Some Liberals do this thing after shootings that is so hypocritical.

MeachTheMonster

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Time to go back to prohibition as well?

This just proves that some wrong things are legal and should be regulated better just like guns. Where your comparison breaks down is that alcohol is not used to kill anyone plenty of people drink alcohol for plenty of reasons and most times nobody gets hurt. Everytime someone uses a gun something gets hurt or dies. Guns are deadly weapons alcohol is a tag along for fukked up activity. Maybe we should check people for alcoholism before we sell them a gun.
 

thernbroom

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Americans and guns simply dont work

Go to Sweden who have 50% gun ownership and they have 1% gun related deaths now compare it to the US who also have 50% gun ownership and have 75% gun related deaths, compared to a country such as GB who have 3% gun ownership and only 7% gun related deaths

I'm not even counting the illegal sh*t
 

Type Username Here

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I did cite law. I cited the fukking 2nd amendment and the intent of the framers and you cannot refute it. You type into you're blue in the face, but you cannot, have not, and will not make a credible case that the framers intended the 2nd amendment to mean that it is unconstitutional for the government to place any restrictions on any conceivable weapons for private citizens to own.

Nah breh, you didnt. You copied the text from the amendment and assigned your own interpretation, ignoring centuries of court cases, debates and historical writings. You didn't provide ONE single source for this intent of the framers you claim, while I have provided several to show that your imagined intent is just plain wrong.

You brought up this mysterious intent, where is the proof?
 

Dusty Bake Activate

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But you did. In fact, you claimed initially that they mean for the 2nd Amendment to be used only for militia purposes. This is not true.

No I did not. Read my post. I said the allowance of militias, particularly during the times they lived in, fresh off of leading a revolution against a tyrannical government and the threat of Indians whose land they were taking, as well as the desired appeasement of anti-federalist with militia leanings was the primary impetus behind the conception 2nd amendment. I did not say it was only for that. I know the framers intended the 2nd amendment to cover personal self-defense. This is common knowledge.
I read it. Your post brings up opinions, some while valid, exist solely outside the bounds of the law and process of the law. I'm glad you skimmed over the Wiki, but if you dig deeper you'll see exactly what the framers meant.

We are arguing what the 2nd amendment says and what the framers intended. You have not provided any more legal evidence than me. Your SCOTUS rulings are irrelevant. They do not apply to what we're talking about, restrictions on certain types of weapons.

SCOTUS is the highest court in the land. They interpret the constitution. Do I agree with everything they decide? Obviously not. But in THIS case, they were merely affirming the "individual rights" interpretation of the 2nd that had been used since the founding of the Republic and is consistent with the writings of the framers. Trying to argue against this point amounts to pure lying. The SCOTUS finally decided to affirm what everybody else had interpreted the 2nd to be.

Okay, so why cite them? Why don't you go ahead and cite Plessy vs. Ferguson to support separate but equal then? The SCOTUS could be wrong. And once again, none of the rulings you cited have anything to do with banning assault weapons or extended clips, which is what the gun control debate is about.
As for Citizens United, the court went against and hundred plus years of precedent in various court systems. The overturned a previous SCOTUS ruling. While I find it outrageous, it is still law and I don't agree with states, cities or congress trying override it's constitutionaly without going through the actual process of Amending the Constitution.

So the SCOTUS can be wrong. Let's stick to talking about what's in the 2nd amendment what the intent of it was.

Here is something I NEVER hear from gun-control folks: "Let's amend the constitution in regards to the 2nd Amendment." Why is that? Isn't that the legal thing to do?

It's because you yourself have begun to pat yourself on the back for an argument that was brought up and defeated 200 years ago. Madison didn't see the need for a 2nd amendment because he erroneously assumed that the government would never have enough weapons or powers to overcome the force of citizens and militia, but he was persuaded otherwise when visionaries argued that the government might have more monies, resources and legal avenues to become better equip ed and armed. Thus they argued for the passage of an amendment that would allow citizens and militias to match the power of government weapons essentially.

You seem to be making a strawman argument here. Where in this thread did I say I want ban guns? I don't. I am a gun owner. Restrictions on types of weapons legal was not defeated in 200 years ago.
If you didn't know already, you CAN own grenade launchers and heavy weapon systems in the United States. The government makes the permits so expensive and rounds so rare to get that most people don't have the means to get it.
Yes, you can own a rocket launcher, but it can't be loaded. So if the cops find me with a rocket launcher and it has a projectile in it, I'm going to jail. Do you support this? If so, you're "cripwalking on the Constitution."

You keep citing shyt that has nothing to do with the crux of my argument. There is nothing in the 2nd amendment whether written or by intent that says that there can be no restrictions or regulations on any type of conceivable weapon.

