A2 a Civil Right?

I have heard that A2 is a civil right, specifically after the recent SCOTUS decisions. Is this fact or opinion? If it's fact, do you have a cite?

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Bikenut said:

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:question:

stainless1911 said:

I have heard that A2 is a civil right, specifically after the recent SCOTUS decisions. Is this fact or opinion? If it's fact, do you have a cite?

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Here's your cite A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

Here's a link to McDonald v Chicago. And an excerpt from the Majority Decision:
Municipal respondents’ remaining arguments are at war with our central holding in Heller: that the Second Amendment protects a personal right to keep and bear arms for lawful purposes, most notably for self-defense within the home.

Here's a link to DC v Heller. And the decision:
Held:
1. The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home.

Thanks, any additional info would be appreciated. If I get evicted for OC, then I intend to sue the park for violating both A1 and A2.

stainless1911 said:

Thanks, any additional info would be appreciated. If I get evicted for OC, then I intend to sue the park for violating both A1 and A2.

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I thought you got the issue with OC resolved with the park?

I asked a friend in OCSD to look into it via email, I haven't gotten a response yet. And Brought it up in the meeting with state rep, don't know what they are going to do about it.

I'll probably get kicked out for walking out to my car, mowing the lawn, taking out the trash or something like that. I wanted to know if I could sue them so bad that no park manager, or apartment manager would ever dare try to pull a stunt like this again.

Its an interesting question since you rent the land. I have my opinion since it's also your place of residence, but I have to wonder how the courts would rule on this one.

I don't have a sister.

McDonald incorporated the 2A against the States. It made a few references in the majority opinion that the justices felt that gun-ownership is a fundamental right.

Justice Alito:
"It is clear that the Framers . . . counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty."

There will need to be several more cases to clarify exactly how SCotUS will apply this (especially in terms of scrutiny), so it's not necessarily an absolute.

I do not think that you would be successful suing an apartment using Heller and McDonald as an argument. Mainly because you probably signed a contract that gave up certain rights.

edit: forgot source: http://cssrc.us/publications.aspx?id=8686&AspxAutoDetectCookieSupport=1

This was a memo stuck on my door, I didn't sign anything.

They can regulate illegal activity, such as prostitution, or drug activity, but not things that are legal, and definitely not civil rights. They can't tell a jewish person they can't wear their hat, or a muslim they can't cover their wives face, and they can't tell a mexican that they can't speak spanish, so also they can't tell me I can't carry on my own property and in my trailer.

stainless1911 said:

They can regulate illegal activity, such as prostitution, or drug activity, but not things that are legal, and definitely not civil rights. They can't tell a jewish person they can't wear their hat, or a muslim they can't cover their wives face, and they can't tell a mexican that they can't speak spanish, so also they can't tell me I can't carry on my own property and in my trailer.

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Landlords often have restrictions regarding people's pets; pets are legal, so there goes your first argument. The second, that they can't regulate civil rights may be true, but have you adequately defined "civil right"? It is a 'right', but I think 'civil rights' must be adequately defined; the 'civil' definitely denotes something specific.

"Civil Rights" vs. "Civil Liberties"
It is important to note the difference between "civil rights" and "civil liberties." The legal area known as "civil rights" has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing. "Civil liberties" concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers. Civil liberties include:

Freedom of speech
The right to privacy
The right to be free from unreasonable searches of your home
The right to a fair court trial
The right to marry
The right to vote
I would think that, post McDonald, the right to "bear arms" would now apply here
-http://public.findlaw.com/civil-rights/civil-rights-basics/civil-rights-vs-liberties.html

I wish we had the following law in Michigan. As I understand it, this law not only prohibits a landlord of a "dwelling" from banning firearms, it also affects places like the Mall of America, as they can't ban firearms... but individual stores can.

Minnesota Statute 624.714Subd. 17(e)A landlord may not restrict the lawful carry or possession of firearms by tenants or their guests.

-http://public.findlaw.com/civil-rights/civil-rights-basics/civil-rights-vs-liberties.html

When I tried this, it "did not match any documents"

DrTodd said:

Landlords often have restrictions regarding people's pets; pets are legal, so there goes your first argument.

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There is no constitutional amendment to own a pet.

stainless1911 said:

-http://public.findlaw.com/civil-rights/civil-rights-basics/civil-rights-vs-liberties.html

When I tried this, it "did not match any documents"

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Take the dash off from the beginning...it was denoting that it's a quote.

What about the free speech part of OC?

And what about those who don't have a CPL? If they don't have a car (like me many times) then they can't carry the gun off the park property to use their RKBA.

I'll go check the link.

I think that normally when we consider what are civil rights and lawsuits concerning those most people mean the one spelled out in law such as age, sex, race, religion, national-origion, and disibilities added later. You then follow-up with the second category of those spelled out in the Constitution. So to say that A2 is a civil right is to put it into the context that you are refering as there is nothing in law that spells it out, rather it is in the Constitution. The recent SCOTUS rulings have defined somewhat how A2 applies but it is not the universal right or civil right that we are hoping for or as some believe.

Just remember that the interpretation of A2 is not universal yet and to prove your interpretation may be a long, hard, expensive road.

stainless1911 said:

I have heard that A2 is a civil right, specifically after the recent SCOTUS decisions. Is this fact or opinion? If it's fact, do you have a cite?

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Right to keep and bear arms

A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
http://www.ratical.org/co-globalize/BillOfRights.html#2

stainless1911 said:

This was a memo stuck on my door, I didn't sign anything.

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I didn't get a decoder ring with my starter kit when I signed up on this forum, so bear with me while I try to connect the dots here. You live in a trailer park. You did not sign a contract, rental agreement, no document detailing what you would be provided in exchange for your money? The establishment of your legal residence is based on a "memo stuck on your door"?
Are you the primary renter of this trailer, or are you a "sub-renter", with accountability to the primary renter?

Here is where the absence of the decoder ring makes comprehension real sticky: I can't tell what was written on the note.

The other members lucky enough to have received the decoder ring are probably keeping up just fine with your plight, but without that ring, I can't tell what the note says.

Would you, please, post who posted the memo, when, what it said? [the memo]

Do you have any idea what may have prompted a memo being stuck on your door? Like an incident with a neighbor or with trailer park staff? No accidental discharges at the mailbox or armed standoffs on the playground? Has alcohol been a related factor in any incident that may have prompted a "memo" on your door?