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The
Below Comments Relate to this Newslink:
| Comment by:
PHORTO
(3/29/2019)
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"...though it may stumble in the Republican-controlled Senate."
May? MAY? It's DOA, you idiot.
And yes, lawfully preventing people with histories of violence obtaining firearms is a laudable goal, but it can only be done strictly respecting constitutional guarantees of due process of law.
If one isn't a categorically prohibited person, the state must follow full due process BEFORE suspending his/her rights and taking property.
BEFORE, not after.
And that's the Achilles Heel of these laws - they are structured on ex parte hearings considering allegations. The standard for suspending rights is much higher than that. Seizing people or property demands probable cause of a crime HAVING BEEN COMMITTED.
There is no 'Minority Report' clause. |
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| QUOTES
TO REMEMBER |
| For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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