Skip to main content

View Diary: GunFAIL IV (199 comments)

Comment Preferences

  •  Okay, I do think it is very constructive... (0+ / 0-)

    and I appreciate you staying with me here and discussing it in a civil manner.  I believe that when two people disagree and can maintain a civil discussion, it means there is hope for this world after all.

    1.)  I believe it does matter what we think because "We" are what makes up this country and "They" represent "Us".  Here is what the SCOTUS has to say in District of Columbia vs Heller:
    "Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home."  Werein it also describes conditions that may prohibit someone like Mr. Heller from owning a gun here:
    "The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons."

    2.)  The prospective voter may not incur costs but it does require him or her to register and have proof of who he or she is at the time of voting.  That is similar to a license and that is what I am calling for the buying of, possession of and selling of weapons.  We can call it second amendment rights registration if you like.

    3.)  The right to assemble is right there in the first amendment:
    "the right of the people peaceably to assemble, and to petition the government for a redress of grievances." That is the same amendment that states clearly that:
    "Congress shall make no law respecting..., or prohibiting the free exercise thereof; or abridging..." which is much less ambiguous that the second amendment and yet during the OWS movement, a common tactic was to charge exorbitant fees to assemble.  In fact, people for being arrested by the hundreds for excercising that right to assemble and many were violently assaulted.  Do you think it would have made things better if they were armed to protect themselves from the government's attempt to deny their rights?  You said that you do not need a permit to carry a non-automatic gun on your property but what determined that automatic versus non-automatic gun status?  It certainly wasn't the constitution.  There had to be judgement used as to want constituted "reasonable" for protection and standard use.  Who determined what was reasonable?  The government.  If they determined what was reasonable (and you didn't seem to have a problem with it) before people started going into elementary schools and shooting a score of six year olds in a matter of a few minutes then they can determine what is reasonable after.  

    Heller actually sets precedent for reasonable gun restrictions and requiring a license.  It only prevents outright bans.

    "Perhaps the sentiments contained in the following pages, are not YET sufficiently fashionable to procure them general favour..."

    by Buckeye Nut Schell on Fri Feb 08, 2013 at 01:13:47 PM PST

    [ Parent ]

    •  Replies, I appreciate you being civil too: (0+ / 0-)

      1. We seemed to have moved the goalposts here. You began in this comment thread by discussing regulated militias, standing armies, etc. Nothing in the Heller decision, that you quoted or otherwise, limits anything or considers them EXCEPT for when discussing the type of gun that can be restricted without denying a 2nd Amendment right. I agree with that finding fwiw and have written diaries here discussing magazine restrictions, etc favorably.

      2. I do not see your example as similar at all. If it wouldn't work as "1st amendment rights registration" or '4th amendment rights registration', then it doesn't work for the 2nd. I oppose registration, but if it was completely free to the gun-owner, I'm not sure it would be found unconstitutional.

      3. It sounds like you oppose what you see as undue restrictions on the first amendment right to peaceably assemble. If that's true, then i would tend to agree more than disagree, but it hurts your argument that gun ownership should be restricted similarly.

      I see what you did there.

      by GoGoGoEverton on Fri Feb 08, 2013 at 02:08:15 PM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site