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  • Closed Accounts Posts: 20,944 ✭✭✭✭Links234


    When people talk about gun control, they're not usually suggesting a blanket ban, just have some rules or restrictions so that maybe, just maybe someone who was investigated by the FBI twice couldn't buy an AR-15 and hundreds of rounds of ammunition. Conversely, legalizing marijuana is hardly the same thing as blanket legalization of all drugs, some are more dangerous than others!

    But hey, you're fairly on the nose about blanket bans not exactly working as intended and having adverse consequences. Sure blows a hole in Trump's immigration brainfarts, blanket ban on immigration ain't gonna work, gotcha. Border wall gonna drive desparate people to enlist the services of coyotes who'll use them as drug mules and it'll fund cartels, gotcha. ;)


  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    Links234 wrote: »
    Sure blows a hole in Trump's immigration brainfarts, blanket ban on immigration* ain't gonna work, gotcha.
    *not actually a Trump policy. Just another strawman argument.


  • Registered Users, Registered Users 2 Posts: 7,789 ✭✭✭Mark Hamill


    Sparks wrote: »
    Your use of the word "ban" there is sufficiently loose that it's confusing the carp out of me.
    We don't normally say that unlicenced firearms are banned; we say it's illegal to possess them. Because bans generally don't have exemptions governed by licence (I can't think of an example where they are).

    There are plenty of things banned that have exemptions by licence, plenty of drugs and chemicals are banned for the general population, but obtainable with licence. Even the acts of distribution and prescription of many drugs themselves are banned themselves for the general public, but allowed for pharmacies.
    Sparks wrote: »
    It's not actually a ban on the ownership of firearms, it's a ban on applying for a firearms licence (yes, they're functionally very similar, but the difference is not trivial from the point of view of the law even if it makes little difference in people's day to day lives).

    How is it any different?


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    There are plenty of things banned that have exemptions by licence
    No, there are no such things.
    Possession of items can be illegal without a licence, or they can be banned, but it's either/or.
    plenty of drugs and chemicals are banned for the general population, but obtainable with licence.
    Those aren't banned, they're illegal to possess without a licence.
    Even the acts of distribution and prescription of many drugs themselves are banned themselves for the general public, but allowed for pharmacies.
    Again, not banned, illegal without a licence.
    How is it any different?
    The law's written differently, it's enforced differently, and in one case something can still be possessed while in the other case it just can't be.
    And I know it sounds like a small detail, but that's what law is like. The details matter. You can't just say "you know what I mean" because that just doesn't work (hell, most of the "law" part of human history before the code of Ur is just a long history of "you know what I mean" not working).

    Hell, even when you're careful with language and everything's vetted, stuff still breaks (hence things like this).


  • Registered Users, Registered Users 2 Posts: 7,789 ✭✭✭Mark Hamill


    Sparks wrote: »
    No, there are no such things.
    Possession of items can be illegal without a licence, or they can be banned, but it's either/or.


    Those aren't banned, they're illegal to possess without a licence.


    Again, not banned, illegal without a licence.

    How can something be "illegal without a licence" if it hasn't been banned to that extent? And bans do not have to be absolute to be a ban, e.g. prisons (and some other places) are exempt from the smoking ban.
    Sparks wrote: »
    The law's written differently, it's enforced differently, and in one case something can still be possessed while in the other case it just can't be.
    And I know it sounds like a small detail, but that's what law is like. The details matter. You can't just say "you know what I mean" because that just doesn't work (hell, most of the "law" part of human history before the code of Ur is just a long history of "you know what I mean" not working).

    So you are saying that someone can be banned from applying for a fire-arms licence whilst still being allowed to keep and all firearms they may already possess? Because in the UK, they are just banned from owning guns at all:
    (1)[Person with >3 years sentence] shall not at any time have a firearm or ammunition in his possession.

    (2)[Person with 3-36month sentence] shall not at any time before the expiration of the period of five years from the date of his release have a firearm or ammunition in his possession.
    Ireland is not too different, it does mention firearms licence, but it talks about holding a licence, not applying for one:
    (1) The following persons are hereby declared to be disentitled to hold a firearm certificate, that is to say:—
    {SNIP}
    (e) any person who has been sentenced by any court in Saorstát Eireann for any crime to imprisonment for any term of not less than three months which has not expired or has expired within five years previously


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  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    How can something be "illegal without a licence" if it hasn't been banned to that extent?
    Because the two are seperate concepts in law.
    So you are saying that someone can be banned from applying for a fire-arms licence whilst still being allowed to keep and all firearms they may already possess?
    No.
    If you're disentitled from applying under section eight (which is how it's phrased in Irish law), then you're not able to apply for any kind of firearm certificate. But that is something that applies to you, the individual person; while a ban is something that applies to the item, eg. flamethrowers.
    Ireland is not too different, it does mention firearms licence, but it talks about holding a licence, not applying for one:

    Technically it talks about certificates rather than licences (yes, that's an important detail, but for reasons to do with stuff outside of this particular question), and no, section eight is the list of grounds on which you can be disentitled to have a licence (you want to read section 4(2)(c) to see that - section 4 is where the conditions for getting a certificate are listed). If you're disentitled under section 8 then the Gardai are not legally permitted to consider your application, they are required by law to deny it.

    Also, full disclosure, I'm pretty familiar with Irish firearms legislation because I've been studying it for fifteen years.


  • Registered Users, Registered Users 2 Posts: 7,789 ✭✭✭Mark Hamill


    Sparks wrote: »
    Because the two are seperate concepts in law.

