Hero Defends Shop With Unregistered Gun

You peop]le continue to confuse New York State gun control laws with New York City laws which are against the law because our constitution does not give municipalities the right to establish laws which do not adhere to the state laws. The state of New York does not require the registration of a shotgun. Period. Case closed.

What is this "you people" crap? I am not a "you people." I am my own person.

Kevin and I were not debating the legal nuances that you retorted with here. If you read our exchanges from today, you will see that.
Your retort has absolutely nothing to do with the discussion. You and Kevin don't have exclusive rights to this forum. Again, why are you confusing New York state and New York city rights regarding gun laws in the United States? Cities don't have the right to make gun laws. We just saw the Washington DC law get shot down because it was illegal.

I posted from the state constitution. How is that not relevant? Did I say I had exclusive rights to anything here? No. You replied with the "you people" crap. The only one that has a chip on the shoulder, is you.
 
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What is this "you people" crap? I am not a "you people." I am my own person.

Kevin and I were not debating the legal nuances that you retorted with here. If you read our exchanges from today, you will see that.
Your retort has absolutely nothing to do with the discussion. You and Kevin don't have exclusive rights to this forum. Again, why are you confusing New York state and New York city rights regarding gun laws in the United States? Cities don't have the right to make gun laws. We just saw the Washington DC law get shot down because it was illegal.

I posted from the state constitution. How is that not relevant? Did I say I had exclusive rights to anything here? No. You replied with the "you people" crap. The only one that has a chip on the shoulder, is you.
OK, then let's get back on track here. Show me where the city of New York has the legal constitutional right to make gun laws that are different from their state laws.
 
Your retort has absolutely nothing to do with the discussion. You and Kevin don't have exclusive rights to this forum. Again, why are you confusing New York state and New York city rights regarding gun laws in the United States? Cities don't have the right to make gun laws. We just saw the Washington DC law get shot down because it was illegal.

I posted from the state constitution. How is that not relevant? Did I say I had exclusive rights to anything here? No. You replied with the "you people" crap. The only one that has a chip on the shoulder, is you.
OK, then let's get back on track here. Show me where the city of New York has the legal constitutional right to make gun laws that are different from their state laws.

Start with Article IV of the State Constitution. The Bill of Rights for local governments section. There are several relevant sections that speak to the local governments and their powers. I posted a section of it earlier tonight.
 
I posted from the state constitution. How is that not relevant? Did I say I had exclusive rights to anything here? No. You replied with the "you people" crap. The only one that has a chip on the shoulder, is you.
OK, then let's get back on track here. Show me where the city of New York has the legal constitutional right to make gun laws that are different from their state laws.

Start with Article IV of the State Constitution. The Bill of Rights for local governments section. There are several relevant sections that speak to the local governments and their powers. I posted a section of it earlier tonight.

ok, so from what I said earlier, why can't the local governments limit free speech, religion, etc?
 
OK, then let's get back on track here. Show me where the city of New York has the legal constitutional right to make gun laws that are different from their state laws.

Start with Article IV of the State Constitution. The Bill of Rights for local governments section. There are several relevant sections that speak to the local governments and their powers. I posted a section of it earlier tonight.

ok, so from what I said earlier, why can't the local governments limit free speech, religion, etc?

This thread isn't about the First Amendment. But to answer your question, unless the constitution of the individual states prevent any restriction, they are free to place restrictions on free speech and religion per the Constitution of the United States. "Congress shall pass no law..."
 
Start with Article IV of the State Constitution. The Bill of Rights for local governments section. There are several relevant sections that speak to the local governments and their powers. I posted a section of it earlier tonight.

ok, so from what I said earlier, why can't the local governments limit free speech, religion, etc?

This thread isn't about the First Amendment. But to answer your question, unless the constitution of the individual states prevent any restriction, they are free to place restrictions on free speech and religion per the Constitution of the United States. "Congress shall pass no law..."

if you're going to impede one amendment, why not the others, that is the connection.
 
Start with Article IV of the State Constitution. The Bill of Rights for local governments section. There are several relevant sections that speak to the local governments and their powers. I posted a section of it earlier tonight.

ok, so from what I said earlier, why can't the local governments limit free speech, religion, etc?