I'm going to ask you again for the 3rd time? Where do you draw the line? If I was a billionaire with a secret underground batcave could I own a nuclear missile? Should fully automatic machine guns be legal? What about my hypothetical mobile device that can signal a small drone that fires projectiles? Can I own a tank?

If you think it's within constitutional means to ban any of those things for private citizens, you are drawing the line somewhere and "cripwalking on the Constitution" according to you. I just draw it before you.

Again, you name-call, trivialize issues I had because of war, and fail to cite ANY law or historical evidence to make your point.

What are you talking about? I didn't call a single name in the thread except for a gun nut, but come on. You know you are. I'm not trying to insult or demean you, but regular posters like you and I have posted here long enough so that we know certain things about each other's personalities. You are VERY paranoid and you have a fetish for guns and it's noticeable. You're still in the military man mindset. It's okay. The country is probably better off with dudes like you.

My only issue is this inclination you have is OBVIOUSLY what's driving your argument, not cold, legal logic.

You claim that I'm only arguing for this amendment because I'm pro-gun, and it is completely disingenuous.

No it's not at all. Once again, for the 3rd time, I'll cite the fact that many social welfare programs you support like Medicare, Social Security, single payer healthcare, etc. "crip walk on the Constitution" far more than banning extended clips and AR-15s does, but I'm sure you'll convenient ignore that again for the 3rd time.

You are being disingenuous because you are picking and choosing what you want to strictly interpret the Constitution about.

You and others here know I'm pretty heavy on the Constitutional rule of law, regardless of the Amendment. This is stooping down to Mowgli levels of twisting around facts.
lol...yeah, I'm stooping to Mowgli level by using logic, facts, and law.
 

Dusty Bake Activate

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Nah breh, you didnt. You copied the text from the amendment and assigned your own interpretation, ignoring centuries of court cases, debates and historical writings. You didn't provide ONE single source for this intent of the framers you claim, while I have provided several to show that your imagined intent is just plain wrong.

You brought up this mysterious intent, where is the proof?

You started the thread saying people that advocate gun control are "cripwalking on the Constitution." The onus is on you to explain why banning semiautomatic assault rifles, extended clips, or other forms of weaponry is unconstitutional. I'm still waiting for an answer.
 

Dusty Bake Activate

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Type Username Here posed an outstanding argument based in law. I will rep him all throughout the thread when I get to my pc. Great thread.
Nah, he cited an argument based on law for the allowance of guns. He didn't make any good legal case as to why there should be no restrictions or regulations on any weapons, such as assault rifles and extended clips at all.
 

Type Username Here

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No I did not. Read my post. I said the allowance of militias, particularly during the times they lived in, fresh off of leading a revolution against a tyrannical government and the threat of Indians whose land they were taking, as well as the desired appeasement of anti-federalist with militia leanings was the primary impetus behind the conception 2nd amendment. I did not say it was only for that. This is common knowledge.


We are arguing what the 2nd amendment says and what the framers intended. You have not provided any more legal evidence than me. Your SCOTUS rulings are irrelevant. They do not apply to what we're talking about, restrictions on certain types of weapons.



Okay, so why cite them? Why don't you go ahead and cite Plessy vs. Ferguson to support separate but equal then? The SCOTUS could be wrong. And once again, none of the rulings you cited have anything to do with banning assault weapons or extended clips, which is what the gun control debate is about.


So the SCOTUS can be wrong. Let's stick to talking about what's in the 2nd amendment what the intent of it was.



You seem to be making a strawman argument here. Where in this thread did I say I want ban guns? I don't. I am a gun owner. Restrictions on types of weapons legal was not defeated in 200 years ago.

Yes, you can own a rocket launcher, but it can't be loaded. So if the cops find me with a rocket launcher and it has a projectile in it, I'm going to jail. Do you support this? If so, you're "cripwalking on the Constitution."

You keep citing shyt that has nothing to do with the crux of my argument. There is nothing in the 2nd amendment whether written or by intent that says that there can be no restrictions or regulations on any type of conceivable weapon.

I'm going to ask you again for the 3rd time? Where do you draw the line? If I was a billionaire with a secret underground batcave could I own a nuclear missile? Should fully automatic machine guns be legal? What about my hypothetical mobile device that can signal a small drone that fires projectiles? Can I own a tank?

If you think it's within constitutional means to ban any of those things for private citizens, you are drawing the line somewhere and "cripwalking on the Constitution" according to you. I just draw it before you.



What are you talking about? I didn't call a single name in the thread except for a gun nut, but come on. You know you are. I'm not trying to insult or demean you, but regular posters like you and I have posted here long enough so that we know certain things about each other's personalities. You are VERY paranoid and you have a fetish for guns and it's noticeable. You're still in the military man mindset. It's okay. The country is probably better off with dudes like you.

My only issue is this inclination you have is OBVIOUSLY what's driving your argument, not cold, legal logic.



