A Challenge To Anyone

Discussion in 'Political Opinions & Beliefs' started by Just A Man, May 25, 2022.

  1. Alwayssa

    Alwayssa Well-Known Member

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    I am not making that argument at all. I am making the argument that "shall not be infringed" does not mean there is no limits on who owns a firearm. Remember, the Supreme Court also ruled that illegals do not possess the right to own a firearm and some of the first restrictions on firearms were black slaves cannot own a firearm or that free blacks cannot own a firearm, the Presser case which Heller was based on.

    What the Heller case did do was that bans on any type of firearm is now unconstitutional unless it is allowed under the Constitution, which would mean certain types of firearms that are exclusive for military use, for instance, or cannons, tanks, chemical bullets, etc.

    Hunting and self-defense are not being argued here and no one is arguing that is the case. Yes, we have a right to defend ourselves in our property from unwanted intruders. However, your life has to be "reasonably in fear of severe bodily harm or injury." If your actions do not meet that threshold under state law, you may be charged. Blantanly obvious is someone breaking into your home in the middle of the night or day while you are there, who do not identify themselves as police, and a few other factors. What is not in reasonable fear of your life is seeing someone mosey along the edge of your lawn and you go and shoot the person in which the person dies. In that scenario, the person may be technically intruding on your property, but by all accounts was not showing you were in reasonable fear of your life. In that scenario, you would be charged with either 2nd-degree murder or manslaughter. You have to apply all the facts in the relevant case to get an adequate understanding of when and when not to use deadly force no matter which state you live in.
     
  2. Ddyad

    Ddyad Well-Known Member

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    Hence the right to self defense. No one should have to depend on armed police to save lives. Almost all police officers know that only an armed citizenry can effectively keep the peace.

    “More than 91 percent of respondents say it would either have no effect or a negative effect in reducing violent crime. This is an overwhelming response by those whose job it is to actually deal with this issue on the front lines.

    Instead, it is interesting to note that many respondents consider armed citizens as a potential asset in reducing the carnage from a mass murder situation; proactive choices dominate over gun and magazine restrictions and bans.

    More than 91 percent of respondents support the concealed carry of firearms by civilians who have not been convicted of a felony and/or not been deemed psychologically/medically incapable.

    A full 86 percent feel that casualties would have been reduced or avoided in recent tragedies like Newtown and Aurora if a legally-armed citizen was present (casualties reduced: 80 percent; avoided altogether: 60 percent).”
    POLICE ONE, 2013 Gun Policy & Law Enforcement Survey Results: Executive Summary, And when it comes to finding ways to reduce gun violence and large scale shootings, most cops say a federal ban on so-called “assault weapons” isn’t the answer., By Ron Avery, Apr 8, 2013.
    https://www.policeone.com/gun-legis...d-citizens-the-best-solution-to-gun-violence/
     
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  3. Ddyad

    Ddyad Well-Known Member

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    Gun control schemes always violate the 2nd amendment.
    Stop interfering with the right of the people to arm and defend themselves or amend the COTUS and strip them of their rights -- legally.
     
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  4. WalterSobchak

    WalterSobchak Well-Known Member

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    Do you believe voting is a right?
     
  5. Ddyad

    Ddyad Well-Known Member

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    I sure do.
     
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  6. Nightmare515

    Nightmare515 Ragin' Cajun Staff Member Past Donor

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    Well I did mention that in my post at the top but as I said it wouldn't be popular with many folks. The image of roaming guards with armor and rifles isn't an image that many parents would want when thinking about their kids elementary school. Yes I would agree that such a thing would stop this or at least reduce the damage done if it were to happen again but it's not a very popular recommendation among many.

    The logic is sound, nobody ever shoots up a police station for obvious reasons. Nobody ever conducts a robbery in a gun store during business hours like they do gas stations. Many parents just don't want to live in a world where armed guards are patrolling their kids school hallways and believe we can find a better way so that their kids aren't exposed to that. But there is a dose of reality that folks need to accept whether they like it or not.
     
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  7. Lee Atwater

    Lee Atwater Well-Known Member Past Donor

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    If schools become untenable targets due to increased security, shooters will find other targets. There's no shortage of them. The fundamental problem is the proliferation of, and easy access to, fire arms.
     
    Last edited: May 27, 2022
  8. Nightmare515

    Nightmare515 Ragin' Cajun Staff Member Past Donor

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    These same firearms were just as easily accessible to the public 40 years ago. Why didn't we have this problem then? Genuine question.
     
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  9. Ddyad

    Ddyad Well-Known Member

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    One easy solution: Qualified volunteers, for instance, grandparents with guns playing cards, checkers, chess, Minecraft, Fortnite... at the end of every corridor.
     
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  10. Mr.Incognito

    Mr.Incognito Well-Known Member

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    Americans traded their faith in God for Guns. In other words, guns are God in America.
    Don't believe me? Ask yourself which do we fight for more?
     
    Last edited: May 27, 2022
  11. Nightmare515

    Nightmare515 Ragin' Cajun Staff Member Past Donor

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    I do think there is some validity to the argument. There has been a pretty evident cultural shift in America over the past few decades and that's not even directly counting for the religious aspect. The decline of the traditional nuclear family structure, family values, respect for one another as human beings, etc. Generation X was widely touted as the "rebel" generation of problem children and while they did a whole lot of stuff that horrified adults they weren't running around mowing people down with guns that were just as easily accessible to them as they are to today's youth. Neither are Millenials to this extent.

