08-02-2018, 01:33 AM
Montana's post #13, introduced the no-fly list... I was just commenting off of that - ie, imo, it is not a right so it's hard to justify being unconstitutional. Deprivation of a "Bill of Rights" right ("enumerated right") without due process, however, is unconstitutional.
If the right to fly is a right, then I would stand corrected. Hearing crickets, however, I'll keep my statement but only intended in contrast to deprivation of a 2A right...
5th Amdt: "... nor be deprived of life, liberty, or property, without due process of law;" States must also adhere to this as per the 14th. So deprivation of a 2A right is serious.
Googling "due process" comes up with a few explanations which illustrate what I was trying to say.
Picking a seemingly decent one at random... https://www.legalmatch.com/law-library/a...ocess.html
"Due Process is a Constitutional right that comes from the 5th and 14th amendments. The 5th Amendment Due Process Clause applies to the federal government while the 14th Amendment applies to state and local government. The 14th amendment states that no state can "deprive any person of their life, liberty, or property without due process of law". This means that the state cannot deprive you of your basic rights without first allowing you proper legal proceedings such as a trial."
As part of Due Process, "...At least a notice and adequate hearing must be used before any property interest that a person is entitled to is deprived." The Due Process part of the 5th is applied more strenuously, the more fundamental (or "enumerated") the right in question is. Thus, if the Florida law allows forfeiture of 2A (or even 1A) rights without such basics as notice of hearing and the opportunity of the defendant to respond or contest in court, it could well be found unconstitutional, no matter how noble the cause may seem.
Again, not a lawyer and not an expert...
If the right to fly is a right, then I would stand corrected. Hearing crickets, however, I'll keep my statement but only intended in contrast to deprivation of a 2A right...
5th Amdt: "... nor be deprived of life, liberty, or property, without due process of law;" States must also adhere to this as per the 14th. So deprivation of a 2A right is serious.
Googling "due process" comes up with a few explanations which illustrate what I was trying to say.
Picking a seemingly decent one at random... https://www.legalmatch.com/law-library/a...ocess.html
"Due Process is a Constitutional right that comes from the 5th and 14th amendments. The 5th Amendment Due Process Clause applies to the federal government while the 14th Amendment applies to state and local government. The 14th amendment states that no state can "deprive any person of their life, liberty, or property without due process of law". This means that the state cannot deprive you of your basic rights without first allowing you proper legal proceedings such as a trial."
As part of Due Process, "...At least a notice and adequate hearing must be used before any property interest that a person is entitled to is deprived." The Due Process part of the 5th is applied more strenuously, the more fundamental (or "enumerated") the right in question is. Thus, if the Florida law allows forfeiture of 2A (or even 1A) rights without such basics as notice of hearing and the opportunity of the defendant to respond or contest in court, it could well be found unconstitutional, no matter how noble the cause may seem.
Again, not a lawyer and not an expert...
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