    That doesn't answer my question. Something is banned, with exemptions for specific licence holders. Therefore it is illegal without a licence.
    Sparks wrote: »
    No.
    If you're disentitled from applying under section eight (which is how it's phrased in Irish law), then you're not able to apply for any kind of firearm certificate. But that is something that applies to you, the individual person; while a ban is something that applies to the item, eg. flamethrowers.

    No, the disentitlement applies to a category of person, not an individual, and it refers to holding a licence not applying for one. So it is a ban on owning firearms.


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    That doesn't answer my question.
    Yes, it rather does. If something is banned, there is no mechanism available to own it legally. In other words, there is no licencing possible (see, for example, flamethrowers). If something is merely illegal to possess without a licence, then a licencing mechanism has to be legislated for (see, for example, olympic air pistols). They are two separate ways of doing things in law.
    No, the disentitlement applies to a category of person, not an individual, and it refers to holding a licence not applying for one. So it is a ban on owning firearms.
    That's not correct, though I think we're mainly in disagreement because of what we understand by one specific word (in this case, "apply").
    If you, as an individual, are disentitled under section eight then yes, technically you can apply, if by "apply" you mean "hand in the form to the garda station". However, if by "apply" you mean "go through the application process" (which is what most of us mean), then no, you can't, because the gardai are not permitted to consider your application. You're disentitled; the application is denied automatically. Even if the Garda looking at the form wanted to, he or she could not decide on your application (by which I mean, they don't even get to decide to refuse it; you never get to the step where they consider your application). The entire process is short circuited in the Firearms Act itself, because section four lists conditions under which the Gardai may consider your application; you don't meet them because you're disentitled; therefore you don't go through the application process the way we would normally think of it. Even if (hypothetically) the Gardai missed your disentitled status somehow, and wrote out a licence for you, that licence would be null and void because they did not have the legal authority to consider your application, let alone grant it.

    As to categories of people versus an individual, that's not actually the point - the point is that a ban applies to the item and restrictions on ownership (such as licencing systems) apply to the person.

    Yes, we use categories for deciding who is disentitled and who isn't - otherwise we'd have to have a record for every individual in the country that got updated on a daily basis for everyone as they aged, if they were convicted of anything, if they developed or recovered from serious mental health issues and so on; and that would be logistically beyond the abilities of the Gardai (not to mention a ridiculous waste of their time and a massive infringement on civil liberties). But the status of being disentitled or not still applies to an individual - the applicant. So I'm not sure what your point was there.


  • Registered Users, Registered Users 2 Posts: 7,789 ✭✭✭Mark Hamill


    Sparks wrote: »
    Yes, it rather does. If something is banned, there is no mechanism available to own it legally. In other words, there is no licencing possible (see, for example, flamethrowers). If something is merely illegal to possess without a licence, then a licencing mechanism has to be legislated for (see, for example, olympic air pistols). They are two separate ways of doing things in law.

    :rolleyes: We have gone through this, there are plenty of this that are banned that have exemptions, a ban is not necessarily absolute - see the smoking ban.
    Sparks wrote: »
    That's not correct, though I think we're mainly in disagreement because of what we understand by one specific word (in this case, "apply").

    :rolleyes: "Applies" doesn't even appear in the legislation:
    (1) The following persons are hereby declared to be disentitled to hold a firearm certificate, that is to say:—
    {SNIP}
    (e) any person who has been sentenced by any court in Saorstát Eireann for any crime to imprisonment for any term of not less than three months which has not expired or has expired within five years previously

    You are badly trying to twist clear language (well, as clear as you are going to get in Irish legislation) to suit yourself.
    Sparks wrote: »
    So I'm not sure what your point was there.

    My point was how is a ban on firearm ownership different from a ban on applying for a firearms licence. You have failed to show that, not least because we don't ban people from applying for firearms licences, we ban people from holding them. You might claim those two positions are equivalent, and I might normally agree, but you have been trying to argue this whole time that such differences are legally significant.

    My whole point is that your earlier examples of non-ban answers to gun crime (post #1643) actually rely on a number of firearm restrictions (i.e. bans and partial bans) to be effective.


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    :rolleyes: We have gone through this, there are plenty of this that are banned that have exemptions, a ban is not necessarily absolute - see the smoking ban.
    With firearms, bans _are_ absolute. The things that are not absolute are not bans and aren't referred to as such in the legislation (and yes, that detail does matter, it's law, not nattering over a pint in the bar).
    :rolleyes: "Applies" doesn't even appear in the legislation:
    You're looking at section eight, not section four.
    Section eight isn't where the short-circuiting happens.
    (And the fact that "applies" isn't defined in the legislation and we're arguing about what it means should be telling you something)
    You are badly trying to twist clear language (well, as clear as you are going to get in Irish legislation) to suit yourself.
    I'm really, really not. And honestly, there's not much clear language in the firearms act in the first place.
    But it is a good example of why the difference between a ban and something being illegal to possess without a licence is an important one, because it's one Act that defines both (we have a prohibited list in there as well and everything on that list is banned; you can't get licences for them, at all, ever).
    You might claim those two positions are equivalent, and I might normally agree, but you have been trying to argue this whole time that such differences are legally significant.
    That's because they are.
    My whole point is that your earlier examples of non-ban answers to gun crime (post #1643) actually rely on a number of firearm restrictions (i.e. bans and partial bans) to be effective.
    But that's not what is actually going on in those examples, and you're taking the data that showed that one kind of measure works, and using it to support a totally different kind of measure, whose data shows it does not work.

    This is one of the causes of the screaming fit that passes for social debate on this issue in the US - you cannot take data that supports one kind of measure and call for another kind of measure instead, especially when the data says that alternative doesn't work, and still expect those who would be adversely affected by it to support your argument. All you'll do is create two sides that yell at each other.