This thread isn't about the First Amendment. But to answer your question, unless the constitution of the individual states prevent any restriction, they are free to place restrictions on free speech and religion per the Constitution of the United States. "Congress shall pass no law..."

Wait. so if any state lacks "prevention", a city could allow only KKK newspapers to be distributed?
 
ok, so from what I said earlier, why can't the local governments limit free speech, religion, etc?

This thread isn't about the First Amendment. But to answer your question, unless the constitution of the individual states prevent any restriction, they are free to place restrictions on free speech and religion per the Constitution of the United States. "Congress shall pass no law..."

if you're going to impede one amendment, why not the others, that is the connection.

The Bill of Rights puts restrictions on the federal government not the state government(s). There is nothing in the First or II Amendments, that prevent the individual states from placing their own restrictions ( if any ) on the amendments.
 
ok, so from what I said earlier, why can't the local governments limit free speech, religion, etc?

This thread isn't about the First Amendment. But to answer your question, unless the constitution of the individual states prevent any restriction, they are free to place restrictions on free speech and religion per the Constitution of the United States. "Congress shall pass no law..."

Wait. so if any state lacks "prevention", a city could allow only KKK newspapers to be distributed?

Every state situation is different. It depends on the specifics of the pertinent laws in question. I can't give you a blanket answer to that question. Said newspapers could be construed as inciteful to public safety etc., and thus not allowed by the state. Who knows.
 
This thread isn't about the First Amendment. But to answer your question, unless the constitution of the individual states prevent any restriction, they are free to place restrictions on free speech and religion per the Constitution of the United States. "Congress shall pass no law..."

Wait. so if any state lacks "prevention", a city could allow only KKK newspapers to be distributed?

Every state situation is different. It depends on the specifics of the pertinent laws in question. I can't give you a blanket answer to that question. Said newspapers could be construed as inciteful to public safety etc., and thus not allowed by the state. Who knows.

Uh, forgive me, but I don't like what I'm "hearing'.
 
Wait. so if any state lacks "prevention", a city could allow only KKK newspapers to be distributed?

Every state situation is different. It depends on the specifics of the pertinent laws in question. I can't give you a blanket answer to that question. Said newspapers could be construed as inciteful to public safety etc., and thus not allowed by the state. Who knows.

Uh, forgive me, but I don't like what I'm "hearing'.

Why is that? You asked about the First and II Amendments. They are restrictions on the federal government not the individual states, unless you believe in incorporation, and want the feds to have any more power.

People don't like to hear it, but unless the state government laws already prevent any restrictions, the local and state governments can place restrictions on the First and II Amendments. That is how the amendments and the Bill of Rights were written and set up to begin with.

What I have been saying should not seem foreign.
 
Every state situation is different. It depends on the specifics of the pertinent laws in question. I can't give you a blanket answer to that question. Said newspapers could be construed as inciteful to public safety etc., and thus not allowed by the state. Who knows.

Uh, forgive me, but I don't like what I'm "hearing'.

Why is that? You asked about the First and II Amendments. They are restrictions on the federal government not the individual states, unless you believe in incorporation, and want the feds to have any more power.

People don't like to hear it, but unless the state government laws already prevent any restrictions, the local and state governments can place restrictions on the First and II Amendments. That is how the amendments and the Bill of Rights were written and set up to begin with.

Rights should not be infringed upon by state or city govts. How was desegregation ever forced on Governor Wallace?
 
Uh, forgive me, but I don't like what I'm "hearing'.

Why is that? You asked about the First and II Amendments. They are restrictions on the federal government not the individual states, unless you believe in incorporation, and want the feds to have any more power.

People don't like to hear it, but unless the state government laws already prevent any restrictions, the local and state governments can place restrictions on the First and II Amendments. That is how the amendments and the Bill of Rights were written and set up to begin with.

Rights should not be infringed upon by state or city govts. How was desegregation ever forced on Governor Wallace?

"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." James Madison Federalist Papers #51

You may not like it, but that is how our Constitution was written.
 
Why is that? You asked about the First and II Amendments. They are restrictions on the federal government not the individual states, unless you believe in incorporation, and want the feds to have any more power.

