Should Americans surrender to permissive firearm laws and increased mass shootings?

Discussion in 'Political Opinions & Beliefs' started by Natty Bumpo, Nov 14, 2023.

  1. Natty Bumpo

    Natty Bumpo Well-Known Member

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    Do you recognize that there are conflicting Constitutional rights?
     
  2. Noone

    Noone Well-Known Member

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    No
     
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  3. garyd

    garyd Well-Known Member

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    Stripping the right to self defense from we the people is extreme.
     
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  4. gorfias

    gorfias Well-Known Member

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    So, the Holocaust wasn't real. Gotcha. The Hamas attack didn't really happen.
     
    Last edited: Nov 17, 2023
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  5. garyd

    garyd Well-Known Member

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    Name one.
     
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  6. garyd

    garyd Well-Known Member

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    Which hoplophobes never do.
     
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  7. Natty Bumpo

    Natty Bumpo Well-Known Member

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    That reveals your absolutist view.

    No Constitutional right is absolute.

    [P]eople inevitably come into conflict exercising different aspects of their rights. For example, the 1st amendment says that congress shall make no law abridging the freedom of speech. Someone who runs a sound truck around a residential neighborhood at 3am extolling the candidate of their choice would be exercising their right of free speech but it would be a significant negative impact on all the folks in that neighborhood trying to sleep. Governments and the courts have to balance the free speech rights of the person running the sound truck versus the rights of other citizens to go about their lives.

    [https://law.stackexchange.com/questions/81686/why-are-constitutional-rights-not-absolute]


     
    Last edited: Nov 17, 2023
  8. Noone

    Noone Well-Known Member

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    Last edited: Nov 17, 2023
  9. Turtledude

    Turtledude Well-Known Member Donor

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    what's your solution to rape?
     
  10. Turtledude

    Turtledude Well-Known Member Donor

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    it means he doesn't support the concept of constitutional rights essentially
     
  11. Turtledude

    Turtledude Well-Known Member Donor

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    those who don't understand criminals think that they won't harm disarmed citizens
    they also pretend that gun bans will disarm the criminals who already ignore current gun bans
     
  12. Turtledude

    Turtledude Well-Known Member Donor

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    I wrote an essay long ago that I won't cite for obvious reasons. But I will give the cliff notes here. IT was based on research I had done as a prosecutor and my constant interactions with police and federal law enforcement agencies. I remember a retired highly decorated police officer whose last several years at a major police department was as the firearms instructor. He noted he had to give waivers to a former chief and a couple of his flunkies because they couldn't pass-what was a fairly tough firearms qualification course. The former chief was a big gun controller. He noted that he believed that the chief was anti gun for several reasons-brown nosing the anti gun mayor he served under but also, those who were competent with firearms reminded him of his failures. He also seemed to project his incompetence onto everyone else-figuring if he couldn't handle a handgun properly, no one else could and thus they ought to be restricted from carrying firearms. My essay dealt more with the fact that independent confident citizens who have accepted the potential consequence of having to defend themselves project an aura that is disturbing to cowards. When a man or woman projects that they are willing to make their own safety a personal responsibility -that statement accentuates the feelings of timidity and failure among those who won't. Gun bans or gun restrictions are often a shield these cowards use to try to reduce their own feelings of inadequacy
     
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  13. Noone

    Noone Well-Known Member

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    I really doubt criminals and terrorists give a thought to our protection.
     
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  14. Turtledude

    Turtledude Well-Known Member Donor

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    so you are admitting that firearms are better for defending important people than those other weapons? You sort of destroyed your own argument about there are other things useful for self defense. If you want to limit yourself to less effective weapons so be it=-but don't tell the rest of us that we should handicap ourselves
     
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  15. Turtledude

    Turtledude Well-Known Member Donor

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    criminals are mainly afraid of other criminals or armed citizens-if they really feared the government, they wouldn't be mopes. I recall (and I have heard this from other prosecutors) watching one of my colleagues interrogate a drug dealer who was busted with a -if I recall =a MAC 10 style SMG which was going to get him a bunch more years added on to the coke trafficking bust. The mope noted that if "we" (the feds) caught him with a gun, he got more years in the joint-if the rival gang caught him without a piece, he got a pine box in the ground
     
  16. Natty Bumpo

    Natty Bumpo Well-Known Member

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    I find it quite remarkable anyone would actually insist that Constitutional rights are absolute.

    ... Scalia himself said that Second Amendment protections could apply only to weapons “in common use at the time.” Chris Wallace asked Scalia in 2012 about semiautomatic weapons and extended magazines, and he said: “What the opinion Heller said is that it will have to be decided in future cases. What limitations upon the right to bear arms are permissible. Some undoubtedly are, because there were some that were acknowledged at the time. For example, there was a tort called affrighting, which if you carried around a really horrible weapon just to scare people, like a head ax or something, that was I believe a misdemeanor. So yes, there are some limitations that can be imposed.”
     
    Last edited: Nov 17, 2023
  17. garyd

    garyd Well-Known Member

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    And that exception is due process, and has been fully set out in the courts. It is a felony conviction. The old saw about yelling fire in a crowded theater is pretty much obvious bunkum, for you most certainly can yell fire in a crowded theater if you so choose. However the minute you do you become legally liable for any harm that results from your action. The problem with hoplophobes is the automatic assumption of guilt on the part of everyone who owns a gun. That is not only breath takingly totalitarian, but amounts to an a priori restraint of the sort generally proscribed by the constitution.
     
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  18. Natty Bumpo

    Natty Bumpo Well-Known Member

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    You may assume "guilt on the part of everyone whom owns a gun."

    I do not.

    Requiring that a driver of an automobile on public roads show competence, be licensed, register his vehicle, and conform to rules of the road in no way assumes that every driver is automatically guilty of illegal driving.

    Do laws that restrict firearm ownership exist? Of course. Are they unconstitutional? Obviously not.
     
    Last edited: Nov 17, 2023
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  19. Turtledude

    Turtledude Well-Known Member Donor

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    you keep saying that without referencing the context and the cases that came after it. You seem to think governmental power is unlimited
     
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  20. Pants

    Pants Well-Known Member

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    And this is exactly what I don't understand. We have laws regulating many things that can be harmful - so why is it such an extreme thing to want to build safety laws into gun ownership?
     
  21. Turtledude

    Turtledude Well-Known Member Donor

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    tell us what is the limit of governmental power concerning firearms and what part of the second amendment's negative restriction on the federal government is "limited"
     
  22. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Sure, they fear rival gangs as well as the government. They are not concerned about regular citizens since citizens ignore them, while cops and other gangs hunt them.
     
  23. Turtledude

    Turtledude Well-Known Member Donor

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    SAFETY laws is the new code word that the anti gun left has adopted over the last few years to try to make laws that ONLY restrict what legal gun owners can do, more palatable. Every improper thing one can do with a firearm is already subject to prison sentences, fines or civil punitive damages.
     
  24. Turtledude

    Turtledude Well-Known Member Donor

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    you are claiming criminals are not concerned about ordinary citizens being armed? that flies in the face of numerous polls and interviews of home invaders, armed robbers etc
     
  25. Natty Bumpo

    Natty Bumpo Well-Known Member

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    Government power is not unlimited, just as no constitutional right is unlimited.

    Is the government embowered to respect the will of the People when it does not violate the Constitution? That is the nature of democratic self-governance.

    gun-graphic2.jpg
     
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