Gun Control & RKBA
Related: About this forumIt doesn't end at background checks
And it never will.
http://blog.seattlepi.com/seattlepolitics/2014/11/05/gun-safety-advocates-deliver-post-i-594-message-were-not-done/
Champions of Initiative 594, basking in its landslide victory, delivered a post-election message on Wednesday: Were not done yet.
The Center for Gun Responsibility promised to bring a robust legislative agenda to Olympia come January. Yesterdays victory is the beginning, the beginning of a movement to curb gun violence, said the Rev. Sandy Brown, a retired Methodist minister who chairs the group.
Our first work is with the Legislature, Brown added.
These people will never be happy. This is why I will always reject gun control.
msongs
(67,413 posts)acalix
(81 posts)Ed Suspicious
(8,879 posts)It seems we've found equilibrium though. It wasn't regulated into oblivion, however. Well it was but that was pretty roundly rejected. You gunners worry too much. Slippery slopes are for skiing not for gun regulation.
acalix
(81 posts)Just a minimum age requirement and that's that. In my state alcohol is sold in all supermarkets and all convenience stores. Guns are more regulated.
Imagine if we had a limit on alcohol volume (magazine capacity) or a background check on all alcohol sales. Because that's what it takes to buy a gun where I live.
safeinOhio
(32,688 posts)You get arrested for driving drunk, even if don't break any other laws.
Drivers are tested and licensed.
You must wear a seat belt.
You can not have an open container in a car.
Your car must be in safe operating condition.
You must have insurance on car you are driving.
Cars must have a title and registration to be on the road.
Your vision is tested when you renew your license.
All new cars must have lots of safety features, by law.
Speed limits.
Limit to % of alcohol in blood.
Tons of regulations on your driving. Lane to drive in, when you must yield to other drivers, when you may make a turn, how close you have to be to the curb when parking, when you must use turn indicators, more rules for limited access roads, types of fuels it is legal to sell and use.
Big taxes on what you load you car with(fuel).
Thanks to all of these regulations, the activity of driving that is an everyday occurrence for most adults, auto deaths have been on a decline over the last 20 years.
Now tell me again why firearms do not need to be regulated because people die in car accidents. Then we can discuss false equivalencies.
virginia mountainman
(5,046 posts)Driving a car is a privilege... not a civil liberty.
safeinOhio
(32,688 posts)to compare the 2 Amendment to any other liberty as it is the only one that includes a prefatory clause. Then you might be able to name any other liberty that is absolute.
beevul
(12,194 posts)The liberty of the press being essential to the security of freedom in a state, any person may publish his sentiments of any subject.
That's the free-press clause of the 1842 Rhode Island Constitution.
If we applied the methodology that folks like you use in reading amendment 2, only "the press" would be able to publish his sentiments.
So last century, that...
safeinOhio
(32,688 posts)People like me applied the same methodology that was used for the first 200 years in the U.S.A. Before that it was a collective right and not an individual national right.
The same court that said money equals speech and corporations have the same rights as individual are the ones that brought us the individual interpretation of the 2nd.
gejohnston
(17,502 posts)http://en.wikipedia.org/wiki/Halsted_L._Ritter
Also in 1936, the Colorado AG used that decision to defend a CO law that non citizens could not possess firearms (which had more to do with hunting privileges than public safety)
Should the issue be regulation for regulation sake, culture war, or results both sides want? Which of the three is the main reason for you? Most people is actually culture. Gun laws are not really "in response to" anything. They are often pre written (Feinstien's latest AWB took 18 months for her staff to put together) Personally, I'm a strong believer in results. If there are no results, the restriction shouldn't exist.
There is scant to no evidence that lower murder rates have anything to do with firearms regulation. Anyone can cherry pick a few countries and claim whatever (even though the murder rates were the same with they passed the laws). Yes, if one compares the US with Western Europe you get one result (never mind that the states with higher murder rates have stricter gun laws than much of Europe). But if you compare English speaking countries in the Western Hemisphere, "awash in guns" and "lax gun laws" US and Canada are much safer than those with stricter laws.
hack89
(39,171 posts)Section 22 of the Rhode Island Constitution specifically states the right of the people with no mention of a militia.
This is one Rhode Islander who says you are wrong.
safeinOhio
(32,688 posts)was a collective right for 200 years. Even in the early years there was a law in Boston that fire arms and powder were not allowed to be store or kept in the home. No federal law overturned that. In the old west firearms had to be surrendered when you came in certain towns. No federal court overturned that. While your examples only show state courts, not the U.S. Supreme Court. Even when this court changed it, some what, Scalia, in his majority report stated that local government could still pass laws that restrict firearms.
