Sorry, I was out of the country for a week and didn't get a chance to keep up with the discussion here. Ironically, I was in a country where the police carry full auto guns and routinely has road blocks and random search and seizure laws...
TM, you make one of the most valid points of anything Ive ever seen. You and I can live in this great country, feeling very differently on an issue. We can debate it at length, and can have a complete divergence of opinion. At the end of it, neither of us are wrong or right, and we can live another day saying exactly how we feel to anyone that will listen. True freedom is the freedom of speech.
I respect that you have a more libertarian view than I, and there needs to be a group of people with your outlook on government to make sure we don't oversaturate the country with laws and regs. Opposing views are always needed. Though your tone may be a little snarky, I still appreciate what you have to say greatly.
Not sure Gisteppo as to how much you know about gun laws or about firearms in general but I swear to you that all "true" assault weapons are already covered by the National Firearms Act of 1934.All "true" assault weapons are fully automatic and all full auto weapons are already registered and licensed with the BATF.
Yes, I am fully aware. This is a hypothetical discussion of my personal opinion, not one of direct laws.
A well regulated Militia,being necessary to the security of a free State,the right of the people to keep and bear Arms,shall not be infringed.
Ahh,the old Well Regulated Militia strawman rears its ugly head.It is not necessary to define a well regulated militia,although for you I will.Well regulated=well drilled and supplied.Militia=any male person capable of bearing arms .What needs to be defined here is the second part.The right of the people to keep and bear Arms,shall not be infringed.Seems pretty straight forward to me.
The concept was actually based on state by state militias to control the federal government. It wasn't intended to be used as a populace against its tyranny, it was designed as something such as the Virgina Commonwealth being able to rise up against Federalist entities. Ask a Commonwealther about it, you will find very well informed and mildly militant people there who can clearly define the intent of militia.
There is no more reason to "hide" behind the second amendment for self protection than there is for you to "hide" behind the first amendment while lobbying to limit my rights.I would suggest that you study up on District of Columbia v Heller from June 2008.The Supreme Court found that It is an individual right (there goes your well regulated militia argument) to keep arms for self defense AS WELL AS defense against tyranny.You may also want to read U.S. v Miller from 1939 which holds that millitary style weapons are EXACTLY the types of weapons covered by the second amendmant.
I would never use the first amendment to manipulate another amendment. Freedom of speech does not constitute lobbying, moreso it allows for dissent. You do have a very valid point in case law in the Heller ruling in that it carries with it the ability for self armament. This ruling basically upholds the current court opinion of the definition of the wording in the Constitution. The luxury of an evolving document such as the one we live under. However, the 1939 Miller case is a little weaker, as we are talking about very different classifications of weapons. Consider what weapons were under advisement (a shotgun with a barrel length of less than 18") in that situation, and those with which we are talking about today. A street howitzer doesn't have range like some of the incredibly powerful weapons available today. I would try to find a better ruling to stand on in the case of weapons covered by the amendment.
The first ten amendmants to the Constitution (Bill of Rights)are simply an enumeration of Natural rights.Natural Rights are rights bestowed by your creator,or if you like, rights you have simply because you were born a human being.Every Human Being on Earth has these rights although most are not allowed to exercise them.Your rights do not come from this or any government.Governments grant Privileges not rights.What I'm getting at here is that you could(maybe)repeal the Second Amendment but I would still have the right.Your rights are not determined by a three quarter majority of state legislatures
Interesting take, no doubt. Inalienable rights, as they were so ordained in the document itself. Governments should be considered similar to religions in that they are designed to protect the masses from themselves. Those first 10 are what we typify as inalienable rights of life, though I think we found them to be terribly important because they were 10 such things which our previous tyrants in Mother England were so intent on restricting. I don't disagree, I just think the motives were clearly defined.
Dan, you definitely have certain areas well researched, but it also shows that much of it comes from the NRA because I receive their pamphlets and mailers as well.
Right on point. I think that it is lost on many folks that the amendments were written as a hedge against an oppressive government, they weren't written to protect us from one another. Any tax, fee or restriction levied by the government on weapons is in direct conflict with the second amendment.
Restriction is in violation. Taxation isn't. Im not arguing that it is "right", just that it isn't illegal.
We have allowed a very small percentage of citizens (felons) to greatly influence our state and government policies. It is amazing how quickly a neighborhood watch or block watch program can put a damper on criminal activity.
A good deal of research has been done on this, and it is an incontrovertible truth that neighborhood groups having awareness of the surroundings and watching out for one another has great impact.
You can try to control who has these weapons, but criminals will always find a way to bypass these laws. Just like the laws now that are failing miserably, you can take all weapons away from common law abiding people but thugs, gang members, etc will always find ways to get firearms no matter which laws are enacted.
As I was accused of using a straw man argument, this one can also be pointed to in the same light.
To restrict ownership does nothing. To create responsibility in ownership and sales of said firearms does go a long ways to preventing a weapon from entering the wrong hands.
Take my .38 for example. I traded it for a laptop computer because I didn't need the laptop and I thought I needed a personal protection weapon. This weapon was in a transaction with no paperwork, no serial number registration, and no accountability for the seller or myself as the buyer. If I were to use this gun in a crime, there would be no way to trace it back to me. If the gun were used in a crime before my ownership, it would be impossible to trace the ownership back to the man who committed the crime.
The object isn't limiting your rights as a gun owner. You still have the right to possess the weapon you choose. The object would be to create accountability where there may not be any. Firearm registration decreases the likelihood that the weapon will be used in a felonious manner, and that it will be transferred of possession in order to conceal its use. These protections don't harm the owner, they merely create a string with which Police can do their job. The utilization of tax isn't designed as a deterrent of ownership, it is merely a side effect of having the resources available to institute the tracking of the weapons.
I love this debate because its complex, and requires some serious delving into deeper pieces of the issue. Its not as black and white as