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BREAKING: Maryland school shooting

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Comments

  • Registered Users, Registered Users 2 Posts: 4,119 ✭✭✭Gravelly


    I’m confused.

    There is The Constitution but also each state has it’s own constitution?
    So if your states constitution says guns can only be purchased by people over 30 years old (just making that up), could you then ignore that and say the other Constitution says I can?
    If the main Constitution said over 30s only can you refer to your states constitution saying that rule doesn’t apply here?

    Supremacy Clause. Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.


  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    Gravelly wrote: »
    Supremacy Clause. Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

    But if the 2nd Amendment was overturned, can individual States legislate to allow their citizens the right to bear arms?

    Fair enough, you wouldn't have a right under the US Constitution to bear arms if the Second Amendment was overturned, but can you have that right bestowed by State Constitution?


  • Closed Accounts Posts: 23,495 ✭✭✭✭Billy86


    BattleCorp wrote: »
    If I own a gun, does that mean I support school shootings?
    No, but if you oppose making it harder to get guns in order to prevent these kind of situations then it does mean that you support school shootings more than you do gun control.


  • Registered Users, Registered Users 2 Posts: 4,119 ✭✭✭Gravelly


    BattleCorp wrote: »
    But if the 2nd Amendment was overturned, can individual States legislate to allow their citizens the right to bear arms?

    Fair enough, you wouldn't have a right under the US Constitution to bear arms if the Second Amendment was overturned, but can you have that right bestowed by State Constitution?

    I don't know is the honest answer to that - I assume it would depend on what the second amendment was replaced with. In the absence of any mention of a right to bear arms in the constitution, I suppose it would be up to the state constitution or law.


  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    Billy86 wrote: »
    No, but if you oppose making it harder to get guns in order to prevent these kind of situations then it does mean that you support school shootings more than you do gun control.

    I am in favour of gun control. But I don't equate gun control with banning guns. I equate gun control with making sure that guns are in safe hands.

    I propose making it harder for people with a criminal past from getting a firearm. I propose making it harder for people with addiction issues, mental issues etc. from getting guns.

    I don't propose to make it harder for normal, well adjusted people from getting guns.

    How will keeping guns away from responsible, well adjusted people help prevent school shootings?


  • Moderators, Society & Culture Moderators Posts: 16,457 Mod ✭✭✭✭Manic Moran


    BattleCorp wrote: »
    Gravelly wrote: »
    Supremacy Clause. Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

    But if the 2nd Amendment was overturned, can individual States legislate to allow their citizens the right to bear arms?

    Fair enough, you wouldn't have a right under the US Constitution to bear arms if the Second Amendment was overturned, but can you have that right bestowed by State Constitution?

    The direct question, perhaps unsurprisingly, has never arisen to the level of the Supreme Court. Some 45 States have a right to arms in their Constitutions. A number are direct copies of the Federal 2A, and a number are extremely specific to include protection of arms for defense of self, House, hunting and any lawful purpose. The full list is here. http://www2.law.ucla.edu/volokh/beararms/statecon.htm


    The idea of something being illegal at the Federal level, but specifically legal at the State level is not new. Witness the current fun with respect to Marijuana. The end result is something of an uneasy truce, the federal agencies will generally only focus on troublesome aspects of the drug trade which go beyond what even the State will permit. So while dispensaries etc can be raided by the Feds, they usually are not. As it’s State and Local police doing that sort of routine contact, they obviously are not going to object to what is legal in their jurisdiction. So there is certainly precedent for States doing things contrary to federal law.

    The legal argument for federal enforcement on marijuana no matter the legality in the State is the Supreme Court case of Gonzales v Raich, in which it was held that as marijuana could easily cross State lines, and it was all but impossible to prove that something had or had not originated in a State, the Feds could still enforce the laws under the Interstate Commerce clause. In response, there have been proposals for only State laws to apply to arms clearly marked (engraved) with State of manufacture in that state. As mentioned, this theory has not yet been tested at the Supreme Court level.


  • Registered Users, Registered Users 2 Posts: 5,301 ✭✭✭Snickers Man


    BattleCorp wrote: »
    I'm like a broken record here. Why can't someone own a gun and still value life?

    If I own a gun, does that mean I support school shootings?

    I don't think there is a country in the Western Democratic World that says to its citizens: "You can't own a gun".

    There are very few that regard it as a God-given right (literally--the US Declaration of Independence says that "all men...are endowed by their Creator with certain unalienable rights") to walk around bearing a loaded battlefield weapon, with the understanding that little provocation is required to entitle you to kill somebody with it.

