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Re: Amendment 3 [Re: 59Hunter] #1129794
10/29/14 04:21 PM
10/29/14 04:21 PM
Joined: Oct 2005
Posts: 3,093
McCalla, AL
johnnyreb Offline
10 point
johnnyreb  Offline
10 point
Joined: Oct 2005
Posts: 3,093
McCalla, AL
Originally Posted By: 59Hunter
There is precedent the courts have to follow, but in the most general since: nothing. However, the language in this Amendment doesn't create that opportunity, it already exists. However, if the right is not declared a fundamental right, a lesser standard of review would be applicable, making your hypothetical easier for restrictions to be upheld.


Thank you sir. That helps. I will likely vote for it then.


"We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm."

George Orwell
Re: Amendment 3 [Re: augustus_65] #1129803
10/29/14 04:28 PM
10/29/14 04:28 PM
Joined: Nov 2011
Posts: 21,751
USA
R
Remington270 Online content
Freak of Nature
Remington270  Online Content
Freak of Nature
R
Joined: Nov 2011
Posts: 21,751
USA
Originally Posted By: augustus_65
This is an amendment to the Alabama Constitution. Are you worried that the state is somehow going to be taken over by gun grabbing liberals with majorities in both houses of the legislature and then liberals are going to take over the appellate courts? If so, you might want to pay closer attention to Alabama politics. We are living in a state where the number of guns each candidate for AG owns is a topic of discussion on AL.com.


Wait, but if you're supporting the amendment, that would make YOU the one worried about gun grabbers, right?

Re: Amendment 3 [Re: leroyb] #1129836
10/29/14 04:48 PM
10/29/14 04:48 PM
Joined: Dec 2010
Posts: 16,604
lat 34.09 long -86.13
metalmuncher Offline
Old Mossy Horns
metalmuncher  Offline
Old Mossy Horns
Joined: Dec 2010
Posts: 16,604
lat 34.09 long -86.13
Another NO from me on 3 and 5.

Re: Amendment 3 [Re: 59Hunter] #1129870
10/29/14 05:10 PM
10/29/14 05:10 PM
Joined: Sep 2007
Posts: 6,999
Holly Pond, AL
NightHunter Offline
10 point
NightHunter  Offline
10 point
Joined: Sep 2007
Posts: 6,999
Holly Pond, AL
Originally Posted By: 59Hunter
There is precedent the courts have to follow, but in the most general since: nothing. However, the language in this Amendment doesn't create that opportunity, it already exists. However, if the right is not declared a fundamental right, a lesser standard of review would be applicable, making your hypothetical easier for restrictions to be upheld.


So how has it not been eroded further already. It doesn't really make sense. It looks like if herd was an opening to defeat gun rights it would be happening. Just trying to make sense of this...

Re: Amendment 3 [Re: leroyb] #1129891
10/29/14 05:30 PM
10/29/14 05:30 PM
Joined: Nov 2013
Posts: 921
'Possum Trot
5
59Hunter Offline
6 point
59Hunter  Offline
6 point
5
Joined: Nov 2013
Posts: 921
'Possum Trot
I'm not sure I understand your question. The right is not absolute as it currently exists. For example, state laws prohibiting convicted felons from possessing firearms. That restriction has passed the strict scrutiny standard at the federal level. If a right is not an established fundament right, a rational basis standard is applied, which does not carry a presumption of unconstitutionality and is a very low hurdle for the state to meet.

Re: Amendment 3 [Re: leroyb] #1130024
10/30/14 02:39 AM
10/30/14 02:39 AM
Joined: Jul 2002
Posts: 3,863
Shelby County
BassCat Offline
10 point
BassCat  Offline
10 point
Joined: Jul 2002
Posts: 3,863
Shelby County
VOTE YES!!!


If you claim to be a Christian then why do you act like the devil? You will be known by the fruit you bear!
Re: Amendment 3 [Re: 59Hunter] #1130109
10/30/14 03:54 AM
10/30/14 03:54 AM
Joined: Sep 2007
Posts: 6,999
Holly Pond, AL
NightHunter Offline
10 point
NightHunter  Offline
10 point
Joined: Sep 2007
Posts: 6,999
Holly Pond, AL
Originally Posted By: 59Hunter
I'm not sure I understand your question. The right is not absolute as it currently exists. For example, state laws prohibiting convicted felons from possessing firearms. That restriction has passed the strict scrutiny standard at the federal level. If a right is not an established fundament right, a rational basis standard is applied, which does not carry a presumption of unconstitutionality and is a very low hurdle for the state to meet.


