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U.S. Supreme Court rules against D.C. Handgun Ban

 
 
mellow yellow
 
  1  
Reply Fri 27 Jun, 2008 01:51 pm
Quote:
No it's just a simple fact. For one to think otherwise is childish.


Let us say that it is true that more guns in the hands of the general populace will equal (or generate) less crime. People would then register, license, and arm themselves with whatever firepower they deem necessary (so long as the law permits it, of course- a Gatlin gun would be excessive Shocked.). So now a majority of people own guns and most are aware of it that many have guns. The fear that was intended to be instilled in the criminal- to be induced into not entering someone's home or car etc- is now also instilled in the citizen next door as well (whether or not they own a firearm). Psych evaluations are not conducted, more and more people buy firearms to counter this threat (both by criminals and regular citizens), and American society turns into the Tamed West because everyone is "packing." And it is a fact that many with firearms either misuse them on themselves or others (fathers killing their families, families killing their fathers, and more can be found in the news).

I am not against unfettered firearm ownership because my uncle killed himself with a Glock; rather, I am against it because i., the second amendment, as originally written, is outmoded, and ii., it sets a very deleterious precedent for American society in general.

(Mind you that a criminal is haphazardly concerned with your ownership of a firearm and greatly interested in being quicker than you- even if you both have firearms.)

Though we may know how you will use the firearm against a criminal, we do not know how you will use it in public or on your fellow citizens that are not criminals.

In short, the same reason that you use as justification for gun ownership is the same reason that would engender a "heat-packing" society with edgy trigger fingers.
0 Replies
 
cjhsa
 
  1  
Reply Fri 27 Jun, 2008 01:56 pm
mellow yellow wrote:

Though we may know how you will use the firearm against a criminal, we do not know how you will use it in public or on your fellow citizens that are not criminals.


Give me a break. 46 out of the lower 48 states are at least "may issue" and in those where CCW/CPL's have been issued, crime has gone down. Gun control only takes guns away from law abiding citizens - the kind you reall want on your side.
0 Replies
 
McGentrix
 
  1  
Reply Fri 27 Jun, 2008 01:57 pm
Nah, won't happen. Too many wussy liberals who do not believe in gun ownership out there that will be too afraid to arm themselves. The crime will just switch to them.
0 Replies
 
H2O MAN
 
  1  
Reply Fri 27 Jun, 2008 02:12 pm
mellow yellow wrote:
Quote:
No it's just a simple fact. For one to think otherwise is childish.


Let us say that it is true that more guns in the hands of the general populace will equal (or generate) less crime.


That is a statement of fact.

We agree.
0 Replies
 
mellow yellow
 
  1  
Reply Fri 27 Jun, 2008 02:12 pm
Quote:
Give me a break. 46 out of the lower 48 states are at least "may issue" and in those where CCW/CPL's have been issued, crime has gone down. Gun control only takes guns away from law abiding citizens - the kind you reall want on your side.


What I wrote is true because it is factual: we may know how you will use the firearm against an assailant, but we do not know how you will use it in public or at home. How could anyone deny this?

The only person I want on my side with a firearm is either a law enforcement official or a soldier (preferably both). And gun control or regulation does not take them away from law-abiding citizens; it keeps them safe from each other.

And why own a gun? Because you like them? Maybe you just love that individual right and want to take advantage of it ("...hell, it's there for me to use...I think I will buy a Desert Eagle), or perhaps you find a sidearm more adequate than other measures. Of course, you may believe that the only defense to a barrel pointing at you is a barrel pointing at your enemy.

The right to bear arms is not an individual right; it is a collective one for purposes of domestic security in the face of a threat of rebellion or invasion in the absence of a standing army.
0 Replies
 
mellow yellow
 
  1  
Reply Fri 27 Jun, 2008 02:15 pm
You extract my opening statement...

Quote:
Let us say that it is true that more guns in the hands of the general populace will equal (or generate) less crime.


And you conclude...

Quote:
That is a statement of fact.

We agree.


Laughing
0 Replies
 
H2O MAN
 
  1  
Reply Fri 27 Jun, 2008 02:31 pm
mellow yellow wrote:
You extract my opening statement...

Quote:
Let us say that it is true that more guns in the hands of the general populace will equal (or generate) less crime.


And you conclude...

Quote:
That is a statement of fact.

We agree.


Laughing


Yes - more guns = less crime
0 Replies
 
H2O MAN
 
  1  
Reply Fri 27 Jun, 2008 02:33 pm
mellow yellow wrote:


The right to bear arms is not an individual right; it is a collective one for purposes of domestic security in the face of a threat of rebellion or invasion in the absence of a standing army.