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  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    A loon has tried to assasinate The Donald.
    Shooting Trump would hardly be consistent an "anti-gun" or "anti-hate" philosophy. But nutters will be nutters.

    In a more credible threat, it has has emerged that Islamic fundamentalists may have been "encouraged" to do the deed.


  • Registered Users, Registered Users 2 Posts: 7,789 ✭✭✭Mark Hamill


    Sparks wrote: »
    With firearms, bans _are_ absolute. The things that are not absolute are not bans and aren't referred to as such in the legislation (and yes, that detail does matter, it's law, not nattering over a pint in the bar).

    Nothing is referred to as a ban in legislation, the terms used are prohibition and restriction. So you are still making up distinctions that aren't there.
    Sparks wrote: »
    (And the fact that "applies" isn't defined in the legislation and we're arguing about what it means should be telling you something)

    Yeah, it tells me that in post 1647, when you claimed legislation was really in terms of applying for a firearms licence that you were talking nonsense.
    Sparks wrote: »
    (we have a prohibited list in there as well and everything on that list is banned; you can't get licences for them, at all, ever).

    But the lists don't refer to them as banned, but prohibited or restricted, so by your empty semantic argument above there isn't a ban at all (and yes, that detail does matter, it's law, not nattering over a pint in the bar:rolleyes:).
    Sparks wrote: »
    But that's not what is actually going on in those examples, and you're taking the data that showed that one kind of measure works, and using it to support a totally different kind of measure, whose data shows it does not work.

    This is one of the causes of the screaming fit that passes for social debate on this issue in the US - you cannot take data that supports one kind of measure and call for another kind of measure instead, especially when the data says that alternative doesn't work, and still expect those who would be adversely affected by it to support your argument. All you'll do is create two sides that yell at each other.

    Except a) the measure shown to work (whatever novel police procedures were in the examples) relies on the other measure (banning) for most of its effectiveness and b) the data doesn't say that banning doesn't work (unless you strawman the original claims in support of banning).


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    Nothing is referred to as a ban in legislation, the terms used are prohibition and restriction. So you are still making up distinctions that aren't there.
    So you're saying that I'm trying to point out that bans and restricted access are separate things... but I'm wrong and making stuff up because the actual legislation calls them prohibition and restriction?
    Even though you have the actual terms incorrect?
    Look, I'm starting to think you haven't read the Act here. Or more accurately, haven't read all sixteen of them and the dozens of SIs that stitch them together, or read the explanatory notes, or the EU directives involved, or followed the reasoning behind the legislation by those who framed it, or even read the operational guidelines behind enforcing the Act contained in the Commissioner's Guidelines, let alone read the relevant case law.
    (I'm trying to explain here that the Firearms Act isn't a simple document you can just google and argue about, the thing is one of the worst examples of badly drafted law in Ireland, and that the Law Reform Commission and High Court judges alike have said so and called for it to be drafted properly. Seriously, it's a mess, here's a diagram of it. We didn't even have a legal textbook for the thing until last year, and that textbook now has errors in it because they've changed the law twice since it was published).

    Yeah, it tells me that in post 1647, when you claimed legislation was really in terms of applying for a firearms licence that you were talking nonsense.
    What it *should* have told you is that it's important in law that the terms be defined precisely because what is obvious and self-evidently one thing to one person may not be to everyone else (and there are several examples in the act where bad definitions cause that kind of thing in practice, which has led to literally hundreds of high court cases).
    Which is pretty much the problem we've been talking about.
    But the lists don't refer to them as banned, but prohibited or restricted, so by your empty semantic argument above there isn't a ban at all (and yes, that detail does matter, it's law, not nattering over a pint in the bar:rolleyes:).
    Restricted in the Irish firearms act isn't what you're suggesting it is there. In the act, restricted is in reference to two separate classes of firearm which are governed by two separate licences which have different licencing procedures - you can have an unrestricted firearms certificate, for something like a smallbore rifle, say; and you can have a restricted firearms certificate, for something like a semiautomatic fullbore rifle (the full list of what kind of firearm is on what list is set out in three SIs). They're called restricted and unrestricted because Minister McDowell was not a very good drafter of legislation. In every other jurisdiction they'd be called different classes of firearm, for example in the EU you'd refer to class A, B, C or D firearms. But we had to be different apparently so we used "restricted" and "unrestricted" even though it's one of the dafter misnomers in the Act (because both classes of firearm are restricted - you can't have one from either category without a licence).
    Except a) the measure shown to work (whatever novel police procedures were in the examples) relies on the other measure (banning) for most of its effectiveness
    No, it relies on the article being illegal to possess. And, far more pertinently, on the police being directed to enforce that law and funded to do so, but that point appears to have slipped by the wayside here.
    and b) the data doesn't say that banning doesn't work (unless you strawman the original claims in support of banning).
    No, the data from the cited papers earlier shows that the ban used in Australia did not affect the already-declining rate of overall gun crime, nor did it affect the suicide rates, nor did it prevent the subsequent mass shootings in Monash and Sydney. Data from the UK shows that despite bringing in seperate gun bans twice, the overall gun crime rate went up substantially and they had subsequent mass shootings in Dunblane and Cumbria. I'm hesitant to trust US data, but it does indicate that the bans they tried there were similarly ineffective (but it's the US and their data isn't great so that's a debatable point).


  • Registered Users, Registered Users 2 Posts: 7,789 ✭✭✭Mark Hamill


    Sparks wrote: »
    So you're saying that I'm trying to point out that bans and restricted access are separate things... but I'm wrong and making stuff up because the actual legislation calls them prohibition and restriction?

