@oralloy,
Oralloy
The Heller case decision clearly states that “the Second Amendment rights are not unlimited.” “It is not a right to keep and carry any weapon in any manor whatsoever for whatever purpose.” One of the cases the court used to anchor their opinion was the United States v. Miller which “prohibited the carrying of dangerous and unusual weapons.” The Heller case speaks to being able to register a handgun and a requirement for a gun lock or dissemble in the home but clearly establish the right of government to ban dangerous and unusual weapons such as the AR-15.
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I took law classes from two different universities. Law was not related to my major or minor but as a union president a basic understanding of the law was advantage. In arbitrations I was always up against a city attorney. Though the city attorneys had a better understanding of law overall, I often had a better understanding of labor law. I won the vast majority of my cases even when I was in my twenties. The next two cases you list are 18 century English cases. A case in England cannot be used to build a right in America any more than a case in France could be used to the same.
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The law is based on common sense. The test being what would a reasonable man do? The NRA lobby has completely distorted that concept by flooding the streets of America with weapons of war. There are over 8 million AR-15 style weapons on the street of America and a million a year are sold during some years.
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The four cases you list are from England Courts in 1700s and 1800s can you even imagine the level of education in that time period. Do you think we should be bound to ignorance and have to stand idly by and watch on the evening news as our children are slaughtered because someone with a first or second grade education mandated it 200 years ago? A case in England cannot be used to build a right in America any more than a case in France could be used to the same. that hold no more
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Oralloy, do you have any idea why America fought the Revolutionary war? It is because we did not want to be subject to the laws of the King of England. When America got its independence, we were free to pick and choose which laws we would accept and which we would reject. Some of America laws have a bases in English Common law and some laws are handed down from France. Those court cases are no more relevant than the British tax on tea. Any attempt to manufacture a right from 18 century common law court cases is futile. His would be like using cases in city court to give people a “right” to own atomic weapons. America fought the revolutionary War to be independent of England not subordinate to England.
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When the assault weapons were banned in 1994 the second amendment was in place. In the Heller case decision, the judge clearly states that “The second amendment rights are not unlimited.” “It is not a right to carry any weapon in any manor whatsoever for whatever purpose.” In that decision the NRA won the battle but lost the war. They can register hand gun in Washington DC and don’t have to have gun locks so their children can blow their brother brains out but according to that decision assault weapon ban is legal. The court affirmed that the second amendment rights “are not unlimited.”
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Commonsense, let’s talk about common sense, oralloy. Do you know why all professional school shooters prefer the AR-15? The AR-15 does the maximum amount of damage to human body far more than other guns.
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“AR-15 inflict far more damage to human tissue than typical handguns, which are used in most shootings. That is largely because of the speed at which projectiles leave the weapons; they are much faster out of the muzzle of an AR-15, or similar rifle, and deliver a more devastating blow to bones and organs. Those projectiles are also far more likely to break apart as they pass through the body inflicting more damage.”
From an Internet article entitled: “America’s Rifle Why So Many People Love the AR-15”
Source NBC
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Killing 20 first graders for fun and sport is an even better reason then yelling fire in a theater.
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Oralloy, if you read the 1994 assault weapon ban you know that a pistol grip alone was not a reason for the ban. Now if you had a folding stock and a pistol grip or a grenade launcher, or a pistol grip with a bayonet mount, that was grounds for the ban.
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There never was any law against pistols grips by themselves just the combinations were banned. Pistol grip were not the real problem as long as you stayed away from grenade launchers, bayonet mounts, and folding stocks.
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I repeat pistol grips are legal combination are illegal.
One of the primary purposes of government is to protect the population both from without and within. The AR-15 was developed in 1950 as a civilian gun by a start-up company named Armalife it was so superior to anything being used on the battle field it was soon bought by Colt which made the military version the M-16. The US military needed an assault weapon that would provide the maximum number of kills. I mistakenly believed the M-16 was developed before the AR-15. The AR-15 is very lightweight compared to other guns and when you have a lot of killing to do you don’t want your arms to be tired.
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You’re wrong you have no right to a weapon of war. I may have missed it but I don’t remember a school shooting in the last 500 years with an English longbow. While putting another arrow in your bow your targets would scatter and they are not much good for shooting down doors.
Words have a specific definition for a reason. If the city where you lived confiscated your guns and you went to court argued that your civil rights were violated the city would still have your guns. In a court of law terminology is extremely important. Base your case on the wrong law and you lose.