    In this country you can own a gun, subject to certain restrictions. You can own a gun in France, Germany, Spain, Finland, heck even in Britain--although handguns have been outlawed since Dumblane--it is perfectly legal to own a gun for perfectly reasonable purposes.

    These do not include discouraging people from keying your car, or looking at your girlfriend's arse or taking out adolescent frustrations on your local school population.

    So don't confuse the two. I'm sure you love your kids. But if you want to own a gun, in this country at least, keep it under lock and key, don't transport it in a loaded state and whatever you do, don't aim it at another human being.

    How ****ing hard is that to fathom?


  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp



    So don't confuse the two. I'm sure you love your kids. But if you want to own a gun, in this country at least, keep it under lock and key, don't transport it in a loaded state and whatever you do, don't aim it at another human being.

    How ****ing hard is that to fathom?

    It's very ****ing easy to fathom.

    Where have I been advocating that everybody should have a gun, or that they shouldn't be locked up etc.? Go ahead, look through my posts and if you find where I said everybody should have a gun or that they shouldn't be kept safe, I'll give you the biggest public apology ever.

    I do keep my guns under lock and key. It's the law here in Ireland. And not any old lock and key. It has to be in a gun safe to a certain standard - BS7558 in fact. And the windows and doors have to be a certain standard. And the alarm has to be a certain standard. And I have a gun safe in the boot of my car for transport to and from the range.


  • Registered Users, Registered Users 2 Posts: 5,301 ✭✭✭Snickers Man


    BattleCorp wrote: »
    It's very ****ing easy to fathom.

    Where have I been advocating that everybody should have a gun, or that they shouldn't be locked up etc.? Go ahead, look through my posts and if you find where I said everybody should have a gun or that they shouldn't be kept safe, I'll give you the biggest public apology ever.

    I do keep my guns under lock and key. It's the law here in Ireland. And not any old lock and key. It has to be in a gun safe to a certain standard - BS7558 in fact. And the windows and doors have to be a certain standard. And the alarm has to be a certain standard. And I have a gun safe in the boot of my car for transport to and from the range.

    Good!

    And if you look back through my posts, on this thread and others (if you could be bothered, but you probably have a life :) ) you might notice that I have often said I have no problem with Irish gun owners complying to Irish gun laws.

    It is American gun laws and gun culture that are anomalous compared to most of the rest of the democratic "free" world. They're the weirdos on this topic. Their cognitive dissonance extends to insisting on the word "exceptional" rather than "anomalous" to justify what to most people is the unjustifiable.

    Their dopey notion of "American Exceptionalism", roughly translated as one law for Americans and another for everybody else, allows them to convince themselves they don't have a problem with anything. Except immigrants, of course.

    I actually don't think we have any business telling Americans what their gun laws should be. They are big enough and powerful enough to make up their own minds and take their own decisions. But any attempt to mimic their gun culture by approving similar "right to bear arms" legislation over here should be resisted, in my view, to the utmost.

    So at one extreme, you are an Irish gun owner who hankers after a similar gun culture to America's being introduced here, in which case I personally think you are a dangerous weirdo who should be treated with the utmost suspicion.

    Or, at the other extreme, you are generally satisfied, and happy to comply, with Ireland's stringent gun laws which allow you to use appropriate firearms for reasonable purposes (eg hunting, sports shooting at inanimate targets, vermin control), in which case, should you suggest that such laws might be appropriate for America, you would be viewed by many "gun rights activists" there as a dangerous pinko SJW loonie with unsavoury and un-American attitudes and should be ridiculed as such.

    To which of the two extremes are you closer in your outlook?

    Just curious.


  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    So at one extreme, you are an Irish gun owner who hankers after a similar gun culture to America's being introduced here, in which case I personally think you are a dangerous weirdo who should be treated with the utmost suspicion.

    I have to stop you there boss. I don't hanker for a similar gun culture as America to be introduced here. I don't see where you get that from any of my posts. Not once did I say we should have a right to bear arms etc.

    I'm actually a law abiding citizen who is considered not to be a danger to anybody by the Gardaí, and not a dangerous weirdo who should be treated with the utmost suspicion.
    Or, at the other extreme, you are generally satisfied, and happy to comply, with Ireland's stringent gun laws which allow you to use appropriate firearms for reasonable purposes (eg hunting, sports shooting at inanimate targets, vermin control), in which case, should you suggest that such laws might be appropriate for America, you would be viewed by many "gun rights activists" there as a dangerous pinko SJW loonie with unsavoury and un-American attitudes and should be ridiculed as such.

