Manic Moran wrote: » The problem with the 2A historical argument is that there is something of a bit of overlap between the whole "rebelling against the government" thing and the whole "military protection thing". And, unfortunately, almost nobody really has it right. 2A was not, contrary to a lot of opinion in the pro-gun side, put in as a sort of 'failsafe' against the government (though I would observe that folks with nothing more lethal than an AK-47 and a Kawasaki have been giving the US military quite a bit of trouble for the last two decades or so, so I'm sure a few million folks with rifles would be quite a problem for the US government), it was put in as a protection for the ability of local governments to basically create posses to put down uprisings and the like.
A lot of folks forget this detail of US law, but when the 2A was created, the concept of "incorporation" had not yet been invented, and it would not be for some 100 years. This was a time that "The United States" was very definitely a "them", not an "it". It said so in law. Federal law quite literally only affected what the Feds did, and just because you had the right to free speech in the federal Constitution did not mean that it had any effect at all on what the State or City ordinances said. Instead, your "first amendment rights" were guaranteed by your State Constitution, whatever paragraph that happened to be. For example, the Pennsylvania Constitution (where Congress was before they invented Washington DC) protects the freedom of speech in Article 1 section 7. (The printing press shall be free to every person who may undertake to examine the proceedings of the Legislature or any branch of government, and no law shall ever by made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. No conviction shall be had in any prosecution for the publication of papers relating to the official conduct of officers or men in public capacity, or to any other matter proper for public investigation or information, where the fact that such publication was not maliciously or negligently made shall be established to the satisfaction of the jury; and in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.. The right to bear arms would be found in Art. 1 Sec 21 of the State Constitution. The right of the citizens to bear arms in defence of themselves and the State shall not be questioned. . The idea of 2A applying to any individual against all takers only really came up after the Civil War with the incorporation doctrine. (And it was a known concern: If 2A, which was not limited to who 'the people' are like some southern states did, were to apply to all the States, then black men could be armed. This was observed in the Supreme Court at the time.). Note that to this date, some 44 States have a right to bear arms in their Constitutions, some of which are extremely explicit. So, in, say, Pennsylvania in 1840, you wouldn't be talking about your 2nd Amendment Right, you'd be talking about your Section 21 Right, which is just as strong. At the time that the Bill of Rights was being written, a couple of rather nasty rebellions had just been put down by the States. Two notable ones are the North Carolina Regulators of 1771 or so, and particularly relevant to the framing of the Bill of Rights, Shay's Rebellion in Massachusetts 1786-7. The States wanted to ensure that they were capable of calling up a militia to deal with rebellions. To that end, they wanted 2A to prohibit the Federal Government from banning State militias. Insofar as it goes, the "Collective interpretation" people have a point.
However, what 2A was not intended to address, because nobody seemed to think it was needed for two reasons, was anything to do with individual firearms. Firstly, since it was basically a given that everybody had access to guns, and there was little thought given to the concept of not having them, and secondly, because the Federal Constitution had no particular authority over law enforcement within the States anyway. After all, the state militias which the States wanted to protect were quite simply bodies of men called to the colors, bringing along the weapons which they already owned for their various lawful purposes: Generally hunting, varminting, protection, and mass uprisings of the people against the government, such as that of King George III. (The devil is kindof in the details between a rebellion such as that which created the US, and that which was put down by the States, I guess). Thus, to that end, the 'defense against tyranny' argument does have merit, though not at the 2A level. Indeed, it was such a given that some States don't seem to have considered that there was even a need to put in a provision protecting personal firearms ownership. For example, Delaware's constitution was entirely silent on the matter until 1987 (Art 1 s 20). After all, who on Earth might restrict an individual's right to arms? And Delaware didn't muck about when the voters made their position clear with the text. Thus, 2A is a bit weird: It is being applied, post facto, to a situation which was never anticipated when it was written: The concept of it being a late 18th century provision applied as a result of the mid-19th century concept of the Federal constitution applying directly through the States to affect the individuals in an environment where the Commerce Clause interpretation of the early/mid 20th century allowed the Federal Government to basically legislate directly in what was previously a State matter. When the Bill of Rights was created, it was not so much a case of granting rights, but is a list of limitatons on what the Federal Government can do. Hence you have the difference of opinion in the interpretation. As a result, there is logic behind the majority's reasoning in Heller of the right to bear arms being a pre-existing right unconnected with militia service: The predecessor Constitutional provisions which had been the final word on the matter before incorporation such as the aforementioned Pennsylvania's Art1 S21 or Vermont's Chapter 1 article 15 certainly said so. But the dissent's reasoning also has some logic, that 2A was never intended to protect individual firearms ownership as far as the 2A goes.
