Thursday, May 24, 2012

What about the homeless and 2A rights

In DC v. Heller, 554 U.S. 570 (2008), the Court ruled that the Second Amendment protects an individual's right to possess a firearm, unconnected to service in a militia and for traditionally lawful purposes, such as self-defense within the home. In McDonald v. Chicago, 561 U.S. 3025 (2010), the Court ruled that the protections of the Second Amendment also apply to the states.

What about the homeless?

While many states allow for the unregulated open carrying of firearms, some states require that you have a permit to open carry or conceal carry. Some states allow for unregulated carrying of a firearm within your vehicle while some others prohibit or severely restrict the carrying of firearm within the vehicle. Some jurisdictions require that you register your firearm and pay for registration of that firearm. My question is, what about the homeless? If a homeless person doesn't have an address, how does he register a firearm? Suppose a homeless person has some type of method of moving his belonging from one place to another, such as a shopping cart or baby carriage, how does that homeless person transport his firearm in a legal manner?

I'm familiar with several state laws that protect the homeless with regards to their abode. If you live in a tent, that tent is considered your domicile. Some states consider any vehicle an extension of your domicile and is treated the same as your home. But again, what about the homeless?

Two examples would be DC and Chicago. Both jurisdictions require that you obtain a registration, pay a licencing fee and have an address, but that would be outside of the capabilities of a person without a job or a permanent home.

I know some will be asking "why does a homeless person have a firearm"? The same reason he has a pen and paper and a voice dumbass, that's why. Maybe that's the only thing he has left from his father's estate, but it doesn't matter. Owning and bearing of arms is an individual right, protected by the Constitution and affirmed by the Supreme Court.

Serious question, how does a homeless person, without means, comply with the restrictive gun control laws, especially in jurisdictions that require the payment of fees and an address to exercise the right protected by the Second Amendment the to United States Constitution?

All other rights protected by the Bill of Rights are protected without the need for a job or a home. Could you imagine having to have a registration card so that you don't have to testify against yourself? Would SCOTUS allow the government to seize your property without first having to pay a fee to be free from unreasonable seizures? Would it be permissible to beat a homeless person simply because he doesn't possess an Eighth Amendment Registration Card?

Does a homeless person not deserve to be able to protect himself simply because he can't afford to own or rent a home?

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