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What do you think of the gun control Obama is proposing?

 
 
Finn dAbuzz
 
  0  
Reply Thu 7 Jan, 2016 11:23 pm
@Baldimo,
Baldimo wrote:

But according to yours and Obama's, logic if we can keep one more citizen alive, then we should do whatever it takes. That means to keep illegal immigrants from killing another US citizen they should all be shipped to their home countries. It will keep more Americans from getting killed, the ends justify the means.


I raised this inconsistency before as it respects Syrian immigrants and no one who is sympathetic had coherent response. It doesn't mean one doesn't exist, just that no one here offered it if it does.

No one can say with certainty that absolutely none of the 10,000 Syrian refugees to be allowed into the country will not turn out to be terrorists. I can't put a % the chances of one being a terrorist but they are certainly not zero. President Obama has it in his power to possibly save at least one person from being killed by a terrorist coming to the US with Syrian refugees by refusing to take any at all, but he won't.

No one can say with the certainty that the new measures proposed by President Obama will ever save any American lives, not even one, but he insists they are worth putting in place because they could save even one life. This is an exaggeration of their effectiveness. All they can do is minimize a risk and by a very tiny factor.

So actually, if he is all that concerned with preventing one possible American death, he has a better shot at it banning Syrian refugees.

It's a stupid measuring stick because there are all sorts of lives that could be saved through draconian measures that will never be implemented because no one would find them tolerable and they would grind the world to a halt, so clearly saving just one life is really not that important a goal.

Obama uses it because he thinks it makes a persuasive case. Who is going to say "Keeping gun ownership free of additional restrictions is worth an American life."? (Even though we all tacitly acknowledge everyday that there is a limit to the restrictions we will endure even if they will save an American life)

However, since he's using the sly tactic there's no reason why it shouldn't be used against him and so anyone who is against allowing 10,000 Syrian refugees into the country should continuously ask him if those refugees coming to this country is worth the life of an American. The MSM won't, but anyone else who has the opportunity should.

oralloy
 
  -1  
Reply Thu 7 Jan, 2016 11:40 pm
@FBM,
FBM wrote:
You have yet to establish that as a fact,

Come on now. You just posted your agreement with the plot to violate the civil rights of large swaths of Americans. Questioning the existence of the plot is silly.

And in any case, I did in fact provide proof of what the Democrats are doing. See this post here:
http://able2know.org/topic/307925-2#post-6103409
FBM
 
  4  
Reply Thu 7 Jan, 2016 11:47 pm
@oralloy,
oralloy wrote:

FBM wrote:
You have yet to establish that as a fact,

Come on now. You just posted your agreement with the plot to violate the civil rights of large swaths of Americans. Questioning the existence of the plot is silly.


Oh, well, since you're not using empty rhetoric anymore, I have no choice but to crumble before the force of your impeccable logic.

Quote:
And in any case, I did in fact provide proof of what the Democrats are doing. See this post here:
http://able2know.org/topic/307925-2#post-6103409


No matter how much spin you put on it, the information in those links do not prove what you claim it proves. That's what the debate is about, remember? There's the news and there's your spin/interpretation of the news. I don't deny the news, I deny that you've proven your spin/interpretation to be factual.
Finn dAbuzz
 
  0  
Reply Thu 7 Jan, 2016 11:56 pm
If you don't trust this president in general, then you are not likely to trust him in regards to gun control. We know he would like to see private ownership of firearms greatly reduced, if not banned altogether, since he has pointed to Australia's gun laws as a model for civilized nations. We also know that despite numerous admissions in public that he did not have the power as president to unilaterally defy the will of Congress and extend effective amnesty to illegal immigrants he went ahead and did just that. It would already be a done deal if the courts had not blocked his efforts.

Obama is not the first politician to lie to people about what he will and will not do or even what he has done (We all remember the Lie of The Year: "If you want to keep your doctor, you can"), but when an issue like this one comes up, where we know he wants much more that it appears he is trying to accomplish, his past difficulties with the truth are brought to the present for those who are very concerned about this issue.

Now people who are in favor of much stricter gun control and even an outright ban aren't going to concern themselves with whether or not he is telling the truth that he only wants to make some minor changes to tighten things up; in fact, they may very well be hoping or assuming he is lying just as many did when he first came out against same-sex marriage.

On the face of it, his proposed changes seem so unremarkable that it is surprising that he isn't getting more flak from liberals, however as I don't own a gun nor have I ever attempted to buy one, I'm not familiar with all the details of gun control laws. So I tend to think that if people who I believe are well informed on this subject are concerned, there probably is some reason to be.