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You need to read the assault weapon ban it even provides pictures of banned weapons. The assault ban was extremely specific listing the manufacturer and model numbers of banned guns.
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The NRA is the Gun Manufacturer’s lobbying arm in Washington they serve the self interest of the gun manufacturer. They are not concerned in the least about civil rights or they would be concerned about 50,000 Americans that are killed every year with their guns. They have only one reason to exist and that is to sell death.
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No, the assault weapon ban was very specific many of the guns were foreign and they could no longer be imported but the one gun that is most responsible for mass murder was not banned. The AR-15 evaded the ban and that is why so many children have been shot with it. How much money do you think changed hands to beat the ban with other similar weapons were banned?
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I know of no one shot with a pistol grip but then pistol grips were not banned.
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I don’t know whether you get the concept or not but there are state laws and federal laws. The Thompson law is federal and states are bound by federal law they can be stricter but all states are subject to federal law. If Thompson submachine were legal we would have hundreds of wannabee Bonnies and Clydes running around shooting up gas stations.
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I don’t think I have seen a crime committed with a Thompson since the 1930s there must be reason. Why wouldn’t professional school shooters buy a Thompsons in those states they were legal instead of AR-15s? No school shooter has ever used a Thompson submachine gun.
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I know from posting that you think you can go to laws of other countries and claim that if the other country passed a law or foreign court decided a law in favor of someone that it gives you that right, it does not. The reason for American independence was so we would decide what law we would live under.
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You simply can’t claim what is not yours by birth or country.
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We broke away from England for simple reason we did not want to follow their laws. When we broke away we stopped and started writing our own. Are you saying we have to follow all of the English law’s or just the ones you cherry pick?
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A good reason to limit a right, how about a stack of dead bodies from here to sky?
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Common sense is the very foundation of our legal system. The NRA which constantly claims that the reason is so people can overthrow the government if it does not suit them is nonsense as a few farmers with guns would defeat the world’s strongest army.
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I think there is no doubt that the Cruikshank case fabricated rights. It fabricated the right of white men to kill 280 unarmed black men. No such right existed prior to that ruling. That ruling was responsible for 1,000s of killings in south in the years to come. Blacks could be killed on main street in front of crowd of 50 people and no one would ever be punished. You know what they say about the fruit of poison tree.
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It is the old problem of whether the glass is half full of half empty. You can look at second amendment as granting a right or restricting the rights of the Federal government but either way it does not grant an unlimited right to future technology.
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The M-16 was derived from the AR-15 because it’s destructive power exceeded the state of the art weapons of war. Thee destructive power is derived from the velocity from the barrel. How many times can you pull a trigger in a minute. In a minute I can pull a trigger 106 times. With practice I could pull it at least 200 times. A full automatic would make very little difference to a practiced shooter. The AR-15 was designed for mass murder. Once a few parts are exchanged the AR-15 becomes a full automatic. Do notice the number of kills continues to grow. School shooters are evolving and it is only a matter of time before one going for the record shows up with a fully automatic AR-15. In fact, the shooter in Las Vegas set a new record taking advantage of the automatic feature by using a bump stock.
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The pistol grip was not the problem you could buy it on a BB gun. The combination was the problem.
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Colt started with the AR-15 changed a couple of minor parts to create the M-16. If you bought a new Ford that did not have automatic windows are you going to tell me the same model with automatic windows is not a Ford?
The country has not had one mass murder at a school with English longbow. The deer on the other hand might have a problem with it. _________________________________________________________________________________
The problem we are having with the AR-15 is just now evolving to full automatic with the bump stocks. The use of a bump stock does not require anyone with mechanical ability. The gun becomes fully automatic because it is designed to shoot that way. Courts decisions are clear the government can decide which weapons are legal. The parts for the conversion are available mail order. The only problem is that all the parts for the conversion can not be bought from the same place. Two separate orders must be placed to two different dealers but why bother when you can buy a bump stock?
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Anybody that doesn’t believe that the NRA is not a gun manufacturer association should ask to see where the billions of dollars spent on elections comes from. It didn’t come from yearly membership dues. The NRA spent $24 million on the presidential race in 2016 alone. Wake up and follow the blood-soaked money it did not fall from heaven.
