Federal Judge Strikes Down 21 y/o age limit on carrying a handgun

Discussion in 'Gun Control' started by Wild Bill Kelsoe, Aug 26, 2022.

  1. Torus34

    Torus34 Well-Known Member

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    Hi again, Wild Bill Kelsoe.

    There are any number of questions about our Constitution [A remarkable document, btw,] and what it means. I've enjoyed chatting with you about just one of them.

    For what it's worth, I would guess that at the time it was written, folks under 18 with guns were not at all unusual once you get outside of a major town or city. The Daisy air rifle, as an aside, was once given as a gift for a farmer's son when the farmer purchased a Daisy windmill. It well may be that the drafters of the 2nd Amendment were unconcerned about an age limit. They may well have considered that issue, if issue it was, was taken care of by a youngster's parents. These days, we have no age limit on riding a bicycle. That, too, is up to the parents.

    Curiously, the modern interpretation of the section of the 2nd Amendment ignores the first part, which makes the right to bear arms subservient to the need for the government to have a well-regulated militia.

    And so it goes.

    It's been an interesting 'chat'.

    Best wishes to you and yours.
     
  2. Wild Bill Kelsoe

    Wild Bill Kelsoe Well-Known Member

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    The Bill of Rights places limits on the government. It doesn't give the government power. The government's powers are listed in Articles 1, 2 and 3.

    The 2nd says, in no uncertain terms that the right of the people to keep and bear arms shall not be infringed. There zilch there about being a member of a militia.
     
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  3. Turtledude

    Turtledude Well-Known Member Donor

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    Here is an issue I have NEVER found to be addressed by those who try to pretend the second amendment somehow infers some power of the government to regulate small arms ownership by the citizens in their private capacity. And that is this issue

    WHERE IN THE main body of the constitution, specifically Article One Section Eight-did the founders even hint that the federal government should have the ability to restrict or limit the arms of the private citizens. In reality, Federal gun control is a violation of the tenth amendment first
     
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  4. Torus34

    Torus34 Well-Known Member

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    Hi, Turtledude.

    There were a number of forces at work during the time of the writing of the Constitution of the United States of America. Among there were the merchants who supplied the militias in the several states. This was a nice, profitable business, as are most of those in which merchandise is purchased by governments. [Ed.: This is especially true when things are, shall we say, not entirely on the up-and up.] Those same merchants might have looked askance at the possibility of the federal government taking over the control and, as a consequence, the supplying, of the state militias.

    Unfortunately, we con't go back and be a fly on the wall. The best we have are those documents which have come down to us.

    Regards, stay safe 'n well.
     
  5. edna kawabata

    edna kawabata Well-Known Member

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    Last edited: Aug 30, 2022
  6. TOG 6

    TOG 6 Well-Known Member

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  7. edna kawabata

    edna kawabata Well-Known Member

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    You mean a dead senior......and missing the big picture.
     
  8. Reality

    Reality Well-Known Member

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    ATF has been coming by collecting all solvent traps. Seems like FPC will be able to get a client out of that
     
  9. Polydectes

    Polydectes Well-Known Member

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    The ATF are thugs and that organization should be disband immediately.
     
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  10. Reality

    Reality Well-Known Member

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    Strict Scrutiny is not the standard of NYR&PA. NYR&PA uses a far more strict standard: If it wasn't in effect during the passage of the bill of rights in one of the 13 colonies, it is invalid.
    The NFA was touted as being a novel thing, derived from the harrison narcotics act that was likewise billed as a completely novel scheme.
    Novel = not in place during the founding = they can get ****ed.
     
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  11. Reality

    Reality Well-Known Member

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    Friend, are you in luck:

    2a.fpc.evenhasawatermark.png
     
  12. Polydectes

    Polydectes Well-Known Member

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    I'm familiar with FPC

    And I'm not talking about the first pentecostal church lol
     
    Last edited: Aug 30, 2022
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  13. Turtledude

    Turtledude Well-Known Member Donor

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    Interesting but that has nothing to do with my point.
     