The devil is always in the detail because if mischief is to be done it will be at that level.

I will say that I am not all that sanguine about talk about how the government should do more about keeping the guns out of the hands of nuts because the definition of who is nuts is hardly clear cut and universally agreed upon. If, as Robert has suggested, prohibition of gun ownership in the case of mental illness was limited to those individuals who have been committed to a mental facility through a court process, I might have far less trepidation, but the involvement of the government in our private medical records is a very slippery slope whether one favors such arguments or not. It is precisely the sort of fertile ground for abuse that corrupt, power hungry politicians and official love to till. We have rather strict medical record privacy laws because the potential for abuse (by anyone) is recognized.

It seems to me that these proposals are simply a means by which Obama can check off a box relative to his legacy and possibly offer Democrat voters something to think well of their party for come election day...but I wouldn't put it past him to have something up his sleeve.

oralloy
 
  -1  
Reply Fri 8 Jan, 2016 12:01 am
@FBM,
FBM wrote:
Oh, well, since you're not using empty rhetoric anymore, I have no choice but to crumble before the force of your impeccable logic.

I never use empty rhetoric.

Your choice is to either support civil rights or oppose civil rights (neutrality is an option too I guess).


FBM wrote:
No matter how much spin you put on it, the information in those links do not prove what you claim it proves.

More silliness. You recently stated your agreement with a post that attempted to justify the civil rights violations.

And the links very much prove that the Democrats started their plot by blocking disabled war veterans from buying guns if they cannot keep track of their bills, and now they are expanding their plot by blocking disabled people in general if they cannot keep track of their bills.
FBM
 
  3  
Reply Fri 8 Jan, 2016 12:09 am
@oralloy,
oralloy wrote:

I never use empty rhetoric.

Your choice is to either support civil rights or oppose civil rights (neutrality is an option too I guess).


Horse hockey. You don't get to make the rules about what other people's choices are, and over-simplifying a complex issue is a logical fallacy. Try to construct an argument without logical fallacies, then you might get taken more seriously.

Quote:

More silliness. You recently stated your agreement with a post that attempted to justify the civil rights violations.


Only if we use your twisted definition.

Quote:
And the links very much prove that the Democrats started their plot by blocking disabled war veterans from buying guns if they cannot keep track of their bills, and now they are expanding their plot by blocking disabled people in general if they cannot keep track of their bills.


You'll excuse me if I'll wait for the SCOTUS to issue a ruling, rather than a random character on the internet who apparently doesn't know how to construct valid logical arguments.
Robert Gentel
 
  4  
Reply Fri 8 Jan, 2016 12:10 am
@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?

Quote:
Robert Gentel wrote:

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


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.
oralloy
 
  -1  
Reply Fri 8 Jan, 2016 12:12 am
@Finn dAbuzz,
Finn dAbuzz wrote:
On the face of it, his proposed changes seem so unremarkable that it is surprising that he isn't getting more flak from liberals,

I don't think you understand what Mr. Obama is doing. He started off his first term by adding disabled war veterans to the list of people who are prohibited from owning guns, if those veterans are unable to keep track of their own finances.

Now he is expanding this outrage to disabled people in general.
Finn dAbuzz
 
  0  
Reply Fri 8 Jan, 2016 12:16 am
@Robert Gentel,
Robert Gentel wrote:

The people on the no-fly list not being able to fly seems like a much bigger infringement on their freedom than not being able to buy guns to me, but thanks for answering.


Which is why the no-fly list need to be completely re-examined and not be used to unjustly infringe further on Americans' freedoms.

I can't recall the precise % right now, but the number of people on the list who have absolutely no connections to terrorists or terrorist organizations (or even "affiliated" legal groups like certain bogus charities) is shockingly high.

What's more there is no documented process for how one get's on the list and no established process for getting off. The number of false hits is so high because the system operates on names not identities. If there is a known terrorist named Robert Gentel, every Robert Gentel in the world is likely to end up on the list. This is how Ted Kennedy and Steven Hayes, among other well known individuals, ended up on the list. No both of these individuals have or had DC connections so they were both able to get off the list, but you or I would not find it so easy.

So imagine you find out that you are on this list and are unable to fly where you, and then the authorities point out that being on the list also prevents you from exercising your constitutional rights as granted under the 2nd Amendment. What's next? You can't get a license? Who wants to take a chance that terrorists are driving trucks filled with explosives on out highways? You can't own property? Who wants to take a chance that terrorists are setting up safe houses across the land?

