August 10, 2019

SNOWFLAKE ALERT--BIDEN STATES FACT:

Biden: The Second Amendment Isn't 'Absolute' (Cameron Cawthorne, AUGUST 10, 2019, Free Becon)

"The Second Amendment -- no amendment is in fact absolute," Biden said. "You cannot stand up in this hall and yell fire. That's not freedom of speech because they know the consequence of yelling fire: There'll be a stampede, and someone will get hurt."

Even Heller, which got legislated a right that is contratextual, stated not only that the 2nd is not absolute but that assault weapons can legitimately be banned, DISTRICT OF COLUMBIA, et al., PETITIONERS v. DICK ANTHONY HELLER (Justice Scalia delivered the opinion of the Court, 6/26/08, SUPREME COURT OF THE UNITED STATES)

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. See, e.g., Sheldon, in 5 Blume 346; Rawle 123; Pomeroy 152-153; Abbott333. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. See, e.g., State v. Chandler, 5 La. Ann., at 489-490; Nunn v. State, 1 Ga., at 251; see generally 2 Kent *340, n. 2; The American Students' Blackstone 84, n. 11 (G. Chase ed. 1884). Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment , nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.26

    We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those "in common use at the time." 307 U. S., at 179. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of "dangerous and unusual weapons." 

Posted by at August 10, 2019 5:59 PM

  

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