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Gun control debate

 
 
rufio
 
  1  
Reply Mon 19 Jul, 2004 02:40 am
Did you register for a militia? I didn't. Anyway, my main point was that it doesn't even matter if the second amendment is applicable or not.
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Debra Law
 
  1  
Reply Mon 19 Jul, 2004 03:59 am
No need to register!
rufio:

That's the beauty of the militia: No registration is necessary!

If you reside in Colorado, as an example, the State Constitution provides that you are automatically a member of the militia if you are between the ages of 18 and 45:

Article XVII--Militia.

Section 1. Persons subject to service.

The militia of the state shall consist of all able-bodied male residents of the state between the ages of eighteen and forty-five years; except, such persons as may be exempted by the laws of the United States, or of the state.

[Debra's note: The state constitutional provision limiting militia membership to male residents more likely than not runs afoul of the Equal Protection Clause of the Fourteenth Amendment, United States Constitution; there is no rational basis for excluding females.]
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rufio
 
  1  
Reply Mon 19 Jul, 2004 02:28 pm
If the government (state or federal) insisted that I or anyone I know go join and fight in a militia we didn't register for or know about, I'd consider that an erosion of our rights. Wouldn't you? There's enough bitching going on concerning people who actually signed up for the volunteer army that I don't think that would go over too well.

The reason all those state laws were never changed to match things like the Equal Protection Clause was because they ceased to be applicable many many years ago. Unlike other amendments in the bill of rights, the second wasn't reinforced by the supreme court. If it should ever go there, I'm pretty sure it will be declared to be irrelevant to the present situation. The fact that it never has is testiment to the fact that it doesn't need to be.
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Baldimo
 
  1  
Reply Mon 19 Jul, 2004 03:58 pm
rufio wrote:
Baldimo - the founders weren't as godlike as everyone likes to say. The system isn't a perfect counter, and the country isn't a perfect democracy. But the laws were meant to be used against the government, not guns, regardless of how effective they actually are. Frankly, if the US government decided to go to war with the people or a part of the people, there's probably not a lot we could do even if we ALL had guns. Hitler had a lot more weapons on his side than gun control, and in both of those cases, any laws that would have protected the people were already gone or had never existed. Would guns have been effective? Maybe in Rwanda. Probably not against Hitler, certainly not against the US military should it go that way.


This is where gun control comes into play. It starts small and gets larger. Look at the assault gun ban. It doesn't only effect assault weapons but large capacity clips as well. All change starts small and if no one fights it it becomes to large to fight. If we allow limits on guns we will go down a road that we can't come back against.
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Debra Law
 
  1  
Reply Mon 19 Jul, 2004 04:00 pm
"ceased to be applicable"
Rufio:

All persons are presumed to know the law. I'm sorry you didn't know about the militia, but you're not alone in blissful ignorance.

Being a member of your state militia is a right--it's not a burden. If, however you feeled burdened, you may apply for an exemption. Until then, however, if your state is invaded, you will be expected to pick up your arms and defend your neighbors.

The existence of a volunteer army at the federal level has nothing to do with the existence of a militia in every state. Our founding fathers were extremely protective of state rights and most fearful of too much power being placed in the hands of the federal government. The existence of a militia in every state was considered the last line of defense (in the event political diplomacy failed) against oppression and tyranny. Heed your history lessons. Don't shoot in the dark--APPLY your history lessons to attain understanding.

When the constitution ceases to be applicable and becomes as irrelevant as you claim--then we are no longer free persons--we will be slaves to our ignorance and apathy. The adverse consequences to individual rights will be staggering.

But, if you don't know any better, ignorance will be your strength (just ask Winston Smith).