It's bad enough that this list exist with no judicial oversight and with no way set process for appealing the your addition to the list, the government, including our President, has the absolute gall to play to the public's ignorance and fear to achieve a political goal. Until they find out just how unreliable the list is and how screwed an innocent person is once they get on it, the public is generally in favor of banning people on the list from owning guns. Why not? They trust their government to get it right and if these people really are terrorists only an idiot would want them to be able to buy a gun. It seems like a perfect solution. However Obama knows just how unreliable the list it and how it operates, and once the public does too they change their minds about it being a good idea.
Robert Gentel
 
  3  
Reply Fri 8 Jan, 2016 12:21 am
@Finn dAbuzz,
Finn dAbuzz wrote:
Baldimo wrote:

But according to yours and Obama's, logic if we can keep one more citizen alive, then we should do whatever it takes. That means to keep illegal immigrants from killing another US citizen they should all be shipped to their home countries. It will keep more Americans from getting killed, the ends justify the means.


I raised this inconsistency before as it respects Syrian immigrants and no one who is sympathetic had coherent response. It doesn't mean one doesn't exist, just that no one here offered it if it does.


I agree that this argument Obama used is not sound and objected to it (in my head) when I saw it. I did not see any of you criticizing it but I agree with the criticism and have no problem saying so.

We don't ban alcohol over saving one life, we don't ban football over saving one life, and while it makes for decent rhetoric it is a poor argument and most people would not give up many of the things they use (sugar, junk food, etc) in order to save merely one statistical life.

I think that what Obama is proposing is generally a no-brainer (you can certainly improve on what he is proposing, but it is a net-positive) but it is not so because it will save just one life. If that is all this does then it can just as easily be something that costs one life.

We should do this if it has a positive impact on mortality rates while not being something we consider an inordinate regulation. I can certainly see that there will be some cases where this is not a fair regulation (there has never been regulation where that was not the case) but my personal preference for American gun regulation is for guns to be available to the average person with as many checks and balances as there can be while remaining so (i.e. I basically want a society where a person like me can get a gun if he wants to, but for it to be as hard as is reasonable).

Though I don't see them as being useful enough to currently own one (other than some bb guns) I get the utility they can present for defense or for sport and basically want a world where it's as hard as possible for other people to get guns while still being possible for me.

That offers the greatest balance of my desire to not be prohibited from owning a gun and my desire for the society I live in to be safer (if everyone else has less guns it is a safer society for me).

Societies that successfully provide a great deal of security and can succeed in starving the market of guns are the safest but in a country like America (or many of the third world countries I have lived in) the right balance to me is to make them available but highly regulated.
oralloy
 
  -2  
Reply Fri 8 Jan, 2016 12:24 am
@FBM,
FBM wrote:
Horse hockey. You don't get to make the rules about what other people's choices are, and over-simplifying a complex issue is a logical fallacy.

If you feel like coming up with a position other than for, against, or neutrality, have at it.


FBM wrote:
Try to construct an argument without logical fallacies, then you might get taken more seriously.

Your false allegations of logical fallacies is just an attempt to disguise the fact that you support violating the civil rights of disabled people


FBM wrote:
Only if we use your twisted definition.

No, you voiced support of the post. You are just trying to hide from the fact that you support violating the civil rights of disabled people.


FBM wrote:
You'll excuse me if I'll wait for the SCOTUS to issue a ruling,

No, I won't excuse you. I posted links that prove that the Democrats started by blocking disabled war veterans who can't keep track of their bills, and are now expanding that to disabled people in general who can't keep track of their bills.

Inane babbling about the Supreme Court will not change the reality that I posted links proving that.


FBM wrote:
rather than a random character on the internet who apparently doesn't know how to construct valid logical arguments.

Falsely accusing me of lacking logic is a rather silly way of hiding your support for civil rights violations.
Robert Gentel
 
  4  
Reply Fri 8 Jan, 2016 12:25 am
@Finn dAbuzz,
Finn dAbuzz wrote:
If, as Robert has suggested, prohibition of gun ownership in the case of mental illness was limited to those individuals who have been committed to a mental facility through a court process, I might have far less trepidation, but the involvement of the government in our private medical records is a very slippery slope whether one favors such arguments or not.


I think the word you are looking for is something that conveys the complexity of the issue because it's not inherently a slippery slope. It is, however, inherently complex and there are good arguments for caution even with the most perfect and stringent process (i.e. that it might result in preventing some veterans from seeking mental assistance that they need).

