Trigger Lock idea for Heller?
This is a discussion on Trigger Lock idea for Heller? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; After studying the Heller Discussion today, I have come up with a pretty interesting way to address the whole trigger lock issue they presented. I ...
March 18th, 2008 11:56 PM
Trigger Lock idea for Heller?
After studying the Heller Discussion today, I have come up with a pretty interesting way to address the whole trigger lock issue they presented. I think it addresses the concerns about having a gun ready when needed and safe storage too...
As far as I can tell, this follows with a pretty strict reading of 2A. Arms have to be functional. "Right of the people" requires a person. No person present = no right.
The DC statues require that handguns and other arms be outfitted with a trigger lock or unloaded and disassembled (except for range practice or active use during self defense). The second amendment protects the right to “keep” arms and the term “keep” implies that the arm remain functional.
By rendering a firearm inoperable, it ceases to be an arm and violates the protection guaranteed by the amendment. A gun with a trigger lock is only a paperweight...
Seeing as the right also is granted only to “the people to keep…” the right also requires the prescience of a person.
So long as a person who is authorized to have the arm is present, the arm is protected and may be kept in a fashion to render it fully functional. If no authorized person is present (i.e. no adult, but only a minor) no protected right exists and the storage of the arm may be legislated without constitutional scrutiny.
what do you'all think?
"a reminder that no law can replace personal responsibility" - Bill Clinton 2010.
March 19th, 2008 12:31 AM
I don't think that 'keep' requires a person to be present. Where do you 'keep' your car? In the driveway? If you walk to the store, do you still 'keep' it in the driveway?
The word has many meanings and I would like to think that they include 'keeping' arms in your holster, under your shirt, etc.
IMO, keeping and bearing arms are two distinct natural rights. Keep meaning to possess in all forms, and bear meaning to use in all forms. No possession or use of arms shall be infringed. Crimes shall be punished.
March 19th, 2008 09:28 AM
Methinks it is a distinction without a difference, but interesting semantics nonetheless.
Are you an attorney?
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