57
   

Guns: how much longer will it take ....

 
 
oralloy
 
  -2  
Reply Wed 14 Mar, 2018 09:53 pm
Corporations That Oppose Civil Rights See Plummeting Popularity

http://morningconsult.com/2018/02/28/firms-see-negative-responses-to-cutting-business-ties-with-nra/

http://morningconsult.com/wp-content/uploads/2018/02/180228_nra_fullwidth_v4.png
0 Replies
 
oralloy
 
  -1  
Reply Wed 14 Mar, 2018 10:05 pm
Anti-Gun Liberal Politician Commits a Ten Year Federal Felony

http://thehill.com/homenews/campaign/377731-atf-investigating-after-va-congressional-candidate-seen-cutting-apart-ar-15

Prosecute!
0 Replies
 
sceletera
 
  4  
Reply Thu 15 Mar, 2018 06:44 am
@McGentrix,
McGentrix wrote:

I can see your point, however there are a lot "what if's" in your writing.

There is one giant problem with your idea though;

"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."

Despite what could happen, until THAT is changed there will be no mass gun banning.


From Justice Scalia in the Heller decision:
Quote:
Like most rights, the right secured by the Second
Amendment is not unlimited.
sceletera
 
  5  
Reply Thu 15 Mar, 2018 06:46 am
@oralloy,
Quote:
Wrong. The Supreme Court is not bound to uphold the rulings of judges on lower courts.

By refusing to take a case on appeal the Supreme court is upholding those rulings.
The Supreme court refused to take the case of the assault weapons ban last year thereby upholding the ban as constitutional.
sceletera
 
  4  
Reply Thu 15 Mar, 2018 06:51 am
@oralloy,
oralloy wrote:


The fact that liberals hate the Constitution and want to "interpret" it to say that we have no civil rights is exactly why it is so important to vote for Republicans.


This is even more a nonsense argument than your pistol grip argument.
Owning a gun is not the only right guaranteed under the Constitution. The rights specifically stated in the Constitution are not the only rights guaranteed. The inalienable rights discussed in the Declaration of Independence would also be rights people living in the US would be guaranteed. I do not give up my rights to life and liberty because of the 2nd amendment.

This is a continuing pattern on your part. You pick one item out of many and pretend it is the crux of the argument. While you may think it is a strong position it actually shows how weak your debate skills are.
hightor
 
  3  
Reply Thu 15 Mar, 2018 06:56 am
@Used2bgood,
Quote:
The problems at home began when the public let the democrats take the mentally 'challenged' out of the institutions and try to assimulate them into regular society.

Really?

Ronald Reagan’s shameful legacy: Violence, the homeless, mental illness
0 Replies
 
sceletera
 
  5  
Reply Thu 15 Mar, 2018 06:57 am
@gungasnake,
gungasnake wrote:

The formation of the union and adoption of the constitution was conditioned on acceptance of the bill of rights. Remove any part of the bill of rights PARTICULARLY the 2'nd amendment, and the union itself becomes illegitimate. That would amount to reneging on an agreement.


It seems you failed to read the Constitution. The Constitution that was agreed on includes the following:
Quote:
Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.


The union agreed that the Constitution can be amended. By not allowing for such amendments it would be you that is reneging on the agreement. The text of the Constitution clearly allows for any of the first 10 to be amended since it lays out a restriction of a time period before which 3 of them cannot be amended. It places no restriction on when the 2nd can be amended or repealed.
0 Replies
 
oralloy
 
  0  
Reply Thu 15 Mar, 2018 12:33 pm
@sceletera,
sceletera wrote:
From Justice Scalia in the Heller decision:
Quote:
Like most rights, the right secured by the Second
Amendment is not unlimited.

No right is unlimited.

But only limitations that can be justified with a good reason are allowed.
oralloy
 
  0  
Reply Thu 15 Mar, 2018 12:34 pm
@sceletera,
sceletera wrote:
By refusing to take a case on appeal the Supreme court is upholding those rulings.

Not exactly.

But since this is just more of your idle trivia about the courts, it's not really worth arguing about.
oralloy
 
  0  
Reply Thu 15 Mar, 2018 12:35 pm
@sceletera,
sceletera wrote:
This is even more a nonsense argument than your pistol grip argument.

The importance of voting for politicians who will defend our Second Amendment rights, and against politicians who will violate our Second Amendment rights, is hardly nonsense.


sceletera wrote:
Owning a gun is not the only right guaranteed under the Constitution. The rights specifically stated in the Constitution are not the only rights guaranteed. The inalienable rights discussed in the Declaration of Independence would also be rights people living in the US would be guaranteed. I do not give up my rights to life and liberty because of the 2nd amendment.

