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Hunting... a right or a privilege #696942
10/02/13 05:03 AM
10/02/13 05:03 AM
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Booner
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Do you consider hunting to be a right that was granted by our Creator, or a privilege that is granted by agents of our state government?

Re: Hunting... a right or a privilege [Re: 49er] #696973
10/02/13 05:24 AM
10/02/13 05:24 AM
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Holly Pond, AL
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I may be off base with my beliefs but I believe that hunting for sustenance is a right but hunting for sport is a privilege.

The vast majority are not hunting for pure sustenance reasons. I do believe it has evolved.

I do believe it was a right given by God but you have seen where many of those have been changed by law whether we like it or not. Man has intervened in many of our God given rights these days (just like healthcare, it is not a right it is a privilege). If you hunt for sustenance, I have no issue with you hunting anytime in any manner but those days and people are few and far between. We may see them again soon though.

Re: Hunting... a right or a privilege [Re: 49er] #697092
10/02/13 06:38 AM
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Remington270 Offline
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It is a right. By any other definition it will be a thing of the past.

Re: Hunting... a right or a privilege [Re: 49er] #697133
10/02/13 07:07 AM
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I believe it is a right if you are hunting on your own property as well as doing it to put food on the table for your family.

Re: Hunting... a right or a privilege [Re: 49er] #697162
10/02/13 07:26 AM
10/02/13 07:26 AM
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A right .... Assuming a person has access to land.

Either way, responsibility comes with both rights and privilege. Some people miss that.

Re: Hunting... a right or a privilege [Re: 49er] #697199
10/02/13 07:45 AM
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Holly Pond, AL
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Just following up here guys...

Is it your right to drive three states away and purchase a license and hunt in a state in which you are not a resident of, or is it a privilege?

To me this is apples to apples to some it may not be. Just a thought...

Re: Hunting... a right or a privilege [Re: NightHunter] #697221
10/02/13 07:56 AM
10/02/13 07:56 AM
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Remington270 Offline
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Originally Posted By: NightHunter
Just following up here guys...

Is it your right to drive three states away and purchase a license and hunt in a state in which you are not a resident of, or is it a privilege?

To me this is apples to apples to some it may not be. Just a thought...


As long as you're a US citizen and there is a huntable population, I think so.

Re: Hunting... a right or a privilege [Re: Sobermind] #697263
10/02/13 08:27 AM
10/02/13 08:27 AM
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Originally Posted By: Sobermind
I believe it is a right if you are hunting on your own property as well as doing it to put food on the table for your family.

Good answer. Heard somewhere last week you have the right do anything you want to on your own property.



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Hunting... a right or a privilege [Re: NightHunter] #697271
10/02/13 08:31 AM
10/02/13 08:31 AM
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Originally Posted By: NightHunter
I may be off base with my beliefs but I believe that hunting for sustenance is a right but hunting for sport is a privilege.

The vast majority are not hunting for pure sustenance reasons. I do believe it has evolved.

I do believe it was a right given by God but you have seen where many of those have been changed by law whether we like it or not. Man has intervened in many of our God given rights these days (just like healthcare, it is not a right it is a privilege). If you hunt for sustenance, I have no issue with you hunting anytime in any manner but those days and people are few and far between. We may see them again soon though.
Very well put!! thumbupthumbup

Re: Hunting... a right or a privilege [Re: 49er] #697365
10/02/13 09:30 AM
10/02/13 09:30 AM
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Round ‘bout there
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Why would a right be restricted to your private land?

Does your Second Amendment right diminish once you depart your private land? Or drive three states away to visit your sister's family? Or drive 28 hours to hunt pheasant or deer or go fishing or be on vacation?


"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: Hunting... a right or a privilege [Re: NightHunter] #697408
10/02/13 09:45 AM
10/02/13 09:45 AM
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Warrior River Country
49er Offline OP
Booner
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Originally Posted By: NightHunter
Just following up here guys...

Is it your right to drive three states away and purchase a license and hunt in a state in which you are not a resident of, or is it a privilege?

To me this is apples to apples to some it may not be. Just a thought...


Are you talking about for food or for sport.

You said earlier you thought there was a difference.

Re: Hunting... a right or a privilege [Re: 49er] #697413
10/02/13 09:47 AM
10/02/13 09:47 AM
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Holly Pond, AL
NightHunter Offline
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Originally Posted By: 49er
Originally Posted By: NightHunter
Just following up here guys...

Is it your right to drive three states away and purchase a license and hunt in a state in which you are not a resident of, or is it a privilege?

To me this is apples to apples to some it may not be. Just a thought...


Are you talking about for food or for sport.

You said earlier you thought there was a difference.