You refer to the Miller case of 1934. There are a couple of problems with it, the first being that Mr Miller was dead, and he didn't have a lawyer arguing his case. The second, that such an argument might observe that shotguns were commonly issued to US troops in WW1. And the third, which is its own interesting one... If 2A only protects military grade weapons, a lot of folks will be very happy to get full-on assault rifles back in circulation. So, yes, the court refused to consider the case because there was no evidence that shotguns were militarily useful. (see point 1 nobody actually making the case). However, the court refused to consider the case so said nothing on the merits of what 2A was supposed to mean, which is why Heller is considered to be the first time in 200 years+ that the court had actually specifically addressed the meaning of 2A.
I seem to recall a case in the US around WW2 where several individuals were found to be in violation of the law for bringing a number of shotguns across state lines, and this act was not protected by the 2nd Amendment as the weapons weren't of military grade.
As for me not being an expert, we are discussion overall policy here, as in any policy the overall aim is decided and then experts come in to discuss the possibilities and limitations. Are only experts allowed to discuss things then should we follow the same for issues like drugs? Should only drug addicts and drub dealers be allowed to come up with policy?
Are only experts allowed to discuss things then should we follow the same for issues like drugs? Should only drug addicts and drub dealers be allowed to come up with policy?
I can also see no justification to owning more than one weapon, but I am sure there are cases that require it and they should be looked at and decided upon based on individual case need.
A limit on the number of rounds would be a start
Trump calling of a national emergency for the border opens up the possibility that the next DNC POTUS will use the same justification to call a halt to gun sales in the wake of the next massacre that happens.
Leroy42 wrote: » Punish people? Not being able to own a fire an assault rifle is judged a punishment? Therein lies the problem, and it stems directly from the 2nd Amendment and how it is interpreted. Do you feel punished for not being able to own nuclear weapons? What about drugs? Do you think people are being punished by not being allowed to take whatever they want? You continually point to issues with my ideas, which is great and welcome as that is what we are here for, but on the fundamental issue of limiting gun ownership to handheld, defence targeted rather than killing targeted you have not made any argument against it only that you like hunting. When people make the argument that limited gun control in certain states hasn't worked it fails to mention that open borders between states means local laws are of limited benefit and the fact the pretty much every other country in the world proves that gun control, along with education, mental health services etc, absolutely do work. The thinking seems to be that Americans simply cannot ever stop shooting each other.
Leroy42 wrote: » Hollow point,not hollow point, it is irrelevant. But it is typical of any discussion about gun control, the gun advocates like to talk details and we end up discussion type of guns rather than the overall policy. As for me not being an expert, we are discussion overall policy here, as in any policy the overall aim is decided and then experts come in to discuss the possibilities and limitations. Are only experts allowed to discuss things then should we follow the same for issues like drugs? Should only drug addicts and drub dealers be allowed to come up with policy? And what about abortion? Surely these means that only women should be allowed to make any decisions. There is a clear issue with gun deaths in the US. That is undisputed. What can be done in short/medium and long term so that this doesn't continue? Clearly limiting the availability of guns will have an effect, the argument that Manic and others use is that the effect is not big enough to justify them losing the ability to play with guns. I don't agree, anymore than I agree with letting people drive whatever way they want and without insurance. So if, as I suspect, a full rule out of all firearms is never going to fly, what can be done to limit the damage that is being caused. I have yet to see an justification that the general population need access to firearms at all, but certainly not anything bigger than a handheld weapon. A limit on the number of rounds would be a start, a limit on the type of reloaders, a limit on the type of ammunition. I can also see no justification to owning more than one weapon, but I am sure there are cases that require it and they should be looked at and decided upon based on individual case need. But the problem won't be solved because people in he US, or at least the people making the decisions don't think there is a problem, not one that can't be solved with thoughts and prayers. Until the mindset changes then nothing will change. But based on the polls, there is clearly a movement towards something happening. Trump calling of a national emergency for the border opens up the possibility that the next DNC POTUS will use the same justification to call a halt to gun sales in the wake of the next massacre that happens.
listermint wrote: » But your brilliantly emotive post about intrusion in your liberties and some 'third parties' and extra cost to you... Was what ?
To be frank you are no different to the rest of the gun folks . You will put as many blockers in the way to stifle any checks on guns until it becomes unstoppable. Years of the same years of death.