Mental healthcare is hard, it is not a slippery slope though, but yes it is hard and complex and there are no silver bullets to deal with it so whatever you do will involve mistakes with potentially serious consequences.
Robert Gentel
 
  4  
Reply Fri 8 Jan, 2016 12:34 am
@Finn dAbuzz,
Finn dAbuzz wrote:
If you don't trust this president in general, then you are not likely to trust him in regards to gun control. We know he would like to see private ownership of firearms greatly reduced, if not banned altogether, since he has pointed to Australia's gun laws as a model for civilized nations. We also know that despite numerous admissions in public that he did not have the power as president to unilaterally defy the will of Congress and extend effective amnesty to illegal immigrants he went ahead and did just that. It would already be a done deal if the courts had not blocked his efforts.


I agree with you that his preference probably is for much more gun control. I think that like almost anyone in politics he has two positions: the one he considers an abstract ideal, and the one he considers a realistic ideal and I'm not sure that I'd consider it lying to have this dichotomy. I don't think he has ever realistically considered his ideal position, it is not possible and would just be a waste of political capital.

He has clearly capitulated to the reality that gun control of the sort he might favor is not going to ever happen, and wants to move the needle by focusing on the things that over 80% of Americans agree on.

I would not consider that lying etc, but understand why people distrust him on this. If he had more political capital to use on this he would, but I think the people who worry too much about it aren't paying much attention, he has no power here. The people worried about guns being taken away are winning overwhelmingly.

Quote:
It seems to me that these proposals are simply a means by which Obama can check off a box relative to his legacy and possibly offer Democrat voters something to think well of their party for come election day...but I wouldn't put it past him to have something up his sleeve.


I don't see him having anything up his sleeve as being possible, the gun debate is such that in America many people will oppose completely commonsense moves. It is so polarized that the distrust you mildly have exists in spades and he can't do anything more than this.

I used to think that this would not change within my lifetime, but America seems to be nearing an inflection point on this and what he is proposing is pretty much a capitulation to the NRA now while appealing for more meaningful changes in the future.

I see this as an issue that reaches the inflection point in the next couple of decades now and I think he's just trying to plant more of those seeds, understanding as well that this is not going to change now but that it can become possible in the future.
Robert Gentel
 
  3  
Reply Fri 8 Jan, 2016 12:47 am
@Finn dAbuzz,
Finn dAbuzz wrote:
Robert Gentel wrote:

The people on the no-fly list not being able to fly seems like a much bigger infringement on their freedom than not being able to buy guns to me, but thanks for answering.


Which is why the no-fly list need to be completely re-examined and not be used to unjustly infringe further on Americans' freedoms.


You won't get any argument from me. It's poorly run and I've long objected to the right to travel being incorrectly infringed upon. I see greater utility in applying this list to buying firearms though, because I do not see the right to carry a firearm as being as important as the right to travel.

Quote:
I can't recall the precise % right now, but the number of people on the list who have absolutely no connections to terrorists or terrorist organizations (or even "affiliated" legal groups like certain bogus charities) is shockingly high.

What's more there is no documented process for how one get's on the list and no established process for getting off. The number of false hits is so high because the system operates on names not identities. If there is a known terrorist named Robert Gentel, every Robert Gentel in the world is likely to end up on the list. This is how Ted Kennedy and Steven Hayes, among other well known individuals, ended up on the list. No both of these individuals have or had DC connections so they were both able to get off the list, but you or I would not find it so easy.


Completely agree. Some people are affected by it just because they have the same name (including common names like "Robert Johnson").

There is definitely a lot of wrong with this, and I've argued that in the past. But there will always be a lot wrong with almost any civil program. I think that it would be good for it to be more accurate but that a few false positives being disallow from buying guns is worth being able to restrict a much larger amount of mentally unfit people from buying them.

Quote:
So imagine you find out that you are on this list and are unable to fly where you, and then the authorities point out that being on the list also prevents you from exercising your constitutional rights as granted under the 2nd Amendment. What's next? You can't get a license? Who wants to take a chance that terrorists are driving trucks filled with explosives on out highways? You can't own property? Who wants to take a chance that terrorists are setting up safe houses across the land?


Well this is a slippery slope argument, I get why people are concerned about it but that is a separate concern. Just as it would be if repealing a gun regulation. Repealing regulation on assault weapons doesn't mean suddenly we are gonna be allowed to have nukes either.

Cuts both ways, the slippery slope argument can be made in any situation so without establishing the probabilities of the feared events they are largely meaningless.