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The NRA is spending billions in political donations to crooked federal, state, and local politicians The NRA buys huge chunks of TV time. They ran ½ hour infomercials several times before the 2004 election and all the local gun nuts were running around shouting the sky is falling. That money comes directly from the gun manufacturers.
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The gun manufacturers may also be represented by NSSF. Did the NSSF spend $24 million in the last presidential election? How many politicians are endorsed by the NSSF? Everyone knows who is endorsed by the NRA.
The assault weapons are priced up to $2,000 and they are the most profitable guns sold by gun manufacturers. Never ever underestimate self-interest as a motive. The gun manufacturers might need to deny it in case of the coming lawsuits and need an outside organization they control like the NRA to push their agenda.
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There is no way you can deny they are a merchant of death. Fifty thousand die from guns each year most them are the gun owner (suicides, or being shot with the gun they supplied) or family members of gun owner shot accidently or on purpose. If that ain’t selling death I don’t know what is.
If I replace the parts in an AR-15 to make it fully automatic it will not go to court house and changes its name it is still an AR-15.
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If the AR-15 is no more dangerous than other semi-automatics why do professional school shooters prefer it 99 to 1?
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Read the 1994 assault weapon ban you have absolutely no clue.
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The AR-15 was such an efficient killer of men that it outclassed every other weapon of war on the planet and the US military modified to make it even more efficient. Everything about the M-16 is AR-15 with only slight modifications.
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One of the features the assault weapons ban concentrated on was high capacity clips some held a hundred rounds. Where would these be used? In a wars and school shootings. Do you consider those cosmetic? I can assure no self-respecting shooter is going into a school with a six-round clip?
If you had a semi-automatic that had a six-round clip and it took a minute to chamber those rounds it would not be used in school shootings.
You would have no problem buying a pistol grip as long as you could do without a grenade launcher.
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I looked at the pictures of the banned assault weapon and they are some of the most dangerous guns in the world. The original patent on the AR-15 has expired and copycat weapons are being manufactured all over the world and imported into the US.
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There is a reason that English longbows are not used to fight wars today. A man with a rock would kill you before you could bull back the bow.
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Eugene Stoner, the designer of the AR-15, showed the military that he could design far more effective at killing people than anything they had.
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There is a big difference between a mechanical object such as a gun and freedom of speech. Mechanical objects evolve. The freedom of speech however is much the same as it was during 1791.
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There is no state where you can buy a howitzer because it is prohibited by federal law.
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It has everything to do with technology as new technology comes along we must decide where to draw the line. No doubt guns will continue to evolve one day guns may not fire bullets but focused light that can cut a person in half in less than second. A school shooter may be able to use laser beam to kill 500 people instead of 17. The NRA will claim it is great for target practice. A decision will have to be made as where to draw the line.
Wire tap problems are problems in philosophy which extend the right of privacy into new technology.
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Wire taps don’t kill school children, Guns on the other hand are far more dangerous than they were in 1791. There were no mass murders of school children in 1791. The government is tasked wit a duty to protect the children and it fails when it allows weapons of mass destruction on every street corner.
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Pistol grips are not the problem they don’t make the high-powered bullets and muzzle velocity that shatter the ribs.
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A pistol grip does not an assault weapon make.
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There is a difference in speed of cars, my wife’s Rogue might make a 100, my 370z will do a 153. Semi- automatic will not all chamber rounds at the same speed. A $2,000 AR-15 will chamber rounds much faster than semi-automatic rifle because it is state of the art.
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Something changed the machine guns disappeared overnight.
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When I see a school, shooting done with a Thompson I will believe that are readily available on the street.
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English longbows are obsolete as weapons of war.
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Oralloy, do you not understand this problem is getting worse and is accelerating. There will be far more school shooting and the number of students killed will get higher. There are at least a million potential school shooters out there the majority will never act on their impulses. The shooter in FL had carefully studied other school shootings so he would not make the same mistakes. By studying the other school shootings, he knew he had to have an AR-15 to pull it off. These professional school shooters are very professional.
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The courts did not strike down the 1994 assault ban and they will not strike down the next one either.
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All semi-automatics may operate on the same principal but not at the same speed.
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Assault weapons and high capacity clips are the targets hunting rifles with small clips will escape the ban.
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The shooter in FL used 30 round clips if you can’t hit a target with deer 6 rounds someone should take your gun away.
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The second amendment gives you a right to bear arms not to a 30-round clip.
