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Fri Dec 21, 2012, 03:19 PM

 

IMO the problem is "self-defense" and "group-defense" and a solution must satisfy both. [View all]

SCOTUS says govt is not obligated to protect citizens unless they are in custody.

See Castle Rock v. Gonzales, 545 U.S. 748 (2005) and read an excellent DU post by X_Digger at http://www.democraticunderground.com/?com=view_post&forum=1002&pid=2036160

I ask in another DU post “Is govt obligated to protect citizens in groups like Sandy Hook’s School?” http://www.democraticunderground.com/10022038386

No one has answered that question yet.

Many people live in places where LEO response to a 911 call is more than 10 minutes away or perhaps hours or longer.

Even LEO recommend citizens in those areas arm themselves against criminals who wish to rob, rape, or commit other violent crimes.

On the other hand, when people group together as in a theater or school, they present an inviting target for anyone; mentally unstable, terrorist, et al; who wish to murder lots of people.

That's something IMO society has a right to defend.

That's the problem as I would define it, not one but two problems.

A solution would enact laws that balance the "right of an individual to defend self" with the "right of society to defend itself".

IMO the first is the older since it predates society and preexists our Constitution. The latter is an outgrowth of society.

Perhaps an imperfect hypothetical would be laws that acknowledge the individual right to self defense of a rancher in remote Wyoming with the social right to defend groups in the District of Colombia.

I purposefully chose two extremes as something like a worst case scenario.

Don't know the answer, really don't, but IMO a solution must satisfy both needs.

I considered posting this in GD under Skinner’s temporary amnesty but thought it would attract invective and ad hominem posts and not mature, dispassionate debate.

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