Bush Reverses Ashcroft?

Discussion in 'In the News' started by Malum Prohibitum, Dec 26, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Is the official position of the U.S. Government now that the Second Amendment protects an individual or a collective right?



    http://waronguns.blogspot.com/2006/12/b ... html#links

    As in the NPRM, under Sec. 460.53, a space flight participant may not carry on board any explosives, firearms, knives, or other weapons.

    :-s

     
  2. Gunstar1

    Gunstar1 Administrator

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    Not quite, the FCC and someone at the White House approved rules, not the explanation.

    There is no evidence that anyone with true policy making power inside the executive branch or DOJ signed off... or even saw this collective rights argument.

    My bet would be someone said something like "The FAA wants to extend the airline flight rules to cover commercial space flights."
    To which the answer was ok/sure.

    It was the restriction of items allowed on such flights that was OKed, not that the second amendment is collective.

    The collective rights argument came up in corrispondence with an FAA lawyer (seemingly a top FAA lawyer) as to why guns were allowed to be banned. However, an FAA lawyer commenting on the 2nd amendment being collective is not something I would say POTUS or his chiefs/cabinet have signed off on.

    A letter by a (probably anti-gun liberal) lawyer at the FAA does not override the position of the US AG and the DOJ.
     

  3. Gunstar1

    Gunstar1 Administrator

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    Oh, and even if the lawyer had agreed that the 2nd is individual, that still allows "resonable restrictions" that could be used as to why they can ban firearms.

    Not that I am saying it is correct, just that it is the way it could be said and still be valid in court.
     
  4. Gunstar1

    Gunstar1 Administrator

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  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    :shock: GS1, it is almost like they read your previous post!

    I am glad somebody straightened them out at least on the indivdual/collective issue, though, which means somebody higher up the food chain informed them that the administration is sticking by the previous Ashcroft letter.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    If I were President, I would pick up the phone, call the FAA and tell them to fire the person who wrote the original opinion before the close of business today, as it was directly contrary to my administration's position on the issue.

    I would also tell them to reassess their opinion. How are people going to fight off space pirates and malignant aliens?

    On a more serious note, does this affect private space flights, and, if so, there is not a similar rule for private airplane flights, is there? If I charter a plane, rules are up to me and the charter captain, aren't they?

    If Johnpeace flies me down to south Georgia, I can still carry, can't I? Assuming I did not carry into the terminal, of course (Georgia law).
     
  7. Gunstar1

    Gunstar1 Administrator

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