Posted by: TEEBONE ® |
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|HI: Trump Judge Tries to Strike Down State Gun Safety Law: Confirmed Judges, Confirmed Fears|
Submitted by: firstname.lastname@example.org">Mark A. Taff
Hawaii has a long history of concern about and laws to promote gun safety, going back many years before it became a state. Individuals can possess guns in their homes and places of business, but cannot carry them openly in public unless they obtain a license, for which they must demonstrate “the urgency or the need” for such open carry to help protect “life and property.” George Young applied twice for such a license but did not attempt to show such an urgency or need; instead, he relied on his “general desire to carry a firearm for self-defense.” Young’s applications were denied and he sued in federal court to have the Hawaii law invalidated as unconstitutional under the Second Amendment.
|Comment by: PHORTO (3/26/2021)|
|The "urgent need" requirement is a counterfeit fabrication created from whole cloth.|
The lawful exercise of fundamental rights cannot, BY DEFINITION, depend on a particularized "urgent need."
The right to keep and bear arms is as fundamental a right as free speech, free exercise of religion, freedom of assembly, freedom to petition the government for redress of grievances, the right to be free from unreasonable searches and seizures, the right to due process of law, etc. etc. etc.
The "balanceing test" argument by opponents, while appropriate for tempering other governmental restrictions, cannot be applied to constitutionally enumerated fundamental (unalienable) rights.
LIBERTY HAS NO EXPIRATION DATE