@Robert Gentel,
Robert Gentel wrote:
I don't think that those who value the availability of guns more than I do are necessarily bad or wrong.
Which is admirable and not something we hear from people who favor strong gun control. One is not going to trust people who default to the use of "gun nut" to describe anyone who is in favor of minimal gun regulation to have the ability to moderate their desire to see private gun ownership greatly reduced or eliminated.
Quote: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).
I don't have a serious problem with this position, but again it comes down to trust, and this issue, in particular, doesn't find a lot of trust in gun owners towards the intentions of the government (as it is currently made up). Some will describe this as paranoia, but I think it's reasonable to believe that efforts to increase gun controls on the margins are only the next step in a concerted effort to increase them significantly. Some of us remember liberal politicians talking about ObamaCare as a necessary first step towards socialized medicine. There is nothing wrong with having the opinion that guns should be strictly regulated or even working through the system to achieve that end, but there is also nothing wrong with having the opinion that they should only be loosely controlled and using the system to assure that is the case.
I am not suggesting that there is evidence that anyone promoting something like a gun safety test is doing so to have a means by which to artificially reduce personal gun ownership, but only the naive will assert that such a ploy is not possible. Taking a mile when given an inch is a hallmark of this administration and there is little reason not to believe that it would not take advantage of just about any means available to achieve a political or ideological goal. I hasten to add that this administration is not the only one that has ever employed this strategy.
Quote:
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.
I agree that the majority will not view the current proposals as a "civil rights" issue, however should more extreme restrictions be proposed or attempted I can practically guarantee that the majority will see it as a significant "rights" issue. "Civil rights" for most Americans is associated solely with the concept of discrimination so it may never be the case that gun ownership is seen as a "civil rights" issue, but they will certainly get that it is a matter of the government trying to take away or greatly restrict a right we all have.
I don't doubt some would like to create a right to be free of the threat of guns, but, frankly, this is absurd, and doesn't warrant any other comment.
Quote: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.
"Generally" being the operative word. The constitution and the structure of our system operates to provide some protection to minorities from the tyranny of the majority, and it certainly isn't the case that the majority opinion always wins out or we wouldn't have a nuclear deal with Iran.
Quote: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.
This is less of a problem if there is an established process to appeal one's inclusion on the list that involves a disinterested third party such as a judge. Something that doesn't exist with the no-fly list.
Quote: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.
That's a poor rationalization. If the list is flawed it shouldn't be used. We have a codified tradition in this country that we should go to great lengths to assure that innocent people are not punished. I'm sure you've heard of the old saw "Better that 100 guilty people go free than one innocent person be imprisoned." You may even subscribe to this, but any right specifically granted by the Constitution is a big deal. As much as gun control advocates would like to think of the right to bear arms as somehow less of a right that the that of free speech and freedom of religion, it is not. It's written right there in our foundational document. It can be changed and it can be removed if the will of the people is sufficiently harnessed to do so, but the courts, in the main, are not going to dismiss it as simply some minor "right" tossed in by pre-industrial farmers, and we shouldn't either or all of the other enumerated rights will be subject to such cavalier regard.