You guys can say I'm wrong until the cows come home until you can show different. Just because the NRA dropped the first clause of the 2nd Amendment when they carved it on their building, it still remains and the next court or some other one in the future can return it to the way it was for over 200 years in federal courts.
hack89
(39,171 posts)Nothing personal but I am not going to take your word for it
hack89
(39,171 posts)AWBs and even registration are perfectly constitutional. Heller simply says that you have the right to own a gun in your home for self defense. It is more about the right to self defense than anything else. The gun control "movement" problem is political not legal. Not enough Americans support your more drastic proposals.
michaelhr
(7 posts)Heller states that guns are an individual right and can be used for "lawful purposes"- including hunting, self defense, target shooting, collecting guns, and concealed carry.
hack89
(39,171 posts)syllabus of the Courts brief that he wrote Scalia)
Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Courts opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. [United States v.] Millers holding that the sorts of weapons protected are those in common use at the time finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.
That makes it legal under this ruling to limit magazine size, where firearms may be prohibited and the background of anyone that wishes to purchase a firearm. All of these would most likely seem like reasonable restriction to a majority of Americans. The vote in Washington state indicates this.
The reasoning that Scalia uses in the rest of his brief about the individual right is the first time the SC has ever stated this position. That'd be at least for 200 years. As with most activist decisions, they can be and are often overturned by later courts. I see many of this courts ruling being overturned at a later date,i.e. Citizen United. Thank god.
hack89
(39,171 posts)If so Citizens United will be overturned and Heller will remain the law of the land. You can't have it both ways.
safeinOhio
(32,688 posts)individual rights first. Of course you can see that. Why can't I have it both ways, it's easy if one is not an ideologue.
hack89
(39,171 posts)Governments don't have rights.
safeinOhio
(32,688 posts)as spelled out in the first few words
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare."
Establishing justice may require limits to rights
Insure domestic tranquility may require limits to rights
Provide for the common defense requires some individual rights to be impaired
and to promote the general welfare has cost to the individual.
As all of the amendments listed in the Bill of Rights are not absolute, they have limits that require regulation that limit those stated rights. They are protected rights, but
.Protecting one's individual right sometimes steps on the rights of other and their general welfare, i.e. taxes, yelling fire or firing a weapon in a crowd.
hack89
(39,171 posts)Of course the 2A is not absolute. Heller has established some of the boundaries.
blueridge3210
(1,401 posts)states the general purpose of the document. It has no legal bearing regarding laws, powers of the government or limitations on those powers. From a legal standpoint it has as much impact as the Declaration of Independence.
The body of the Constitution, including the first ten Amendments address powers of the government and limitations on those powers. Trying to read legal powers and responsibilities into the Preamble is pointless.
sarisataka
(18,660 posts)This is the first time the SC has ever ruled on how the right is applied to people; Miller ruled on the weapon.
The SC has never stated the Second Amendment is only a collective right.
safeinOhio
(32,688 posts)No other SC ever felt the need to address the issue, same with Citizen United. The SC has never stated the Second Amendment is only a collective right because all previous laws assumed it was a collective right. THis is what is called an activist court, that is to change 200 years of accepted law.
sarisataka
(18,660 posts)And not supported by previous SC rulings.
Example- if the right was collective it could have been included in the Miller ruling. If fact the whole case could have been dismissed on the grounds Miller had no standing to file suit. The fact that the case was accepted implies either
A) the right enumerated in the Second Amendment is an individual right
or
B) membership in the unorganized militia, as defined in the Militia Act of 1903, makes the collective argument moot as all individuals are militia members
blueridge3210
(1,401 posts)Mapp v. Ohio - No Supreme Court ever felt the need to address improperly obtained evidence.
Miranda v. Arizona - No Supreme Court ever felt the need to address police interrogation procedures.
Gideon v. Wainwright - No Supreme Court ever felt the need to address the right of indigent defendants to legal counsel.
Brown v. Board of Education - No Supreme Court ever felt the need to address how states dealt with school attendance.
Roe v. Wade - No Supreme Court ever felt the need to address how states regulated abortion.