    You tried to claim that firearm bans are special bans that are always absolute, and that every other type of ban that has exemptions is not legally called a ban. I have shown that no ban, absolute or otherwise is called a ban, hence your legal semantic has fallen on it's face.
    Sparks wrote: »
    Restricted in the Irish firearms act isn't what you're suggesting it is there.

    I'm suggesting restricted refers to what kind of firearm can be owned and by who, and it looks like I'm right. Even if not, you still haven't addressed the point that "ban" is not used in the legislation anywhere.
    Sparks wrote: »
    No, it relies on the article being illegal to possess. And, far more pertinently, on the police being directed to enforce that law and funded to do so, but that point appears to have slipped by the wayside here.

    Slipped? I'd say more that you have pushed it. To go back to one of my earliest posts on this thread:
    The police can only raid criminals and confiscate guns if ownership of those guns have been banned in the first place.
    Sparks wrote: »
    No, the data from the cited papers earlier shows that the ban used in Australia did not affect the already-declining rate of overall gun crime, nor did it affect the suicide rates, nor did it prevent the subsequent mass shootings in Monash and Sydney. Data from the UK shows that despite bringing in seperate gun bans twice, the overall gun crime rate went up substantially and they had subsequent mass shootings in Dunblane and Cumbria. I'm hesitant to trust US data, but it does indicate that the bans they tried there were similarly ineffective (but it's the US and their data isn't great so that's a debatable point).

    Any you are still strawmanning :rolleyes:. The point of the bans is to make mass shootings less likely (because of overall fewer guns in circulation) and less dangerous (because of the guns remaining being smaller and less deadly), either or both of which the data does support. The bans don't address general gun crime because general gun crime is usually committed with illegally held guns anyway.


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    You tried to claim that firearm bans are special bans that are always absolute, and that every other type of ban that has exemptions is not legally called a ban. I have shown that no ban, absolute or otherwise is called a ban, hence your legal semantic has fallen on it's face.
    ...are you just taking the mick at this point?
    A ban is absolute. That's how our law works. That's how the UK law works. If it's not absolute, it's not a ban, it's a different category of thing in those bodies of law. That's not even a debate, it's an axiom.
    I'm suggesting restricted refers to what kind of firearm can be owned and by who, and it looks like I'm right.
    No, according to Irish law, the term "restricted firearm" and "unrestricted firearm" both refer to classes of firearm which can be possessed under licence. They do not refer to the common term "restricted" meaning "controlled", because both "restricted firearm" and "unrestricted firearm" are controlled in that sense; the restricted/unrestricted distinction does not impact on the whether or not a firearm can be possessed. I know it's a bad choice of word, I didn't choose it, and we objected to the naming at the time on the grounds that it was confusing but we're stuck with it.

    Also, the verb is not "owned" here, but "possessed". You can own damn near anything under Irish firearms law, it's possession which we control. Buy all the fully automatic 20mm cannons you want, have fun; but you can't ever actually have them in your possession.
    Even if not, you still haven't addressed the point that "ban" is not used in the legislation anywhere.
    The law uses the word "prohibited" and a couple of articles stating that they may not be possessed under any circumstances, rather than using a single word to cover something the framers wanted covered in more detail. I'm sorry they didn't write it so you would understand it, it's a genuine weakness in the law because if a law's not readily understood, that's a flaw; but as the freemen-on-the-land idiots prove on a regular basis, just because you disagree with how a law is worded does not mean the courts will agree.
    Slipped? I'd say more that you have pushed it. To go back to one of my earliest posts on this thread:
    The police can only raid criminals and confiscate guns if ownership of those guns have been banned in the first place.
    And again, this is incorrect. How do I know it's incorrect? Because the police here have in many, many cases raided criminals and confiscated firearms that are legal to possess under licence, but for which they had no licence, making their possession illegal. That's how the law is worded, that's how the law is enforced. Again, this is not a matter of debate, it's an axiom.
    Any you are still strawmanning :rolleyes:.
    I haven't yet, so "still" is incorrect.
    The point of the bans is to make mass shootings less likely (because of overall fewer guns in circulation) and less dangerous (because of the guns remaining being smaller and less deadly), either or both of which the data does support.
    No, the entire reason for introducing the bans was to prevent mass shootings. Both in the UK and in Australia. In that, they failed, because subsequent mass shootings occurred. In affecting gun crime, they failed, because the rate of gun crime was not measurably reduced by those bans (and in the UK, the rate actually increased). That's the observed data, not hypothesis or conjecture or semantics. I don't quite understand how you can look at actual observed data and just dismiss it. If you had arguments about collection methods or statistical analysis or methodology, that would at least be something, but you're simply dismissing data because it doesn't fit your preexisting belief of what the answer should be.


  • Registered Users, Registered Users 2 Posts: 7,789 ✭✭✭Mark Hamill


    Sparks wrote: »
    ...are you just taking the mick at this point?
    A ban is absolute. That's how our law works. That's how the UK law works. If it's not absolute, it's not a ban, it's a different category of thing in those bodies of law. That's not even a debate, it's an axiom.


    No, according to Irish law, the term "restricted firearm" and "unrestricted firearm" both refer to classes of firearm which can be possessed under licence. They do not refer to the common term "restricted" meaning "controlled", because both "restricted firearm" and "unrestricted firearm" are controlled in that sense; the restricted/unrestricted distinction does not impact on the whether or not a firearm can be possessed. I know it's a bad choice of word, I didn't choose it, and we objected to the naming at the time on the grounds that it was confusing but we're stuck with it.

