0
   

Guns and the Supreme Court

 
 
H2O MAN
 
  0  
Reply Wed 26 Mar, 2008 08:41 pm
Setanta wrote:
dyslexia wrote:
I am a gun owner; my fear that is wacko gun-nuts such as david and others are doing about to take away my rights. Fanatics/idiots are seen with fear by more and more common citizens which will most likely lead to more restrictions than if they would just stfu.



This is exactly the point. I was taught to handle fire arms safely when i was a boy. In the army, i qualified expert with M14, which i really enjoyed. I qualified with the M16 later, but just barely--i was not a fan of that weapon. I also qualified with the M1911 automatic pistol.


Maybe you could teach others to handle firearms safely... it sounds like you are qualified.
0 Replies
 
OmSigDAVID
 
  1  
Reply Wed 26 Mar, 2008 11:22 pm
H2O_MAN wrote:
Setanta wrote:
dyslexia wrote:
I am a gun owner; my fear that is wacko gun-nuts such as david and others are doing about to take away my rights. Fanatics/idiots are seen with fear by more and more common citizens which will most likely lead to more restrictions than if they would just stfu.



This is exactly the point. I was taught to handle fire arms safely when i was a boy. In the army, i qualified expert with M14, which i really enjoyed. I qualified with the M16 later, but just barely--i was not a fan of that weapon. I also qualified with the M1911 automatic pistol.


Maybe you could teach others to handle firearms safely...
it sounds like you are qualified.

Possibly, he might be convinced to do that,
but ONLY if it is a rifle approved by CONGRESS.
0 Replies
 
OmSigDAVID
 
  1  
Reply Wed 26 Mar, 2008 11:31 pm
H2O_MAN wrote:
dyslexia wrote:


Fanatics/idiots are seen with fear by more and more common citizens which will most likely lead to more restrictions than if they would just stfu.


Good point
Fanatics/idiots on both sides of this issue should just stfu

OK;
let 's see how this works:
1 ) if a man judges himself to be too loyal to some principle,
then he must stifle himself, and relinquish his First Amendment rights

and

2 ) if a man is judged to be of insufficient intelligence,
then he has a duty to be silent.

( Maybe there is some I.Q. based criterion in the First Amendment that I did not see. )




David
0 Replies
 
OmSigDAVID
 
  1  
Reply Thu 27 Mar, 2008 12:04 am
Setanta wrote:
I have never alleged that you have fallen afoul of the law.
My reaction to you is that you are mentally unstable,

What are your diagnostic criteria, Dr. Setanta ?



Quote:
and your obsession with guns,
and the prospect of killing someone

Where did u get THAT ??

As well as I am able to remember,
no one has EVER threatened me, Setanta.
I have led a quiet life.

I only said that I want my fellow citizens
to be sufficiently well armed to handle such emergencies
as may arise;
e.g., the students at Virginia Tech shud have been better armed.
Thay were helpless,
such that a homicidal maniac saw them like sheep
available to be harvested, at his option.
Those students were killed because of their docile OBEDIENCE
to the school 's gun control rules.


There 'd have been a better ending to the incident,
if the class had violated those rules and peppered Cho with hollowpointed slugs.

I believe that the students' families wud have been HAPPIER with those results.



IF the same thing had happened in a class
of studious armed police officers:
the murderer 's life cud have been measured in fractions of a second.

The moral of the story is:
COMPARE and CONTRAST:
well armed class to helpless class.




Quote:
whom you allege to threaten you is to me evidence of that condition.

I never alleged that ANYONE had threatened me.




David
0 Replies
 
Setanta
 
  1  
Reply Thu 27 Mar, 2008 05:11 am
Your sneer about "Dr. Setanta" is childish, and it is unwarranted because if am offering an opinion, not a diagnosis. There are many people here with whom i disagree about gun control--Dyslexia, Roger and Fishin' come to mind right off the top of my head--who do not obsessively post about guns, who do not obsessively claim that if everyone went around armed we would all be "safe" from the "criminals," and who do not refer to me with terms such as "authoritarian collectivist liberal pinkos." They are reasonable people who state their positions reasonably.

