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Douva

My Article in The Washington Times (Guns)

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Personally, I think it's unconstitutional, because like you said, they're definitely firearms. However, courts are weird. Sometimes, something will be seen as constitutional by one court, and unconstitutional decades later. Constitutional interpretation is complicated.



Courts may be wierd, but court decisions trump your and mine.

Have any of the bans in public schools (enacted by many states) been declared unConstitutional? How about bans in courthouses?
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I don't know that those bans have been challenged. I don't have access to a legal database at the moment to find out.



Morton Grove's handgun ban was challenged, and the ban was upheld by the U.S. Court of Appeals. The SCOTUS refused to hear the case, leaving the ban in place to this day.

The machine gun case was decided by the Third U.S. Circuit Court of Appeals and the ban was upheld. The Supremes refused to take the case.
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Personally, I think it's unconstitutional, because like you said, they're definitely firearms. However, courts are weird. Sometimes, something will be seen as constitutional by one court, and unconstitutional decades later. Constitutional interpretation is complicated.



If carrying a concealed weapon is a right, why would you need a permit from the state? Since when were permits required to exercise rights? Why would tests and fees and background checks be needed to exercise rights?

Since a permit is required in most states, why can't it have conditions attached? Like restrictions on where a concealed weapon can be carried (such as in schools).

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they aren't banned, though.



True, In GA you can get a class three liscense which allows you to buy fully automatic weapons. You have to pass a through background check and allow the BATF to make you produce the weapon at any time. You are not allowed to sell it unless it goes to another Class three liscense holder. A crime has never been committed with an automatic weapon owned by a class three holder.
The most terrifying words in the English language are: I'm from the government and I'm here to help.

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That's sort of the point - the same groups that howl over violations of the other 9 amendments in the BOR are strangely quiet over violations of the 2nd...



Exactly. Personally, I howl over violations of any of the ten amendments in the bill of rights... and then try to do something about it. I think the second amendment is probably the most important, because it gives us the means to enforce the other nine rather than rely on the graciousness of the government to allow us to keep our rights.

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Personally, I howl over violations of any of the ten amendments in the bill of rights... and then try to do something about it. I think the second amendment is probably the most important, because it gives us the means to enforce the other nine rather than rely on the graciousness of the government to allow us to keep our rights.



Do you have in mind any specific historical situations, particularly post Civil War, in which the exercise of the 2nd Amendment by non-uniformed civilians was used to enable execution of the other original nine or some of the more contentious later ones, e.g., voting rights?

None are popping into my mind … but that’s far from implying they don’t exist … hence the question.

VR/Marg

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
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That's sort of the point - the same groups that howl over violations of the other 9 amendments in the BOR are strangely quiet over violations of the 2nd...



Exactly. Personally, I howl over violations of any of the ten amendments in the bill of rights... and then try to do something about it. I think the second amendment is probably the most important, because it gives us the means to enforce the other nine rather than rely on the graciousness of the government to allow us to keep our rights.



YES, extreemly well stated!
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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That's sort of the point - the same groups that howl over violations of the other 9 amendments in the BOR are strangely quiet over violations of the 2nd...



Exactly. Personally, I howl over violations of any of the ten amendments in the bill of rights... and then try to do something about it. I think the second amendment is probably the most important, because it gives us the means to enforce the other nine rather than rely on the graciousness of the government to allow us to keep our rights.



YES, extreemly well stated!



I worry more over violation of non-enumerated rights. Those are most often abused by government and people don't howl about it. When they abuse the 10, then we are REALLY in deep shit.

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Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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Personally, I howl over violations of any of the ten amendments in the bill of rights... and then try to do something about it. I think the second amendment is probably the most important, because it gives us the means to enforce the other nine rather than rely on the graciousness of the government to allow us to keep our rights.



Do you have in mind any specific historical situations, particularly post Civil War, in which the exercise of the 2nd Amendment by non-uniformed civilians was used to enable execution of the other original nine or some of the more contentious later ones, e.g., voting rights?

None are popping into my mind … but that’s far from implying they don’t exist … hence the question.

VR/Marg



The revolutionary war was what had come to mind. Aside from that, I don't have any particulars in mind beyond feeling that the ability to defend our rights against a government who wants to take them was the reason the founding fathers put the second amendment into the constitution in the first place.

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The reason that these babies and accidents happen is due to the morons that do not use common sense! It's a safety issue. Just like people who don't check their skydiving gear and suffer for it. If guns are to be in a house where children are.. They should never be loaded and locked in a gun safe. My guns are never loaded until I get to the range and ready to shoot. At home, they are locked in a gun safe and the ammunition is also locked in a separate location of the house.
Believe it or not... Law abiding gun owners hate to hear about those accidental shootings just as much if not more as gun controllers because we are the ones who have to defend our position when public outcry gets so bad.
Too bad there wasn't a way to test someone's common sense before hand. If someone fails, tell them:
"Sorry dude... you failed the test and are a moron. Therefore we can't let you have a gun." They should do that for cars too!;)

Can you explain what good the gun does in the house where you can't get it in a hurry and it's not loaded? I will say I don't have kids much in the house anymore but if I do it's outta reach and they are watched if not firearm trained.
I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

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I worry more over violation of non-enumerated rights. Those are most often abused by government and people don't howl about it. When they abuse the 10, then we are REALLY in deep shit.