Incorrect!
You fail!
0 Replies
 
mellow yellow
 
  1  
Reply Fri 27 Jun, 2008 02:34 pm
No. More stupidity and stolidness = more replies like yours above.
0 Replies
 
H2O MAN
 
  1  
Reply Fri 27 Jun, 2008 02:41 pm
You failed - You're done, move on.
0 Replies
 
mellow yellow
 
  1  
Reply Sat 28 Jun, 2008 11:24 am
The right to bear arms is not an individual right; it is a collective one for purposes of domestic security in the face of a threat of rebellion or invasion in the absence of a standing army.
0 Replies
 
rosborne979
 
  1  
Reply Sat 28 Jun, 2008 12:16 pm
mellow yellow wrote:
The right to bear arms is not an individual right; it is a collective one for purposes of domestic security in the face of a threat of rebellion or invasion in the absence of a standing army.

I disagree. I think the framers of the constitution recognized that for a government to be "of the people, by the people and for the people", that it was necessary for the people ultimately be able to defend themselves from that government if necessary. And I think that's why they protected an individual's right to bear arms.
0 Replies
 
mellow yellow
 
  1  
Reply Sat 28 Jun, 2008 02:18 pm
Quote:
I disagree. I think the framers of the constitution recognized that for a government to be "of the people, by the people and for the people", that it was necessary for the people ultimately be able to defend themselves from that government if necessary. And I think that's why they protected an individual's right to bear arms.


I understand. In this regard, the individual right to bear arms is necessary due to the possibility that the people may need to defend themselves against a government that, initially, was to be for and by them. Forgive me, though I can not see that (individual) right protecting the people from an abusive government.

My own point is that a proper translation of the Second Amendment is this:

The right to bear arms is not an individual right; it is a collective one for purposes of domestic security in the face of a threat of rebellion or invasion in the absence of a standing army.

And this is the Second Amendment as written in 1789:

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
0 Replies
 
Avatar ADV
 
  1  
Reply Sat 28 Jun, 2008 11:01 pm
Scalia actually addressed that point.

The right of assembly is a collective right, in that it can only be exercised collectively (i.e. one guy cannot "assemble"). However, the right of assembly is not a collective right. It doesn't attach only on membership in a particular group, or even in "any" group. Certainly the government can't declare that certain people are the ones that may assemble and others have no right to assemble at all. Nor can the government place restrictions such that the right to assembly is denied, even though it can put certain reasonable, content-neutral restrictions on assembly in general.

As far as the whole "well-regulated" clause goes, it's certainly true that it would be bizarre, by way of example, for a court to take an environmental provision starting with "Whereas, protection of the integrity of the environment is paramount", decide that even though the law was being violated, the protection of the integrity of the environment was being met, so it didn't matter if the law was being followed or not. A statement of that nature can add color to the later, operative statements, but it -cannot contradict them-.
0 Replies
 
mellow yellow
 
  1  
Reply Sun 29 Jun, 2008 05:53 am
Avatar ADV wrote:
Scalia actually addressed that point.

The right of assembly is a collective right, in that it can only be exercised collectively (i.e. one guy cannot "assemble"). However, the right of assembly is not a collective right. It doesn't attach only on membership in a particular group, or even in "any" group. Certainly the government can't declare that certain people are the ones that may assemble and others have no right to assemble at all. Nor can the government place restrictions such that the right to assembly is denied, even though it can put certain reasonable, content-neutral restrictions on assembly in general.

As far as the whole "well-regulated" clause goes, it's certainly true that it would be bizarre, by way of example, for a court to take an environmental provision starting with "Whereas, protection of the integrity of the environment is paramount", decide that even though the law was being violated, the protection of the integrity of the environment was being met, so it didn't matter if the law was being followed or not. A statement of that nature can add color to the later, operative statements, but it -cannot contradict them-.


First I would say the right to assembly is a collective right as per each individual's capacity to participate in their own choosing of assembly (irregardless of the number of members) without hindrance; otherwise the matter would be moot. This is to say that it is also an individual right since it is the individual that serves as a member. Despite that "assembly" proper usually comprises one or more persons (for whatever aim etc), for obvious reasons it can apply to one person as well- the old adage of "...one is still a group; but only a group of one member." And membership or participation in a group (of whatever inclination) is not the defining characteristic of the scope of the right (to assemble); that is, the right does not apply only to the legal notion of a 'group'.

Forgive me, though I see your point. But the bridge that holds the parallel between the right of assembly (Amendment I) and the right to bear arms (Amendment II) is rather weak, since the latter speaks of the (unique) circumstance of a threat to domestic security in the absence of an army proper (which, of course, may require assembly) and the former encompasses peaceful assembly of any sort on, say, a beautiful sunny day. Cool

My own point was that the equation 'more guns=less crime' is absurd; more guns in any hands in society- whether or not they are socially responsible people- will engender a higher capacity to intimidate and inflict harm on others with ease, notwithstanding that the individual may not be aware that they are doing it. It is psychological (in the social sense); the reasoning is that "...we know you have the capacity to do that," which is all that is needed. And since many guns have the capacity to make many people very nervous, and humans are known to be nervous and "panicky" beings (sometimes with little reason), it is probable that such a desired incentive- that is, the inducement not to break into my home because I have a desert eagle etc- may have the reverse effect of amplifying the already-present feelings of social tension and conflict. In this way, with some heat by our side, we are more able to deal with our problems on our own terms.
0 Replies
 
Brandon9000
 
  1  
Reply Sun 29 Jun, 2008 06:05 am
mellow yellow wrote:
Quote:
I disagree. I think the framers of the constitution recognized that for a government to be "of the people, by the people and for the people", that it was necessary for the people ultimately be able to defend themselves from that government if necessary. And I think that's why they protected an individual's right to bear arms.


