[ExI] arrested for what?

[Anders Sandberg]

On 2012-12-23 22:47, Dan wrote:
> There's another wrinkle on this too. The US is a signatory to the UN
> Declaration on Human Rights. While said declaration is not, to my
> knowledge, concerned with the right to bear arms, said right might be
> defended by non-citizens according to it under rights listed therein. No
> one, as far as I know, has taken that route, but it's easy to see how
> such a case might be laid out. And, again, this would be a legal claim
> for a right to bear arms for non-citizens.

This won't fly.

First, the human rights declaration does not claim any human right to 
bear arms (to the non-US world it sounds downright crazy - and yes, 
there is a human right for *paid holidays* (article 25) in the tail end 
of that document). Article 3 claims "Everyone has the right to life, 
liberty and security of person." and maybe one could argue this includes 
the right to bear arms in some societies - but the right only deals with 
the end, not how it is achieved. If a society keeps people safe without 
them having guns, then it follows the article perfectly well.

Second, and this is the main reason, signatories to the declaration sign 
up for a *moral* declaration, not a *legal* one. The US, Sweden and 
Afghanistan have all signed it, but they did in no way change their laws 
to make it the primary principle. Anybody in a US court can invoke the 
declaration, but it is just a moral/rhetorical plea on the same level as 
"it would be unfair to..." - if you want to make a legal impact, throw 
in a reference to the right amendment, case law decision etc.


A case against somebody drawing guns better be able to show that there 
is some legal reason stronger than first amendment rights at play (was 
the gun drawing intended to intimidate? was it done within an 
institutional setting where the first amendment does not apply? - US 
schools seem to be good at making that one fly, which is very creepy)


-- 
Anders Sandberg
Future of Humanity Institute
Oxford University