You have answered your own question. A round that is designed to kill a person from short range. So do away with the other types (hollow points etc). Again, I am not gun expert, so would leave the details to experts.
Maybe too simplistic an idea, I know they have this right to bare arms in their constitution, so how about no background checks for your weapons, but all you want, but ammunition is vetted.
Leroy42 wrote: » What is the difference is spend? I absolutely agree that more should be done on mental health issues, and luckily we are constantly getting better in that regard with issues such as PTS and the like now being taken seriously. But given that it can never be eradicated, and the fact that in many cases on mass shootings they was no prior reason to incarcerate the individual, then taking away the ability to carry out lethal violence is a good step. It is not the only step, it is one of the measures. Hunting - We leave in a world of industrialised farming. Very few people need guns in which to hunt other than sport. So that fits in with the selfish tag. But I am not advocating that this be stopped. But that is is managed and licenced and clubs that the liability for their members. If you are into hunting then surely a hunting club where you can avail of a range of weapons is a good thing? Sport - OK, again this can all be done in clubs. Personal Self defence - there is little evidence that this makes any difference but again, this can be far more controlled than it is now and should be subject to far stricter controls and limits on number and type of weapons. Defense against Tyranny - when was this last required? And who will decide? There are a large amount of people in the US that think Trump is showing such signs - should they be allowed to start attacking the state? (that goes for any POTUS, Major, Governor, Senator Congressperson that they happen to disagree with). Should those that are against abortion be allowed to kill doctors or the legislature? Crime rates - are these different in the US than in other countries without the same access to guns? Are they different in the states with tougher/easier gun access? But on the statistics, the very powerful nature of guns, the fact they are touted as not only a deterrent but a necessity for personal safety, wouldn't you think people would have pretty good evidence to back up the claim? Self defence is pretty well established in law. Short range should mean why you are in physical danger. Why would it be seen to be excessive for me to run across a street to punch someone but you deem it necessary to be able to kill someone from a hundred yards? Sure at 100 yards you may feel intimidated, but there are plenty of options other than killing the person. Short range should mean why you are in physical danger. And there are restrictions on knives. People are not allowed carry around samurai swords and use them in a bar fight. In terms of the ammunition, I have already said I am not an expert. Simply change Hollow point for whatever type of round you like. The point being that a standard should be agreed upon and all ammunition restricted to that standard. I am making the case and your response so far has been to point out I used the wrong type of ammunition and that you like hunting. You have failed to address the issue of gun control in any way. The constitution won't change on its own. Its up to the people of the US to decide what they want there country to be. At the present time selfishness and fear are the overriding factors. I don't see that changing any time soon. And that is totally wrong. But that is an abuse of the text, not the core part of it. A gun is designed to kill. That is its purpose. Used correctly. There is a world of difference.
AbusesToilets wrote: » You again fail to address the salient point. The level of mental health issues might be statistically similar in say Canada, as in the US. I would wager that the resources available for treatment are markedly poorer in the US. That is where I would start, if I was looking to reduce deaths, as suicide is the highest contributor by far.
AbusesToilets wrote: » As to you second part, there multiple benefits to gun ownership. Hunting, sport, personal self defense, defense against tyranny (which you and others are always quick to rubbish). Crime rates have been falling in general for decades, which includes periods of harsher restrictions on ownership (Assault Weapons Ban) and periods of looser restrictions. I haven't seen any statistics one way or another.
AbusesToilets wrote: » Define short range. Why place any impediment on someone's ability to defend themselves. Your scenario accepts the reality of a person owning and employing a firearm in a lethal fashion, what is the purpose of reducing calibers etc. Should all knives be restricted in blade length so as to prevent excess penetration of the human body? You also somewhat ironically say hollow points should be banned, when they are the type of round most apt to fit the confines of your scenario.
AbusesToilets wrote: » By all means, start a movement, make your case. As it stands, firearm ownership is a right, unlike car ownership. If the Constitution changes then that's the law folks ought to abide by.
AbusesToilets wrote: » Do you feel the same way about other guaranteed rights? How many people have been driven to kill by the words of others or a religious text?
I did. Other countries which much striker gun laws but the same other issues have significantly less gun deaths than the US. But you're argument is the wrong way around. We know the possible negatives to gun ownership, but what are the positives? Is there any evidence that this massive freedom to own guns in the US has any material reduction effect on crime?
I am no gun expert, but I would wager that there is a caliber of bullet that is capable of stopping an attacker within short range but would only cause minor (as in less than death) injury from further out. You have answered your own question. A round that is designed to kill a person from short range. So do away with the other types (hollow points etc). Again, I am not gun expert, so would leave the details to experts. If you are hunting then the club controls the ammo and if certain ammo is required it is counted out and accounted for.
