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Author | Topic: Gun Control Again | |||||||||||||||||||||||||||||||||||||||||||
New Cat's Eye Inactive Member |
The bottom line is that the odds of getting shot by a gun while just out and about on your daily routine is incredibly unlikely.
Provided your routine isn't in Pleasant Grove Dallas TX.Then your odds go up exponentially Urban Dictionary: Pleasant Grove I drive through East St. Louis twice a day to and from work... Their murder rate is on the order of one per one thousand, rather than per 100,000.Burglary is on the order of one per one hundred... Assault: one per twenty... for real eek on that one.
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New Cat's Eye Inactive Member
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Why should the goal be to reduce gun death, specifically, as opposed to reducing all homicides?
Or how about reducing violent crime in general? How much violent crime are you willing to increase to save one life from a gunshot?
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New Cat's Eye Inactive Member
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I have owned a gun since I was six years old and have never been shot. That means in 68 years I haven't been shot. Have I ever needed my gun? Yes on 2 occasions. Did I have to use it no. Just the knowledge by the other person that I had it was sufficient. And since those 2 were non-incidents, they will not get counted in the statistics that are being used to say that you having the gun increased your danger. We simply do not know how many people are deterred from crime because the People are armed. We don't know how many lives have been saved. Its dubious to say that firearms make the odds worse.
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New Cat's Eye Inactive Member
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Technically, the second amendment says nothing about guns, only "arms." And the First Amendment says nothing about the internet, only "speech"... but your right is still protected on the internet. They extend to the normal usages at the time. Even given that, when they were written, 'arms' already implied 'firearms' while speech could have not ever been intended to be referring to the internet specifically. So the implications of the rights certainly are expanded as technologies increase. Still though, you're on the wrong side to begin with. You not supposed to have these rights just because you are being allowed to have them, and they're all limited until we determine which one are allowable. That's exactly the opposite, you have all the rights by default until it is determined that they need to be limited in some way. You need to provide a compelling argument to limit them, not just assume they're limited by the wording in the document.
I'm not arguing for a total gun ban, only pointing out that the second amendment doesn't create a constitutional right to possess firearms. It doesn't even create a right to possess arms! It assumes the right already exists and then demands that this pre-existing right does not become infringed. Please, just understand this one thing: The Bill of Rights doesn't not create your rights. You have rights, period. The Bill exposes them and grants that they not be removed.
As any kind of weapon could be considered an "arm," we could totally ban guns and still not violate the amendment. One can keep and bear mace, baseball bats, etc. and still exercise their second amendment rights, even if there is an all-out gun ban. No, the Supreme Court would rightly rule a gun ban as unconstitutional. Hell, even just the ban on carrying guns here in Iliinois was ruled unconstitutional.
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New Cat's Eye Inactive Member
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I take it that you are proponent of natural rights. Not everyone agrees with such things. I'm not sure that I am personally a proponent. It seems like a great idea but its hard to ground it objectively. But, the authors of the BoR were, and the influencial English Bill of Rights was written specifically to contrast the natural rights of the people as opposed to the Divine Rights of the king. So in that sense I'm a proponant. I'm certainly against the notion that we should all ponder what rights that we should allow people to have rather than defaulting on them having the right until we find sufficient reason to restrict it.
I find it difficult to believe that there is a natural right to unfettered gun possession. No rights are unfettered, not even speech. Or as the supreme court phrased it: "no rights are absolute and unlimited"
I can buy a natural right to self defense, to hunt and forage (with suitable arms), I think the natural right to self defense is the biggest influence on the 2nd. That what the English Bill of Right version stemmed from. The natural right to self-defense goes back to Aristotle.
but where in the world would the right to posses 5 inch artillery come from? I don't think the 2nd is even talking about the right to to posses 5 inch artillery. Its understood to mean the arms that an individual can utilize. Artillery requires a crew, its a military thing. It has nothing to do with self-defense.
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New Cat's Eye Inactive Member
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I'm an atheist, metaphysical naturalist, and existential / moral nihilist, so I don't believe in any kind of natural rights. Well la-di-da. So much for thinking for yourself...
Rights are socially constructed concepts granted by those in power, and not things that exist within objective reality. Okay, well then you'd accept that I should be able to have any kind of weapon I want until someone in power tells me I can't.
The Bill of Rights does create rights for American citizens. No, that's wrong. Show me where it does that. But regardless, what you originally posted remains in error:
quote: A gun ban would violate the amendment. You've failed to show otherwise. Your naive idea that its ambiguity limits its scope is refuted by current applications of the amendments.
As the existence of natural law / natural rights is a positive claim, the burden of proof rests on its proponent to demonstrate such things exist, not on the skeptic to prove such things don't exist. How quickly you run and hide! Anyways, Natural Rights are more of an ought-thing than an is-thing. People ought to be treated a certain way, but they're not objectively guaranteed any particular treatment. Through our empathy we can determine which things should and shouldn't do to each other. If you cannot understand that, then I'll leave you to wallow in your sociopathy.
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New Cat's Eye Inactive Member
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So what is it that gives the people the right to keep and bear arms if not the second amendment ? The fact that there's nothing at all stopping you from arming yourself. You can pick up a big stick off the ground and you are armed with a club. You don't have to have any words written down on paper to be able to pick up a big stick. You don't need to have your rights granted to you.
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New Cat's Eye Inactive Member
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How can guns be interpreted as a constitutional right when they are mentioned nowhere in the constitution? In the same way that you have the right to free speech on the internet, or on the radio, or television, even though they're not mentioned in there either. But even worse for this line of argument, as I've already explained, we know that they were talking about 'firearms' when they just wrote 'arms'. The ambiguity is there on purpose so that the applications can be extended into the future. Do you understand at all how constitutional law works in this country?
