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Hypothetical question?

http://articles.cnn.com/2010-07-25/justice/comic.c...

If a pen can be used to stab someone, it can be considered dangerous. Should it be made illegal to carry in your pocket without a ccw permit?

A gun and a pen are sitting on a table. Which one is the most dangerous sitting there without human intervention?

Update:

Actually a statute that says that you cannot have something for any reason is unconstitutional. You have the right to life, liberty and property. This cannot be removed from you for any reason except one. You are informed of a crime you are charged with, have the right to defend yourself in court, judgment is issued saying you no longer have that right (definition of due process). Any statute, law, public policy, or court precedence which violates this process it is not only your right, but your duty as a citizen to ignore since it is an action of the state under the "color of law" and is "null and void as if the law never existed."

"color of law n. the appearance of an act being performed based upon legal right or enforcement of statute, when in reality no such right exists. An outstanding example is found in the civil rights acts which penalize law enforcement officers for violating civil rights by making arrests "under color of law" of peacefu

Update 2:

protestors or to disrupt voter registration. It could apply to phony traffic arrests in order to raise revenue from fines or extort payoffs to forget the ticket."

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona, 384 US 436, 491.

"With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police authority." Connolly vs. Union Sewer Pipe Co., 184 US 540; Lafarier vs. Grand Trunk R.R. Co., 24 A. 848; O'Neil vs. Providence Amusement Co., 108 A. 887.

"The police power of the state must be exercised in subordination to the provisions of the U.S. Constitution." [emphasis added] Panhandle Eastern Pipeline Co. vs. State Highway Commission, 294 US 613; Bacahanan vs. Wanley, 245 US 60.

"It is well settled that the Constitutional Rights protected

Update 3:

from invasion by the police power, include Rights safeguarded both by express and implied prohibitions in the Constitutions." Tiche vs. Osborne, 131 A. 60.

"As a rule, fundamental limitations of regulations under the police power are found in the spirit of the Constitutions, not in the letter, although they are just as efficient as if expressed in the clearest language." Mehlos vs. Milwaukee, 146 NW 882.

"The essential elements of due process of law are...Notice and The Opportunity to defend." Simon vs. Craft, 182 US 427.

"To be that statute which would deprive a Citizen of the rights of person or property, without a regular trial, according to the course and usage of the common law, would not be the law of the land." Hoke vs. Henderson, 15 NC 15.

"We find it intolerable that one Constitutional Right should have to be surrendered in order to assert another." Simons vs. United States, 390 US 389.

"The state cannot diminish Rights o

Update 4:

of the people." Hurtado vs. California, 110 US 516.

"The courts are not bound by mere form, nor are they to be misled by mere pretenses. They are at liberty indeed they are under a solemn duty to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purported to have been enacted to protect...the public safety, has no real or substantial relation to those objects or is a palpable invasion of Rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the Constitution." Mulger vs. Kansas, 123 US 623, 661.

"It is the duty of the courts to be watchful for the Constitutional rights of the citizen and against any stealthy encroachments thereon." Boyd vs. United States, 116 US 616.

3 Answers

Relevance
  • 9 years ago
    Favorite Answer

    If you can fall on a knife or a sword or a pen and harm yourself, but can't stab or cut yourself accidentally with a gun, but instead must take action to force the gun to discharge, I would think the gun is inherently "safer" than the pen.

  • 9 years ago

    Almost anything can be a weapon, and breaking a CD in half gives you two very sharp knives.

    Nothing sitting on a table without human intervention is dangerous.

  • ?
    Lv 4
    9 years ago

    A gun is designed to cause harm, a pen isn't. Also a gun sitting on a table is more dangerous even without intervention as it could malfunction and accidentally fire, a pen is for writing not stabbing.

    Source(s): Ive stabbed many people
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