From: colten@cbnewsb.cb.att.com (marc.colten)
Subject: Re: 2nd Ammendment
Summary: the RKBA and minors and others.
Keywords: None
Organization: AT&T
Date: Fri, 6 Nov 1992 03:43:51 GMT

In article <1992Nov5.204654.4481@newshost.lanl.gov>, jlg@cochiti.lanl.gov (J. Giles) writes:
> In article <1992Nov5.133648.1557@cbfsb.cb.att.com>, colten@cbnewsb.cb.att.com (marc.colten) writes:
> |> [...]
> |> 1)  A 12 year old boy takes his father's pistol to school with him.
> |>     Can school officials take it away?
> 
> Yes.  Underage and on government owned property, either of which
> are recognized as adequate reasons to suspend *lots* of rights
> if the controlling authority decides (I can't carry a camera or
> a tape recorder into my office).  The same is true of private
> schools, for different reasons: I can forbid *anyone* of any age
> from entering my property armed - except police with a warrant.
> 
I've seen it said on the net that they can pass laws on driving 
because there is nothing in teh Constitution about it - but since
the Constitution mentions the RKBA so no laws can be made to limit
it.  Does the 2nd amendment say "all adults" or only on private property,
and since we are citizens, how can they ban anything on "government"
property?

> |> [...]
> |> 2)  A violent criminal is released on bail.  His first stop is
> |>     a gun store - can he be forbidden to buy the gun?
> 
> If he has prior felony *convictions*, he can be denied the gun.
> He can also be denied the vote, etc....  Of course, not all 
> jurisdictions have such constraints in place.  If there are no 
> *convictions* against him, then his rights are intact - even while 
> on bail.  The police are likely to be keeping a watch on him though.

Okay - I should have said "convicted" - but where in the constitution
does it say "Only citizens who have not been convicted of a crime
have the RKBA"

> 
> |> [...]
> |> 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?
> 
> Probably not.  But I guarantee someone will try (assuming you're
> spotted).  Certainly, it would be irresponsible of the school to
> allow the kids out for recess if they know of such a situation.
> If you ever actually fire the weapon into the schoolyard, the 
> nearest police sharp-shooter will probably just kill you (and
> serve you right too).
> 
Nice picture - kids cowering in the building day after day - all the
shades drawn in case I get impatient.  As for if I fire the weapon,
its' gonna be a little late for the kids - one shot should kill one
kid I think, and if history is any indication, I'll have shot myself
long before the police do.  No, doesn't work for me.

> |> [...]
> |> 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?
> 
> Not in most places.  Public transportation vehicles can prohibit
> toxic substances, weapons, etc. if the controlling authority desires.
> I don't know whether threatening anyone is an actionable offense in 
> most places, but I suspect it is in many.

If I dont' shoot - can they still sue?  Of course - after I shoot
they can't.  

Still the same argument.  The RKBA is complete, inviolable and
above human law to regulate, except for:
1) minors (a legal fiction in any case)
2) convicted felons
3) some places - butnot many according to you.


marc colten