    Also, the verb is not "owned" here, but "possessed". You can own damn near anything under Irish firearms law, it's possession which we control. Buy all the fully automatic 20mm cannons you want, have fun; but you can't ever actually have them in your possession.


    The law uses the word "prohibited" and a couple of articles stating that they may not be possessed under any circumstances, rather than using a single word to cover something the framers wanted covered in more detail. I'm sorry they didn't write it so you would understand it, it's a genuine weakness in the law because if a law's not readily understood, that's a flaw; but as the freemen-on-the-land idiots prove on a regular basis, just because you disagree with how a law is worded does not mean the courts will agree.


    And again, this is incorrect. How do I know it's incorrect? Because the police here have in many, many cases raided criminals and confiscated firearms that are legal to possess under licence, but for which they had no licence, making their possession illegal. That's how the law is worded, that's how the law is enforced. Again, this is not a matter of debate, it's an axiom.


    I haven't yet, so "still" is incorrect.


    No, the entire reason for introducing the bans was to prevent mass shootings. Both in the UK and in Australia. In that, they failed, because subsequent mass shootings occurred. In affecting gun crime, they failed, because the rate of gun crime was not measurably reduced by those bans (and in the UK, the rate actually increased). That's the observed data, not hypothesis or conjecture or semantics. I don't quite understand how you can look at actual observed data and just dismiss it. If you had arguments about collection methods or statistical analysis or methodology, that would at least be something, but you're simply dismissing data because it doesn't fit your preexisting belief of what the answer should be.

    Your post is just all over the place, hammering irrelevant semantics (in terms of this debate) and repeatedly touching on the same illogical claims and strawmen in multiple places. I couldn't be bothered to respond piecemeal (and repeat myself), so I'll keep it simple:

    Bans can be partial or have exemptions (eg the smoking ban)
    No ban uses the term "ban" legally - so you can't say the smoking ban isn't a ban because it doesn't say ban.
    Restricted firearms and non-restricted firearms have different criteria for their licences - therefore restricted refers to what kind of firearm can be owned and by who. And regardless of what restricted means, it alongside "prohibition" is used in the law, not "ban".

    The police can only raid criminals and confiscate guns if ownership possession of those guns have been banned in the first place - which requires a ban (in this on people with a criminal record for possessing guns).

    Yes, gun bans are to prevent mass shootings, just like hospitals are for preventing death. But only an idiot would think that hospitals are a failed notion because people will still eventually die. It is strawman, as has been pointed out to you repeatedly, to try and claim that the argument is that gun bans will stop all mass shootings. It is another strawman to refer to data on criminal gang gun crime (who generally use illegal guns and don't generally engage in lone suicidal gun man shooting sprees) to contradict the argument for gun bans.


  • Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    Bans can be partial or have exemptions (eg the smoking ban)
    To keep it simple, that's not how firearms bans work. Our law is not written that way, nor is it written that way in the UK.
    No ban uses the term "ban" legally - so you can't say the smoking ban isn't a ban because it doesn't say ban.
    To keep it simple, that's a freeman-on-the-land level of assertion, it's not how law works.
    Restricted firearms and non-restricted firearms have different criteria for their licences - therefore restricted refers to what kind of firearm can be owned and by who.
    Again, that's not what "restricted" means in the context of the firearms act.
    And regardless of what restricted means, it alongside "prohibition" is used in the law, not "ban".
    Again, that's not how law works.
    The police can only raid criminals and confiscate guns if ownership possession of those guns have been banned in the first place - which requires a ban (in this on people with a criminal record for possessing guns)
    Again, not true, possession of an unlicenced firearm is not an offence that requires that firearm to be banned. You catch someone with a 12-gauge shotgun robbing a post office, they don't get charged with possession of a banned firearm, they get charged (along with many other things) with possession of an unlicenced firearm.
    Yes, gun bans are to prevent mass shootings, just like hospitals are for preventing death.
    That *is* what gun bans are proposed for; it is *not* what hospitals are for.
    (Hospitals are there to treat the sick; not prevent death).
    It is strawman, as has been pointed out to you
    No, it's not a strawman argument to cite the given reason for introducing gun ban legislation. A strawman argument would be, for example, to say that people think hospitals are there to prevent death and therefore that they are failures -- while the truth is that nobody thinks hospitals exist only to prevent death and are judged on that metric. Saying that gun ban legislation was introduced to prevent further mass shootings is not an argument where you have a hypothesis and supporting logic and data - it is just reporting what actually happened, and what was said at the time by those framing the legislation.
    It is another strawman to refer to data on criminal gang gun crime
    No, it's a strawman argument to say that that's what is being done (the statistics were not limited in that way in the research). Actually, that might be giving you too much credit, because it is rather implying you read the research and I'm now of the pretty strong belief that you haven't and are just arguing a position because you want it to be right no matter what actual observed data reveals or what the actual existing law says.

    And in there is the heart of why there isn't a decent debate on this topic; it takes time and effort to learn what the existing laws are and what the data is on the actual problem; but it's far simpler to simply think up an idea for a solution that sounds truthy and then say that that's the obvious answer and anyone pointing out the inconvenient point that it's not supported by experience or data and ignores the existing law is then made the subject of ad hominem arguments and the data and observations and laws are dismissed without justification.

    Do that for not very long at all and you have the state of the "debate" in the US. And you haven't solved the original problem either, so you're still seeing horrific stories on the news regularly, and then the same people who will not put in the time or effort to study the situation pipe up with the same argument that their off-the-cuff-first-thought idea is the obvious solution and round the cycle we go again.


