With all this talk of registration....11-47-41

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Re: With all this talk of registration....11-47-41

Postby n1bsbri » Thu Mar 07, 2013 2:31 pm

It's clear that the legislature has the power (and duty it might be argued) to amend existing laws. What they don't have the power to do is amend this:

Article I - Section 22. Right to bear arms. -- The right of the people to keep and bear arms shall not be infringed.

The Rhode Island Constitution can only be amended by a majority vote in a general election. The hard part has become determining what is an infringement? In Heller, the majority laid out what it considered to be acceptable limits on the 2nd amendment of the US Constitution:

(2) Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Pp. 54–56.

This is problematic to say the least, and this will be argued for many years to come.
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Re: With all this talk of registration....11-47-41

Postby CommTech » Fri Mar 08, 2013 1:36 am

A little off-topic, but here's the simple version of how laws are passed (and certainly how I learned)

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