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re: which OBer open carrying in walmart scaried a customer
Posted on 2/17/14 at 9:03 am to bulldog95
Posted on 2/17/14 at 9:03 am to bulldog95
It's idiots like that that will ruin it for everyone else.
People think that just because they have a right to do something, which is protected in the Bill of Rights, that there can't be restrictions placed on that right.
But eventually similar restriction on our 1st Amendment right will be placed on our Second Amendment right.
TIME PLACE MANNER RESTRICTIONS
Limits that government can impose on the occasion, location, and type of individual expression in some circumstances.
The First Amendment to the U.S. Constitution guarantees Freedom of Speech. This guarantee generally safeguards the right of individuals to express themselves without governmental restraint. Nevertheless, the Free Speech Clause of the First Amendment is not absolute. It has never been interpreted to guarantee all forms of speech without any restraint whatsoever. Instead, the U.S. Supreme Court has repeatedly ruled that state and federal governments may place reasonable restrictions on the time, place, and manner of individual expression. Time, place, and manner (TPM) restrictions accommodate public convenience and promote order by regulating traffic flow, preserving property interests, conserving the environment, and protecting the administration of justice.
There is a reason that you cannot yell "fire!" in a crowded place - it makes people severely uncomfortable and could induce panic. Similarly, I can see where the court may decide that walking through a crowded retail establishment open carrying an AR-15 would make people severely uncomfortable and could induce panic.
People think that just because they have a right to do something, which is protected in the Bill of Rights, that there can't be restrictions placed on that right.
But eventually similar restriction on our 1st Amendment right will be placed on our Second Amendment right.
TIME PLACE MANNER RESTRICTIONS
Limits that government can impose on the occasion, location, and type of individual expression in some circumstances.
The First Amendment to the U.S. Constitution guarantees Freedom of Speech. This guarantee generally safeguards the right of individuals to express themselves without governmental restraint. Nevertheless, the Free Speech Clause of the First Amendment is not absolute. It has never been interpreted to guarantee all forms of speech without any restraint whatsoever. Instead, the U.S. Supreme Court has repeatedly ruled that state and federal governments may place reasonable restrictions on the time, place, and manner of individual expression. Time, place, and manner (TPM) restrictions accommodate public convenience and promote order by regulating traffic flow, preserving property interests, conserving the environment, and protecting the administration of justice.
There is a reason that you cannot yell "fire!" in a crowded place - it makes people severely uncomfortable and could induce panic. Similarly, I can see where the court may decide that walking through a crowded retail establishment open carrying an AR-15 would make people severely uncomfortable and could induce panic.
Posted on 2/17/14 at 9:24 am to WildTchoupitoulas
quote:
walking through a crowded retail establishment
Private business can make that a non issue as they have the right to not let firearms on premises, just like you at your home.
Fact is, OC should be legal as it always has been. Of course that goes with being a normal person. I personally dont OC, I CC. But I will fight to keep thing free.
Posted on 2/17/14 at 4:50 pm to WildTchoupitoulas
quote:
It's idiots like that that will ruin it for everyone else.
People think that just because they have a right to do something, which is protected in the Bill of Rights, that there can't be restrictions placed on that right.
But eventually similar restriction on our 1st Amendment right will be placed on our Second Amendment right.
TIME PLACE MANNER RESTRICTIONS
Limits that government can impose on the occasion, location, and type of individual expression in some circumstances.
The First Amendment to the U.S. Constitution guarantees Freedom of Speech. This guarantee generally safeguards the right of individuals to express themselves without governmental restraint. Nevertheless, the Free Speech Clause of the First Amendment is not absolute. It has never been interpreted to guarantee all forms of speech without any restraint whatsoever. Instead, the U.S. Supreme Court has repeatedly ruled that state and federal governments may place reasonable restrictions on the time, place, and manner of individual expression. Time, place, and manner (TPM) restrictions accommodate public convenience and promote order by regulating traffic flow, preserving property interests, conserving the environment, and protecting the administration of justice.
There is a reason that you cannot yell "fire!" in a crowded place - it makes people severely uncomfortable and could induce panic. Similarly, I can see where the court may decide that walking through a crowded retail establishment open carrying an AR-15 would make people severely uncomfortable and could induce panic.
This mature and measured response is not supported by the prepper nation and radical gun idiots of which there are a few in this thread.
But, the more the idiots exercise their right (to carry their AR15's in public places) the more govt. will eventually put restrictions on those rights, and we will have the rambo gun idiots to thank. What will they do then ... Go yell fire in a crowded theater holding their copy of the constitution.
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