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Should you be excused for not knowing what the law is?

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
Should vs reality

To the OP:

At the practical level, we absolutely must know what the law is as we will be held to held to account. This is reality. It is very expensive reality to forget or wish away.

But what should the matter be? What if every State and city were allowed to have different laws regarding what books could be read, and what religious practices were permitted? Can you imagine having to check State and local laws every time you traveled to make sure you were ok to display a particular religious or political bumper sticker on your car?

At least when we are talking about constitutionally enumerated rights, there should be a minimum level of legal respect across the entire nation. Some States might choose to higher level of respect, but no State should be permitted to infringe enumerated rights any more than some national standard. When it comes to RKBA, there should be a minimum standard good nationwide. Stay within that and you are legal wherever you go that the US flag is flying. For sake of simple example (not to suggest I think this should be the standard), maybe States are allowed to have bars and schools be off limits, and the person with a gun must have a permit to carry issued by a government authority somewhere in the nation. States are free to allow permit-free carry, and to allow guns in bars and schools if they want to. But the guy with a permit in his pocket who avoids carrying into bars and schools would be in a nationwide safe harbor.

As for other laws in general, I believe there should be a standard of "knowingly and willfully" required before a conviction could be obtained under many laws. All mentally competent adults should understand that certain conduct is wrong and likely to be illegal: conduct that harms or endangers others. Certain fields require education and certification to make sure those engaged in them do know the law.

But when a person can be convicted for walking on endangered dirt, filling in a small seasonal pond (aka mud hole) on his own property, selling raw milk to a neighbor (under full disclosure the milk is raw), and so on, then at the very least there needs to be the protection of illegal conduct being knowingly and willfully. Quite likely, a whole bunch of laws simply need to be repealed.

Charles
 
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