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Author Topic:   First side effect of the gay marriage ruling
New Cat's Eye
Inactive Member


Message 12 of 98 (761192)
06-29-2015 1:27 PM
Reply to: Message 2 by jar
06-28-2015 7:44 PM


As a gun owner I don't see anyway the ruling could be construed to mean that.
As I understand it, the argument goes that if State Y has to recognize State X's marriage license, because of section 1 of the 14th amendment, then that same precedent also applies to State X's conceal carry licenses and State Y has to recognize it as well.
So for example, my state - Illinois, only recognizes CCL's that they issue themselves and they don't recognize them from other states.
If the 14th means that the state of Illinois must recognize other state's marriage licenses, then the same argument could apply to other state's Conceal Carry Licenses and then Illinois would have to recognize those too.

This message is a reply to:
 Message 2 by jar, posted 06-28-2015 7:44 PM jar has replied

Replies to this message:
 Message 13 by jar, posted 06-29-2015 2:24 PM New Cat's Eye has replied
 Message 15 by NoNukes, posted 06-29-2015 4:02 PM New Cat's Eye has replied
 Message 22 by Dr Adequate, posted 06-29-2015 5:32 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 14 of 98 (761208)
06-29-2015 3:53 PM
Reply to: Message 13 by jar
06-29-2015 2:24 PM


That may be the argument they try to use but it is not what the ruling says.
Well sure, not this ruling, but the precedent, as I said.
A big portion of this ruling was just determining that marriage was a fundamental right. Then they got into how being a fundamental right meant these things.
One of those things was that the justifications for refusing to recognize marriages from other states was undermined by the states being required by the Constitution to issue those licenses in their state.
Now, we already know that having guns is a fundamental right.
And the SCOTUS ruled that it was unconstitutional for my state to refuse to issue people CCLs.
Therefore, if they have to issue this license in this state then that should also undermine their justifications for refusing to recognize licenses from other states.
That's one of the precedents that seems to have been set by this ruling. But I could be wrong.

This message is a reply to:
 Message 13 by jar, posted 06-29-2015 2:24 PM jar has not replied

Replies to this message:
 Message 17 by PaulK, posted 06-29-2015 4:05 PM New Cat's Eye has replied
 Message 18 by caffeine, posted 06-29-2015 4:19 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 16 of 98 (761211)
06-29-2015 4:05 PM
Reply to: Message 15 by NoNukes
06-29-2015 4:02 PM


As I understand it, the argument goes that if State Y has to recognize State X's marriage license, because of section 1 of the 14th amendment, then that same precedent also applies to State X's conceal carry licenses and State Y has to recognize it as well.
You understand the ruling exactly as poorly as does Marc9000.
That was a paraphrase of the argument I saw, not the ruling.

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 Message 15 by NoNukes, posted 06-29-2015 4:02 PM NoNukes has not replied

  
New Cat's Eye
Inactive Member


Message 19 of 98 (761214)
06-29-2015 4:22 PM
Reply to: Message 17 by PaulK
06-29-2015 4:05 PM


Second, concealed carry is distinct from gun ownership. If you want to claim that concealed carry is a fundamental right, you need better reasoning than that.
From DC v Heller:
quote:
At the time of the founding, as now, to "bear" meant to "carry."
...
From our review of founding-era sources, we conclude that this natural meaning was also the meaning that "bear arms" had in the 18th century. In numerous instances, "bear arms" was unambiguously used to refer to the carrying of weapons outside of an organized militia.

This message is a reply to:
 Message 17 by PaulK, posted 06-29-2015 4:05 PM PaulK has replied

Replies to this message:
 Message 21 by PaulK, posted 06-29-2015 4:43 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 20 of 98 (761216)
06-29-2015 4:25 PM
Reply to: Message 18 by caffeine
06-29-2015 4:19 PM


I've been trying to find out what case you're referring to, but can't.
Yeah, sorry, I was wrong. It wasn't SCOTUS, it was the 7th Circuit Court of Appeals:
Moore v. Madigan - Wikipedia
For some reason I though that one went to the Supreme Court, but it didn't.

This message is a reply to:
 Message 18 by caffeine, posted 06-29-2015 4:19 PM caffeine has seen this message but not replied

  
New Cat's Eye
Inactive Member


Message 36 of 98 (761273)
06-30-2015 10:01 AM
Reply to: Message 21 by PaulK
06-29-2015 4:43 PM


I guess that you didn't notice the "concealed" in "concealed carry".
Your citation doesn't address that.
Really? Is that really the argument you want to go with?

This message is a reply to:
 Message 21 by PaulK, posted 06-29-2015 4:43 PM PaulK has replied

Replies to this message:
 Message 39 by PaulK, posted 06-30-2015 4:21 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 37 of 98 (761274)
06-30-2015 10:03 AM
Reply to: Message 22 by Dr Adequate
06-29-2015 5:32 PM


So for the same argument to apply to (for example) concealed-carry licenses, you would first need (for example) a ruling that any state must issue a concealed-carry license to anyone who wants one.
What about the Moore v Madigan case that I linked to in Message 20, is that at all relevant?