That being said I do think the general trend is for more regulations, restrictions, and surveillance than less and many times I disagree with them. I do not, however, see the particular fears you list as likely to become reasonable ones.

Quote:
It's bad enough that this list exist with no judicial oversight and with no way set process for appealing the your addition to the list, the government, including our President, has the absolute gall to play to the public's ignorance and fear to achieve a political goal. Until they find out just how unreliable the list is and how screwed an innocent person is once they get on it, the public is generally in favor of banning people on the list from owning guns. Why not? They trust their government to get it right and if these people really are terrorists only an idiot would want them to be able to buy a gun. It seems like a perfect solution. However Obama knows just how unreliable the list it and how it operates, and once the public does too they change their minds about it being a good idea.


I mean it could always just improve how the list works too. I don't see this as being an intentionally underhanded thing or a deception at all. I see it as taking the crude legal instruments available and doing something he thinks is positive (and frankly that is likely to be a net positive, despite these issues and criticism being legitimate).

I think that like anything humans do there is gonna be a better way to do things, and can see a lot of room for improvement here. But the fundamental concepts being attempted are not wrongheaded. Preventing people who have been deemed dangerous or mentally unfit from owning weapons has merit, even if the determinations can certainly be more accurate in a perfect world.

In the imperfect reality we live in I really don't see this being more messy or broken than usual government programs. The error rates for the no fly list or people declared mentally unfit but who we as a society still want to be able to own weapons is likely to be low, and while it would be better lower I don't expect this to be as problematic as anti-gun control folks make it out to be (naturally gun control advocates maximize the claimed benefits of regulation while anti gun control advocates maximize the claimed problems of regulation).
oralloy
 
  -2  
Reply Fri 8 Jan, 2016 01:15 am
@Robert Gentel,
Robert Gentel wrote:
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.

No. You are mistaken here. There are no court declarations involved at all. Disabled people are being added to the list solely because their disability checks are being sent to someone who takes care of their finances for them. All such people are being added to the list.


Robert Gentel wrote:
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.

There is such a list. All that is required is that the list be limited to dangerous criminals and those deemed by the courts to be a danger to themselves or others. It is what has been used for a list all along before the Democrats started adding law abiding citizens to the list.


Robert Gentel wrote:
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.

The Republicans are on the verge of packing the Supreme Court with conservative justices (I am presuming of course an inevitable Republican victory in 2016). It is inevitable that the Supreme Court will start upholding the Constitution.


Robert Gentel wrote:
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?

Not when the declaration of mental fitness is based entirely on whether a disabled person cashes their own disability checks.


Robert Gentel wrote:
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.

It is possible to look at a proposal and determine if there is a legitimate reason for doing it or not, and thereby accurately determine whether or not the proposal is constitutional.
oralloy
 
  -2  
Reply Fri 8 Jan, 2016 01:20 am
@Robert Gentel,
Robert Gentel wrote:
You won't get any argument from me. It's poorly run and I've long objected to the right to travel being incorrectly infringed upon. I see greater utility in applying this list to buying firearms though, because I do not see the right to carry a firearm as being as important as the right to travel.

The sloppiness of the no fly list makes it unconstitutional to use it to restrict ANY right. Someone really needs to get the matter in front of a judge.
Robert Gentel
 
  3  
Reply Fri 8 Jan, 2016 01:28 am
@oralloy,
oralloy wrote:

Robert Gentel wrote:
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.

No. You are mistaken here. There are no court declarations involved at all. Disabled people are being added to the list solely because their disability checks are being sent to someone who takes care of their finances for them. All such people are being added to the list.


While I certainly may be mistaken (have been many times before) I think your opposite absolutism (that there are no courts involved) is probably untrue and that some people on this list have been declared mentally unfit that way.

In any case, I am all for improved ways to determine the list of people who are restricted from purchasing guns, that is merely to improve on the concept.

Quote:
There is such a list. All that is required is that the list be limited to dangerous criminals and those deemed by the courts to be a danger to themselves or others. It is what has been used for a list all along before the Democrats started adding law abiding citizens to the list.


I don't think there is a list that as neat as you make out that already had all the dangerous people from the other sources that are being added but ultimately I agree that there can be and would be fine with improving this concept in to be more accurate.

Ultimately though, I think that you and I have different definitions of what "more accurate" means and I would likely want the list slightly more inclusive than you. There's no way around that, there is not going to be a universal consensus on who should be on this list and even if there were there will not be perfect interpretation of this consensus and there are going to be false positives in any implementation of this concept (or any regulation of anything).