By your line of reasoning, each individual should be able to possess nuclear and biological weapons, as they are also types of "arms." Only through ignorant naivity can these kinds of arguments come about. Do you also believe that the first amendment allows you to scream in a cops face that you're going to kill him? No rights are absolute and unlimited.
The fact is, the constitution gives the courts and legislators the right and obligation to limit activities that are detrimental to American society. And those rights are limited in favor of The Peoples' Rights. Its incumbant upon those wanting to limit the rights to show they're deterimental. In no case does the right have to be shown to exist first.
The ability of individuals to possess efficient killing machines -- machines designed only to take human life -- is detrimental to society, and should, in my opinion, be stripped away. Thanks for sharing your opinion, but its worthless in a practical sense.
No one should have the right to freely possess and use instruments designed only for violence. Wow, that moral nihilism didn't last very long.
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New Cat's Eye Inactive Member
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So all that I need to demonstrate, to have the right to do something, is that I am able to do it ? Sort of, but not really. Its not that being able to do something demonstrates your right to do it. Its that if you are not being prevented from doing something, then you already have the right to do it by default. You don't need someone telling you that you are allowed to do it before you can. "Am I allowed to go over there? I dunno, I don't see a sign saying that I can." "As long as there isn't a sign saying that you can't go over there, then you can." Does that make sense? We don't have the right to arms because its written down in the constitution. We already had it, there was nothing preventing it. And even the wording of the 2nd amendment doesn't grant the right, it assumes the right and says not to infringe it.
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New Cat's Eye Inactive Member
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I see how you're looking at it CS, but the problem for me is that to my mind, it makes the term "right" a little trivial to look at it like that. I'm not seeing it. In order to exemplify it, all you do is go on to trivialize the right by making it about something mundane like driving on the road. However, if there was a cop on the street stopping you from using the road to go the store and get breakfast, or whatever, I think you'd quickly change your mind about how trivial that right of yours is (obviousloy depending on why you were being stopped).
So when ICANT says that the second amendment doesn't create a right to bear arms, then to my mind, he is either making a meaningless point (ie picking up a gun is an action which people are capable of in the absence of prevention), or I want to know why he considers bearing arms to be more than a trivial matter. I don't think bearing arms is a trivial matter at all. The right to self-defense is one of the most important rights you can have. Ya know, its even #2. That's pretty high on the list. And the 2nd simply does not create the right. Read it again. Quote it. Show me where the right is created.
(because rights are something which I think it is worthwhile distinguishing from the run of the mill actions in day to day life) How and why? I mean, if you were prevented from doing your day to day activities, wouldn't you be pissed off? Wouldn't you feel slighted?
a right to bear arms in the US is one which exists as a result of the second amendment. No, that's the exact opposite of the way it works. If the second amendment simply did not exist, then everyone would still be able to have arms until some law was passed that disallowed it. You get to have arms by default, that's why its a right. The second amendment prevents those laws that would disallow people from having arms. That's not creating the right, that preventing the existing right from being removed.
Whether that right is something to limit and debate is another question - and one on which I know we disagree I'll have you know, I do think it is something to limit and debate.
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New Cat's Eye Inactive Member
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Are you saying that it is some form of natural right ?
CS tried to make that argument but bailed when questioned on it.
What the fuck? That's a lie. Don't lie about me. Edited by Catholic Scientist, : No reason given.
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New Cat's Eye Inactive Member
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In other words, having a gun in the home makes you less safe, not more safe. But that doesn't mean anything at the individual level, so... so what?
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New Cat's Eye Inactive Member
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And the 2nd simply does not create the right. Read it again. Quote it. Show me where the right is created.
It is impossible to answer that from the wording of the amendment alone. What you are asking is an historical question. Yeah, that makes sense. But I still don't see any creation of the right.
For example, was there some right for 18 year olds to vote that we already had, but that was somehow not recognized until passage of the 26th amendment? I dunno. Isn't voting a legal right? Were 18 y/os being prevented from voting before the 26th? OTOH, were people being prevented from bearing arms before the 2nd?
I think it is clear, historically, that the 26th amendment created a right for people between 18 and 21 to vote. As you exemplified, you could say that 18 year olds did have the right already and that it was just being infringed, but I'm not sure that voting is a natural right to begin with. Considering that its part of a legal system, it seems like it would have to be a legal right.
Yet both the 2nd and the 26th amendment talk of a right that shall not be infringed. Was there any influence on the wording of the 26th by the 2nd? But you have a valid point that the wording alone doesn't determine whether the right was being created or not.
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New Cat's Eye Inactive Member
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Just because I don't reply to your inane posts doesn't mean I'm bailing on the argument. Also, I have a real life outside of EvC and cannot reply to everything. Stop posting dickish replies about the persons and start making actuall arguments about the topic. Or just don't post at all.
Edited by Catholic Scientist, : spelling
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New Cat's Eye Inactive Member
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Firearm laws are forbidden by the Constitution. Some laws have been put in place but everyone of them is unConstitutional, according to the way the second amendment was written. For any of the present laws to be Constitutional the second amendment would need to be replaced, by a Constitutional amendment. That's not true at all. No rights are absolute and unlimited. Laws the regulate guns are only unconstitutional when they infringe on your ability to have guns in general. Making Gun A illegal, while still allowing other guns, is not unconstitutional because you can still arm yourself with other guns, just not Gun A in particular.
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