Private property vs 2nd amandment

alternety

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There is an issue that is way broader (not necessarily more important) than just the right to carry a firearm, but is used to prohibit such carry in narrow areas. It is a two edged issue. The same rights are provided to both private citizens and the idiotically "judged to be a person" corporations (Attention - Supreme court. What were you thinking?).

Should an individual or corporation be permitted to nullify the provisions of the constitution on their own property? It would seem to me that the rights of the many (US Constitution) supersedes the wish of an individual (person or Corp. owning/controlling property) to deny this right. But we allow (actually generally provide this as lawful through various legislation and rules) said "individual" that a property owner may suspend the rest of the citizens of the USA's right, under the 2nd amendment, to protect themselves by carrying a legally possessed firearm. This really seems to me to be a serious conflict between civil law and the Constitution. But I have not really seen any significant discussion of this point. The issues generally are treated as "a property/homeowner can make their own rules" with the implication that it is OK for them to nullify the Constitution. Please don't flood this post with rabid defenses of every property owners right to do damn near anything they want as an unassailable right regardless of the harm to others rights they probably also support.

Generally speaking, the property owner can not violate civil law with impunity simply because they have decided they don't like some particular law. The Constitutional right to self defense should not (and, in my mind, must not) be arbitrarily revocable by anyone with enough money to buy some land. Or, in many instances, just come up with enough to rent something. The belief of a homeowner/property owner/renter is not sufficient reason to override the 2nd amendment or any other Constitutional guarantees. There are a whole lot of laws that prevent other Constitutional rights from being disregarded by private citizens and corporations; but this one just seems to fall through the cracks.

We are rightfully concerned about the government nullifying our rights, but we actually support an individual (Corp.) doing it. Now we generally treat the nasty corporations (fast food stores, big box stores, theaters, etc.) differently than the good corporate entities (+ schools, churches, Sports teams, etc.). But it is really all the same. If you want to sign up for ******* (for *** substitute google, a bank account, facebook, credit card, a retail sale, paypal, ebay, cable TV, mobile phones, ad naseum). To make use of these services you are forced to relinquish many personal rights. Privacy, legal recourse when they screw you (e.g., mandatory arbitration [with their arbitrator]), non-disclosures about actual resolutions, bribery and threats at all levels, the unstoppable machine with money vs the individual that has been screwed, ID to return an item with a receipt. It just goes on. We are abrogating out rights and legal system to a small number of individuals (or pseudo-individuals) who have the money (power) to simply squash any push back. A simple legal argument can destroy an individual financially, hence no legal recourse is available. We have a country that is run by corrupt officials and persons or corporations that simply have enough money to suppress any push-back. And we allow it! Our legal system is owned by lawyers and rich entities. It no longer really serves the populace. Money always wins. Right or wrong. Responses to this issue frequently involve "well, you don't have to deal with ***. Just find another preeminent search engine or bank with a different perspective. Our society has made things like banks, retail stores, and credit cards pretty much a requirement for mainstream existence. We really don't have a lot of choice here.

This is an issue that the NRA and our so-called representatives in government need to address. Instead of working at stopping online ammo sales, taking away guns, etc.

A sample of other random areas that are screwing over the common citizen; patent and copyright laws (high level view) software and business process patents should never ever be allowed, patent trolls should get capital punishment, the motion picture and recording industries draconian response to avoid their need to change business models (involving fictitious and unsupportable numbers about losses from "piracy", ignoring real market data (from rationally credible sources), charging ridiculous amounts of money for a simple technology advance ( e.g., price of VHS vs DVD vs blue ray), hounding end users with just plain insane compensation claims. Same content; vastly different concept. Think about pricing of DVD vs blue ray and the new structure that simply throws in the DVD if you buy blue ray. Only to buy music on an album vs buy what track your want (think cable systems here as well - paying to support 65,000 channels while watching 25 (or less)). They want you to have to pay per view as opposed to just buying a copy. Can we say bull ****? Prohibiting resale of software in violation of the first sale rules. Adding DRM (Digital Rights Management) AKA copy protection that consistently causes grief (i.e., seriously pisses off the legitimate buyers) and causes legitimate purchasers to go to a cracked "pirate" version just so they can use the software like a normal application (pretty much everything digital will be cracked in the first few days after the release, or before). Thus it has been since CPM (you young whipper snappers out there can research this reference). Where does it say that retailers can organize their stores so that it looks good but then assume everyone leaving the store is stealing. What is the law that says they have the right to demand a receipt and check you goods after you hadve just left the check out station. Which is not an isolated area like it should be; but that would spoil the consumer ambiance. How many cases of injury and death does it take before the retailers are forced to use a rationally isolated check-out area rather than this stupid and confrontational practice. Butthey get to make their own rules because it is private property.

There is a whole new sub-government out there, and we are not objecting to it or fixing it. Capitalism has re-evolved feudal rule.
 
-snip-To make use of these services you are forced to relinquish many personal rights.-snip-
There is a misunderstanding contained within that statement that creates the argument of personal rights trumping private property rights because it contains the idea that folks are "entitled" to have those services.

No one is "entitled" to any services... services come with terms and conditions and those who want those services agree to those terms and conditions attached to those services. No one is forcing anyone to buy/use those services and the solution is quite simple... if you don't agree with those terms and conditions then don't use the service.

No one is forced to relinquish any personal rights... people are voluntarily making a decision, all on their own, that whatever service they wish to use is more important than their rights.