    To which of the two extremes are you closer in your outlook?

    I'm neither to be honest.

    I comply with our stringent gun laws here in Ireland as it's the law. There are problems with our system too though. It is far from perfect. There are lots of inconsistencies and badly written legislation. I would like certain things loosened up a little but I certainly am not calling for an American style system over here.


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  • Registered Users, Registered Users 2 Posts: 4,119 ✭✭✭Gravelly


    So at one extreme, you are an Irish gun owner who hankers after a similar gun culture to America's being introduced here, in which case I personally think you are a dangerous weirdo who should be treated with the utmost suspicion.

    Or, at the other extreme, you are generally satisfied, and happy to comply, with Ireland's stringent gun laws which allow you to use appropriate firearms for reasonable purposes (eg hunting, sports shooting at inanimate targets, vermin control), in which case, should you suggest that such laws might be appropriate for America, you would be viewed by many "gun rights activists" there as a dangerous pinko SJW loonie with unsavoury and un-American attitudes and should be ridiculed as such.

    To which of the two extremes are you closer in your outlook?

    Just curious.

    Or perhaps he, like me, is just someone who knows that wailing and gnashing of teeth by outsiders won't make Americans change their culture.


  • Registered Users Posts: 4,672 ✭✭✭elefant


    Gravelly wrote: »
    Or perhaps he, like me, is just someone who knows that wailing and gnashing of teeth by outsiders won't make Americans change their culture.

    We all know that. If Sandy Hook doesn't change anything, strangers on the internet won't either.

    Many of us are just commenting on how daft, and tragic, the whole thing is.


  • Registered Users, Registered Users 2 Posts: 5,301 ✭✭✭Snickers Man


    BattleCorp wrote: »
    I would like certain things loosened up a little but I certainly am not calling for an American style system over here.

    That's a perfectly decent point of view. I see no reason for us to be arguing :)


  • Registered Users, Registered Users 2 Posts: 4,119 ✭✭✭Gravelly


    elefant wrote: »
    We all know that. If Sandy Hook doesn't change anything, strangers on the internet won't either.

    Many of us are just commenting on how daft, and tragic, the whole thing is.

    When I've said much the same earlier in the thread I've been called a troll and a gun nut.


  • Registered Users, Registered Users 2 Posts: 27,564 ✭✭✭✭steddyeddy


    I think the younger generation in America will be the catalyst for change in America.

    www.google.co.uk/amp/s/mobile.nytimes.com/2018/03/24/us/politics/students-lead-huge-rallies-for-gun-control-across-the-us.amp.html


  • Registered Users, Registered Users 2 Posts: 8,034 ✭✭✭mad muffin


    It’s okay. A solution has been put forth and… it looks like a real winner.

    http://www.mcall.com/news/breaking/mc-pol-schuylkill-county-blue-mountain-bucket-of-rocks-in-classes-20180323-story.html


  • Registered Users, Registered Users 2 Posts: 22,217 ✭✭✭✭ELM327


    mad muffin wrote: »
    This is absolutely ridiculous.

    You will never take away the guns from the "bad guys". It's too late to introduce gun control now. All that will happen then is the bad guys have guns and the good guys dont.

    Arm the teachers. It's the only solution.


  • Registered Users, Registered Users 2 Posts: 29,903 ✭✭✭✭Wanderer78


    ELM327 wrote:
    Arm the teachers. It's the only solution.


    Yes Donald, of course it is, have some more sweeties!


  • Registered Users, Registered Users 2 Posts: 22,217 ✭✭✭✭ELM327


    Wanderer78 wrote: »
    Yes Donald, of course it is, have some more sweeties!

    Indeed, yours is an interesting point well made and substantiated.
    Good job!


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  • Registered Users, Registered Users 2 Posts: 29,903 ✭✭✭✭Wanderer78


    ELM327 wrote:
    Indeed, yours is an interesting point well made and substantiated. Good job!


    Thank you, I out do myself at times. This debate is old and sadly I see it never being resolved, it's kinna like our relationship with alcohol, don't matter what you do, we re still gonna knock the stuff back in bucket loads, but do we really need to arm the ****e out of an already highly stressed society, cause I ll take a guess of what would probably happen if you do!


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