HAIL, Big Brother: War is peace. Freedom is slavery. Ignorance is strength.
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extra medium
 
  1  
Reply Mon 19 Jul, 2004 05:23 pm
Drinking and Shotguns in Your Pants Don't Mix:
http://www.msnbc.msn.com/id/5431787/
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extra medium
 
  1  
Reply Mon 19 Jul, 2004 05:25 pm
Drinking and Shotguns in Your Pants Don't Mix:
http://www.msnbc.msn.com/id/5431787/
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rufio
 
  1  
Reply Mon 19 Jul, 2004 05:57 pm
Baldimo - personally I don't think we should make laws about what people can own, and only what they can do with what they own. But I don't know how much of a difference guns would make anyway, considering the number of people who actually know how to use them and how centralized and entrenched the government is now. We should be worrying about the rights that would actually make a difference going away. I'm in favor of allowing gun ownership simply because I like being able to own what I want to own. That's all, really.

Debra - the constitution is not irrelevant, but having militias as a last line of defence against our own government is pretty naive. If you want to try and argue that the second amendment gives you the right to a gun as opposed to private property laws, go ahead, but don't expect it to get very far.
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TLomon
 
  1  
Reply Mon 19 Jul, 2004 06:01 pm
A very interesting debate. Friend of mine referred me here, so excuse the first post. I am currently in Colorado, so some issues are a sensitive nature to me.

Several things to consider on this topic.

1) First, if guns were outlawed, only outlaws would have guns.
2) Gun accidents involving children are at record low when comparing year 2000 to previous years. Sorry, can't find numbers from after that at the moment.
3) People argue that Columbine HS could be avoided by additional gun control laws. The people involved had already violated 20 laws (not including murder). How would more laws change that?
4) Guns are used in self-defense more then 2 million times a year, which is 3 to 5 times the estimated number of violent crimes involving firearms.
5) A majority of weapons used in violent crimes are gained illegally.
6) Studies of crimes overseas has shown there is no direct correlation to the availablility of weapons to violence. In facts, several counties with more liberal laws involving firearms have significantly lower crime rates.

The laws aren't broken. It is the enforcement of the existing laws that is a problem.

However, on a completely different note... I would love a world where everyone walked around with rapiers again. Viva the three musketeers. Oh wait... they used guns too.
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Foxfyre
 
  1  
Reply Mon 19 Jul, 2004 06:16 pm
Welcome to A2K Tloman.
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Debra Law
 
  1  
Reply Mon 19 Jul, 2004 11:34 pm
pretty naive
rufio wrote:
Debra - the constitution is not irrelevant, but having militias as a last line of defence against our own government is pretty naive. If you want to try and argue that the second amendment gives you the right to a gun as opposed to private property laws, go ahead, but don't expect it to get very far.


rufio:

Please note and reference as a starting point: I responded to YOUR arguments. You are the one who has continuously argued that the Second Amendment is inapplicable and irrelevant. You are the one who based your argument on the faulty premise that state militias no longer exist.

I simply gave you a brief history lesson. I might be naive in hoping that planting a factual seed into your reading material might be fruitful, but I accept that it was futile because you still do not understand core principles of law.

All laws exist within a pecking order. The United States Constitution (including the amendments) is the SUPREME LAW of the land. The Constitution preempts all other laws. Any other law that conflicts with the Constitution is "unconstitutional."

If we can't agree on that most basic premise, we need not go any further in discussing the issue of gun ownership or control.

rufio, you are the one who said this: "If you want to try and argue that the second amendment gives you the right to a gun as opposed to private property laws, go ahead, but don't expect it to get very far."

Do you see the flaw in your argument? It is pure ignorance for anyone to proclaim that a mere "private property law" can trump the Second Amendment or any other provision in the Constitution. It cannot. No mere state or federal law can ever trump the Constitution--the Constitution is supreme.

If you are debating with a third grader (or Arnold Schwarzenegger), you can probably pull the wool over their eyes with your leaky arguments, but you can't make those same arguments here because most of us know better.
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rufio
 
  1  
Reply Tue 20 Jul, 2004 03:55 pm
It's not a matter of private property laws trumping everything. If the supreme court never upholds the second amendment in court, it never functions as a law, and is therefore never relevant in a practical sense. If it ever came to the supreme court, it would probably be overruled. And yes, whatever the supreme court says goes - that's their job. We shouldn't be using the second amendment to prove anything.
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Debra Law
 
  1  
Reply Tue 20 Jul, 2004 04:10 pm
apathy
Both state and federal governments have extensively regulated the keeping and bearing of arms, but our government representatives have never abolished the keeping and bearing of arms. What do you think stops the government from going that far?