Please think about that for a moment. You, all by your self, are deciding that buying a widget... seeing a movie... eating at a restaurant... even that the convenience of buying groceries at a nearby store that bans guns.... is more important than carrying a gun...

... in short... the property owner isn't requiring you to leave your rights behind... YOU are voluntarily leaving your rights behind because...........

No one is forcing you to see a movie, buy a widget, eat at that restaurant, and you could drive a little further and buy your groceries from a store that doesn't ban guns.

The property owner has the right to ban guns... and if you agree to that ban by going into that business.......... no one "forced" you.... YOU AGREED to the ban.

By the way... a property owner who opens a business didn't do that for your benefit... he didn't do that for your convenience... and he didn't lose the right to say who can/who can't come in (yes there are laws about protected classes of people and they are "infringements"!), what can/what can't be done, in that business. He just said that I have widgets and if you want to buy one leave your gun outside. Don't want to leave your gun outside? Well... then... go buy your widget from someone else.
 
If you don't like the way this private property owner does it go find one that does it your way
 
Great reply Bikenut.

I just had to add on that various govt. mandated bans on smoking fly in the face of private property rights. If I want to open a bar that allows smoking patrons will go elsewhere if they don't like it. My employees can find other jobs if they don't like it. I'm not infringing on their rights.

Don't come into my house with a megaphone and exercise your 1st amendment rights.
 
The owning of private property is the very core of our rights. While I strongly disagree with individules and business who ban the carrying of firearms it is their right. It is also MY right to say guns are welcome on my private property and those who disagree with me are NOT welcome. It is also MY right to NOT shop or do business where guns are banned. These days it is sometimes hard NOT to do business with anti-gun business (there are so many of them)but I do try. But as far as private property goes an old saying comes to mind- ' Your right to swing your fist ends where the other persons nose begins'.
 
In your rant against private property you are also ranting against one of the most basic rights of the people. The BOR is not about the rights of one person to another but rather the rights of the people from the government. The best description of this and the rights of private property are summed up in the opening of the fourth amendment -"The right of the people to be secure in their persons, houses, papers, and effects...".

The ownership of property and the rights of the property owners are the basics for our system of government and the BOR is to prevent intrusion on those rights by the government. To do away with copyrights and patents would pretty much end the free market and capitalism that we enjoy and turn us into a socialist state with only the government providing any research and inventiveness. Your idea of eliminating the ability of a property owner to make any restrictions on his property turns it into public property.

What your rant actually proposes is the elimination of the Bill of Rights rather than enforcing them. Read the BOR again as it says what the government cannot do, not what individuals can or cannot do. There is no law against yelling fire in a crowded theater as that is done quite often, probably several times each day. However there is a law against causing panic and riots which is the restriction of free speech. The government cannot stop you from grabbing a megaphone and having a protest assembly in my front yard but I can. If the Westboro Baptist Church folks want to walk around in my front yard with their signs the it is up to me to decide if it is OK, not the government. I can allow them or tell them to hit the road. It is also the rights of my neighbors and friends to never speak to me again for allowing it and possibly even for my boss to fire me. If I want to ban guns from my property then I can. I can also have all of my friends come over and display their guns if I want to. Under certain conditions I can also allow them to shoot all the ammo they want to as long as none of the bullets leave my property.
 
There is a misunderstanding contained within that statement that creates the argument of personal rights trumping private property rights because it contains the idea that folks are "entitled" to have those services.

No one is "entitled" to any services... services come with terms and conditions and those who want those services agree to those terms and conditions attached to those services. No one is forcing anyone to buy/use those services and the solution is quite simple... if you don't agree with those terms and conditions then don't use the service.

No one is forced to relinquish any personal rights... people are voluntarily making a decision, all on their own, that whatever service they wish to use is more important than their rights.

Please think about that for a moment. You, all by your self, are deciding that buying a widget... seeing a movie... eating at a restaurant... even that the convenience of buying groceries at a nearby store that bans guns.... is more important than carrying a gun...

... in short... the property owner isn't requiring you to leave your rights behind... YOU are voluntarily leaving your rights behind because...........

No one is forcing you to see a movie, buy a widget, eat at that restaurant, and you could drive a little further and buy your groceries from a store that doesn't ban guns.

The property owner has the right to ban guns... and if you agree to that ban by going into that business.......... no one "forced" you.... YOU AGREED to the ban.

By the way... a property owner who opens a business didn't do that for your benefit... he didn't do that for your convenience... and he didn't lose the right to say who can/who can't come in (yes there are laws about protected classes of people and they are "infringements"!), what can/what can't be done, in that business. He just said that I have widgets and if you want to buy one leave your gun outside. Don't want to leave your gun outside? Well... then... go buy your widget from someone else.

Don't think I could have put it better!
 
~Snip~

Should an individual or corporation be permitted to nullify the provisions of the constitution on their own property? It would seem to me that the rights of the many (US Constitution) supersedes the wish of an individual (person or Corp. owning/controlling property) to deny this right.

~Snip~

Actually, the U.S. Constitution provides rights to the individual, not to the "many". It protects the "wishes"... or in this case of property, their Natural Rights.
 
A private property owner can't nullify your 2A rights nor can they make you stop carrying a gun. They can simply tell you to leave (or not come on the property in the first place). Failure to do so may result in a trespassing charge against you. The reason why they tell you to leave is immaterial and completely irrelevant. As a matter of fact they don't need a reason at all.

You see, in the end it has absolutely nothing to do with your 2A rights and has everything to do with their right to limit who comes on their property for whatever reason they want.
 

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