If you are driving three states away to hunt, I'm pretty sure it is not for need of food... You could buy a lot of food with that much gas.

I'm curious if others think it matters if you stay in your resident state or not.

Last edited by NightHunter; 10/02/13 09:48 AM.
Re: Hunting... a right or a privilege [Re: NightHunter] #697416
10/02/13 09:50 AM
10/02/13 09:50 AM
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Booner
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Under your assumption, who determines the difference in hunting for food and hunting for sport?


Some states recognize hunting as a right, some do not.

Re: Hunting... a right or a privilege [Re: 49er] #697437
10/02/13 10:00 AM
10/02/13 10:00 AM
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Sobermind Offline
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Does Alabama?
Originally Posted By: 49er
Under your assumption, who determines the difference in hunting for food and hunting for sport?


Some states recognize hunting as a right, some do not.

Re: Hunting... a right or a privilege [Re: Sobermind] #697439
10/02/13 10:01 AM
10/02/13 10:01 AM
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Originally Posted By: Sobermind
Does Alabama?
Originally Posted By: 49er
Under your assumption, who determines the difference in hunting for food and hunting for sport?


Some states recognize hunting as a right, some do not.

Yes


Life is too short to be small !!

http://crshuntingclub.webs.com/
Re: Hunting... a right or a privilege [Re: 49er] #697451
10/02/13 10:06 AM
10/02/13 10:06 AM
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Posts: 6,999
Holly Pond, AL
NightHunter Offline
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Originally Posted By: 49er
Under your assumption, who determines the difference in hunting for food and hunting for sport?


Some states recognize hunting as a right, some do not.


I do not have the answer to that question but I would assume if it were proven that you purchase the majority of your meat and other food and then try to say that you hunt for sustenance you would be caught.

Folks that live off the beaten path and actually try to live off the land get a pass in my opinion but to just say I hunt for food just so you can hunt whenever you want would not be right in my book, especially if there were still regulated seasons and bag limits.

I would be fine with those who hunted for sustenance being able to provide for themselves outside of those regulations.

Re: Hunting... a right or a privilege [Re: 49er] #697458
10/02/13 10:16 AM
10/02/13 10:16 AM
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Warrior River Country
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Booner
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I ran across some interesting language awhile back while reading US Supreme Court case law in reference to our right to bear arms. There is a strong indication that bearing arms to hunt is protected by the Second Amendment to our US Constitution.

I don't believe any of us would argue that bearing arms for defense is not a right.

Like the right to bear arms, the right to hunt is treated differently from state to state. It is yet to be seen if current infringements on our rights are constitutional. As the Supreme Court said in Heller, it has not yet been given the opportunity to decide on the constitutionality of those infringements in most cases.

Here are some excerpts I saved. I have added emphasis to the references to hunting for your convienience:





[font:Courier New]District of Columbia v. Heller, 128 S. Ct. 2783 - Supreme Court 2008


… In interpreting this text, we are guided by the principle that “[t]he Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning.” United States v. Sprague, 282 U. S. 716, 731 (1931); see also Gibbons v. Ogden, 9 Wheat. 1, 188 (1824). Normal meaning may of course include an idiomatic meaning, but it excludes secret or technical meanings that would not have been known to ordinary citizens in the founding generation.

… If “bear arms” means, as we think, simply the carrying of arms, a modifier can limit the purpose of the carriage (“for the purpose of self-defense” or “to make war against the King”). But if “bear arms” means, as the petitioners and the dissent think, the carrying of arms only for military purposes, one simply cannot add for the purpose of killing game.The right “to carry arms in the militia for the purpose of killing game” is worthy of the mad hatter. Thus, these purposive qualifying phrases positively establish that “to bear arms” is not limited to military use.

… it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876), “[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second amendment declares that it shall not be infringed . . . .”


… It is therefore entirely sensible that the Second Amendment’s prefatory clause announces the purpose for which the right was codified: to prevent elimination of the militia. The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting. But the threat that the new Federal Government would destroy the citizens’ militia by taking away their arms was the reason that right—unlike some other English rights—was codified in a written Constitution. …


… B
Our interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed adoption of the Second Amendment. Four States adopted analogues to the Federal Second Amendment in the period between independence and the ratification of the Bill of Rights. Two of them— Pennsylvania and Vermont—clearly adopted individual rights unconnected to militia service. Pennsylvania’s Declaration of Rights of 1776 said: “That the people have a right to bear arms for the defence of themselves, and the state . . . .” §XIII, in 5 Thorpe 3082, 3083 (emphasis added). In 1777, Vermont adopted the identical provision, except for inconsequential differences in punctuation and capitalization. See Vt. Const., ch. 1, §15, in 6 id., at 3741.


