Thursday, October 15, 2020

Apples and Oranges

 While the First Amendment permits states to require licenses for demonstrations (for reasons of externalities that also underlie licensing requirements for guns), such licenses cannot be unreasonably delayed as that delay effectively undermines the right of free speech. [More]

Buying a gun does not require closing off public areas and making provisions for accomodating and controlling traffic and crowds.  

[Via Michael G]

2 comments:

  1. It's weird that I have had to post this L Neil Smith quote three times today. The subject keeps coming up!

    “The freedom to own and carry the weapon of your choice is a natural, fundamental, and inalienable human, individual, civil, and Constitutional right – subject neither to the democratic process nor to arguments grounded in social utility.”

    ReplyDelete
  2. But you cannot (legally) use the permitting or zoning authority to effectively ban what would otherwise be lawful.

    Two well known examples were the effective bans on gun shops in Chicago and Washington, DC.

    Two less well known one examples:

    https://en.wikipedia.org/wiki/Julia_Tuttle_Causeway_sex_offender_colony

    http://www.antennazoning.com/attachments/Canton_Twp._v_Benner.pdf

    ReplyDelete

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