I understand. In this regard, the individual right to bear arms is necessary due to the possibility that the people may need to defend themselves against a government that, initially, was to be for and by them. Forgive me, though I can not see that (individual) right protecting the people from an abusive government.

My own point is that a proper translation of the Second Amendment is this:

The right to bear arms is not an individual right; it is a collective one for purposes of domestic security in the face of a threat of rebellion or invasion in the absence of a standing army.

And this is the Second Amendment as written in 1789:

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

Nonsense. Madison agreed to add the first 10 amendments in order to persuade the Anti-Federalists to ratify the Constitution. The Anti-Federalists feared that a stronger national government would result in the eventual destruction of the liberties Americans had won in the Revolution. They complained that the new Constitution didn't list any specific rights for the people. The promise to add a specific listing of individual rights was the deal struck to persuade recalcitrant states to ratify.
0 Replies
 
mellow yellow
 
  1  
Reply Sun 29 Jun, 2008 06:21 am
That is true. Do tell me though, so because there was a scuttle to compromise between the feds and anti-feds to satisfy and fast-track ratification, and the basis for that compromise was for the addition of specific "individual" rights, this adds support to the conclusion that the right to bear arms is an individual right? Because it was placed in a listing "concerning" individual liberties and when individuals have the right to do this or that?

Fashion that: the forefathers of our country not realizing the difference between arming the People and arming a well-regulated militia! Shocked If there is no standing army, then a well-regulated militia will be required- consisting of the PEOPLE. But to arm both the well-regulated militia and the People?! Shocked

Here is Amendment II:

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

I suppose we could twist the meaning of this to suit the individual, but it would take a good lot of twisting.
0 Replies
 
Brandon9000
 
  1  
Reply Sun 29 Jun, 2008 06:34 am
mellow yellow wrote:
That is true. Do tell me though, so because there was a scuttle to compromise between the feds and anti-feds to satisfy and fast-track ratification, and the basis for that compromise was for the addition of specific "individual" rights, this adds support to the conclusion that the right to bear arms is an individual right? Because it was placed in a listing "concerning" individual liberties and when individuals have the right to do this or that?

Fashion that: the forefathers of our country not realizing the difference between arming the People and arming a well-regulated militia! Shocked If there is no standing army, then a well-regulated militia will be required- consisting of the PEOPLE. But to arm both the well-regulated militia and the People?! Shocked

Here is Amendment II:

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

I suppose we could twist the meaning of this to suit the individual, but it would take a good lot of twisting.

What was agreed was that something would be added to the Constitution listing specific restrictions on government power to limit individual activities. Every other amendment in the first 10 deals with the rights of individuals. If the 2nd were intended as a collective right, then it would be both contrary to the reason for which it was written, and different in purpose from the other nine amendments. The first clause is regarded as giving some motivation. A law which states that the government can't infringe a right cannot validly be interpreted as permission to prohibit the right.

Moreover, beyond the fact that this is the clear intention of the amendment, it is immoral to deny any being the right or means to defend itself. Anyone who believes that all people have a basic right to personal liberty must necessarily believe that people have a right to protect themselves, and cannot be forced to become helpless based on the promise that the government will protect them.

Furthermore, it is massively documented that the Founders wanted us to be capable of forcefully removing abusive governments, so that it's unlikely that they wanted the people to be made helpless before an all powerful state.

As Thomas Jefferson said:

"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."

You may want an all powerful government and a helpless populace, but I prefer a country of free men and women.
0 Replies
 
rosborne979
 
  1  
Reply Sun 29 Jun, 2008 06:50 am
mellow yellow wrote:
My own point was that the equation 'more guns=less crime' is absurd;

I'm not convinced that is correct. Your conviction that it is absurd is based on the following...

mellow yellow wrote:
more guns in any hands in society- whether or not they are socially responsible people- will engender a higher capacity to intimidate and inflict harm on others with ease

However, the equation is not as simple as observing that an increase in dangerous weapons will result in an increase in the *probability* of their use, because you have ignored the human part of the equation; deterrence.

The real question would be, does the decrease in violence from deterrence offset the increase of violence from proclivity. I would argue that you don't know the answer to that yet. Nobody does.

For example, you might have made the analogous argument that "more nuclear weapons=less chance of their being uses is absurd", and yet the opposite (so far) seems to have been true.
0 Replies
 
rosborne979
 
  1  
Reply Sun 29 Jun, 2008 06:55 am
Brandon9000 wrote:
As Thomas Jefferson said:

"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."

Ah ha, so they were worried about defending themselves from the monster they were about to create. I always felt that was implicit in the second amendment, but I didn't know any of the founders actually voiced that concern.

I always liked that Jefferson guy Smile
0 Replies
 
 

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