Forums
New posts
Search forums
What's new
New posts
New media
New media comments
Latest activity
Classifieds
Media
New media
New comments
Search media
Log in
Register
What's New?
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Navigation
Install the app
Install
More Options
Advertise with us
Contact Us
Close Menu
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Forums
The Range
Law & Order
Constitutional Carry (SB 1212) on the OK House floor 4/23
Search titles only
By:
Reply to Thread
This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
Message
<blockquote data-quote="Dave70968" data-source="post: 3114340" data-attributes="member: 13624"><p>"Regulate" means "to make regular." Think of a "regulator" in a clock: it makes the seconds "regular," the same every time. It does this by establishing <em>limits</em>, high and low, on the speed the machine can tick.</p><p></p><p>In a Second Amendment context, the "well-regulated militia" was drilled to ensure that all members met a standard--a minimum limit--on performance.</p><p></p><p>"Regulate" absolutely can mean "limit." As a matter of law, you're not going to win on the argument that requiring a license constitutes a prohibition that runs afoul of the <em>Oklahoma</em> Constitution's right to carry, subject to the legislature's power to "regulate." This one of those times when the US Constitution gives more freedom than the state's constitution (see my previous posts, somewhere, about "State Constitutions as a Bulwark of Freedom," or I'll dig it up later if need be).</p><p></p><p>Let me be abundantly clear: I entirely support the idea of Constitutional Carry; I base that in the Second Amendment to the Constitution of the United States, though, not to Oklahoma's. Fortunately, the Fourteenth Amendment incorporates those rights to the states; I think it's just a matter of convincing the right courts to honor that. That's actually my preferred solution: what the legislature giveth, the legislature can taketh away, but if the courts smack the legislatures around, the legislature is bound by that cage. That's the whole point of having the checks-and-balances of separate branches.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3114340, member: 13624"] "Regulate" means "to make regular." Think of a "regulator" in a clock: it makes the seconds "regular," the same every time. It does this by establishing [I]limits[/I], high and low, on the speed the machine can tick. In a Second Amendment context, the "well-regulated militia" was drilled to ensure that all members met a standard--a minimum limit--on performance. "Regulate" absolutely can mean "limit." As a matter of law, you're not going to win on the argument that requiring a license constitutes a prohibition that runs afoul of the [I]Oklahoma[/I] Constitution's right to carry, subject to the legislature's power to "regulate." This one of those times when the US Constitution gives more freedom than the state's constitution (see my previous posts, somewhere, about "State Constitutions as a Bulwark of Freedom," or I'll dig it up later if need be). Let me be abundantly clear: I entirely support the idea of Constitutional Carry; I base that in the Second Amendment to the Constitution of the United States, though, not to Oklahoma's. Fortunately, the Fourteenth Amendment incorporates those rights to the states; I think it's just a matter of convincing the right courts to honor that. That's actually my preferred solution: what the legislature giveth, the legislature can taketh away, but if the courts smack the legislatures around, the legislature is bound by that cage. That's the whole point of having the checks-and-balances of separate branches. [/QUOTE]
Insert Quotes…
Verification
Post Reply
Forums
The Range
Law & Order
Constitutional Carry (SB 1212) on the OK House floor 4/23
Search titles only
By:
Top
Bottom