Prior to Heller and McDonald the Supreme Court had little to say regarding the 2nd Amendment; previous laws did little to address it. U.S. v. Miller, in essence, stated that some weapons could be declared illegal. It didn't address whether the RKBA was a collective or individual right.
safeinOhio
(32,688 posts)politically based, as with Citizens United. The 5 members that voted for were the same 5 that accepted and pushed CU to please their partisan agenda, the NRA, Koch brothers and radical Ayn Randians. Reading the minority comments make as much sense, legally, as Scalia's notes. The only call for a new view was being pushed by the afore mention groups that, at least 3 may be 4 members pander to. Check Thomas's wife's political actions.
While I can understand your push against radical gun control, many of you equal that radicalism in the other direction,i.e. the OP. There is no or little room for reasonable movement on the issue from the extremes. If reasonable members of this forum even suggest background checks on all sales, there is hell to pay and endless rebuttals to any such suggestion with the same old line used above. "They want to take away my guns". Well a few extremist will state that, however no more loudly than the hard core NRA Ted Nugents and TV Duck Nuts. I'd suggest you look for common ground with the reasonable folks or you will turn it into a win, lose, instead of moving forward. If either radical side of this argument get a total victory, we all lose.
Nuclear Unicorn
(19,497 posts)Perhaps all those other decisions previously listed were as political as they were previously unheard.
blueridge3210
(1,401 posts)Roe was certainly politically based.
That term along with "activist court" is routinely used to describe any decision with which one does not agree. Citizen's United was not that extreme a decision and was only made after a recent law was passed attempting to limit participation in the political process; something the First Amendment guards against government interference.
Regarding "reasonable gun control", that is also a loaded term. I haven't seen much Hell break loose regarding universal background checks. I have seen people calmly attempt to explain that some of the limitations are based on issues of Federalism and the inability of the Federal Government to regulate Intra-State commerce. Some people seem to describe any oppostion to their position as "extreme" or "bullying". YMMV
Straw Man
(6,625 posts)The last time I checked, my New York driver's license allows me to drive in all 50 states and the District of Columbia. My New York State CCW permit, for which I was trained and background checked, and which carries the registration information for every handgun I own? Not so much. It doesn't even entitle me to carry in the five boroughs of New York City.
It's a felony to carry a pistol without such a permit -- misdemeanor to drive without a license.
It's against to law to carry a firearm while intoxicated, even if I don't break any other laws.
It's against the law to carry a firearm on the grounds of any school.
It's against the law to brandish a firearm in public. If a random passerby sees my concealed handgun when my jacket rides up, that is considered "brandishing" in New York State.
It's against the law to discharge a firearm within 500 feet of an occupied structure.
It's against the law for me to allow an unlicensed person to even touch my handgun.
Where did anybody say that firearms do not need to be regulated? I am Straw Man, and I do not approve that message.
safeinOhio
(32,688 posts)The first reference to comparing guns and autos was the OP himself. No problem with you critiquing false equivalencies, as long as you begin with the first offender.
Straw Man
(6,625 posts)...of the progress of the discussion.
Actually, the OP posted in regard to drunk driving, and his reference was to the concept of collective guilt. You're the one who brought up the regulation of automobiles.
acalix
(81 posts)Thus your comparison fails utterly.
Duckhunter935
(16,974 posts)If I want to use one on my own property, I have to do none of that. Only if I operate it on the public roads.
hack89
(39,171 posts)Yes public carry of guns should be regulated - which it is.
beevul
(12,194 posts)Only if they choose to drive in public, on public land. None of that is required to OWN a car.
Not on private land, only in public.
In public. I can have an open container in my car to my hearts content on my own property.
Only if it is to be used on public roads.
On public roads, not on private property.
To simply own a car, not so much.
License only required to drive on public roads, not to own a car.
So what?
Those only apply on public roads. Private property not so much.
You've been discussing them already. In fact, pretty much all your talking points qualify.
You like so many others, wish to blur the line between public usage and simple ownership, because you wish to go much farther than regulating public usage, in terms of control.
Ed Suspicious
(8,879 posts)of auto manufacturers, excise taxes and tariffs which act as de facto regulations. Are liquor stores and bars open all hours?
21rst amendment - more regulation
"Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited."
Face it. Regulation is a good, necessary, and commonly used entity.
gejohnston
(17,502 posts)not only of manufacturers and importers, but of dealers. Interstate trade in firearms must involve an federal licened dealer. There has been an 11 percent excise tax on firearms and ammunition since 1919.
