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Reply #2: except that it's a constitutional rights issue [View All]

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paulsby Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-20-09 01:25 PM
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2. except that it's a constitutional rights issue
and thus federal constitutional rights can't be infringed. any state can recognize additional or more expansive rights than the federal constitution (mine has a right to privacy written in the constitution, WA state), but cannot have LEsS rights than under the federal standard.

regardless, right now the scotus has not ruled that concealed carry is a constitutional right under the 2nd, so we can have states like vermont that allow that, and NY that don't.

also note that NYC is in new york state. generally speaking,a city cannot restrict people within their cities to the extent that it infringes on rights under state law/state constitution. god knows seattle has tried that in WA state. the mayor even said he was going to do an 'executive order' (shades of bush) to ban guns from many city parks, etc. but that was just political posturing because it would be illegal.

when we are talking about constitutional rights, what may work better may ALSO be unconstitutional. and constitutional rights trump utilitarian arguments. it might work better to erode the 4th amendment. it might work better to eliminate the right to remain silent (england doesn't have one), etc. that's irrelevant because it's a right.
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