From: pa142548@utkvm1.utk.edu (T. Archer)
Subject: Re: 2nd Ammendment
Summary: Avoiding the real issues
Organization: University of Tennessee 
Date: Mon, 9 Nov 1992 21:50:43 GMT

In article <1992Nov5.184232.20993@cbfsb.cb.att.com> colten@cbnewsb.cb.att.com (marc.colten) writes:
>
>This is circular logic - "illegal actions ... are not .. protected" -
>but what we are talking about are things that are illegal or legal
>depending on interpretation.  Can certain things be made illegal or
>not?  Sure shooting someone with a gun is illegal, what about carrying

Not always, nor should it be.

>in a threatening manner?  That's the point I was trying to make -
>where can the government make rules and where can't it.
>
>
>You mean the inviolable RKBA can be abridged for minors?  What about
>18 year olds?  What about 12 year olds on the street?

The rights of minors are considered to be held in trust by their guardians.  
Thus, a parent can give consent to have their child searched.  The civil 
liberties of minors is a very goofy area under the law and difficult to 
address.

>
>>    2)  A violent criminal is released on bail.  His first stop is
>>        a gun store - can he be forbidden to buy the gun?
>> 
>> Felons may be denied many constitutional rights, including the right
>> to vote.  They often have to petition the governor of the state for
>> the right to vote.  This varies from state to state.
>> 
>
>I thought the RKBA was an absolute right - how do you lose an absolute
>right just by commiting a crime?

Because that's the way the law works. Convicted felons lose a number of 
their civil liberties.  They cannot vote or own guns.

>
>>    3)  I rent an apartment overlooking a schoolyard.  Early one morning
>>        I screw down the tripod of an automatic weapon to the window sill,
>>        attach the gun so it points down towards the schoolyard,
>>        and sit there by the gun, smiling, waiting for recess.  Can
>>        anyone make me not do this?
>> 
>> Directing a weapon toward anyone in a manner that a reasonable person
>> would consider threatening is assault.  It is illegal, and such laws
>> are not unconstitutional.  This is not "keeping a bearing" an arm; it
>> is threatening someone with one.
>> 
>
>More gray areas - what is a "threatening manner".  What about a guy
>in a klan robe with a rifle?  Is that a legitimate RKBA or a
>threatening manner?  I'm Jewish and I'd feel threatened - but another
>White Supremicist wouldn't.

Pointing a gun at anyone is considered assault.  Laws against assault are 
considered consitutional.

One of the first things Hitler did in preparation for the Holocaust was to 
order the Jews disarmed.

>
>>    4)  You like to ride on public transportation, holding your Magnum
>>        in your hand.  Is this against any law?  Occasionally you playfully
>>        point it at an old lady and "Pow!  Pow!".  Is this legal?
>> 

Deliberately pointing a gun is assault, and it is against the law.

>What about just sitting on the bus, holding the gun and laughing 
>uncontrollably?  Who is the "reasonable" person who gets to forbid
>this.  I've seen plenty of people on the net who might think that
>this is not as threatening as I do.  Do they get to make that decision?

That is not assault.  If you are offended by the sound of laughter, leave at 
the next stop.

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Newsgroups: talk.politics.guns