You spew a rhetoric which could come straight out of the red scare hysteria literature of the 1950s. You obsess about fire arms, bringing the subject up all of the time, and continually attempting to claim that one either supports unlimited access to firearms, or one is willfully surrendering one's freedom, and attempting to deny freedom to others. Your claims about students going around armed are so insane that one hardly knows where to begin to explain to you the idiocy of your position, which is why i don't discuss it with you.

In short, there are many people here with whom i disagree about gun control who are reasonable individuals, whom i like and whose expression of their opinions i respect.

You ain't one of 'em . . .
0 Replies
 
OmSigDAVID
 
  0  
Reply Thu 27 Mar, 2008 09:48 am
Setanta wrote:
Your sneer about "Dr. Setanta" is childish,

Yeah.
I 'm still the kid ( inside ) that I always was;
just older and uglier.





Quote:
and it is unwarranted because if am offering an opinion, not a diagnosis.

Baloney !
U diagnosed me as being mentally unstable,
now u refuse to accept responsibility for your own statement.
U bring discredit upon yourself.







Quote:
There are many people here with whom i disagree about gun control--
Dyslexia, Roger and Fishin' come to mind right off the top of my head--
who do not obsessively post about guns,

People post about what thay WANT to post about.
U shud KNOW that by now.

I don 't require u to read what I write, against your will.
If u do so, it is at your option,
in the exercise of your discretion.
However, u shud not expect me to be guided by YOUR tastes.






Quote:
who do not obsessively claim that if everyone went around armed
we would all be "safe" from the "criminals,"

U exaggerate my position.

I did not go as far as to say
that we 'd ALL be safe from the criminals;
only that we 'd be better off if we are equipped
to handle such emergencies as may arise
and as historically DID arise.





Quote:
and who do not refer to me with terms such as "authoritarian collectivist liberal pinkos."

U openly advocated encouraging Congress to USURP power
overthrowing the Bill of Rights.
I most earnestly believe that u have justified my characterization of u.
I don 't like saying that; I wish that all of my fellow citizens were lovers of freedom.





Quote:
They are reasonable people who state their positions reasonably.

You spew a rhetoric which could come straight out of the red scare hysteria literature of the 1950s.

I was a big supporter and a friend of Herb Philbrick,
and in my modest way, I contributed by my own counterespionage
on behalf of the HUAC and the NY State Troopers to inflict the most
severe possible injury upon the Reds and pinkos.
I ratify my choice to do so.




Quote:

You obsess about fire arms, bringing the subject up all of the time,
and continually attempting to claim that one either supports unlimited
access to firearms, or one is willfully surrendering one's freedom,
and attempting to deny freedom to others.

I DO.
It IS.




Quote:
Your claims about students going around armed are so insane
that one hardly knows where to begin to explain to you the idiocy of your position,
which is why i don't discuss it with you.

U advocate docile HELPLESSNESS in the face of lethal emergencies
( because that worked out so GREAT at Columbine and V.T. ?????? )
and u call ME insane !!
Ask the ( surviving ) victims if thay wanted to be HELPLESS
during those emergencies.
There were some boys who were preparing to fight back
by swinging metal folding chairs, in their desperation,
because of their unfortunate obedience to the gun control laws.

I wonder what your advice to them wud have been.



Quote:
In short, there are many people here with whom i disagree
about gun control who are reasonable individuals,
whom i like and whose expression of their opinions i respect.

U shud be aware by now
that your ubiquitous insolence and rudeness ( to almost everyone )
is an implicit invitation to counterinsolence,
or simply showing u the error of your ill advised ways.




Quote:
You ain't one of 'em . . .

O, NO !
I 'm not INSURED for that !!!




David
0 Replies
 
OmSigDAVID
 
  0  
Reply Thu 27 Mar, 2008 10:35 am
Setanta wrote:
You're really a psycho case, David--
especially with your hysterical rants in which you erect strawmen about
what i do or don't believe. You really have no idea what i believe.

U 've made your position plain by your posts.



Quote:

In fact, i'm not opposed to people owning fire arms--
i am opposed to people owning any goddamned gun they can afford.

Thay still have their constitutional rights
regardless of whether u wish to screw them out of those rights
by inventing fake jurisdiction.

