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The
Below Comments Relate to this Newslink:
The Second Amendment Right to Be Negligent
Submitted by:
Bruce W. Krafft
Website: http://www.keepandbeararms.com/
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"Only two constitutional rights — the First and Second Amendments — have the capacity, through judicial interpretation or legislative action or inaction, to confer a 'right to be negligent' on private citizens; that is, a right to engage in objectively unreasonable risk-creating conduct without legal consequences. In the First Amendment context, for example, the Supreme Court, in New York Times v. Sullivan and its progeny, expressly embraced a right to be negligent in defaming public officials and public figures to protect speech. This Article asserts that through both common and statutory law the United States has enshrined a de facto Second Amendment right to be negligent ..." ... |
| Comment by:
Millwright66
(3/31/2015)
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| Without reading beyond the precis, I'll opine the author is going to ignore a lot of enacted and case law for openers. Moreover he's going to have to play "fast and loose" with "negligence" - both in common usage and law to prove his point. |
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| QUOTES
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| Some of the worst abuses of government force in recent years were precipitated by technical and victimless gun-law violations. For example, the BATF claimed that the Branch Davidians possessed machine guns without paying the required federal tax and filling in the proper registration forms. So a tax case worth less than $10,000 led to a 76-man helicopter, machine gun, and grenade assault on a home in which 2/3 of the occupants were women and children. — Dave Kopel and Dr. Michael S. Brown, Prohibition Fever, NationalReview.com |
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