+1. Judge Nap should put you in his footnotes.Smitty-48 wrote:There's literally no legislative defense against this threat, if you're serious about defending against this threat, it would have to be an operational defense, so for the Las Vegas scenario, if you told the Secret Service to defend against that threat, and they couldn't clear the entire Mandalay Bay, then they have to go to counter-sniper drill, acoustic small arms fire detector direction finders, and their own snipers posted in overwatch, and everybody who goes into the arena, can be offered a ballistic helmet and vest with inserts. If not, then there's no countermeasure.
Like, if Donald Trump had been the show there? The guy would have been dead within twenty seconds of opening fire. Well, actually, as soon as he broke the window with the hammer, blam, dead, right there, so, wouldn't even get a chance to open fire if he had to break glass.
Can the Government Keep Us Safe?
When the Supreme Court interpreted this right in 2008 and 2010, it referred to the right to keep and bear arms as pre-political. “Pre-political” means that the right pre-existed the government. It is a secular term for a fundamental, or natural, right. A natural right is one that stems from our humanity — such as freedom of thought, speech, religion, self-defense, privacy, travel, etc. It does not come from the government, and it exists in the absence of government.
The recognition of a right as fundamental or natural or pre-political is not a mere academic exercise. This is so because rights in this category cannot be abrogated by the popular will. Stated differently, just as your right to think as you wish and say what you think cannot be interfered with or taken away in America by legislation, so, too, your right to own, carry and use arms of the same sophistication as are generally available to bad guys and to government officials cannot be interfered with or taken away by legislation. That is at least the modern theory of the Second Amendment.
. . .
Surely, if the president of the United States were to have appeared at the concert venue in Las Vegas to address the crowd, the Las Vegas killer would never have succeeded in bringing his arsenal to his hotel room. Government always protects its own. Shouldn’t landowners who invite the public to their properties do the same?