Friday, May 23, 2014

I've said it before, but you don't listen to me.

Yeah, you know more about the law than I do...

Anyway, this comes from Andrew F. Branca: somebody I would definitely describe as being pro-gun, but some of you have problems with Andy Raymond being "pro-gun".
Here’s some breaking news for you “OCIYF!” people:

YOU HAVE ABSOLUTELY NO SECOND AMENDMENT RIGHT TO CARRY A FIREARM INTO A PRIVATELY OWNED BUSINESS.

None. Zero. Zilch. Zip.

The Second Amendment forbids the Federal government—and since McDonald also the individual state governments—from infringing on the right of the people to keep and bear arms. Key word: government.

The Second Amendment does nothing whatever to constrain the rights of private property owners to determine for themselves whether to allow the carry of guns—concealed or open—on their property.
To put it even more simply, when you are on someone else’s property you are there as an invited guest. You stay at their pleasure, and under their rules, rules that only they are entitled to define. Make your host unhappy for any reason whatever and they are entirely within their rights to order you to leave. Refuse to comply and you’ve become a criminal guilty of trespass.
Got that:  The Constitution and Bill of Rights apply to government, not private action.

He also has some choice words for the Open Carry movement as well.

5 comments:

  1. That must be why it repeatedly states, "the right of the people."

    orlin sellers

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  2. AH yes in most states a business can ask you to leave for almost any reason and don't actually have to state said reason. But they still have to ask you too leave.Up until such time as they ask you to leave you done NOTHING illegal and even after being asked to leave, if you do leave you still have done NOTHING illegal. And this assumes the firearm is visible if concealed they would be none the wiser as to whether you are carrying or not. And you have no obligation to answer any questions by said business as to whether or not you are carrying.
    I'm actually surprised Laci that you are able to understand property rights on this issue however I'm sure your understanding only applies to the gun issues, on other issues such as smoking in a business or what size soft drinks can be served by a business and a myriad of other leftist laws that violate a business right to decide what is best for itself, Im sure you will stick with your Marxist extremist beliefs on telling business's whats best for the collective

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  3. So Laci - you are ok with allowing businesses that are open to the general public to keep out people based on their race, religion, sex, sexual orientation, or any other reason that may make them unhappy?

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  4. But, guns are different!

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    Replies
    1. They are!
      Thanks for that clarification.

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