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I don’t know that any of the AR-15s used in the school shootings had a pistol grip.
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Previous shootings have caused outrage that did not last but each shooting has caused the outrage to increase at a geometric rate and the affects of this shooting is for the first time showing Republican politicians to jump ship as well as mega Republican donors.
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Orally if history has taught us anything it is that anybody can kill anyone. It would be easy to be waiting outside and when store closed open up on him with an AR-15 you could put 30 rounds in him before he got his hand in his pocket. That is the problem with gun you might own a thousand but they won’t protect you if someone is determined to kill you.
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We have went from shooting in post offices, to work places, to restaurants to school shooting. The solution may come to shootings when the NRA holds meetings. That would give the NRA a brand-new point of view if the shooting happened to them on a regular basis.
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If you know the true history of Vietnam you know the French were exploiting them. The French were shipping all the food out of the country while the people starved to death. Initially Ho Chi Minh tried to enlist the help of the United States before accepting the communists. The domino theory was just that a theory that history proved wrong but a good portion of a generation was killed for nothing and the slaughter would have continued.
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Those bratty kids are on the verge of being very politically active adults. If you spent four hours hiding in closet thinking you were going to be killed any minute it would change priorities.
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In our society they call them enablers and they are more at fault then the ones that pulled the trigger. The bill boards in Kentucky is expressing the sentiments of many Americans.
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The NRA is an organization that spreads death throughout America.
If a guy tells you he must have gun because he is afraid his house might be broken into, or someone is out to get him. It says it all.
The Olympic biathlon medalists acquired their interest in guns much earlier and probably for the same reasons.
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Their fear is so all consuming they will put their family lives at risk. I worked with guy who went on vacation. He got a call his son committed suicide. When he got home he had to scrape his son’s brains off the ceiling. No gun, no suicide.
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Statistics show that is who is most likely to be killed. The husband and the wife get in a fight and in anger one shoots the other to end the argument. Your teenager comes in late and they think he is a burglar he is shot and killed. Guns are unsafe at any speed.
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Rubio was one of the first to change his mind. Kasich and Rubio were both Republican presidential contenders. As the heat is turned up more will shun the NRA. Rubio was asked if he would continue to take the NRA blood money at a public meeting by a survivor of the FL shooting. He could not stutter fast enough. He has taken 3 million dollars.
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You cannot stretch the 2nd amendment to cover all the technological developments in the last 200 years.
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The NRA would have used all of their best attorneys in attempt to overturn the 1994 ban and they could not.
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Lots of mechanical operations require holes be drilled in a precise place. Some car accessories require up to twenty holes. If you miss you have trashed a $20,000 car they are not marked either. That is a pretty common skill.
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The parts are available.
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Someone built the AR-15 and that is a big thing now many people are building there own AR-15 by ordering parts on line. The people building their AR-15 have no obvious skills. One guys wife was even building one.
Sorry there is no propaganda the Republican blockade was widely reported at the time. The NRA was the very least of Obama’s troubles.
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The NRA could not stop a bus let alone Obama. The NRA has a very narrow focus and can affect only gun legislation.
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There are a few Democrats who take the blood money from the NRA but they will not survive the next election. They are closet Republicans.
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Their may be plenty of Republican donors but very few mega donors and when the stampede starts you better not get in the way.
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When you get social security for mental illness that is the reason you get social security.
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These people cannot be trusted with their own money. This is what gives the NRA a bad name.
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Anyone that doesn’t believe that Trump is not the world’s greatest liar is just not right. First Trump said he thinks school teachers should be armed a day later he denies it the day after that he proposes it.
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The order target people who got social security for mental illness and mental defect. One them will be coming to your neighborhood with his new AR-15.
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You may not lie in your mind but you can convince yourself that reality isn’t reality.
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When you put guns in the hands of people who are not competent to handle a dollar there is no way it won’t bite you.
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Frequent mass murder is not a trivial issue asked anyone of those children who called their parents to say goodbye as that AR-15 was killing people in the background. The problem will not go away until the guns go away and right now that is by far the most important political issue in America.
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The fact the mentally ill are less likely to be violent is the scary part because that means the shooters are sane and much more likely to do long range planning and learn from the mistake of other school shooters. The NRA spokeswoman just says the guy was nuts to shift the blame. No mass murder has ever been found innocent by reason of insanity. There are people who just enjoy killing people it makes them feel powerful and many experience a sexual high when killing.