  • Registered Users, Registered Users 2 Posts: 7,789 ✭✭✭Mark Hamill


    Sparks wrote: »
    To keep it simple, that's not how firearms bans work. Our law is not written that way, nor is it written that way in the UK.

    To keep it simple, that's a freeman-on-the-land level of assertion, it's not how law works.

    Again, that's not what "restricted" means in the context of the firearms act.

    Again, that's not how law works.

    Not once above do you actually present an argument against what I said, you just make baseless assertions around firearm bans being a special kind of ban, different to every other kind of ban.
    Sparks wrote: »
    Again, not true, possession of an unlicenced firearm is not an offence that requires that firearm to be banned. You catch someone with a 12-gauge shotgun robbing a post office, they don't get charged with possession of a banned firearm, they get charged (along with many other things) with possession of an unlicenced firearm.

    Because possession of a firearm is banned without a licence.
    Sparks wrote: »
    That *is* what gun bans are proposed for; it is *not* what hospitals are for.
    (Hospitals are there to treat the sick; not prevent death).

    Treat illness to prevent death. More semantic nonsense? Haven't you produced enough?
    Sparks wrote: »
    No, it's not a strawman argument to cite the given reason for introducing gun ban legislation.

    It is when you try and use an absolutist interpretation, which was never intended, to try and say they failed. All legislation is brought in to prevent something - be it drink driving, smoking indoors or possession of certain firearms by certain people. But it is obvious that there will be some people who will do it regardless, hence the legislation details punishments for those who do.
    Sparks wrote: »
    Actually, that might be giving you too much credit, because it is rather implying you read the research and I'm now of the pretty strong belief that you haven't and are just arguing a position because you want it to be right no matter what actual observed data reveals or what the actual existing law says.

    We already went though your research. They all dealt with violent crime in general and both the UK newspaper and the US study reported on the effectiveness of, amongst other actions, being able to take illegal guns off of criminals. So like I said it is a "strawman to refer to data on criminal gang gun crime (who generally use illegal guns and don't generally engage in lone suicidal gun man shooting sprees) to contradict the argument for gun bans."

    Not to mention, in all cases there was still some crime regardless of the other measures proposed (reductions were discussed in all sources, not total elimination), therefore going by your other strawman logic, these methods are failures too.

    I'm not interested in repeating myself ad nauseum to someone twists everything being said in a condescending and insulting tone.


  • Registered Users, Registered Users 2 Posts: 35,953 ✭✭✭✭Hotblack Desiato


    Jaysus wept. Get a room lads.

    In Cavan there was a great fire / Judge McCarthy was sent to inquire / It would be a shame / If the nuns were to blame / So it had to be caused by a wire.



  • Moderators, Society & Culture Moderators Posts: 24,421 Mod ✭✭✭✭robindch


    Sparks wrote: »
    Robin, this is not the first time we've talked about this, and [...] I'm not willing to discuss it further with you until you accept the actual observed facts.
    I'm wondering if you're unwilling to discuss it with me because last time we did, you ended up receiving a yellow card over in After Hours for personal abuse.

    Anyhow, in previous post, you make the following claim about a NAS report, I believe the one entitled "Firearms and Violence", concerning research into gun violence in the USA:
    Sparks wrote: »
    [...] the National Academy of Sciences pointed out some years ago, there wasn't any trustworthy research in the US on this topic because all of it was highly partisan and usually flawed in some basic way, so the CDC is almost starting from scratch, at least where the last few decades in the US is concerned.
    Can you please let us know where exactly the NAS report makes this claim as I can't seem to find it on a quick read through?


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  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    Swedish Police would like your help to find these people smugglers :pac:


    http://www.svt.se/nyheter/utrikes/interpol-ber-om-hjalp-att-hitta-manniskosmugglare

    infrahydra-jpg

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 1,116 ✭✭✭Trent Houseboat


    I don't get it. Their faces are blurred and I don't speak Swedish.
    I don't know enough about Captain America to know if it's a Hail Hydra reference.


  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    I don't get it. Their faces are blurred and I don't speak Swedish.
    I don't know enough about Captain America to know if it's a Hail Hydra reference.

    Sweden just being politically correct , the Swedish Police want these people caught but they pixel out there faces so as not to indicate their race

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    I'm pretty sure that is Michael Nugent at the top right hand side.


  • Registered Users, Registered Users 2 Posts: 16,197 ✭✭✭✭Pherekydes


    silverharp wrote: »
    Sweden just being politically correct , the Swedish Police want these people caught but they pixel out there faces so as not to indicate their race

    I can't find that pic anywhere on the Swedish Police website. Can you link us to it?


  • Posts: 0 ✭✭✭✭ Jeremy Howling Raffle


    Pherekydes wrote: »
    I can't find that pic anywhere on the Swedish Police website. Can you link us to it?

    Not the police site, but reverse image search turned up SVT.SE (RTÉ equivalent)
    http://www.svt.se/nyheter/utrikes/interpol-ber-om-hjalp-att-hitta-manniskosmugglare

    Which seems bizarre considering the images are available unpixelated elsewhere?!
    http://www.bbc.co.uk/news/world-europe-36605791

    _90069017_mediaitem90069016.jpg


  • Registered Users, Registered Users 2 Posts: 16,197 ✭✭✭✭Pherekydes


    Not the police site, but reverse image search turned up SVT.SE (RTÉ equivalent)
    http://www.svt.se/nyheter/utrikes/interpol-ber-om-hjalp-att-hitta-manniskosmugglare

    Which seems bizarre considering the images are available unpixelated elsewhere?!
    http://www.bbc.co.uk/news/world-europe-36605791

    _90069017_mediaitem90069016.jpg

    Yeah, the original image is on the Interpol website, and the Swedish Police link to the Interpol site, so where have the Swedish Police pixelated the pic?

