@Robert Gentel,
Robert Gentel wrote:Many people would want these people to not have access to guns but when you describe it as "disabled veterans" these people don't come to mind and it sounds like taking weapons away from wounded warriors etc.
It IS taking weapons away from wounded warriors.
Well, it was. Now it is taking guns away from a much larger swath of law abiding citizens.
As for people who favor civil rights violations, what can I say. Some people are just bad.
Robert Gentel wrote:So? That you are describing it accurately doesn't mean your position on the matter is the ideal one.
Ideals are subjective I suppose. I think vigorous support for civil rights is ideal.
Robert Gentel wrote:And given that most people don't want these people to have weapons they will likely be restricted from them.
Has it been established that most people want to violate the rights of those who can't manage their finances? I'm expecting widespread outrage among those who value freedom.
But assuming for a moment that the majority hates our freedom, the majority is trumped by the Constitution. If the majority wants to violate people's civil rights, the majority loses.
Robert Gentel wrote:most people mentally unfit to manage their finances are mentally unfit to be wielding a weapon.
Nonsense. Not keeping track of your bills doesn't mean you aren't a responsible gun owner.
Robert Gentel wrote:I'm sure that there are some people unjustifiably on such lists and yada yada yada but there is not a better, more accurate list upon which to base such gun regulation.
Sure there is. The proper list of people who shouldn't have guns is: those people convicted of dangerous crimes in a court of law and those people who have been deemed a danger to themselves or others by a court of law.
The key points are that people are judged as individual cases, and they are given a fair hearing (with a defense) in a court of law.
Robert Gentel wrote:I am not big on constitutional arguments because I am more interested in arguing what things ought to be, not what things are.
Having our civil rights protected by an inflexible Constitution
is the way things ought to be.
But this justifies my previous position that the entire background check system needs to be weakened and opposed. It is no longer being used as a way to bar dangerous people from having guns. The Democrats are now using background checks as a weapon against the American people themselves.
Robert Gentel wrote:But even then I think your statement is yet another minority opinion and that both legal courts and the court of public opinion will not interpret the constitution this way.
Actually quite a few Americans value America's freedom and civil rights quite passionately.
It seems unlikely that the courts will overturn a couple centuries worth of civil rights jurisprudence just because the Democrats don't like civil rights. It may well be that the Supreme Court will punt on the matter and refuse to hear the case though, at least until the Republicans pack the court with a bunch more conservative judges.
Luckily that should happen soon enough. Mr. Obama already wrecked his second term with his silly gun control nonsense, and now the Republicans are virtually guaranteed to win in 2016. I expect that 10 years from now we'll all be referring to Justice Scalia as "one of the old moderates".
Likely the first to go will be the Roe v Wade/PP v Casey stuff. The pro-lifers are a big part of the Republican base after all. But I'm expecting that after that we'll see a whole bunch of unconstitutional gun laws struck down.
Background checks might have once passed muster. But now that they are a weapon against the freedom of the American people, likely not.
Robert Gentel wrote:The notion that any restriction at all to the second amendment right to guns is unconstitutional is not one that is going to prevail in courts or in public opinion no matter how strongly you hold it and advocate for it.
I'm not arguing that
any restriction is unconstitutional. The rules are that a restriction impacting people's Constitutional rights can only be for a compelling reason, and it must be limited in scope to so that its impact is minimized.
Since there is no valid reason for barring guns from people who can't manage their finances, such a restriction fails the rules that American courts have used for centuries when dealing with the vital rights of Americans.
And don't be so sure that the public shares the Left's dislike of America's freedom. Civil rights are pretty popular here.
Robert Gentel wrote:If they can't keep track of their bills and lack the mental capacity to represent themselves then they likely lack the ability to be responsible for a firearm, both in securing it and in its reasonable use.
That is preposterous. Especially regarding reasonable use.
Here are the standards that the courts use to determine if a law that impacts civil rights is allowed:
http://en.wikipedia.org/wiki/Strict_scrutiny
http://en.wikipedia.org/wiki/Intermediate_scrutiny
http://en.wikipedia.org/wiki/Rational_basis_review