    Something is "wrong" with this new generation of young people. When you combine the fact that many were raised in non traditional homes without traditional family values and couple that with the advent of things like the internet and social media cancer then you get.....this.

    There is no disease or illness out there that just magically appeared in the past 2 decades. In fact we've improved medicine and continue to improve it as society progresses forward. The guns existed back then, the bullets existed back then, mental illness of all sorts existed back then, rowdy disrespectful teenagers and young people who bucked authority existed back then and are even infamous for it in the history books. But this wasn't happening back then. Something is "wrong" right now and I personally believe it's the decline of the traditional family with traditional family values and the damn internet and social media.

    I grew up watching cartoons of Bugs Bunny blowing peoples heads off with a shotgun while smoking a cigarette yet we weren't running around massacring people with off the shelf guns that we could buy just as easily as they can today. What the hell has happened to these people?
     
  12. Lee Atwater

    Lee Atwater Well-Known Member Past Donor

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    Right.

    Even Scalia acknowledged limits to Second Amendment


    In their misleading argument that the Second Amendment is in danger of repeal, the authors of the Your View ignored the 2008 Heller decision in which conservative Justice Scalia's majority opinion confirmed only a very limited individual right, namely a "handgun possession in the home ... for the purpose of immediate self-defense."

    The column leaves out Scalia's position, "Like most rights, the right secured by the Second Amendment is not unlimited." Further, it is not "a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."

    https://www.mcall.com/opinion/reade...amendment-repeal-argument-20180410-story.html
     
  13. Sirius Black

    Sirius Black Well-Known Member

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    Remember you promised us a simple plan and have yet to reveal it. If you have an idea to help you should share it.
    You weren't bsing us were you?
     
    Last edited: May 28, 2022
  14. Sirius Black

    Sirius Black Well-Known Member

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    ...come on where is the plan?
     
  15. Eleuthera

    Eleuthera Well-Known Member Donor

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    Nowhere else in the world is the Deep State so in control of government.
     
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  16. Sirius Black

    Sirius Black Well-Known Member

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    6 days...still trying to build suspense?
     
  17. (original)late

    (original)late Banned

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    That's a misreading of Heller.

    John Bash, who helped Scalia write the opinion doesn't think that.

    "In the 14 years since the Heller decision, Congress has not enacted significant new laws regulating firearms, despite progressives’ calls for such measures in the wake of mass shootings. Many cite Heller as the reason. But they are wrong.Heller does not totally disable government from passing laws that seek to prevent the kind of atrocities we saw in Uvalde, Texas. And we believe that politicians on both sides of the aisle have (intentionally or not) misconstrued Heller.

    Some conservatives have justified contested policy positions merely by pointing to Heller, as if the opinion resolved the issues.

    the Constitution leaves elected officials an array of policy options when it comes to gun regulation.Justice Scalia — the foremost proponent of originalism, who throughout his tenure stressed the limited role of courts in difficult policy debates — could not have been clearer in the closing passage of Heller that “the problem of handgun violence in this country” is serious and that the Constitution leaves the government with “a variety of tools for combating that problem, including some measures regulating handguns.”
    https://www.nytimes.com/2022/05/31/opinion/supreme-court-heller-guns.html
     
  18. Ddyad

    Ddyad Well-Known Member

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    "Heller" is not the COTUS.
     
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  19. Ddyad

    Ddyad Well-Known Member

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    Scalia is not the COTUS.
     
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  20. (original)late

    (original)late Banned

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    So, you also have no idea how this all works.

    Whatta surprise...
     
  21. Lee Atwater

    Lee Atwater Well-Known Member Past Donor

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    The column leaves out Scalia's position, "Like most rights, the right secured by the Second Amendment is not unlimited." Further, it is not "a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."

    Scalia's language goes on to explain that an important limitation of this right is for especially dangerous weapons like machine guns. Since that ruling, federal appeals courts have accepted this language in upholding state laws banning semi-automatic assault weapons.

    Scalia also made clear that Heller casts no doubt on laws prohibiting possession of firearms in "sensitive places such as schools and government buildings," laws "imposing conditions and qualifications on the commercial sale of arms," and other limitations.

    https://www.mcall.com/opinion/reade...amendment-repeal-argument-20180410-story.html
     
  22. Lee Atwater

    Lee Atwater Well-Known Member Past Donor

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    What's the Repub plan? Agree to do enough to say they did "something" but not enough to matter.

    President Joe Biden on Monday said he believes there’s a “realization” among “rational Republicans” that the nation “can’t continue like this,” after a gunman killed 19 children and two teachers at an elementary school in Texas.

    Biden, speaking to reporters after his return to the White House, was asked if he believes talks between Republicans and Democrats could produce bipartisan gun legislation after the latest tragedy. Senate Minority Leader Mitch McConnell tapped Texas Sen. John Cornyn to work with Democrats on the legislation.

    https://www.politico.com/news/2022/05/30/biden-guns-congress-00035882
     
  23. (original)late

    (original)late Banned

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    Thanks, I don't have the time or patience to do more than I have.

    My fave on the subject is Micheal Waldman's The Second Amendment: a biography. He dives deep into it's history. Once you learn about the history, the Right's arguments look hallucinogenically motivated..

    Now, off to Trader Joes.
     
    Last edited: May 31, 2022
  24. Ddyad

    Ddyad Well-Known Member

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    IOW, you are a newbie. ;-)
     
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  25. (original)late

    (original)late Banned

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    You can't just wave the Constitution around like it's a magic wand.

    It's not.
     

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