    More aimed at Silverharp rather than you...


  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    Possibly whats happening here is the original image was produced by Interpol.
    Then the Swedish national broadcaster, when reporting the story, felt the need to pixelate the faces.
    The Swedish police probably haven't reproduced the pic in the original form because of their political restrictions. Or in the pixellated form, because there is no point. Hence its absence from their material, but they would presumably still like to apprehend the fugitives if they turned up in Sweden, hence they must link to the Interpol site where people can see the image in non-pc form.

    Apologies to Michael Nugent, its just somebody wearing the same shirt.


  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    Pherekydes wrote: »
    Yeah, the original image is on the Interpol website, and the Swedish Police link to the Interpol site, so where have the Swedish Police pixelated the pic?

    More aimed at Silverharp rather than you...

    just me being flippant but on the basis that the police depend on the media they have their hands tied none the less.

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



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  • Moderators, Society & Culture Moderators Posts: 24,421 Mod ✭✭✭✭robindch


    Missed this one last March - the LSE students' union asked women at a womens' issues event not to clap as it clapping was "triggering". And to use Jazz Hands instead.

    http://www.bbc.co.uk/newsbeat/article/32032291/students-swap-clapping-for-jazz-hands-at-nus-event


  • Posts: 0 ✭✭✭✭ Jeremy Howling Raffle


    School bans clapping and allows students ‘silent cheers’ or air punching but only when teachers agree

    Wtf goes through some people's heads?

    Also this annoyed me more to be honest.
    The ban follows a direction at exclusive Cheltenham Girls High School in northwest Sydney for teachers to avoid discrimination and support LGBTI students by avoiding the words “girls”, “ladies” or “women”.

    "Could All the gir.., sorry wom.... no no. What are we allowed? Could all the ladi... ****. Could anyone without a penis please go to Room 6 for the introduction to your puberty lesson? Thank you"


  • Registered Users, Registered Users 2 Posts: 35,953 ✭✭✭✭Hotblack Desiato


    "Could All the gir.., sorry wom.... no no. What are we allowed? Could all the ladi... ****. Could anyone without a penis please go to Room 6 for the introduction to your puberty lesson? Thank you"

    That's going to be a bit triggering for a victim of a circumcision accident...

    In Cavan there was a great fire / Judge McCarthy was sent to inquire / It would be a shame / If the nuns were to blame / So it had to be caused by a wire.



  • Registered Users, Registered Users 2 Posts: 1,116 ✭✭✭Trent Houseboat




  • Moderators, Society & Culture Moderators Posts: 24,421 Mod ✭✭✭✭robindch


    I was in Colombia twice in the last year and saw plenty of people with white skin speaking Spanish quite well. And no less a citizen than the governor of Florida, Jeb Bush himself, speaks a few words as well.

    Can't see this one ending happily for Ms Rosner.


  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    Rosner said the school could have given her the position and had another instructor teach the Spanish component.
    She seems to be relying on the assertion that its an "arts and languages" post, not a "spanish language" teaching post. But given that there seems to be a Hispanic vibe to the school, most of the kids are going to choose Spanish as an easy option, being virtually native speakers anyway. She probably thought she could take the post and just teach the other components, which may or may not have been feasible depending on what other teachers she would be sharing the classes with.


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  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    beware the jobsworth


    http://www.telegraph.co.uk/news/uknews/law-and-order/9105788/Fireman-Sam-creator-detained-at-airport-for-veil-comment-at-security-gate.html

    Fireman Sam creator detained at airport for veil comment at security gate
    A retired fireman, and creator of the popular children's character, Fireman Sam, was detained at an airport for questioning why a veiled woman was not checked by security.

    As David Jones arrived at the security gates at Gatwick airport, he was looking forward to getting through swiftly so he could enjoy lunch with his daughters before their flight.
    Placing his belongings, including a scarf, into a tray to pass through the X-ray scanner he spotted a Muslim woman in hijab pass through the area without showing her face.
    In a light-hearted aside to a security official who had been assisting him, he said: “If I was wearing this scarf over my face, I wonder what would happen.”
    The quip proved to be a mistake. After passing through the gates, he was confronted by staff and accused of racism.

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 35,953 ✭✭✭✭Hotblack Desiato


    racism.

    Idiots. Islam is not a race.

    Just a coinkydink though that we're now hearing about a page of the world's second most popular work of fiction turning up in aforementioned kids' TV series, or what?!?

    In Cavan there was a great fire / Judge McCarthy was sent to inquire / It would be a shame / If the nuns were to blame / So it had to be caused by a wire.



  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    Idiots. Islam is not a race.

    Just a coinkydink though that we're now hearing about a page of the world's second most popular work of fiction turning up in aforementioned kids' TV series, or what?!?

    I'd heard that , brilliant "easter egg" if thats the term.

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 26,846 ✭✭✭✭Peregrinus


    School bans clapping and allows students ‘silent cheers’ or air punching but only when teachers agree

    Wtf goes through some people's heads?

    Also this annoyed me more to be honest.



    "Could All the gir.., sorry wom.... no no. What are we allowed? Could all the ladi... ****. Could anyone without a penis please go to Room 6 for the introduction to your puberty lesson? Thank you"
    You're giving too much credence to the Murdoch press, Emmet. (Why are atheists so credulous? You'd think if anybody should have their critical instincts finely honed, it would be the participants on this board. But apparently not.)

