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Member (Idle past 1433 days) Posts: 20714 From: the other end of the sidewalk Joined: |
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Author | Topic: How can we regulate guns ... ? | |||||||||||||||||||||||||||||||||||||||||||
onifre Member (Idle past 2979 days) Posts: 4854 From: Dark Side of the Moon Joined:
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The US has a homicide rate completely out of kilter with it's status as a first world Western democracy. But it's important to note that it's only a high rate in low income neighborhoods which are predominantly black and hispanic neighborhoods.
There are probably numerous reasons for this. There are two in my opinion. Poverty and the availability of guns to use in crimes.
But the bewildering attitude to guns as some sort of symbol of freedom is almost certainly part of the issue. Those who see it as a symbol of freedom are, for the most part, white citizens. Blacks and hispanics see it as a symbol of power. Neither one is right. - Oni
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crashfrog Member (Idle past 1495 days) Posts: 19762 From: Silver Spring, MD Joined:
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But silly arguments about what is and what is not an assault rifle is merely a distraction strategy. Not if you propose to enact a ban on assault rifles.
It's not rocket science. Then why do you keep getting it wrong?
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Tangle Member Posts: 9512 From: UK Joined: Member Rating: 4.8
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crashfrog writes: Then why do you keep getting it wrong? This is what I have said:
tangle writes: Given where you are, to make any difference at all, you'd have to get properly harsh. An outright ban on the ownership of handguns and assault weapons. A recall of existing guns in those categories and strong Federal - not state - licensing of hunting rifles and shotguns. And don't dick about splitting hairs with definitions. I have also offered as a starting point the UK Firearms Act (amended) which provides definitions of what is allowed and what isn't. http://www.legislation.gov.uk/ukpga/1997/5/contents Given that I've never attempted a definition myself because that just leads to deliberately distracting and futile arguments like this one; it's rather hard to be wrong about it.Life, don't talk to me about life - Marvin the Paranoid Android
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Genomicus Member (Idle past 1970 days) Posts: 852 Joined:
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An outright ban on the ownership of handguns and assault weapons. A recall of existing guns in those categories and strong Federal - not state - licensing of hunting rifles and shotguns. Does the federal government have the constitutional right to regulate guns, though?
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crashfrog Member (Idle past 1495 days) Posts: 19762 From: Silver Spring, MD Joined:
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Given that I've never attempted a definition myself because that just leads to deliberately distracting and futile arguments like this one Yes, but that's what you're wrong about - the idea that you can regulate something you can't define. I mean if we can just handwave and leave stuff to the "experts" who will, by definition, get it right, why even bother talking about policy? Why don't we just say "well, let's have whatever policy to reduce murders the experts know is best" and boom, done? No murders at all?
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Rahvin Member Posts: 4046 Joined: Member Rating: 7.4
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Does the federal government have the constitutional right to regulate guns, though? The Constitution guarantees the "right to bear arms." It does not say what those arms are, or limit Congress from making laws limiting the types of arms that can be owned. That's why it's illegal to have weapons like RPGs or armed tanks (you can own a tank, but the gun must be disabled). It would be perfectly fitting within the Constitution to ban all guns and limit the arms that can be borne to escrima sticks. The government would simply need to assert a State interest in limiting the destructive power of various and sundry weapons to preserve the public safety - it's all just a matter of determining where that line should be drawn, not whether any line can be drawn. It's somewhat like limiting free speech by making it illegal to scream "fire!" in a crowded place, or to incite violence, or to conspire to commit a crime, etc. And of course, in the end, our laws and rights are not simply inherent, written in stone by some imagined deity. It's all just words on paper, held in place by the force of communal agreement that it is so. We have the freedom of speech because we all agree that we have the freedom of speech. The Constitution can be altered, limited, or even replaced given sufficient public and political support for doing so. We've been re-interpreting and even re-writing it for the past 200+ years. It's something a lot of people forget about, since we haven't made an Amendment in a while.The human understanding when it has once adopted an opinion (either as being the received opinion or as being agreeable to itself) draws all things else to support and agree with it. - Francis Bacon "There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs." - John Rogers A world that can be explained even with bad reasons is a familiar world. But, on the other hand, in a universe suddenly divested of illusions and lights, man feels an alien, a stranger. His exile is without remedy since he is deprived of the memory of a lost home or the hope of a promised land. This divorce between man and his life, the actor and his setting, is properly the feeling of absurdity. — Albert Camus "...the pious hope that by combining numerous little turds ofvariously tainted data, one can obtain a valuable result; but in fact, the outcome is merely a larger than average pile of shit." Barash, David 1995.
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Genomicus Member (Idle past 1970 days) Posts: 852 Joined:
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The Constitution guarantees the "right to bear arms." It does not say what those arms are, or limit Congress from making laws limiting the types of arms that can be owned. That's why it's illegal to have weapons like RPGs or armed tanks (you can own a tank, but the gun must be disabled). It would be perfectly fitting within the Constitution to ban all guns and limit the arms that can be borne to escrima sticks. But that's not the meaning of the word "arms" in the 2nd amendment. "Arms" in this context means firearms, not simply "weapon." That would seem to be the interpretation of the founding fathers, at least. E.g., Federalist paper 46:"Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it." I'm pretty sure James Madison was not referring to escrima sticks, but rather to firearms.
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crashfrog Member (Idle past 1495 days) Posts: 19762 From: Silver Spring, MD Joined:
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The Constitution guarantees the "right to bear arms." It does not say what those arms are, or limit Congress from making laws limiting the types of arms that can be owned. The Second Amendment does, however, specify the purpose of the individual right to bear arms - the necessity of being able to call the general citizenry up into an ordered and self-provisioned militia in a time of national defense. To that end, the Second Amendment preserves an individual right to own weapons that are appropriate for light infantry soldiers; that's why the Second Amendment preserves semi-auto battle rifles but not squad-grade weapons like RPG's. A tank is not arms, because it can't be carried and operated by a single soldier.