More trivia I presume.


sceletera wrote:
This is a continuing pattern on your part. You pick one item out of many and pretend it is the crux of the argument.

No pretending. When I challenge critical points, that is because they are critical points.


sceletera wrote:
While you may think it is a strong position it actually shows how weak your debate skills are.

If you want to characterize my having a strong base of facts that you have no answer to as weak debating, go ahead. It makes you look kind of silly though.
0 Replies
 
oralloy
 
  0  
Reply Thu 15 Mar, 2018 01:06 pm
Interesting twist on the Florida shooting:

"Cruz went in with only 10-round magazines because larger clips would not fit in his duffel bag, Book said."

http://www.miamiherald.com/news/local/community/broward/article202486304.html
0 Replies
 
sceletera
 
  3  
Reply Fri 16 Mar, 2018 06:08 am
@oralloy,
oralloy wrote:

sceletera wrote:
From Justice Scalia in the Heller decision:
Quote:
Like most rights, the right secured by the Second
Amendment is not unlimited.

No right is unlimited.

But only limitations that can be justified with a good reason are allowed.


About that compelling reason:
Quote:
It must be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of a large number of individuals, and not violating explicit constitutional protections.


By banning assault style weapons your right is not taken away since you can still own other types of guns. Those killed by assault style weapons can not own another type of life so they are the ones that are losing a right. It is easy to balance the small restriction of a right with the absolute loss of a right.
sceletera
 
  4  
Reply Fri 16 Mar, 2018 06:09 am
@oralloy,
Your continued argument from ignorance only shows your ignorance. For you to argue that the court rulings are trivia is to argue that the Constitution is meaningless and rights do not exist in a free society.
sceletera
 
  2  
Reply Fri 16 Mar, 2018 06:35 am
@oralloy,
Court rulings are hardly trivia.

Let me explain why court rulings are not trivia.
The Constitution states"
Quote:
2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

So, the US Constitution is the supreme law. If it wasn't, then your arguments bringing up the 2nd amendment would be what is trivia. So, in order for any of your arguments about any part of the Constitution to have meaning we have to accept that the Constitution has meaning and is the Supreme Law of the land.

Once we have accepted that the US Constitution is the law of the land then we have to accept that the ENTIRE US Constitution is the law of the land.

Now that we have accepted the entire Constitution is the law of the land, we can examine whether the courts are trivial or not.

The Constitution says:
Quote:
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

The Judicial power is vested in the courts. Not just the Supreme Court but also the inferior courts such as the appeals courts.

But what the extend of judicial power? The Constitution also tells us what that is.
Quote:
1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;10 —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

So, judicial power extends to all cases of law and equity arising under the Constitution. We already know that the Constitution is the supreme law of the land. Since judicial power extends to all cases of the law under the Constitution and since the Constitution is the law, it is the courts that have the power to decide all those cases. No one else is granted that power under the US Constitution. The only recourse from a definitive court ruling is to change the US Constitution by amending it.

Your continued calling court rulings trivia or irrelevant diminishes the Constitution. When you diminish the Constitution you undermine any argument you make about the 2nd amendment since the 2nd amendment is only one small part of a document that you seem to claim is meaningless.

Since the Constitution is the supreme law and since the Constitution states that it is the courts that have the power to decide all legal questions about the Constitution, Court rulings can not be trivia or irrelevant in any discussion of the meaning of any part of the Constitution.
sceletera
 
  3  
Reply Fri 16 Mar, 2018 07:16 am
@McGentrix,
McGentrix wrote:

No one has told me which of these is an assault rifle. Would one be banned? Would both be banned? Neither?


This appears to be a variant of an AR-15. As such it can be banned without violating the US Constitution. When such a ban existed under Federal law it was Constitutional. It is currently banned in a various states and those laws have been ruled to not violate the US Constitution.
https://www.reuters.com/article/us-usa-court-guncontrol/u-s-top-court-spurns-challenge-to-maryland-assault-weapons-ban-idUSKBN1DR1SE
https://media.midwayusa.com/productimages/880x660/Primary/948/948821.jpg

This rifle would not have been banned under most assault weapons laws since it didn't meet the legal definition under the law. If you want to make a case that it would be Constitutional to ban it, go ahead. That is the only LEGAL case you are making. Your emotional appeal that they are the same gun doesn't play well under the law. It only furthers any legal argument that it can and should be banned if like weapons can be and are banned.
https://ruger.com/products/mini14RanchRifle/images/5802.jpg
Olivier5
 
  2  
Reply Fri 16 Mar, 2018 09:20 am
U.S. Preference for Stricter Gun Laws Highest Since 1993
by Jeffrey M. Jones, MARCH 14, 2018, Gallup

WASHINGTON, D.C. -- Sixty-seven percent of Americans say the laws covering the sale of firearms should be made stricter. This represents an increase of seven percentage points since last fall and is the highest in any Gallup survey since 1993.

