@oralloy,
oralloy wrote:It IS taking weapons away from wounded warriors.
Sure, but the ones who are deemed mentally unfit, which is a useful distinction for many people.
Quote:As for people who favor civil rights violations, what can I say. Some people are just bad.
I know you'd like to think you own the truth on this issue but the reality is that different people will simply prefer different things here. I don't think that those who value the availability of guns more than I do are necessarily bad or wrong.
Quote:Ideals are subjective I suppose. I think vigorous support for civil rights is ideal.
Not all rights are created equal, I don't personally have a problem with societies that regulate, restrict or ban the use of weapons. I have a mild personal preference for available to the average citizen but highly regulated (e.g. I wouldn't mind if gun owners had to pass a gun safety test to get a license just like car drivers have to).
Quote: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.
I don't think most people will see this as a "civil rights" issue the way you do. Obviously anyone can see anything they want as a civil rights issue, some could even frame gun restrictions about the "right" to live without the threat of guns but ultimately there are no such thing as inalienable rights and all rights are constructs that societies negotiate between their members.
So things will generally go the way of the majority in a democracy and one person doesn't get to dictate what is and is not a right, rights only exist insofar as we are able to negotiate them from the other members of society.
Quote:Nonsense. Not keeping track of your bills doesn't mean you aren't a responsible gun owner.
Not being mentally capable of doing so strongly implies that one is not a capable gun owner. We aren't just talking about "not keeping track of your bills" here. That is a deliberately disingenuous way of putting it. You don't get on a list merely because you didn't keep track of your bills, you get on the list by a court declaring you mentally incapable of doing so.
But I agree that there will be some who end up on lists like this whose mental capacity should not be characterized this way, it is not easy to draw this line.
Quote: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.
It sounds like you are saying that a better list could be made, I was saying that there is currently no such list or legal instrument that is better.
I'm all for making a better list, but understand that sometimes there is only political capital for using an existing one. I would be fine with changing the regulation to only exclude a subset of people who are declared mentally unfit, to a subset who are considered either too dangerous or too incapacitated to be responsible for a weapon (and yes there might be some who are capable of being responsible for a weapon but not their lives, this would solve that rare edge case).
There's no doubt that any such list could be improved. But between nothing and this I prefer this.
Quote: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.
I would be fine spending even more on this than what is proposed, and letting individuals dispute this through some mechanism. I think more of this kind of thing in general would be good.
Quote:Having our civil rights protected by an inflexible Constitution is the way things ought to be.
Even if one agrees with this that does nothing to support any specific constitution, only the general concept of one (whose benefits I understand well).
When debating what should be, the constraints of inflexibility that are useful in a political system is not relevant (except for practical concerns and arguments).
In short, nothing is perfect and the constitution certainly could be even better.
Quote: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.
That doesn't make any sense to me but I understand that it's a common way for the knee to jerk. Not all gun regulation must be a slippery slope to banning guns etc, and reasonable regulation will actually weaken arguments that call for banning all guns.
But hey, lots of political people take the simplistic approach and just double down. The gun control side of the debate does this often too, embracing anything they see as "for" their side.
I find that approach thoughtless and silly but understand that most people take a thoughtless and silly approach to establishing their political positions.
Quote: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.
Not gonna happen, you will not live to see the day that background checks per se are ruled unconstitutional. But I don't say that with any glee, I am not emotionally invested in this debate, I just don't see that in the cards.
Quote: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.
I'm glad you aren't trying to argue that any restriction is unconstitutional. The strength of conviction you have implied as much to me. However if you understand that it is contingent on a subjective interpretation surely you understand that different people will interpret what is a compelling reason differently. I predict that the courts of law and courts of public opinion will differ from yours over the next couple of decades.
Quote: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.
According to
your interpretation thereof, while other constitutional scholars will have their own opinions.
Quote:And don't be so sure that the public shares the Left's dislike of America's freedom. Civil rights are pretty popular here.
"Freedom" means different things to different people, so do "civil rights", these aren't just meaningless labels that you can throw on any of your positions to pretend they are inherently right, what constitutes the freedom that the society desires is itself what is up for debate and you are begging the question by thinking that donning the mantle of "freedom" makes you right.
Quote: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.
I can see cases where I would agree with you and think that someone declared mentally unfit is still capable of being responsible of use of a firearm. Are you capable of seeing the possibilities that many people declared mentally unfit would not be?
None of the links you are citing support your ipse dixit, your interpretation of this specific case falling a certain way. That was my point, that there is no absolute truth that we can consult to determine constitutionality, there are processes and none of them are "just go with what that guy on that internet forum says".
Citing laws and processes will not adjudicate this, which is the point that I was making. You can be as certain as you want that this is unconstitutional but that doesn't matter, you and my opinions on that are just that and don't hold any special weight that settles this issue.