Re: takings

2005-08-08 Thread Paul Barnett
Greg Jacobs wrote: [In Texas,] to forbid a non-employee from carrying a concealed handgun onto one's private property one MUST post the statutory sign. As I noted earlier (but was not specific), there are still a handful of private properties where carrying a handgun is prohibited, but no

Re: Takings

2005-08-07 Thread Robert Woolley
On 8/6/05 6:29 PM, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote: If signage exempts the church, I'd be hard put to see a 1st Amendment issue. A religious objection to firearms is conceivable, but I'm hard put to see a religious objection to hanging a sign. Not that plaintiffs couldn't claim one,

RE: Takings

2005-08-06 Thread Guy Smith
PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Lowell C. Savage Sent: Friday, August 05, 2005 10:34 PM To: firearmsregprof@lists.ucla.edu Subject: Re: Takings What grounds does a religious organization have for using the courts to compel the government to prohibit certain activity

Re: Takings

2005-08-06 Thread C. D. Tavares
As the original posted noted, the church has an available remedy simply by posting the specified legal signage, which would eliminate the conflict of rights problem. Would it be a cheap shot to observe that a pacifistic church that must rely on the government to keep its own congregation

Re: Takings

2005-08-06 Thread dthardy
zinging] blast it, not another one! _ -Original Message- From: C. D. Tavares [EMAIL PROTECTED] Sent: Aug 6, 2005 7:17 PM To: firearmsregprof@lists.ucla.edu firearmsregprof@lists.ucla.edu Subject: Re: Takings As the original posted noted, the church has an available remedy simply

Re: Takings

2005-08-06 Thread Jon Roland
Proprietors don't usually post notices prohibiting weapons to be brought onto the property because they are pacifistic. They mainly do it because they are advised by lawyers that they risk being successfully sued if someone uses a weapon unlawfully on the property and they didn't cover

takings

2005-08-06 Thread Robert Woolley
It might help if I post the text of the statute in question in Minnesota (though I'm interested in the question more generally; the same arguments are being made in Oklahoma, as previous noted). 2.27 (c) The owner or operator of a private establishment may 2.28 not prohibit the lawful

Re: Takings

2005-08-06 Thread dthardy
To: [EMAIL PROTECTED], firearmsregprof@lists.ucla.edu Subject: Re: Takings On 8/6/05 6:29 PM, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote: If signage exempts the church, I'd be hard put to see a 1st Amendment issue. A religious objection to firearms is conceivable, but I'm hard put to see

Re: Takings

2005-08-05 Thread Lowell C. Savage
What grounds does a religious organization have for using the courts to compel the government to prohibit certain activity? The MN case, in particular seems entirely outlandish. If a church thinks that guns should not be carried on it's property, then it should be working to convince any

Re: Takings, Vol 21, Issue 1

2005-08-04 Thread Robert Woolley
On 8/4/05 12:07 AM, rufx2 [EMAIL PROTECTED] wrote: rather than a taking issue, it seems instead one of whether the parties' respective liberty interests coexist on either side of the car door. the invitation to the premises in conjunction with transport to the parking lot of employment does

Re: Takings, Vol 21, Issue 1

2005-08-04 Thread Mike Riddle
On Thu, 04 Aug 2005 08:37:18 -0500, Robert Woolley wrote: This particular legislation doesn't cover anything except pistols. Knives, e.g., are not mentioned. But suppose that a radically pacifist religious group *did* want to go so far as to ban possession on its premises of any object (not part

Re: takings

2005-08-03 Thread Paul Barnett
Robert Woolley wrote: The general question I pose to the list is this: What constitutional or general legal principles govern whether, when, and to what degree a state legislature may intrude on private property rights, particularly the right to exclude others from one's property, as it relates

Re: takings

2005-08-03 Thread Joseph E. Olson
Note that in these cases the property owner WANTS the person on their property but objects to what is discretely secured in their POV (which the property owner INVITES to park in his lot). Here's an analogy. A gun (carried for securitry) is like a seeing-eye dog. A piece of special purpose