    The detail omitted from the story about the school that wanted "silent cheers" at the school assembly was that one of the teaching staff members suffered from a hearing disability which has the result that she finds sudden, loud noises physically painful. As a courtesy to her. students were asked to find other ways to express enthusiasm at all-school assemblies.

    Those details are omitted from the story because, if they were included, the story wouldn't work to fuel your sense of angered grievance which sells so many papers, and elects so many socially conservative right-wing politicians.

    As for the other story, about the Cheltenham Girls High School banning the use of the word "girl", pause for a moment and ask yourself just how likely that is that a school so named would do that? Or even could do that?

    The correct answer, for six points, is that it's not likely at all. The story is a complete fiction. It never occurred. It has "no basis in fact". The (Sydney) Daily Telegraph simply made it up as part of their ongoing odious campaign against the Safe Schools Initiative, a programme which seeks to eliminate bullying on the basis of gender, sexual orientation or sexual identity.

    (The Safe Schools Initiative does not involve avoiding gendered language. But a little detail like that would never bother the Telegraph. They know their readers will believe any old sh!te they care to print, so not only can you safely make up stuff, but you can safely make up stuff that doesn't even make sense, and still get away with it.)


  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    Peregrinus wrote: »
    You're giving too much credence to the Murdoch press, Emmet. (Why are atheists so credulous? You'd think if anybody should have their critical instincts finely honed, it would be the participants on this board. But apparently not.)

    you are being a bit harsh, this stuff about not clapping is popping up in some universities so it seems plausible so I am not seeing the atheist being gullible angle? it certainly behooves to look for other sources and in this case the story looks like it was deliberately distorted

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



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  • Registered Users, Registered Users 2 Posts: 26,846 ✭✭✭✭Peregrinus


    Maybe I am being a bit harsh - sorry, Emmet, I'll buy you a pint some time - but, hey, a forum in which people are critical of religious texts but uncritical of what they read in the Murdoch press is not exactly the most favourable presentation of atheism/agnosticism/rationalism/scepticism, is it?


  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    Peregrinus wrote: »
    Maybe I am being a bit harsh - sorry, Emmet, I'll buy you a pint some time - but, hey, a forum in which people are critical of religious texts but uncritical of what they read in the Murdoch press is not exactly the most favourable presentation of atheism/agnosticism/rationalism/scepticism, is it?

    the big papers have probably had their day anyway , a lot of the good stuff these days is being captured first hand on mobile phones and other social media so might be less likely to be filtered through some click bait hack.

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 26,846 ✭✭✭✭Peregrinus


    silverharp wrote: »
    the big papers have probably had their day anyway , a lot of the good stuff these days is being captured first hand on mobile phones and other social media so might be less likely to be filtered through some click bait hack.
    Oh, God, no. It's worse than ever. I may be capturing "good stuff" on my mobile phone, but you're never going to know about it unless it's served up to you through some popular social media outlet. That website, and its editors, will decide which mobile phone videos you will see, and what you will be told about what the video shows, where and when it was made, etc. and what you should think about it. Be assured that the news and social media outlets on the internet will be just as biased, just as profit-driven, just as editorially controlled and mediated, as the newspapers and television channels have been.


  • Posts: 0 ✭✭✭✭ Jeremy Howling Raffle


    Peregrinus wrote: »
    ....bitchslap.......

    yup, hook line and sinker


  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    Peregrinus wrote: »
    Oh, God, no. It's worse than ever. I may be capturing "good stuff" on my mobile phone, but you're never going to know about it unless it's served up to you through some popular social media outlet. That website, and its editors, will decide which mobile phone videos you will see, and what you will be told about what the video shows, where and when it was made, etc. and what you should think about it. Be assured that the news and social media outlets on the internet will be just as biased, just as profit-driven, just as editorially controlled and mediated, as the newspapers and television channels have been.

    I don't disagree but at least its possible to triangulate stuff and I think everyone realises that stories can be distorted. If its anything substantive someone will get to the bottom of it. I prefer the more chaotic news age we are entering than the faith people had in papers 20 years ago pre internet where you were a captive audience

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Posts: 0 ✭✭✭✭ Jeremy Howling Raffle


    The important thing is to take in a wide breadth of sources.

    https://www.ocf.berkeley.edu/~andrei/downloads/echo.pdf

    The 'stream' / 'flow' model of news that most people inhale is patently dangerous.



    A good dose of Morning Star, followed by Breitbart, before having a glance at the Huffington Post and then RT. Then open The Guardian, then The Telegraph and finally finish with Al Jazeera and The Independent.

    Get a good smattering of opinions, don't just listen to ****e you agree with.


  • Registered Users, Registered Users 2 Posts: 9,788 ✭✭✭MrPudding


    T

    A good dose of Morning Star, followed by Breitbart, before having a glance at the Huffington Post and then RT. Then open The Guardian, then The Telegraph and finally finish with Al Jazeera and The Independent.

    Get a good smattering of opinions, don't just listen to ****e you agree with.
    393461.jpg

    MrP


  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    Peregrinus wrote: »
    The detail omitted from the story about the school that wanted "silent cheers" at the school assembly was that one of the teaching staff members suffered from a hearing disability..
    Seems legit. More here.


  • Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    recedite wrote: »
    Seems legit. More here.

    is it good for the kids though? , kids want to be loud and express themselves , why doesn't the teacher just avoid the assemblies?

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 26,846 ✭✭✭✭Peregrinus


    silverharp wrote: »
    is it good for the kids though? , kids want to be loud and express themselves , why doesn't the teacher just avoid the assemblies?
    If she's a class teacher, she has to be there with her class. That's how school assemblies work.


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