As US Supreme Ct Justice Joseph Story (1811-1845) put it:
"The right of the citizens to keep and bear arms has justly been considered
as the Palladium of the liberties of the republic since it offers a strong moral check
against usurpation and arbitrary power of the rulers;
and will generally...enable the people to resist and triumph over them."
3 J. Story "COMMENTARIES ON THE CONSTITUTION" 746 (1833)

Judge Thomas Cooley reiterated that idea, adding:
" The right declared was meant to be a strong moral check against the
usurpation and arbitrary power of rulers, and as a necessary and efficient
means of regaining rights when temporarily overturned by usurpation.
The Right is General....
The meaning of the provision undoubtedly is, that the people, from whom
the militia must be taken, shall have the right to keep and bear arms,
and they need no permission or regulation of law for the purpose. [emphasis added by David]
Judge Thomas Cooley " General Principles of Constitutional Law " (1880)


Of course, no one will claim
that either Justice Story or Judge Cooley
is equal to the mental brilliance of Mr. Setanta !





Quote:
To me, the balance of good sense would be to protect the right to bear arms
by having a list of approved rifles from the Congress,
and a complete ban of hand-guns.

In the Bill of Rights, as a pre-condition
to the existence of government on this continent,
government was explicitly deprived of this jurisdiction.
The Founders had just finished overthrowing a government
and thay were aware of the possibility that it might have to be done
again in the future; thay said so.
Indeed, Thomas Jefferson opined
that it wud have to be done every 20 years.
Of course, Thomas Jefferson was nowhere NEAR as smart as u r, Mr. Setanta.
Everyone knows THAT !







Quote:
The real cowards are the members of Congress, though,
whose fear of losing their place at the public troth is so great that they
will suck up the the shits at NRA and loud-mouth, ranting fanatics such as you.

U show your abhorence against DEMOCRACY, Mr. Setanta,
as well as your contempt for honest constitutionalism.
From those choices, I will DISSENT.




David
0 Replies
 
Setanta
 
  2  
Reply Thu 27 Mar, 2008 10:56 am
And you'll shout, you'll scream your goofy distortions out, perhaps in the belief that if you can't produce logical bases for your obsessions, you can at least be wrong at the top of your voice.

You have no basis to claim that i'm opposed to democracy, because you can't prove that the majority of the people agree with you. As for constitutionalism, i've pointed out that in United States versus Cruikshank and Presser versus Illinois the Supremes have held that the second amendment binds the Federal government and not the states. I've pointed out to you that the Supremes in United States versus Miller upheld the 1934 National Firearms Act. Therefore, you haven't got a constitutional leg to stand on if you claim that government cannot regulate firearms.

None of that matters to you, of course, because you are less interested in the truth of these matters than you are in ranting about your obsessional point of view.
0 Replies
 
McTag
 
  1  
Reply Thu 27 Mar, 2008 01:41 pm
OmSigDAVID wrote:
Setanta wrote:
Thomas wrote:
McTag wrote:
Okay since there are honestly-held but polarised legal opinions on this matter, a clarification is obviously required, and a revision to the wording of the Constitution, written as it was all these years ago for a completely different world.

Maybe something along the lines of

"Whereas it is recognised that the function of law enforcement is nowadays undertaken by the police, and the function of defense of the state is undertaken by the armed forces, and no citizen has need to shoot his slaves or the indians or his neighbours or the redcoats any more,

and whereas many of the the people who own guns seem to be the very last people who should be let anywhere near them,

and due to a large number of regularly recurring regrettable incidents, for the better governance of the country and the safety of its citizens the previous widely-assumed "right of the people to bear arms" is hereby rescinded
."

Congratulations, you get it! Now all you have to do is persuade two thirds of each house of Congress to pass this amendment, then get three quarters of the states to ratify it -- and you're done!


Thomas, Thomas, Thomas . . . you're so naïve.
First he has to found a special interest group with more money
and a wider base among the electorate than the National Rifle Association
(an organization which seems much more interested in handguns and
machine guns than in rifles).

It is worthy of note
that democracy cannot work
without such special interest groups as NRA
or the 2nd Amendment Foundation
et al,
because the electorate wud endure in a state of woeful ignorance
of what governments are doing on all levels, fed, state n local.
We RELY upon SIGs to alert us to what is in the works
before its too late, so that we can contact our representatives
and threaten to disemploy them if thay fail to represent US
and just do as thay damn please.