  14. Torus34

    Torus34 Well-Known Member

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    Hi again, Turtledude.

    Sorry 'bout that. I digressed.

    Article 1, Section 8 grants the federal government the power to tax. There is no restriction, other than that the tax should be levied fairly across the US, on what can be taxed [guns?] or how heavy [confiscatory?] the tax can be.

    "The power to tax involves the power to destroy." Chief Justice John Marshall, McCulloch v. Maryland, 1819.

    That, at least, is a start to your question, if not your point.

    Regards, stay safe 'n well 'n un-shot.
     
  15. Turtledude

    Turtledude Well-Known Member Donor

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    check out poll tax and get back to me
     
  16. perotista

    perotista Well-Known Member Past Donor

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    If one thinks about, this makes perfect sense. In our eyes 18 is old enough to join the military without your parents’ consent. 18 is old enough to vote, 18 is when one is considered an adult. It’s the legal age when one is tried as a juvenile or as an adult in court for whatever crimes committed. 18 is old enough to obtain a loan without being cosigned by your parents and so on. If 18 is old enough for all the above and more, 18 is old enough to buy and carry a gun.


    Either 18 is old enough for everything considered being an adult or it isn’t. One can’t pick and choose. If buy and carrying a gun is 21, then all the above should be 21.
     
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  17. modernpaladin

    modernpaladin Well-Known Member Past Donor

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    Do you know what the militia is? Hint: its not 'the government'...
     
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  18. Torus34

    Torus34 Well-Known Member

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    Hi, modernpaladin.

    Your question traces back to militias which were formed in the several states well before the drafting of the Constitution of the United States of America. I'm versed in their development, composition, funding and purpose(s).

    Regards, stay safe 'n well.
     
  19. Torus34

    Torus34 Well-Known Member

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    Hi, Turtledude.

    Your assumption that I'm unfamiliar with the development, history and use of poll taxes is in error.

    Perhaps you could go directly to your point?

    Regards, stay safe 'n well.
     
  20. btthegreat

    btthegreat Well-Known Member

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    Yep and all methods, that both liberal and NRA gun rights advocates, have hung their hats on, to stop the 'mentally ill' and pschotic and 'deranged' from getting their guns in the first place or yes, removing them from their custody, will go under the exact same legal scrutiny. And all of it will fall like dominos. The 'mentally ill' have the same due process rights and constitutional protections as you and I do, and it is one hell of a job to remove access to a constitutional right from someone, even for 72 hours. It won't matter how desperately a family begs police to get that gun from their suicidal son, or how many college buddies report increasingly bizarre behavior/ speech by 'Alex' the gun toting biology major, his weapon stash of 12 guns and regalia is staying right where it is - until that psycho breaks, anddecides to roam around his city looking for 'gratification' with as many as he can carry. Its going to take a series of scheduled hearings and endless continuances, each at least a month or two apart to do squat.

    SCOTUS has no idea what they let loose, when it decided Heller and now Bruen.
     
    Last edited: Aug 31, 2022
  21. Rucker61

    Rucker61 Well-Known Member

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    I rather think they do. Should we allow the government to ignore the Constitution, the Bill of Rights and SCOTUS because that's more convenient?
     
    Last edited: Aug 31, 2022
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  22. btthegreat

    btthegreat Well-Known Member

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    No. We should not play around with settled constitutional law as though its a little kids toy.
     
  23. Turtledude

    Turtledude Well-Known Member Donor

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    poll taxes are illegal because they attempt to tax and suppress a right. a confiscatory gun tax is unconstitutional-the NFA is clearly unconstitutional and should have been struck down on 2nd, 9th and Tenth amendment grounds. Since you seem enamored with defending gun restrictions-tell us where the congress properly had the authority to enact the 1934 NFA
     
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  24. Turtledude

    Turtledude Well-Known Member Donor

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    translation-you don't like the second amendment or the fact that the tenth amendment should strike down federal gun control laws.
     
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  25. TOG 6

    TOG 6 Well-Known Member

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    How do they know where they are?
     

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