Maybe this is the better question. Legally speaking, what is the difference in a right and a fundamental right?

And just exactly what does rational basis standard mean?

All these legal terms written in seem to play a large role but us common folk don't know what they mean thumbup

Last edited by NightHunter; 10/30/14 03:54 AM.
Re: Amendment 3 [Re: leroyb] #1130110
10/30/14 03:55 AM
10/30/14 03:55 AM
Joined: May 2011
Posts: 20,017
PDL, Fl
T
timbercruiser Offline
Freak of Nature
timbercruiser  Offline
Freak of Nature
T
Joined: May 2011
Posts: 20,017
PDL, Fl
Sounds like a lot of people don't understand the proposed amendments and the old "vote no cause I don't understand it" will prevail.

Re: Amendment 3 [Re: timbercruiser] #1130698
10/30/14 01:53 PM
10/30/14 01:53 PM
Joined: Aug 2003
Posts: 41,955
UR 6
top cat Offline
Freak of Nature
top cat  Offline
Freak of Nature
Joined: Aug 2003
Posts: 41,955
UR 6
I'm checking one box then headed out. .02


LUCK:::; When presistence, dedication, perspiration and preparation meet up with opportunity!!!
- - - - - - - -A government big enough to give you everything you want, is big enough to take everything you have. Thomas Jeferson - - - - - - - -
Re: Amendment 3 [Re: leroyb] #1130712
10/30/14 02:01 PM
10/30/14 02:01 PM
Joined: Apr 2013
Posts: 4,609
Alabama
R
Rmart30 Offline
10 point
Rmart30  Offline
10 point
R
Joined: Apr 2013
Posts: 4,609
Alabama
This write up on amendment 3 is from the co founder of opencarry.org who is also a lawyer. In it he explains the levels of scrutiny and comments on how they effect things.

http://johnpierceesq.com/?p=897


Ethical behavior is doing the right thing when no one else is watching - even when doing the wrong thing is legal. Aldo Leopold .. (except when it comes to trailer tags)
Re: Amendment 3 [Re: leroyb] #1131234
10/31/14 01:34 AM
10/31/14 01:34 AM
Joined: Nov 2013
Posts: 921
'Possum Trot
5
59Hunter Offline
6 point
59Hunter  Offline
6 point
5
Joined: Nov 2013
Posts: 921
'Possum Trot
^^^^This^^^^.

IMHO, the Amendment does nothing to hurt or weaken gun rights, and can only serve to reduce the probability that any gun control legislation would withstand judicial scrutiny. Now Amendment 2 gives me pause.

Re: Amendment 3 [Re: Rmart30] #1131482
10/31/14 06:03 AM
10/31/14 06:03 AM
Joined: Mar 2013
Posts: 645
Lowndes County
A
augustus_65 Offline
4 point
augustus_65  Offline
4 point
A
Joined: Mar 2013
Posts: 645
Lowndes County
Originally Posted By: Rmart30
This write up on amendment 3 is from the co founder of opencarry.org who is also a lawyer. In it he explains the levels of scrutiny and comments on how they effect things.

http://johnpierceesq.com/?p=897


I think that is a good synopsis. I agree with his interpretation and I would encourage anyone who supports the rights of gun owners to vote yes on the amendment.

Re: Amendment 3 [Re: leroyb] #1131568
10/31/14 07:24 AM
10/31/14 07:24 AM
Joined: Jul 2005
Posts: 19,080
Chelsea, AL
straycat Offline
Old Mossy Horns
straycat  Offline
Old Mossy Horns
Joined: Jul 2005
Posts: 19,080
Chelsea, AL
I've been doing some research as well.