David


We use journalists for that. You know, impartial and disinterested people with investigative skills.
0 Replies
 
maporsche
 
  1  
Reply Thu 27 Mar, 2008 01:53 pm
McTag wrote:
We use journalists for that. You know, impartial and disinterested people with investigative skills.



Those types of journalists do not exist in America.
0 Replies
 
Setanta
 
  1  
Reply Thu 27 Mar, 2008 01:58 pm
Yeah they do . . . but they usually aren't employed by the media, most of which is owned by conservative corporations.
0 Replies
 
Finn dAbuzz
 
  0  
Reply Thu 27 Mar, 2008 10:50 pm
Setanta wrote:
Yeah they do . . . but they usually aren't employed by the media, most of which is owned by conservative corporations.


Naaah, sometimes it's too easy.
0 Replies
 
oralloy
 
  0  
Reply Fri 28 Mar, 2008 01:21 am
Setanta wrote:
As for constitutionalism, i've pointed out that in United States versus Cruikshank and Presser versus Illinois the Supremes have held that the second amendment binds the Federal government and not the states.


Thus the need to follow up the DC lawsuit with a lawsuit against Chicago to try to secure Fourteenth Amendment incorporation.
0 Replies
 
oralloy
 
  0  
Reply Fri 28 Mar, 2008 01:25 am
Setanta wrote:
To me, the balance of good sense would be to protect the right to bear arms by having a list of approved rifles from the Congress, and a complete ban of hand-guns.


What kind of rifles?

Hunting rifles with a three-shot magazine would not have a lot of use to a modern militia, except maybe in the hands of a sniper.
0 Replies
 
McTag
 
  1  
Reply Fri 28 Mar, 2008 03:09 am
Gun owners: When you clean and load your guns, do you see yourself more closely resembling

a) Davy Crockett

b) Billy the Kid

c) Audie Murphy

d) James Bond

e) George C Scott as Gen Patton

f) Other (Annie Oakley)

?
0 Replies
 
Brandon9000
 
  0  
Reply Fri 28 Mar, 2008 05:35 am
McTag wrote:
Gun owners: When you clean and load your guns, do you see yourself more closely resembling

a) Davy Crockett

b) Billy the Kid

c) Audie Murphy

d) James Bond

e) George C Scott as Gen Patton

f) Other (Annie Oakley)

?

All people, indeed all creatures of any type, have an inherent right to defend themselves. The government has no right to reduce people to depending on it to defend them regardless of the situation. In many cases, it will be the smartest thing to let the government defend one, but in other cases, including cases where danger is immenent and there is no time to summon a policeman or army, or where one is defending oneself against the government, people must have the ability to defend themselves. This is an inherent right of all life, and the government cannot rightly take it away. A government doesn't bestow rights on people - people have rights which the government is not free ethically to take away. However, in any case before a court related to gun possession, the situation comes down to an interpretation of what the Constitution says. The government has no right to take for itself anything more than what the people have consented to grant it.

Your implication that someone who claims the right to self-defense is like a mock western hero or movie spy signifies nothing but that you have no concept of the inherent right of people to defend themselves from bodily harm. If you want to give up your personal liberties in your country, so be it, but that is contrary to the idea of the proper role of just government given to us by our founders and stated with immense clarity in our Declaration of Independence.
0 Replies
 
McTag
 
  1  
Reply Fri 28 Mar, 2008 09:35 am
I've got a feeling I may regret this but.......

With all this talk of "defending" and self-defence going on here, I wonder what the statistics are regarding the actual use of personal weaponry in person-to-person interactions, if I can put it that way.

Things like

a) Sorry I only meant to scare him: mishaps
b) minor attempted theft or trespass resulting in serious injury or death
c) mistaken identity ditto ditto
d) traffic incident escalation
e) domestic argument escalation

which in hindsight, would have been better resolved if guns had not been to hand.
Are there any hard statistics on that, not amassed by the NRA?
0 Replies
 
McTag
 
  1  
Reply Fri 28 Mar, 2008 09:50 am
Brandon9000 wrote:
McTag wrote:
Gun owners: When you clean and load your guns, do you see yourself more closely resembling

a) Davy Crockett

b) Billy the Kid

c) Audie Murphy

d) James Bond

e) George C Scott as Gen Patton

f) Other (Annie Oakley)

?

