Tuesday, October 15, 2019

Consider the case of the NRA nut bearing arms in Walmart

Some guy wants to test the Second, OK, lets. He walks through Walmart with a single shot AR15 holstered. The alarm rings, and he is held at gunpoint by an armed fireman, with pistol.

The fireman is my Second amendment right, the expectation of a regulated police force.  he is a fireman, trained and his team members know he carries the firearm, and is trained in its use.  He is my regulated  militia, do not take him away.  That is why we have the Second, and it strongly implies that Walmart and the local constabulary can keep arms under command and control in their course of activities.

This issue is quite a customary interpretation of the Second, I have a hard time seeing how this restriction on guns can be avoided. Walmart has a Second amendment duty to enforce no bearing of arms on its premises, the local constabulary has a Second amendment duty to back Walmart up on this.

Then what is the Right to Bear?

A tautology. The need for a regulated militia, along with the rest of our freedoms,  implicate the private ownership of dangerous weapons, they exist. They have to be manufactured, their components made of civilian materials. They exist as antiques. They have grandfather clauses, like target pistols and rifles. And the Second assume trained private militia. And everyone wants to see the real life firing of an old military cannon, they have entertainment value. All of this right to bear implied in the Second, the Fourth, and 14th. Commercial activities regrading dangerous guns allowed.

But my right to a reasonable regulated police force, in the Second, over rules all of that. When I go to the amateur cannon shoots, I expect all the safety rules and background checks are ongoing, a security guard or two nearby. The Second guarantees us the right to be safely unarmed.

Mother pleaded 'don't shoot' to off-duty LAPD officer who killed mentally ill son in Costco, family says
At that point, Kenneth French was "moving away" from Sanchez, Galipo said. When his parents saw Sanchez pull out the gun and identify himself as a police officer, Russell French yelled out, "Don't shoot. My son is sick," Galipo said.
"I begged and told him not to shoot," Russell French said. "I said we have no guns and my son is sick. He still shot."
Paola French yelled out, "Please don't shoot. Please don't shoot," Galipo said.
"I told officer Sanchez not to shoot twice," Paola French told reporters through sobs. "I even said please. I was pleading for our son."

This is the Second Amendment, right to a regulated militia.  The cop was, correctly,carrying a concealed weapon.  That concealed weapon caries with it the expectation of prompt, regulated police, in uniform.  If I have a concealed weapon, then my training says, do not use the weapon in cases where the prompt arrival of a regulated policeman can be expected. Legally carrying a weapon does not supersede our right to expect uniformed police involvement. There is a gray area, a line in emergencies, this case was not it. If you carry a concealed weapon, then you should know this line is not crossed, you are liable for manslaughter.

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