Google Analytics

Thursday, January 3, 2013

It doesn't matter what I need.

The conversation keeps coming back around to "who needs a gun that can do X?" The gun control crowd wants the conversation to be framed in a mode that you have to defend your choice to exercise your rights. That is the wrong conversation. The real conversation (and backed by case law) is "what justification do you have for taking away my rights?"

I don't NEED to be able to blog.
I don't NEED to have lunch with my friends every single day.
I don't NEED to own a rifle.

...right now.

All of the things above are freedoms (speech, assembly, arms) I am assumed to have just by the mere fact that I am a human being. I don't need to justify them. To anyone.

US case law history demonstrates this and states that if you want to curb one of these rights, restrict it in some way, the burden is on you to provide a really good reason. A really good reason. And that restriction has to be narrowly tailored, very specific, and address some imminent threat to the general public.

Shouting fire in a theater, directly calling for and inciting a riot, or waving a gun in a crowd do create an imminent threat. Merely owning a firearm does not.

You can talk all you want about whether I may or may not need something right now, but if you plan to tell me I actually can not have that something, you had better have a solid fact based reasoning behind your supposed "sensible and common sense" proposal. Otherwise just walk away and have a nice day.

No comments: