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Reply #65: This is unquestionably in iverglas' philosophical neighborhood: [View All]

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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 07:21 PM
Response to Reply #62
65. This is unquestionably in iverglas' philosophical neighborhood:
Suppose a state were to decide that people cornered in their homes must surrender rather than fight back — in other words, that burglars should be deterred by the criminal law rather than self help. That decision would imply that no one is entitled to keep a handgun at home for self-defense, because self-defense would itself be a crime, and Heller concluded that the second amendment protects only the interests of law-abiding citizens. See United States v. Jackson, 555 F.3d 635 (7th Cir. 2009) (no constitutional right to have guns ready to hand when distributing illegal drugs).

Our hypothetical is not as far-fetched as it sounds....

Source: http://www.ca7.uscourts.gov/tmp/O01FGDTE.pdf


This hypothetical is not at iverglas' precise philosophical address, of course, but it is at most two or three doors down. Of course, if questioned, she would no doubt deny the existence of highly placed jurists (The 7th Circuit, no less) who believe it constitutional and lawful to outlaw self-defense. "Nobody opposes self-defense as long as it is desperate, unplanned, and one does not have eeeeeeevil guns for that purpose" or something like that.

She's never seen her neighbors.
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