No it's not at all. Once again, for the 3rd time, I'll cite the fact that many social welfare programs you support like Medicare, Social Security, single payer healthcare, etc. "crip walk on the Constitution" far more than banning extended clips and AR-15s does, but I'm sure you'll convenient ignore that again for the 3rd time.

You are being disingenuous because you are picking and choosing what you want to strictly interpret the Constitution about.


lol...yeah, I'm stooping to Mowgli level by using logic, facts, and law.

I'll provide a detailed response once I get home later tonight. I'm attending an all day event and only have my phone.
 

zerozero

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I'm afraid I can't participate in a lengthy way here but I consider an extreme focus on Original Intent to be a pretty unconvincing way to interpret the constitution (and very heavily conservative). The framers didn't intend juvenile execution to fall under "cruel and unusual" either. Plus the intentions diverged among the framers anyway. Among conservative ways to approach the constitution I prefer the Textualist approach
 

The War Report

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This just proves that some wrong things are legal and should be regulated better just like guns. Where your comparison breaks down is that alcohol is not used to kill anyone plenty of people drink alcohol for plenty of reasons and most times nobody gets hurt. Everytime someone uses a gun something gets hurt or dies. Guns are deadly weapons alcohol is a tag along for fukked up activity. Maybe we should check people for alcoholism before we sell them a gun.

I don't know about that. Alcohol has taken and ruined many lives.
 
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Nah, he cited an argument based on law for the allowance of guns. He didn't make any good legal case as to why there should be no restrictions or regulations on any weapons, such as assault rifles and extended clips at all.

I dont believe he was saying that their should or should not be. What he was saying is that cases similar to that have been tried in court, he showed the outcome of said cases, and that the matter has been resolved. Specifically, he stated that the writers of these documents had thought of improvements in arms and that a main purpose of the second amendment, as interpreted by the supreme court, was that citizens of the united states could own the same level of defense as its government so it would not be overpowered simply because it can afford to purchase more and better arms.

This addresses the matter of 'assault rifles and extended clips.'
 

Dusty Bake Activate

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I dont believe he was saying that their should or should not be. What he was saying is that cases similar to that have been tried in court, he showed the outcome of said cases, and that the matter has been resolved. Specifically, he stated that the writers of these documents had thought of improvements in arms and that a main purpose of the second amendment, as interpreted by the supreme court, was that citizens of the united states could own the same level of defense as its government so it would not be overpowered simply because it can afford to purchase more and better arms.

This addresses the matter of 'assault rifles and extended clips.'

No he did not. All he did was provide self-ether. The SCOTUS rulings he cited don't even support or address his argument in regard to assault weapons.

First of all, they were from 2001, 2008, and 2010 lol. Yeah that really makes concrete what the founders intended...the fukking Roberts court. :sitdown: Which goes back to my original opinion about trying to discern what the founders intent was through the lens of the SCOTUS 200 something years later. Type would just as easily throw any recent SCOTUS reading he disagreed with in the bushes and call it right wing ideological nonsense, like Citizens United. He's being disingenuous.

The first one he cited, District of Columbia v. Heller - Wikipedia, the free encyclopedia ruled that handguns can't be banned in a "federal enclave," D. C. and it said that handguns were for "common use" self-defense. It made no mention of and didn't apply to assault weapons, which are not necessary for self-defense.

The 2nd one he cited, McDonald v. Chicago - Wikipedia, the free encyclopedia ruled a ban on guns in Chicago was unconstitutional. Again, nothing to do with assault rifles.

And even in that decision, Scalia, suggested that bans on some types of weapons are constitutional:

“The Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” Scalia wrote. But he also said a 1939 Supreme Court case, United States v. Miller, allows for limitations on the right to bear arms, “supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’”

You know Type is reaching when he's citing fukking Antonin Scalia, a man who he agrees with on probably nothing else and the right wing Roberts court to try and bolster his case. And Scalia sounds like he's to the left of Type on this issue.

Then he cited United States v. Emerson - Wikipedia, the free encyclopedia Again, nothing to do with assault weapons or restrictions on types of weapons.

He just linked cases that ruled on the pro-gun side of the argument, but did not apply to potential restrictions or regulations on types of weaponry and thought he could get away with it because nobody would read it.

However, the SCOTUS did rule that regulations on firearms were indeed constitutional in United States v. Miller - Wikipedia, the free encyclopedia of 1939.

"In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument."

So there is precedent for the regulations and restriction of some types of firearms...more than there is than against them.

Type hasn't presented one shred of legal evidence that banning assault weapons is unconstitutional. He's just pasting wikipedia links that don't even support his case to try and justify his erection for AK-47s. Take back those pos reps and daps.
 

Type Username Here

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No he did not. All he did was provide self-ether. The SCOTUS rulings he cited don't even support or address his argument in regard to assault weapons.