Before you reaffirm your argument that the Second Amendment "never functions as a law" and is "never relevant in a practical sense," think again.

And while you're thinking things over, think about your apathy. If you are content with the government chipping away at individual rights that are supposed to be secured by the Second Amendment--what other rights are you content to lose bit by bit over the next century?
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roger
 
  1  
Reply Tue 20 Jul, 2004 08:48 pm
Oh, let him think the Supreme Court can declare the whole constitution unconstitional, for all I care. This one is getting depressing.
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stuh505
 
  1  
Reply Wed 21 Jul, 2004 09:38 am
agrote wrote:
If somebody locked themselves in a padded room, with plenty of food and water, before shooting up, they would be no risk to others. obviously this is a ridiculous idea, and nobody ever does this, but it is POSSIBLE - it is possible to take heroin once and be safe about it. But of course heroin is dangerously addictive, and is therefore illegal, even if one person in a million might use it very safely. The purpose of this analogy is to show that guns, though it is possible to use them for legitimate reasons such as shooting bits of paper for fun, should be illegal (though perhaps not to scientists studying ballistics) because they are dangerous killing machines, just as heroin is a dangerously addictive drug. If you agree that heroin should be illegal, despite it being possible to use it legitimately, then what is the problem with illegalising guns?


Like I already said, I do not agree that heroin CAN be used legitimately, because it is addictive. So even if they locked themselves in a padded room, then it could cause them to become addicted, and they would potentially not be able to control themselves from taking MORE of it when they were NOT isolated and then hurt other people without intending to.

agrote wrote:
No, guns are not Swiss army knives. They only do one thing - shoot bullets. you can use them to scare away muggers, or hunt duck, or shoot pieces of paper, but these all involve either shooting to kill something, pretending to shoot to kill something, or threatening to shoot to kill something. They only have ONE function! It's like telling me a glass has a number of different uses - you can use it to drink water, or drink beer, or wine, or use it to carry water from one place to another, etc. But really all a glass does is carry liquid. Equally, all guns do is shoot bullets.


Knives have 1 function: cut. Cutting has many purposes. Guns have 1 function: shoot bullets. Shooting bullets has MANY purposes also. There are many VALID reasons to kill, and many valid reasons to kill other people even. But the gun does not kill anyone by itself. In order to kill another person, someone must load it, point it at a vital organ, and fire. The gun is not evil. A gun simply launches a projectile. An arm can launch a rock, which is a projectile, and could also kill someone. Guns also actually have more functions than just shooting, some people use them for display.

rufio wrote:
Sure, preventing guns (if done successfully) would prevent all gun homicides. But even if that could be done, how would you prevent all other homicides? You can't ban everything, and anything can be misused. Why do you think people don't get murdered with kitchen knives all the time? I know what you're going to say. Because we have guns, which are so much easier. But everyone owns a kitchen knife, they wouldn't even have to steal one. You can buy one for not terribly expensive, and a lot less effort.


Yes, I agree with you. But do not overlook the fact that people are not always rational, and in a temper, they might decide they want to kill someone that they don't want to actually kill and will regret. Murduring someone with a gun is LESS personal than murdering them with a knife in which you have to stab and fight and get bloody. So someone who is LESS sure that they want to murder could still commit murder with a gun when they would not do so with a knife.

naj wrote:
On the one hand, I don't like the idea of everyone owning a gun one bit. I'm most definitely NOT for unrestricted access to guns.


I agree, it would be scary. However, guns are already restricted well enough I think.

foxfire wrote:
New Mexico has always had an open carry law - you can wear a pistol just about anywhere other than into a courthouse or school building and a few other specifically restricted areas. Yet because of the social stigma attached, virtually nobody other than law enforcement officers actually wear a gun on their hips in public here. You could legally carry a handgun in your glove compartment or keep one in your desk drawer but, until last year, you could not carry a concealed weapon in your purse or on your person.


In Vermont, anyone can carry a handgun concealed without a special license. But almost nobody does.


I don't have time to respond to the rest right now
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