All people, indeed all creatures of any type, have an inherent right to defend themselves. The government has no right to reduce people to depending on it to defend them regardless of the situation. In many cases, it will be the smartest thing to let the government defend one, but in other cases, including cases where danger is immenent and there is no time to summon a policeman or army, or where one is defending oneself against the government, people must have the ability to defend themselves. This is an inherent right of all life, and the government cannot rightly take it away. A government doesn't bestow rights on people - people have rights which the government is not free ethically to take away. However, in any case before a court related to gun possession, the situation comes down to an interpretation of what the Constitution says. The government has no right to take for itself anything more than what the people have consented to grant it.

Your implication that someone who claims the right to self-defense is like a mock western hero or movie spy signifies nothing but that you have no concept of the inherent right of people to defend themselves from bodily harm. If you want to give up your personal liberties in your country, so be it, but that is contrary to the idea of the proper role of just government given to us by our founders and stated with immense clarity in our Declaration of Independence.


I'm getting pretty fed-up with "inalienable rights" ad nauseam and 230-year-old declarations treated like Moses had come down from the mount with them tucked under his arm.

Freedoms? You have to give up plenty of "freedoms" if you live in a populous society.
You can't make a big bonfire of tyres and garbage beside your neighbours house- it will stain his paintwork and dirty his wife's washing, and the fire may spread uncontrollably.
You can't drive your car at 150 mph
You can't drive the wrong way up a one-way city street
You can't punch your boss or your neighbour in the mouth.
etc etc etc

No matter how you feel you might like to do these things, they are antisocial, dangerous and more or less illegal.

So, you just have to get to the stage of joining up the dots in your thinking. Filling in the gaps. Addresing the inconsistencies.
0 Replies
 
Brandon9000
 
  0  
Reply Fri 28 Mar, 2008 01:52 pm
McTag wrote:
Brandon9000 wrote:
McTag wrote:
Gun owners: When you clean and load your guns, do you see yourself more closely resembling

a) Davy Crockett

b) Billy the Kid

c) Audie Murphy

d) James Bond

e) George C Scott as Gen Patton

f) Other (Annie Oakley)

?

All people, indeed all creatures of any type, have an inherent right to defend themselves. The government has no right to reduce people to depending on it to defend them regardless of the situation. In many cases, it will be the smartest thing to let the government defend one, but in other cases, including cases where danger is immenent and there is no time to summon a policeman or army, or where one is defending oneself against the government, people must have the ability to defend themselves. This is an inherent right of all life, and the government cannot rightly take it away. A government doesn't bestow rights on people - people have rights which the government is not free ethically to take away. However, in any case before a court related to gun possession, the situation comes down to an interpretation of what the Constitution says. The government has no right to take for itself anything more than what the people have consented to grant it.

Your implication that someone who claims the right to self-defense is like a mock western hero or movie spy signifies nothing but that you have no concept of the inherent right of people to defend themselves from bodily harm. If you want to give up your personal liberties in your country, so be it, but that is contrary to the idea of the proper role of just government given to us by our founders and stated with immense clarity in our Declaration of Independence.


I'm getting pretty fed-up with "inalienable rights" ad nauseam and 230-year-old declarations treated like Moses had come down from the mount with them tucked under his arm.

Freedoms? You have to give up plenty of "freedoms" if you live in a populous society.
You can't make a big bonfire of tyres and garbage beside your neighbours house- it will stain his paintwork and dirty his wife's washing, and the fire may spread uncontrollably.
You can't drive your car at 150 mph
You can't drive the wrong way up a one-way city street
You can't punch your boss or your neighbour in the mouth.
etc etc etc

No matter how you feel you might like to do these things, they are antisocial, dangerous and more or less illegal.

So, you just have to get to the stage of joining up the dots in your thinking. Filling in the gaps. Addresing the inconsistencies.

One should never have to give up the right to self-defense. It's an inherent, and, yes, inalienable, right of all living things.
0 Replies
 
H2O MAN
 
  0  
Reply Fri 28 Mar, 2008 02:31 pm
McTag wrote:


I'm getting pretty fed-up with "inalienable rights" ad nauseam and 230-year-old declarations treated like Moses had come down from the mount with them tucked under his arm.

LOL !! who really cares if you're fed-up or not.

Our inalienable rights are more important than the declarations Moses shared.
0 Replies
 
 

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