First of all, they were from 2001, 2008, and 2010 lol. Yeah that really makes concrete what the founders intended...the fukking Roberts court. :sitdown: Which goes back to my original opinion about trying to discern what the founders intent was through the lens of the SCOTUS 200 something years later. Type would just as easily throw any recent SCOTUS reading he disagreed with in the bushes and call it right wing ideological nonsense, like Citizens United. He's being disingenuous.

The first one he cited, District of Columbia v. Heller - Wikipedia, the free encyclopedia ruled that handguns can't be banned in a "federal enclave," D. C. and it said that handguns were for "common use" self-defense. It made no mention of and didn't apply to assault weapons, which are not necessary for self-defense.

The 2nd one he cited, McDonald v. Chicago - Wikipedia, the free encyclopedia ruled a ban on guns in Chicago was unconstitutional. Again, nothing to do with assault rifles.

And even in that decision, Scalia, suggested that bans on some types of weapons are constitutional:



You know Type is reaching when he's citing fukking Antonin Scalia, a man who he agrees with on probably nothing else and the right wing Roberts court to try and bolster his case. And Scalia sounds like he's to the left of Type on this issue.

Then he cited United States v. Emerson - Wikipedia, the free encyclopedia Again, nothing to do with assault weapons or restrictions on types of weapons.

He just linked cases that ruled on the pro-gun side of the argument, but did not apply to potential restrictions or regulations on types of weaponry and thought he could get away with it because nobody would read it.

However, the SCOTUS did rule that regulations on firearms were indeed constitutional in United States v. Miller - Wikipedia, the free encyclopedia of 1939.

"In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument."

So there is precedent for the regulations and restriction of some types of firearms...more than there is than against them.

Type hasn't presented one shred of legal evidence that banning assault weapons is unconstitutional. He's just pasting wikipedia links that don't even support his case to try and justify his erection for guns. Take back those pos reps and daps.

The courses, while recent, sought to re-affirm 200+ years of conventional legal doctrine and interpretation in regards to an individual's right to bear arms. The fact that it is the Roberts court or Scalia doesn't change 200+ years of historical interpretation of the amendment.
 

Dusty Bake Activate

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The courses, while recent, sought to re-affirm 200+ years of conventional legal doctrine and interpretation in regards to an individual's right to bear arms. The fact that it is the Roberts court or Scalia doesn't change 200+ years of historical interpretation of the amendment.
There is not 200+ years of interpretation that restrictions of any types of weapons are unconstitutional, and there is precedent that restrictions on types of firearms are constitutional in the U. S. v. Miller SCOTUS ruling.
 

Type Username Here

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There is not 200+ years of interpretation that restrictions of any types of weapons are unconstitutional, and there is precedent that restrictions on types of firearms are constitutional in the U. S. v. Miller SCOTUS ruling.

I will bring about a reply to your original post. I'm looking through my notebooks on my Constitutional Law classes in regardes to this subject, especially US v Miller, which backs my argument, as well as reframe the original intent from the founders in describing "Arms" as rifle and musket equipment belonging to the Militia.

Also, Scalia backs YOUR position, not mine.

Scalia's gun remarks outrage conservatives - National Conservative | Examiner.com

The last writer, quoted immediately above, appears to have the factual evidence to support his argument. If Scalia wishes to consider the 18th century context, who better to consult than the Framers themselves who had a lot to say about the necessity of an armed citizenry and the perpetual diligence of the people to prevent government from attempting to take away their right to keep and bear arms.

The fact that some local governmental authorities passed minor gun control laws is no indication of Supreme Court precedent or the views of the Framers. If the court at the time was silent about those laws it was not due to their consent but due to the fact that no one had brought a specific case before them that challenged the constitutionality of those laws.

Further, the Framers often decried some of what they saw happening in the various states which, in their view, was inconsistent with the original intent of the Constitution. They also warned about the failure of the citizens to exercise eternal diligence to insure that governments, local and federal, adhered strictly to the words of the Constitution in order to protect and defend freedom.

This writer has often harped on the fact that rule number one of constitutional interpretation is that in order to understand what a phrase in the document means, first turn to the Framers themselves who told us in their numerous pronouncements precisely what they meant by the words and phrases they used to form the Constitution.

Invariably Washington, Jefferson, Madison, Hamilton, Franklin, Mason, Samuel Adams and the other Founding Fathers stated with utmost clarity that in their view one of the most dangerous things that can happen in a society is the disarming of citizens, that armed citizens are the best protection against tyrannical government, even our own, and that one aspect of tyranny is the attempt by government to regulate, restrict, or ban the right of citizens to keep and use firearms.

Scalia's failure to mention the words of the Framers themselves when speaking about firearms is to many conservatives an indefensible and inexcusable omission.
 
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