This message is a reply to:
 Message 22 by Dr Adequate, posted 06-29-2015 5:32 PM Dr Adequate has replied

Replies to this message:
 Message 38 by Dr Adequate, posted 06-30-2015 3:57 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 40 of 98 (761360)
06-30-2015 4:44 PM
Reply to: Message 39 by PaulK
06-30-2015 4:21 PM


If showing an obvious fallacy in your argument is not enough, what is ?
You didn't show an obvious fallacy.
You claimed that because the DC v Heller case didn't explicitly state "concealed" when it said that people have the right to carry arms, then that means that they were not talking about concealed carry.
They were just talking about carrying, and whether or not it is concealed is a subset of that so your point was irrelevant.
It'd be like you arguing that we don't have free speech online because the first amendment doesn't mention the internet.

This message is a reply to:
 Message 39 by PaulK, posted 06-30-2015 4:21 PM PaulK has replied

Replies to this message:
 Message 42 by PaulK, posted 06-30-2015 5:10 PM New Cat's Eye has replied
 Message 43 by NoNukes, posted 06-30-2015 5:42 PM New Cat's Eye has not replied

  
New Cat's Eye
Inactive Member


(2)
Message 41 of 98 (761363)
06-30-2015 4:55 PM
Reply to: Message 38 by Dr Adequate
06-30-2015 3:57 PM


There was a part in the opinion that I didn't really notice much before (bold added for emphasis):
quote:
there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.
I was under the impression that they were saying that there was no lawful basis for a State to refuse to recognize another State's marriage at all.
If they're only saying that there's no lawful basis for a State to refuse to recognize another State's marriage on the ground of its same-sex character, well, that's different. And that pretty much convinces me that the argument I was making is wrong.
Thanks for your time.

This message is a reply to:
 Message 38 by Dr Adequate, posted 06-30-2015 3:57 PM Dr Adequate has not replied

  
New Cat's Eye
Inactive Member


Message 44 of 98 (761370)
06-30-2015 7:05 PM
Reply to: Message 42 by PaulK
06-30-2015 5:10 PM


It means that they were not restricting themselves to concealed carry.
What do you mean?

This message is a reply to:
 Message 42 by PaulK, posted 06-30-2015 5:10 PM PaulK has replied

Replies to this message:
 Message 45 by PaulK, posted 07-01-2015 1:02 AM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 46 of 98 (761409)
07-01-2015 9:20 AM
Reply to: Message 45 by PaulK
07-01-2015 1:02 AM


Well you've certainly failed to put together a convincing cohesive argument.
But thanks for trying, even though your effort was minimal.

This message is a reply to:
 Message 45 by PaulK, posted 07-01-2015 1:02 AM PaulK has replied

Replies to this message:
 Message 47 by PaulK, posted 07-01-2015 9:49 AM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 48 of 98 (761413)
07-01-2015 10:11 AM
Reply to: Message 47 by PaulK
07-01-2015 9:49 AM


If you put as much effort into writing a comprehensible argument as you do into trying to be a dick, then I'd continue to respond to you.
But I doubt it, so I'm just going to keep thinking that you're retarded and stop.
Good day, sir.

This message is a reply to:
 Message 47 by PaulK, posted 07-01-2015 9:49 AM PaulK has replied

Replies to this message:
 Message 49 by PaulK, posted 07-01-2015 10:37 AM New Cat's Eye has replied
 Message 51 by Theodoric, posted 07-01-2015 11:24 AM New Cat's Eye has not replied

  
New Cat's Eye
Inactive Member


Message 50 of 98 (761419)
07-01-2015 11:15 AM
Reply to: Message 49 by PaulK
07-01-2015 10:37 AM


If you are allowed to openly carry a gun you are allowed to carry a gun. Even if you are NOT allowed to carry a concealed gun.
Understand that?
Yup.
The fundamental right is to carry. I don't care if its concealed or not.
The same argument would have applied to a license for open carry.

This message is a reply to:
 Message 49 by PaulK, posted 07-01-2015 10:37 AM PaulK has replied

Replies to this message:
 Message 52 by PaulK, posted 07-01-2015 11:25 AM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 55 of 98 (761432)
07-01-2015 11:38 AM
Reply to: Message 52 by PaulK
07-01-2015 11:25 AM


I was right all along. There is no fundamental right to concealed carry.
As I said, what you were right about was irrelevant to the argument.
There is no fundamental right to carry a firearm openly,
There is a fundamental right to carry a firearm, period.
It doesn't matter if it is open or concealed.
The argument was about how licenses to carry should be handled. Whether they're concealed or open is irrelevant.

This message is a reply to:
 Message 52 by PaulK, posted 07-01-2015 11:25 AM PaulK has replied

Replies to this message:
 Message 57 by PaulK, posted 07-01-2015 11:56 AM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 56 of 98 (761433)
07-01-2015 11:50 AM
Reply to: Message 54 by jar
07-01-2015 11:28 AM


I would think that the term "keep and bear" would mean carry.
It really is that simple.
Yeah, but you're talking to a guy who also wrote this, in Message 253:
quote:
with their own guns
The wording is "bear arms" not own arms. If they meant personal ownership why did they not state that?

This message is a reply to:
 Message 54 by jar, posted 07-01-2015 11:28 AM jar has seen this message but not replied

  
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