Quote:
The Republicans are on the verge of packing the Supreme Court with conservative justices (I am presuming of course an inevitable Republican victory in 2016). It is inevitable that the Supreme Court will start upholding the Constitution.


I think the big difference between me and you is the level of certainty you have and the strength of conviction you allow yourself to indulge in. I don't think anything is inevitable here. My read is that this kind of legislation is something that an overwhelming majority and that this majority is growing, but things can change.


Quote:
Robert Gentel wrote:
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?

Not when the declaration of mental fitness is based entirely on whether a disabled person cashes their own disability checks.


I'll take that as a no. I already conceded the case your blinders restrict you to viewing here. I was asking if you were willing to divest yourself of a bit of your absolutism and acknowledge the counter examples to your position. I guess the answer is that you are so far unwilling or unable to do so.

Quote:
It is possible to look at a proposal and determine if there is a legitimate reason for doing it or not, and thereby accurately determine whether or not the proposal is constitutional.


I know I'm wasting my time arguing this kind of nuance with the way you are wired here but my point is that you can only accurately determine it according to your subjective interpretation and that the process of adjudicating this is more involved than just what your opinion is.

Anyway, I am not going to waste too much time trying to get you to show any flexibility in your viewpoint, ultimately we knew we weren't going to change each other's minds on this (nobody in this thread will likely do that) but if you aren't even willing to acknowledge that this is a subjective issue to interpret and that there is a process for determining this for the collective that might not have the same output as your own opinion then I suppose this is not going to be an edifying line of inquiry to pursue.
Robert Gentel
 
  4  
Reply Fri 8 Jan, 2016 01:29 am
@oralloy,
oralloy wrote:
The sloppiness of the no fly list makes it unconstitutional to use it to restrict ANY right. Someone really needs to get the matter in front of a judge.

Sez you, the precise degree of sloppiness at which this occurs is not codified anywhere and this is just yet another instance of your personal opinion being expressed with inordinate strength of conviction.
oralloy
 
  -1  
Reply Fri 8 Jan, 2016 01:59 am
@Robert Gentel,
Robert Gentel wrote:
While I certainly may be mistaken (have been many times before) I think your opposite absolutism (that there are no courts involved) is probably untrue and that some people on this list have been declared mentally unfit that way.

Being declared by a court to be a danger to yourself or others will certainly get someone added to the list.

But... The thing that I am complaining about. The disabled people who can't manage their finances. That is being done without any court process. They are simply taking every single disabled person who does not cash their own disability check and adding them to the list.

EDIT: I suppose I should add that it is possible that they have modified their proposal to mitigate its capriciousness compared to what they proposed earlier. However, I've not yet seen any evidence of such modification, and am certainly not counting on them doing that, as I think their motive here is not to find dangerous people, but to just violate people's rights for no reason.


Robert Gentel wrote:
I'll take that as a no. I already conceded the case your blinders restrict you to viewing here. I was asking if you were willing to divest yourself of a bit of your absolutism and acknowledge the counter examples to your position. I guess the answer is that you are so far unwilling or unable to do so.

I acknowledge that in the large swath of law abiding disabled people being added to the list, there will be a tiny few who are dangerous.

But you'd also get a handful of dangerous people if you added everyone with a certain eye color to the list.


Robert Gentel wrote:
Anyway, I am not going to waste too much time trying to get you to show any flexibility in your viewpoint, ultimately we knew we weren't going to change each other's minds on this (nobody in this thread will likely do that) but if you aren't even willing to acknowledge that this is a subjective issue to interpret and that there is a process for determining this for the collective that might not have the same output as your own opinion then I suppose this is not going to be an edifying line of inquiry to pursue.

Not everything is subjective. There is a certain point where you can point at something and say "this is a fact".

And people can be wrong about claimed facts. I'm certainly not infallible.

But I think this is pretty clearly an issue where there is no doubt as to constitutionality. Adding disabled people to the list simply based on them not cashing their own disability check is WAY too capricious to ever pass Constitutional muster.
oralloy
 
  -2  
Reply Fri 8 Jan, 2016 02:09 am
@Robert Gentel,
Robert Gentel wrote:
Sez you, the precise degree of sloppiness at which this occurs is not codified anywhere and this is just yet another instance of your personal opinion being expressed with inordinate strength of conviction.

I do not follow the issue of the no fly list closely, but I've heard more than enough about it to have 100% confidence that it is blatantly unconstitutional.
 

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