These results are based on a March 1-8 Gallup survey, the first conducted after the Parkland, Florida, school shooting in mid-February. The seven-point increase in public support for stricter gun laws follows a five-point increase seen in Gallup's October 2017 survey, conducted just after the mass shooting in Las Vegas.

In the wake of the Las Vegas and Parkland shootings, Americans' desire for stricter gun laws has reached levels not seen since December 1993. The first time Gallup asked this question in September 1990, a record-high 78% wanted stricter gun laws. In the early 1990s, the violent crime rate in the U.S. was at an all-time high -- something the public was well aware of, with more than eight in 10 U.S. adults saying there was more crime in the U.S.

In the mid-1990s, the crime rate began to fall, and Americans' perceptions of crime followed suit. In 1993, the federal government passed the Brady Bill, and it passed an assault weapons ban in 1994. From 1995 to 2011, the percentage of Americans wanting stricter gun laws decreased from 62% to 43%. After the Sandy Hook school shooting in Newtown, Connecticut, in December 2012, 58% of Americans preferred stricter gun laws, though that spike soon subsided. Since 2014, there has been a 20-point increase in support for stricter gun laws, with most of that increase occurring in the past six months.

In addition to the two-thirds of Americans wanting stricter gun laws, 28% say gun laws should be kept as they are now and 4% say they should be made less strict. Both percentages have declined significantly in recent years.

http://news.gallup.com/poll/229562/preference-stricter-gun-laws-highest-1993.aspx
oralloy
 
  -2  
Reply Fri 16 Mar, 2018 09:37 am
@sceletera,
sceletera wrote:
About that compelling reason:
Quote:
It must be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of a large number of individuals, and not violating explicit constitutional protections.

Doesn't apply, given the reality that pistol grips and flash suppressors (and all the other features banned by assault weapons legislation) do not cost any lives.


sceletera wrote:
By banning assault style weapons your right is not taken away since you can still own other types of guns.

That's not how the Constitution works.

It doesn't matter if we can use other guns. It matters that you cannot justify the ban with a good reason.


sceletera wrote:
Those killed by assault style weapons can not own another type of life so they are the ones that are losing a right. It is easy to balance the small restriction of a right with the absolute loss of a right.

Those killed by assault weapons would be just as dead if the gun that killed them didn't have a pistol grip.
oralloy
 
  -2  
Reply Fri 16 Mar, 2018 09:38 am
@sceletera,
sceletera wrote:
Your continued argument from ignorance only shows your ignorance.

No such argument from ignorance. Mischaracterizing my arguments only shows your desperation.


sceletera wrote:
For you to argue that the court rulings are trivia is to argue that the Constitution is meaningless and rights do not exist in a free society.

Nonsense.
0 Replies
 
oralloy
 
  -2  
Reply Fri 16 Mar, 2018 09:44 am
@sceletera,
sceletera wrote:
Court rulings are hardly trivia.

You've openly stated that these court rulings are not being offered as backing for your arguments.

Facts that are unrelated to the subject under discussion are trivia.


sceletera wrote:
Let me explain why court rulings are not trivia.

More trivia I'm afraid, given your statement that your talk about the courts is not being offered as backing for your position.


sceletera wrote:
Your continued calling court rulings trivia or irrelevant diminishes the Constitution.

No it doesn't. I am merely skipping over things that have no bearing on the discussion, and am instead focusing on the things that are related to the discussion.


sceletera wrote:
When you diminish the Constitution you undermine any argument you make about the 2nd amendment since the 2nd amendment is only one small part of a document that you seem to claim is meaningless.

Good thing that I'm not diminishing the Constitution then.


sceletera wrote:
Since the Constitution is the supreme law and since the Constitution states that it is the courts that have the power to decide all legal questions about the Constitution, Court rulings can not be trivia or irrelevant in any discussion of the meaning of any part of the Constitution.

They can be trivia in the context of a debate if they are not being offered in the context of that debate.
oralloy
 
  -2  
Reply Fri 16 Mar, 2018 09:46 am
@sceletera,
sceletera wrote:
This appears to be a variant of an AR-15. As such it can be banned without violating the US Constitution.

That is incorrect. The lack of any good reason to ban it makes such a ban unconstitutional.


sceletera wrote:
This rifle would not have been banned under most assault weapons laws since it didn't meet the legal definition under the law. If you want to make a case that it would be Constitutional to ban it, go ahead. That is the only LEGAL case you are making.

I suspect that he is making a different legal case whether you like it or not.


sceletera wrote:
Your emotional appeal that they are the same gun doesn't play well under the law.

It is very unlikely that the facts that he posted constitute an emotional appeal.
 

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