Ever hear of an Amendment? The 2nd Amendment is exactly that. So why should we simply stop making amendments now? Change the constitution. The idea is to reduce the gun related deaths. As I said in any other country my ideas would be perfectly reasonable but in the US they are seen as an outright attack. But people accept the exact same provisions in order areas. People need a licence to drive a car. They need to be a certain age. You can't simply buy whatever chemicals you want. you are not allowed own nuclear weapons. The solution to the problem is on one hand rather simple, but unfortunately on the other it is very difficult and many Americans value their own rights own the security and lives of others.
'I want my toy and if that means others will die then that is a price worth paying'. You can dress up with in terms of the constitution but it all boils down to that.
AbusesToilets wrote: » You have failed to articulate how your proposals would effectively reduce gun related deaths. Simply comparing rates of mental health issues and gun ownership to other countries ignores the vast differences in available treatments or the nature of crime.
AbusesToilets wrote: » You are a self described advocate against gun ownership in general and from the ideas you put forward above, you don't take into account some fundamental facts. Restricting calibers is a meaningless concept in the scenario you've outlined. If I am keeping a firearm with a view to self defense, the implicit assumption is that it is inherently lethal. To what purpose should I look to decrease the potential efficacy of my response, when my life or that of a loved one is in danger? What's the goal there?
AbusesToilets wrote: » Can you define a non-standard round for me? For example, if I am into long distance shooting, I want a bullet with a specific shape and contour, to achieve maximum aerodynamic efficiency. If I am a hunter, I may want a bullet that will deform or tumble, to allow me to kill my prey in the most immediate fashion. If I am carrying a pistol, I want to use a round that can quickly kill a person without over-penetrating their body or the surroundings. A round designed to deform upon impact likely best accomplishes that.
AbusesToilets wrote: » As to your talk about requiring club memberships, I think you know well enough that that would be unconstitutional, right off the bat.
listermint wrote: » In summation. Its mostly people shooting themselves (thats grand) The rest of that are criminals shooting each other (thats grand) And only 300 or so people per year are killed in a mass murder attack. All acceptable figures so that i can have the fascade of safety in my home when all statistics show that those with guns are no more safe because they are not generally 'ready' for an attack on them nor trained to deal with it rationally. Superb! Do nothing then.
AbusesToilets wrote: » Your boiling frog approach is exactly why the NRA and other Pro 2nd Amendment groups virulently oppose any legislation. I am not a member of, nor in favor of the NRA as it exists currently. There is an absence of good faith on both sides of the issue. Those on the anti-gun side are clear on their desire for ever harsher restrictions on legal firearm ownership. They are happy to chip away, piece by piece, with "common sense" laws, which are nothing of the sort. Coupled with their general ignorance of basic facts surrounded firearms and ballistics, I have little to no time for their efforts. They try to frame their arguments under the guise of reducing deaths, yet the ideas put forward do not address the various causes in any substantive fashion. The desire to ban "assault weapons", which in itself is a term without meaning, has already been tried. It didn't do anything to affect a reduction in crime or deaths. This issue has been argued on here, many times previously, and the facts remain unchanged. Approx 30,000 people a year die due to firearm related deaths. Roughly 2/3s of those are from suicides. The remainder are from a combination of accidents and murders, with approx 20/80 split. Of that murder number, the majority would be those committed during other criminal activities, i.e. gang violence, and often against other criminals. These figures are backed up by FBI criminal statistics, easily searchable. Spree killings, such as school shootings account for a fraction of 1% annually. Semi-auto rifles (not assualt weapons) are another tiny fraction per annum. If society was serious about the goal of reducing DEATHS from firearms, the best way to accomplish that is through a combination of improved mental health care, education on firearms safety and training, and improved policing. Improving background checks, done sensibly and not in a fashion that punishes already law abiding gun owners are a good idea. All the above requires a long term investment and doesn't lend itself to a nice headline. So instead you have people like Fenstein, who come out with their typically ill informed ideas for magazine restrictions and assault weapons bans, based on cosmetic features, that accomplish nothing except to make life more difficult for gun owners.