It would be perfectly fitting within the Constitution to ban all guns and limit the arms that can be borne to escrima sticks. No, it wouldn't be, and areas and municipalities that have tried to ban all guns have had those laws overturned by the Supreme Court.
The Constitution can be altered, limited, or even replaced given sufficient public and political support for doing so. Sure. But you can't simultaneously adopt the position that we could and should amend the Constitution to allow the sort of gun reform you advocate, and then assert that we don't need to amend it to allow the sort of gun reform you advocate. The Second Amendment is an obstacle to sweeping gun bans, because your understanding of the Amendment is deeply at odds with how it has been interpreted by basically everybody else.
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Rahvin Member Posts: 4046 Joined: Member Rating: 7.4 |
Sure. But you can't simultaneously adopt the position that we could and should amend the Constitution to allow the sort of gun reform you advocate, and then assert that we don't need to amend it to allow the sort of gun reform you advocate. The Second Amendment is an obstacle to sweeping gun bans, because your understanding of the Amendment is deeply at odds with how it has been interpreted by basically everybody else. I didn;t say that was my interpretation. I was simply pointing out that "limitations" are acceptable already, and the debate is really simply a matter of where the limiting line is drawn. That location is determined by public and political consensus - and I agree that right now the consensus and legal precedent are in accordance with allowing firearms. That doesn't mean that the consensus cannot change in the future, or that the precedent can be overturned. Which was the whole of my point. The interpretation of law, and even the laws themselves, change over time.The human understanding when it has once adopted an opinion (either as being the received opinion or as being agreeable to itself) draws all things else to support and agree with it. - Francis Bacon "There are two novels that can change a bookish fourteen-year old's life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs." - John Rogers A world that can be explained even with bad reasons is a familiar world. But, on the other hand, in a universe suddenly divested of illusions and lights, man feels an alien, a stranger. His exile is without remedy since he is deprived of the memory of a lost home or the hope of a promised land. This divorce between man and his life, the actor and his setting, is properly the feeling of absurdity. — Albert Camus "...the pious hope that by combining numerous little turds ofvariously tainted data, one can obtain a valuable result; but in fact, the outcome is merely a larger than average pile of shit." Barash, David 1995.
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Tangle Member Posts: 9512 From: UK Joined: Member Rating: 4.8
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crashfrog writes: Yes, but that's what you're wrong about - the idea that you can regulate something you can't define I know you're desperate to distract the conversation off into the undergrowth of magazine size, barrel length and calibre, but I ain't going there; it's obviously possible to define the kinds of weapons that you wish to ban as it has been done successfully in other countries. Life, don't talk to me about life - Marvin the Paranoid Android
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crashfrog Member (Idle past 1495 days) Posts: 19762 From: Silver Spring, MD Joined:
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I know you're desperate to distract the conversation off into the undergrowth of magazine size, barrel length and calibre, I don't think those are qualities that define how dangerous a gun is or what constitutes an "assault rifle", so your insistence that I want to have a conversation about those irrelevancies is a misrepresentation.
it's obviously possible to define the kinds of weapons that you wish to ban as it has been done successfully in other countries. In what country has it been successful? Yours? Not so:
quote: http://www.thesun.co.uk/...ns-on-sale-legally-in-the-UK.html Semi-automatic "military-style" weapons with accessory rails such as these were used in spree killings as recently as the 2010 Cumbria shootings. The firearms license for "hunting" guns such as shotguns and rifles (section 1) would allow the ownership of such a gun as this, as well.
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onifre Member (Idle past 2979 days) Posts: 4854 From: Dark Side of the Moon Joined:
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That would seem to be the interpretation of the founding fathers I wonder given the last statement if the founding fathers, or at least James Madison, would agree that a civilian not in the armed forces, part of the national guard, or in law enforcement, needs a gun?
"Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it." - Oni Edited by onifre, : No reason given.
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onifre Member (Idle past 2979 days) Posts: 4854 From: Dark Side of the Moon Joined:
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the necessity of being able to call the general citizenry up into an ordered and self-provisioned militia in a time of national defense. Haven't we already done this in the form of a standing military? No one is asked to bring their guns with them, our taxes already pay for our citizenry to own and operate the best weapons in the world. - Oni
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crashfrog Member (Idle past 1495 days) Posts: 19762 From: Silver Spring, MD Joined:
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Haven't we already done this in the form of a standing military? The point of the Second Amendment isn't to make it possible to arm the military. The military doesn't need a Constitutional amendment to have guns; they get to have guns simply by virtue of being the military. The point of the Second Amendment is to maintain a deep reserve of armed citizens who can be called up if the standing army proves insufficient. We can debate the wisdom of that, but that's what the amendment was put in there for. If you asked me to vote on repeal I don't yet know how I'd vote. But currently the Second Amendment is the law of the land, and gun control legislation has to be consistent with it or the Supreme Court will overturn it.
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Tangle Member Posts: 9512 From: UK Joined: Member Rating: 4.8 |
crashfrog writes: Semi-automatic "military-style" weapons with accessory rails such as these were used in spree killings as recently as the 2010 Cumbria shootings. The firearms license for "hunting" guns such as shotguns and rifles (section 1) would allow the ownership of such a gun as this, as well. Oh dear, an article from the Sun. I'm more than happy to add .22 repeating rabbit guns to the list. Next?Life, don't talk to me about life - Marvin the Paranoid Android
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