Re: SORRY, MANDATORY GUN REGISTRATION IS CONSTITUTIONAL

2009-08-22 Thread pflee
I'm too lazy to make sure that Kopel makes the point that such a registration would only make sense if the government makes preparations to actually use the militia including regular drills, supplying weapons for those who couldn't afford them, laws requiring that weapons of a particular type and c

Re: COMMAS OF THE SECOND

2007-03-22 Thread pflee
The whole notion this decision turns on commas is defective on the face. There are several different representations of the wording of the Second Amendment as it was submitted to Congress and to the States. Just to illustrate another version: " A well regulated Militia being necessary to the sec

RE: Fw: Duty not just to rescue but to defend implicit in militiaduty

2006-11-22 Thread pflee
Yes, I was simplifying, but I don't think overly so. I thought the question was what special legal obligation existed, for an armed individual by reason that he is armed under a [legal] "duty to rescue". Yes, I did know that the potential for grave bodily harm, kidnapping, etc. justified the use

RE: Fw: Duty not just to rescue but to defend implicit in militiaduty

2006-11-22 Thread pflee
Mea Culpa. I thought the question of an armed individual "duty to rescue" too narrow for just a discussion in the legal context since "duty to rescue" laws explicitly exclude the "duty" when acting would place your life in danger (even Jewish law has similar exclusions http://www.daat.ac.il/daat

Re: Fw: Duty not just to rescue but to defend implicit in militia duty

2006-11-22 Thread pflee
Duty is not defined by the law. Thinking that it is demeans duty and reduces it to squabblings in court. To quote from a different era "Duty is the sublimest word in the language. You can never do more than your duty. You should never wish to do less." Duty, like morality, should be taught at ho

Re: Duty to Rescue and Concealed Carry

2006-11-22 Thread pflee
The murder in NYC in 1964 of Kitty Genovese may be what you are describing. See the article at http://www.newsday.com/community/guide/lihistory/ny-history-hs818a,0,7944135.story As I recall, the story was carried nation wide (I read about it in Atlanta) and the editorialist all were asking how the

RE: "Oh Canada"

2006-06-21 Thread pflee
Maybe prosecutors would not bring charges in Florida -- see the similar event below. Maybe people who have been attacked think the attacker(s) is (are) maneuvering for better position when they turn to run. And thugs are always so believable if they live. Maybe lawyers just like to parse batt

RE: "Oh Canada"

2006-06-20 Thread pflee
You missed the part: "Now, 28 year old Harvey Joseph Young is charged with Attempted Murder, along with eight other weapons and firearm-related charges." First, it might seem to me that the two thugs confessing to home invasion might lie about when the shot happened. The story doesn't report what

Re: Prying the Second Amendment's Meaning from the Founders' Cold Dead Hands

2006-06-06 Thread pflee
In her note "Prying the Second Amendment's Meaning from the Founders' Cold Dead Hands" at http://www.kcba.org/scriptcontent/KCBA/barbulletin/current/article1.cfm Sarah Kaltsounis treats the Second Amendment as if it was written "A well regulated Militia, being necessary to the security of a free