… Another three States—Mississippi, Connecticut, and Alabama—used the even more individualistic phrasing that each citizen has the “right to bear arms in defence of himself and the State.” See ibid.


… That of the nine state constitutional protections for the right to bear arms enacted immediately after 1789 at least seven unequivocally protected an individual citizen’s right to self-defense is strong evidence that that is how the founding generation conceived of the right. And with one possible exception that we discuss in Part II–D–2, 19th-century courts and commentators interpreted these state constitutional provisions to protect an individual right to use arms for self-defense. See n. 9, supra; Simpson v. State, 5 Yer. 356, 360 (Tenn. 1833).

… St. George Tucker’s version of Blackstone’s Commentaries, as we explained above, conceived of the Blackstonian arms right as necessary for self-defense. He equated that right, absent the religious and class-based restrictions, with the Second Amendment. See 2 Tucker’s Blackstone 143. In Note D, entitled, “View of the Constitution of the United States,” Tucker elaborated on the Second Amendment: “This may be considered as the true palladium of liberty . . . . The right to self-defence is the first law of nature: in most governments it has been the study of rulers to confine the right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” 1 id., at App. 300 (ellipsis in original). He believed that the English game laws had abridged the right by prohibiting “keeping a gun or other engine for the destruction of game.” Ibid; see also 2 id., at 143, and nn. 40 and 41. He later grouped the right with some of the individual rights included in the First Amendment and said that if “a law be passed by congress, prohibiting” any of those rights, it would “be the province of the judiciary to pronounce whether any such act were constitutional, or not; and if not, to acquit the accused . . . .” 1 id., at App. 357. It is unlikely that Tucker was referring to a person’s being “accused” of violating a law making it a crime to bear arms in a state militia.19

… In his famous Senate speech about the 1856 “Bleeding Kansas” conflict, Charles Sumner proclaimed:
The rifle has ever been the companion of the pioneer and, under God, his tutelary protector against the red man and the beast of the forest. Never was this efficient weapon more needed in just self-defence, than now in Kansas, and at least one article in our National Constitution must be blotted out, before the complete right to it can in any way be impeached. And yet such is the madness of the hour, that, in defiance of the solemn guarantee, embodied in the Amendments to the Constitution, that ‘the right of the people to keep and bear arms shall not be infringed,’

The freedmen of South Carolina have shown by their peaceful and orderly conduct that they can safely be trusted with fire-arms, and they need them to kill game for subsistence, and to protect their crops from destruction by birds and animals.” Joint Comm. on Reconstruction, H. R. Rep. No. 30, 39th Cong., 1st Sess., pt. 2, p. 229 (1866) (Proposed Circular of Brigadier General R. Saxton).

… The understanding that the Second Amendment gave freed blacks the right to keep and bear arms was reflected in congressional discussion of the bill, with even an opponent of it saying that the founding generation “were for every man bearing his arms about him and keeping them in his house, his castle, for his own defense.” Cong. Globe,39th Cong., 1st Sess., 362, 371 (1866) (Sen. Davis).

… United States v. Cruikshank, 92 U. S. 542, in the course of vacating the convictions of members of a white mob for depriving blacks of their right to keep and bear arms, held that the Second Amendment does not by its own force apply to anyone other than the Federal Government. The opinion explained that the right “is not a right granted by the Constitution [or] in any manner dependent upon that instrument for its existence. The second amendment . . . means no more than that it shall not be infringed by Congress.” 92 U. S., at 553. States, we said, were free to restrict or protect the right under their police powers. The limited discussion of the Second Amendment in Cruik¬shank supports, if anything, the individual-rights interpretation. There was no claim in Cruikshank that the victims had been deprived of their right to carry arms in a militia; indeed, the Governor had disbanded the local militia unit the year before the mob’s attack, see C. Lane, The Day Freedom Died 62 (2008). We described the right protected by the Second Amendment as “‘bearing arms for a lawful purpose’”22 and said that “the people [must] look for their protection against any violation by their fellow-citizens of the rights it recognizes” to the States’ police power. 92 U. S., at 553. That discussion makes little sense if it is only a right to bear arms in a state militia.23

… We conclude that nothing in our precedents forecloses our adoption of the original understanding of the Second Amendment. It should be unsurprising that such a significant matter has been for so long judicially unresolved. For most of our history, the Bill of Rights was not thought applicable to the States, and the Federal Government did not significantly regulate the possession of firearms bylaw-abiding citizens. Other provisions of the Bill of Rights have similarly remained unilluminated for lengthy periods. This Court first held a law to violate the First Amendment’s guarantee of freedom of speech in 1931,almost 150 years after the Amendment was ratified, see Near v. Minnesota ex rel. Olson, 283 U. S. 697 (1931), and it was not until after World War II that we held a law invalid under the Establishment Clause, see Illinois ex rel. McCollum v. Board of Ed. of School Dist. No. 71, Cham¬paign Cty., 333 U. S. 203 (1948). Even a question as basic as the scope of proscribable libel was not addressed by this Court until 1964, nearly two centuries after the founding. See New York Times Co. v. Sullivan, 376 U. S. 254 (1964). It is demonstrably not true that, as JUSTICE STEVENS claims, post, at 41–42, “for most of our history, the invalidity of Second-Amendment-based objections to firearms regulations has been well settled and uncontroversial.” For most of our history the question did not present itself.