Alabama Policy Institute issued this guide on #3. Read and then make your own informed decision that sits right with you. Voting is nothing to be taken lightly.

http://www.alabamapolicy.org/wp-content/uploads/2014-Amendment-3-GTI.pdf


"The grass withers, the flower fades, But the word of our God stands forever." Isaiah 40:8

"Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt.� Samuel Adams
Re: Amendment 3 [Re: leroyb] #1131576
10/31/14 07:33 AM
10/31/14 07:33 AM
Joined: Sep 2007
Posts: 6,999
Holly Pond, AL
NightHunter Offline
10 point
NightHunter  Offline
10 point
Joined: Sep 2007
Posts: 6,999
Holly Pond, AL
Thanks guys! I have my answers and my vote now thumbup

Last edited by NightHunter; 10/31/14 07:33 AM.
Re: Amendment 3 [Re: leroyb] #1131586
10/31/14 07:43 AM
10/31/14 07:43 AM
Joined: Sep 2004
Posts: 2,223
Cullman/Winston county line
Firefighter Bill Offline
8 point
Firefighter Bill  Offline
8 point
Joined: Sep 2004
Posts: 2,223
Cullman/Winston county line
I don't care what Jones ,Beason or the NRA support. They were for the bill that passed last year which many thought was a good thing. It actually made things worse in some cases. I for one wish I would have never become a life member of NRA. They have thrown us in the river in this and the one last year. I had rather them be forbidden to make any new restrictions that have to meet strict scrutiny to restrict guns. Seems simple to me .....VOTE NO


Lead, follow or get the HELL outa the way!
Re: Amendment 3 [Re: augustus_65] #1131626
10/31/14 08:42 AM
10/31/14 08:42 AM
Joined: Sep 2000
Posts: 4,409
Shelby County
Abram Offline
10 point
Abram  Offline
10 point
Joined: Sep 2000
Posts: 4,409
Shelby County
Originally Posted By: augustus_65
This is an amendment to the Alabama Constitution. Are you worried that the state is somehow going to be taken over by gun grabbing liberals with majorities in both houses of the legislature and then liberals are going to take over the appellate courts? If so, you might want to pay closer attention to Alabama politics. We are living in a state where the number of guns each candidate for AG owns is a topic of discussion on AL.com.


I would have never thought that our Federal Government could be take over by Liberals but it was for a short time and they shove the affordable care act down our throats. If enough liberals move into a state they can change the voting dynamics, wouldn't you agree it is possible?


But who prays for Satan? Who, in eighteen centuries, has had the common humanity to pray for the one sinner that needed it most?

Mark Twain

Re: Amendment 3 [Re: Abram] #1131639
10/31/14 08:50 AM
10/31/14 08:50 AM
Joined: Dec 2002
Posts: 51,938
Over Yonder
C
Clem Offline
Mildly Quirky
Clem  Offline
Mildly Quirky
C
Joined: Dec 2002
Posts: 51,938
Over Yonder
Quote:
If enough liberals move into a state they can change the voting dynamics, wouldn't you agree it is possible?


Yes. It happened in Colorado, and it's happened or will happen in Montana and Wyoming. Likely could in Arizona, too, where more folks from California move each year and along with the Latino population are changing the older conservative stances a wee bit at a time. You still hear about Arpaio and other conservatives there but the libs are picking up areas in Arizona bit by bit. Actually, from Arizona north. It's like an eastern migration of libs.

It's happening in other states, too, and in the Southeast.


"Hunting Politics are stupid!" - Farm Hunter

"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013

"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
Re: Amendment 3 [Re: leroyb] #1135330
11/04/14 02:56 AM
11/04/14 02:56 AM
Joined: Apr 2010
Posts: 3,290
Near the Trussell
BPS Offline
10 point
BPS  Offline
10 point
Joined: Apr 2010
Posts: 3,290
Near the Trussell
.


If your decoy doesnt have holes in it, your not letting him get close enough... J.H.

"Life lessons are almost never found where you think they should be, sometimes they're in the middle of a small, muddy creek in the woods with steep banks"... DeadorAlive
Re: Amendment 3 [Re: leroyb] #1135418
11/04/14 04:14 AM
11/04/14 04:14 AM
Joined: Jul 2001
Posts: 5,425
B'ham
B
Buckscent Offline
12 point
Buckscent  Offline
12 point
B
Joined: Jul 2001
Posts: 5,425
B'ham
NRA is for this Amendment 3 and say to vote yes

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