Leroy42 wrote: » So the fact that the US has the highest gun related deaths of any country in the world, whilst other countries suffer from the same levels of mental health problems, education and policing and the one major difference is peoples attitude to guns means nothing? There can be no argument that restricting the availability and access to guns would not reduce gun related deaths. The only argument is where is the line between personal right and public harm. IMO, personal firearm for use in home protection seems a decent starting point, on the basis that they are never going to get full restriction. A 6 shooter, low caliber weapon should be enough in all but the worst cases. And in those cases no amount of weapons is probably going to be enough. If hunting/competitions is your thing, then you should be a member of a club, affiliated and licenced by the state and all weapons stored by that club with sign-off by two people before taking the gun. And a limit to 'borrowing' only one weapon at a time. Clubs could then be liable for any shootings carried out by a person using their registered guns if the policies were not fully followed. Make all the non standard bullets illegal. Make all but a standard handheld, low caliber gun illegal. Cops are sent out daily with a sidearm and face dangers of all kinds, yet people think they require a machine gun in their house? It makes no sense. None of the above should be even remotely controversial. But in the US the above would be torn apart. My constitutional rights, don't take my guns, its not too many school shootings, the guy was crazy anyway, people kill people not guns etc etc etc. Its selfishness and fear. That is the only thing that stops the US from becoming a normal society with a normal relationship to guns.
mrbrianj wrote: » You are for calibre restrictions and and major controls on hunters and target shooters, but want to allow people have "6 shooters" to defend their homes? Pretty much the exact opposite of the system in place here, which imo works well.
FatherTed wrote: » So maybe the real problem is the poor policing resources in your area? If you had better response time from your local police department would you feel safer? Thankfully in the 26 years I've been living in the US, I've never had any reason to call the police but I'm friends with some local police officers and I would say the response time would be under 10 minutes.
Leroy42 wrote: » Because we know that the NRA will never move willingly to the endstate, they will try to block at every turn. Therefore, it is necessary to take a longer, more complicated, and ultimately a waste of everyones time, route to nudge them gradually. Like the boiling frog. Make each change so small as to be not worth arguing against on its own but always moving towards the endgame. The clear evidence of how the NRA will block everything shows that this is the only realistic option left. If even the largest domestic shooting even tin history cannot get the NRA and gun supporters to take the issue seriously then what exactly do you think will? Maybe kids getting shot at school? Nope. Maybe people being killed in a nightclub? Nope. Maybe thousands of deaths a year? Nope. And any politician that even raises the prospect of tightening gun control is immediately targeted. So clearly they need a difference approach as the gun supporters are never going to listen to logic on this, it is emotional to them. ANd on this specifically, this actually highlights the problem. People accept the need to checks and security, but that is for terrorists. The gun is personal and a right and 'ain't nobody touching my guns'. Your proposal of an app is perfectly reasonable. People need licences for cars, documentation to take out a loan, a passport to leave the country, but have you ever looked at the response when somebody tries to say that gun control should be increased? Remember, Trump got a lot of gun owners on the claim that HC was coming after their guns. He didn't even need to say what he was going to do, the fear of HC was enough.
Igotadose wrote: » No, but time for another story. The neighbor immediately behind us, battered women. He rented out a room in his house, and was aggressive to the other neighbors on a regular basis, especially when he was drunk, which was often enough. And by battered, I mean broken, bloody noses and choke marks around the throat. He did, in fact, get arrested a couple times while we lived next door, one of the women in question ran across the street to another neighbor who prevented him from following her and they waited the 45-odd minutes for the cops to arrive and arrest him. My wife, also trained in firearms, and I had an agreement - if that person ever tried to break into our house (and who knows what a belligerent drunk will do,) she would defend herself with a gun. Her life, way more important, than his. Of course the cops would be called. Fortunately this never happened, eventually the neighbor in question had one too many arrests, got convicted for felonious assault though didn't spend any prison time, sold the house and moved away. FWIW, and a sad reflection on life, that guy never seemed to have trouble finding female 'tenants.' It's not like he looked like Brad Pitt, either. And, it was an effort on the part of the prosecutor to get one of the tenants to finally bring charges. Other states like California allow the prosecutor to bring charges, since this is a common problem, women desperate for a place to stay, continue staying with abusive men.
Leroy42 wrote: » So despite you having a permit, you still encountered crime. And those people chasing you would have been aware that there was a possibility that you had a firearm yet it didn't stop them? Would you having a firearm have made that situation any better?
Igotadose wrote: » Full disclosure, at the time of the tweaker incident I had a concealed carry permit, and we owned firearms. Said firearms stayed in safes at home except for the occasional foray to the shooting range for practice.
mrbrianj wrote: » Very good point. "Rights" or "access to" are not the big problem in the US, its Reason. Home defence being one of the biggest wrong reasons!