Very true, mainly because people don't realize that the constitution isn't what gives us rights. The constitution enumerates several important rights out of many, but just because a right isn't specifically in the constitution doesn't mean it's not a right.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

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That's sort of the point - the same groups that howl over violations of the other 9 amendments in the BOR are strangely quiet over violations of the 2nd...



Exactly. Personally, I howl over violations of any of the ten amendments in the bill of rights... and then try to do something about it. I think the second amendment is probably the most important, because it gives us the means to enforce the other nine rather than rely on the graciousness of the government to allow us to keep our rights.



YES, extreemly well stated!



I worry more over violation of non-enumerated rights. Those are most often abused by government and people don't howl about it. When they abuse the 10, then we are REALLY in deep shit.

Non-enumerated. Would you give me a few examples so I am sure where you are coming from?
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."



and this very statement defines where activists judges are trampling all over the Constitution along with a willing and complicit congress
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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Non-enumerated. Would you give me a few examples so I am sure where you are coming from?



No

Would you want the constitution to list all "god given rights" - just to be safe? That would, in practice, mean all our rights are given by the government. So this is a terrible and lazy way to go and it's exactly the issue that Nightengale noted that the populace doesn't realize our rights are inherent, and not government granted.

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Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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Personally, I howl over violations of any of the ten amendments in the bill of rights... and then try to do something about it. I think the second amendment is probably the most important, because it gives us the means to enforce the other nine rather than rely on the graciousness of the government to allow us to keep our rights.



Do you have in mind any specific historical situations, particularly post Civil War, in which the exercise of the 2nd Amendment by non-uniformed civilians was used to enable execution of the other original nine or some of the more contentious later ones, e.g., voting rights?

None are popping into my mind … but that’s far from implying they don’t exist … hence the question.

VR/Marg



The Battle of Athens comes to mind. There's also been instances where the KKK were fought off by the black community - one of the original reasons for gun control laws was to prevent them from getting guns.
Mike
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Non-enumerated. Would you give me a few examples so I am sure where you are coming from?



No

Would you want the constitution to list all "god given rights" - just to be safe? That would, in practice, mean all our rights are given by the government. So this is a terrible and lazy way to go and it's exactly the issue that Nightengale noted that the populace doesn't realize our rights are inherent, and not government granted.



Herein lies the rub. You think of some, somebody else thinks of some and you either have a list bigger than can be managed or someone feelting they are getting screwed.

So, how is the "list" definded?

(I am not ignoring or minimizing your point as I do agree, again, to a point)
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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Worse yet,

Who, gets to define it??

And then add you line of "God Given" rights. I though God and goverment were to be sepreate?
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."



and this very statement defines where activists judges are trampling all over the Constitution along with a willing and complicit congress



to answer post 294 by replying to this one.

the judges and congress, due to people moving to a socialist-sympathetic mindset, have passed beyond the law and need to be reeled in. They read this as the Feds 'granted' the ability to 'give' and 'take' away rights to the states here. They are in violation of the intent of what was supposed to be a clarification statement, not a granting of power statement. The founders should not have included the statement "to the States" and should have left it as "to the people" only.

The concept that the government owns everything - resources, the populace, the rights of the people - is what's eroding the country. It's in direct conflict with our foundations. If the country wants to go that way, we need to explicitly decide that. But this insidious and ignored set of baby steps constantly in that direction will tear us apart. (IMO - I don't want to go in that direction)

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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Worse yet,

Who, gets to define it??

And then add you line of "God Given" rights. I though God and goverment were to be sepreate?



1 - the people
2 - I quoted "god given" from the founders, as an agnostic you can see the irony I'm feeling right now

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."



and this very statement defines where activists judges are trampling all over the Constitution along with a willing and complicit congress



to answer post 294 by replying to this one.

the judges and congress, due to people moving to a socialist-sympathetic mindset, have passed beyond the law and need to be reeled in. They read this as the Feds 'granted' the ability to 'give' and 'take' away rights to the states here. They are in violation of the intent of what was supposed to be a clarification statement, not a granting of power statement. The founders should not have included the statement "to the States" and should have left it as "to the people" only.

The concept that the government owns everything - resources, the populace, the rights of the people - is what's eroding the country.agree It's in direct conflict with our foundations.agree If the country wants to go that way, we need to explicitly decide that. But this insidious and ignored set of baby steps constantly in that direction will tear us apart. and what portion of government is the most problem IYO? (IMO - I don't want to go in that direction)



Nor do I
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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Worse yet,

Who, gets to define it??

And then add you line of "God Given" rights. I though God and goverment were to be sepreate?



1 - the peopleThe only way this will work is if the people at the State level are the "people" IMO
2 - I quoted "god given" from the founders, as an agnostic you can see the irony I'm feeling right now I understand [:/]

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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and what portion of government is the most problem IYO?



a combination of a narissistic and uninformed populace with politicians that are the same

(note that many of the 'new age' people claim to have principles and standards, and they are proud that they are directly in conflict with traditional values - however, most of the these principles are self serving and based on self gratification. Real principles tended to be based on self sacrifice and service - not any more.

Frankly, people are smarter today, but it doesn't result in a better society, just a bunch of people REALLY good at rationalization.

So I blame normal animal nature. The more we advance on an global level, the more we regress on an individual level.)

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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