IV
We turn finally to the law at issue here. As we have said, the law totally bans handgun possession in the home. It also requires that any lawful firearm in the home be disassembled or bound by a trigger lock at all times, rendering it inoperable. As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban amounts to a prohibition of an entire class of “arms” that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self,
family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights,27 banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” 478 F. 3d, at 400, would fail constitutional muster.


… It is no answer to say, as petitioners do, that it is permissible to ban the possession of handguns so long as the possession of other firearms (i.e., long guns) is allowed. It is enough to note, as we have observed, that the American people have considered the handgun to be the quintessential self-defense weapon. There are many reasons that a citizen may prefer a handgun for home defense: It is easier to store in a location that is readily accessible in an emergency; it cannot easily be redirected or wrestled away by an attacker; it is easier to use for those without the upper-body strength to lift and aim a long gun; it can be pointed at a burglar with one hand while the other hand dials the police. Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.

We must also address the District’s requirement (as applied to respondent’s handgun) that firearms in the home be rendered and kept inoperable at all times. This makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional. The District argues that we should interpret this element of the statute to contain an exception for self-defense. See Brief for Petitioners 56–57. But we think that is precluded by the unequivocal text, and by the presence of certain other enumerated exceptions: “Except for law enforcement personnel . . . , each registrant shall keep any firearm in his possession unloaded and disassembled or bound by a trigger lock or similar device unless such firearm is kept at his place of business, or while being used for lawful recreational purposes within the District of Columbia.” D. C. Code §7–2507.02. The nonexistence of a self-defense exception is also suggested by the D. C. Court of Appeals’ statement that the statute forbids residents to use firearms to stop intruders, see McIntosh v. Washington, 395 A. 2d 744, 755–756 (1978).28

Apart from his challenge to the handgun ban and the trigger-lock requirement respondent asked the District Court to enjoin petitioners from enforcing the separate licensing requirement “in such a manner as to forbid the carrying of a firearm within one’s home or possessed land without a license.” App. 59a. The Court of Appeals did not invalidate the licensing requirement, but held only that the District “may not prevent [a handgun] from being moved throughout one’s house.” 478 F. 3d, at 400. It then ordered the District Court to enter summary judgment “consistent with [respondent’s] prayer for relief.” Id., at
401. Before this Court petitioners have stated that “if the handgun ban is struck down and respondent registers a handgun, he could obtain a license, assuming he is not otherwise disqualified,” by which they apparently mean if he is not a felon and is not insane. Brief for Petitioners 58. Respondent conceded at oral argument that he does not “have a problem with . . . licensing” and that the District’s law is permissible so long as it is “not enforced in an arbitrary and capricious manner.” Tr. of Oral Arg. 74–75.We therefore assume that petitioners’ issuance of a license will satisfy respondent’s prayer for relief and do not address the licensing requirement.


… We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding “interest-balancing” approach. The very enumeration of the right takes out of the hands of government—even the Third Branch of Government—the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all. Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad. We would not apply an “interest-balancing” approach to the prohibition of a peaceful neo-Nazi march through Skokie. See National Socialist Party of America v. Skokie, 432 U. S. 43 (1977) (per curiam).

The First Amendment contains the freedom-of-speech guarantee that the people ratified, which included exceptions for obscenity, libel, and disclosure of state secrets, but not for the expression of extremely unpopular and wrong-headed views. The Second Amendment is no different. Like the First, it is the very product of an interest-balancing by the people—which JUSTICE BREYER would now conduct for them anew. And whatever else it leaves to future evaluation, it surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.

Re: Hunting... a right or a privilege [Re: 49er] #697493
10/02/13 10:38 AM
10/02/13 10:38 AM
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RMcL Offline
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Indeed the waters of the civil right to bear arms run deep.

Re: Hunting... a right or a privilege [Re: RMcL] #697585
10/02/13 11:35 AM
10/02/13 11:35 AM
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in the corner
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Stob Offline
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in the corner
I can hunt any dang state I please!!!!!

Re: Hunting... a right or a privilege [Re: 49er] #697658
10/02/13 12:31 PM
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A right

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