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Discussion Starter · #1 ·
Is the official position of the U.S. Government now that the Second Amendment protects an individual or a collective right?

When John Ashcroft penned his "individual rights" opinion, it made headlines around the world. Terms like "sea change" were thrown about, and we were told how significant the opinion was for gun rights. The Bradys went nuts. 18 state attorneys general followed suit and drafted their own letter of concurrence. And this was used to tremendous advantage to convince gun owners to throw their support behind the Bush administration.

But now we have it from one of the top attorneys in that administration that the "collective rights" language "was reviewed and approved by the Executive Office of the President."
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.

XCOR inquired whether the FAA had the authority to impose security requirements under its statute and the U.S. Constitution. The Second Amendment to the Constitution provides that "[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'' This right is not unfettered. Nearly every statute restricting the right to bear arms has been upheld. For example, in 1958, Congress made it a criminal offense to knowingly carry a firearm onto an airplane engaged in air transportation. 49 U.S.C. 46505. Additionally, nearly all courts have also held that the Second Amendment is a collective right, rather than a personal right. Therefore, despite the Second Amendment collective right to bear arms, the FAA has the authority to prohibit firearms on launch and reentry vehicles for safety and security purposes.
:-s

Dear Mr. Codrea:

Thank you for your comments on the human space flight requirements. This rule, including its security requirements, underwent coordination and review within the executive branch. It was reviewed and approved by the Executive Office of the President.

Your comments will be placed in the docket.

Sincerely,

Laura Montgomery

Laura Montgomery
Senior Attorney
Office of the Chief Counsel
Federal Aviation Administration
(202) 267-3150
 

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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.
 

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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.
 

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Discussion Starter · #5 ·
: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.
 

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Discussion Starter · #6 ·
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).
 
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