If we were serious about regulating guns like cars, first we would have to repeal all the current federal gun laws.
http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968
http://www.gpo.gov/fdsys/pkg/STATUTE-82/pdf/STATUTE-82-Pg1213-2.pdf
http://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf
https://www.atf.gov/firearms/faq/national-firearms-act-firearms.html
http://en.wikipedia.org/wiki/Brady_Handgun_Violence_Prevention_Act
http://www.gpo.gov/fdsys/pkg/BILLS-103hr1025enr/pdf/BILLS-103hr1025enr.pdf
beevul
(12,194 posts)Acknowledged them for what?
Having nothing to do with simple ownership? I believe I did just that. yes, those may have some tertiary effect on ownership, but they're not laws which directly target ownership. The poster I originally replied to, compared a list of regulations which basically target public usage of a thing, with laws that effect ownership of a different thing, and tried to draw equivalencies where none exist. And was rightly called on it, by several posters. So do lets don't pretend that I don't have a point, mkay?
Tell me, who said it wasn't?
Erich Bloodaxe BSN
(14,733 posts)Maybe you can invent an 'invisible fence' for bullets, so when you fire a gun on your private property and miss, the bullet stops at the property line.
beevul
(12,194 posts)"Find a way to keep your bullets 100% on your own property and get back to us."
My bullets DO stay 100 percent on private property.
Did you have a point you wished to make?
Erich Bloodaxe BSN
(14,733 posts)You've never missed a target or backstop in your life above ground/outside, and you never will?
You're an amazing person, I wish all gun owners were exactly like you.
Sadly, in our media market, there's at least a couple of people a week hit by bullets on their own property that came from guns fired by people not on their property.
beevul
(12,194 posts)Yeah, thats it.
I tend not to shoot where a chance of the round leaving the property is any real possibility. Care to deride me more for being responsible?
In a country of 300 million. Color me shocked.
I guess everyone is responsible, right?
Rather than just those who make bad choices, being responsible for bad choices.
Nuclear Unicorn
(19,497 posts)Erich Bloodaxe BSN
(14,733 posts)I didn't say anyone should be confined to underground bunkers, as you seem to be implying.
I was making a guess as to how the prior commenter managed to stop any of his bullets from leaving his property.
Nuclear Unicorn
(19,497 posts)That's a considerable and rather extreme leap to make. So much so it's hard to imagine someone innocently making such a statement. That being said, the disconnect between what is thought and what is written is not mine.
michaelhr
(7 posts)Slippery slopes are for gun owners in England and Australia- England has a de facto hand gun ban in place and Australia gun rights were crushed after one mass shooting.
Ed Suspicious
(8,879 posts)
'Well it was but that was pretty roundly rejected."
GGJohn
(9,951 posts)I predict any further attempts at gun control in WA will result in a humiliation for the gun control organizations.
Prophet 451
(9,796 posts)Unreasoning knee-jerk opposition to any and all regulation is just as bad as unreasoning knee-jerk support of regulation.
acalix
(81 posts)ZombieHorde
(29,047 posts)Do you believe prisoners should be allowed to have loaded firearms in their cells? That restriction is a form of gun control.
acalix
(81 posts)ZombieHorde
(29,047 posts)All policies have some justification. Some people should not be allowed to have firearms. Gun control is just a firearm restriction. Just because someone doesn't think they like the concept of firearm restrictions doesn't mean the firearm restrictions they support aren't firearm restrictions.
People need special permission to carry firearms on military bases. That is a firearm restriction. It's gun control.
People who want to go on a White House tour are forbidden from bringing firearms with them. That is a firearm restriction. It's gun control.
School children cannot carry firearms with them throughout their school day. And so on.
The argument isn't whether or not we should restrict firearms, because the extreme vast majority of people believe that we should, so the argument is how much should we restrict firearms.
acalix
(81 posts)Last edited Sun Nov 9, 2014, 02:05 AM - Edit history (1)
Is that being able to carry firearms into public buildings should be up to the owner. People also believe in property rights. If you don't want to stop carrying your gun, then don't visit those businesses which disallow it.
There is no federal law dictating that people are forbidden from carrying guns into public places. That's the difference. Owners of private property should be allowed to dictate what they allow in their places of business.
But don't tell me what type of gun or magazines I can own in the privacy of my own home.
Scuba
(53,475 posts)Duckhunter935
(16,974 posts)now they have criminalized giving a buddy a weapon at a range. The pro-controller side always wants more and more. Lets see how many fixes to this law have to be done after it is actually looked at like it should have been.
ileus
(15,396 posts)They want to require you to be an easy victim.
Eleanors38
(18,318 posts)Response to Eleanors38 (Reply #14)
Name removed Message auto-removed
uppityperson
(115,677 posts)and/or kindred spirits to NRA?