People don't like to hear it, but unless the state government laws already prevent any restrictions, the local and state governments can place restrictions on the First and II Amendments. That is how the amendments and the Bill of Rights were written and set up to begin with.

Rights should not be infringed upon by state or city govts. How was desegregation ever forced on Governor Wallace?

"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." James Madison Federalist Papers #51

You may not like it, but that is how our Constitution was written.

yes, govern the governed, I agree. Keep people from violating each others' rights. but the state govt infringing on people's rights?
 
Rights should not be infringed upon by state or city govts. How was desegregation ever forced on Governor Wallace?

"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." James Madison Federalist Papers #51

You may not like it, but that is how our Constitution was written.

yes, govern the governed, I agree. Keep people from violating each others' rights. but the state govt infringing on people's rights?

As I said, there is no such thing as an absolute right without accountability. The state has the right to set any restrictions via the voice of the employers, so long as those laws do not violate the Constitution of the United States.

If your state has an established law dealing with a specific part of free speech, and an entity within your state places restrictions on your person that are not congruent with the established law, that is an infringement of your right.

The Constitution was written so that the federal government would be the weakest link in the proverbial chain. The states are supposed to have the most power, not the federal government.
 
"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." James Madison Federalist Papers #51

You may not like it, but that is how our Constitution was written.

yes, govern the governed, I agree. Keep people from violating each others' rights. but the state govt infringing on people's rights?

As I said, there is no such thing as an absolute right without accountability. The state has the right to set any restrictions via the voice of the employers, so long as those laws do not violate the Constitution of the United States.

If your state has an established law dealing with a specific part of free speech, and an entity within your state places restrictions on your person that are not congruent with the established law, that is an infringement of your right.

The Constitution was written so that the federal government would be the weakest link in the proverbial chain. The states are supposed to have the most power, not the federal government.

so you're saying the state of california, for example, could get rid of free speech, religion, etc, and set up a Nazi-style state if it wanted, ie only Nazi newspapers, no speaking out against Arnold by penalty of life imprisonment, etc. ??
 
Rights should not be infringed upon by state or city govts. How was desegregation ever forced on Governor Wallace?

"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." James Madison Federalist Papers #51

You may not like it, but that is how our Constitution was written.

yes, govern the governed, I agree. Keep people from violating each others' rights. but the state govt infringing on people's rights?

so you're saying the state of california, for example, could get rid of free speech, religion, etc, and set up a Nazi-style state if it wanted, ie only Nazi newspapers, no speaking out against Arnold by penalty of life imprisonment, etc. ??
No.

LII: Constitution

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


BGG, of course, disagrees.
 
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I didn't read the link, but if his gun was unregistered, doesn't that make him a criminal as well?

He's innocent until proven guilty. And it looks at present like no charges are being brought.

I'd prefer to see the gun registered, but if a gun is unregistered I'd prefer to see it in the hands of someone like the store owner rather than the guys who tried to rob him.

For me, this only becomes a problem when the wrong guy gets shot. In this case the wrong guy wasn't but, if charges are brought, then unfortunately he is probably going to be found guilty.

If this happens, I hope the judge convicts him of a misdemeanor and fines him $1.

I feel potentially sorry for the families of the victims, but punishing the old guy would be, in my view, un-American. Then again, I'm not American so what do I know.

Well, if he broke the law he should face some sort of punishment. While I may disagree with the law, people just can't decide for themselves which laws they are going to follow and which they are not. Just doesn't work that way. I disagree with income taxes, but I'm still going to pay them. If I didn't, I wouldn't get a pass just because I don't like them.

In this specific case, if indeed he did violate the law (remember, we're dealing with one line factoid in an MSNBC story), I'm pretty sure that it would just be a misdemeanor. In which case he would probably have to pay a minimal fine and go on with his life.

Let's see; Plaxico Burress is indicted on gun charges for shooting himself in NY. If convicted, the minimum sentence is 3.5 years. He didn't shoot anyone but himself, lmao. So this guy could be in real trouble now.

Plaxico Burress, former New York Giants receiver, indicted on weapons charge but Antonio Pierce not indicted - ESPN
 

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