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Author | Topic: Gun Control Again | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
NoNukes Inactive Member
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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. I just wanted to highlight a contrast between a real pro-gun argument and the evasive, name calling, non-arguments that have formed the bulk of the pro-gun posts we've seen here in the last few weeks.
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. I take it that you are proponent of natural rights. Not everyone agrees with such things. I find it difficult to believe that there is a natural right to unfettered gun possession. I can buy a natural right to self defense, to hunt and forage (with suitable arms), but where in the world would the right to posses 5 inch artillery come from?Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846) The apathy of the people is enough to make every statue leap from its pedestal and hasten the resurrection of the dead. William Lloyd Garrison. If there is no struggle, there is no progress. Those who profess to favor freedom, and deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. Frederick Douglass
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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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ICANT Member (Idle past 327 days) Posts: 6769 From: SSC Joined:
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Hi Dr,
Dr Adequate writes: Except that as I have pointed out, the "value" of an assault weapon is principally offensive. That's what makes it an assault weapon. What do you classify as an assault weapon? I have a 30.06 Remington semi-automatic hunting rifle, with no scope with a magazine that holds 10 bullets. Would that qualify as an assault weapon according to you? If there was a magazine that held 30 bullets, would that make my 30.06 an assault weapon? God Bless,"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."
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ICANT Member (Idle past 327 days) Posts: 6769 From: SSC Joined:
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Hi Dr,
Dr Adequate writes: And yet, y'know, if I and other typical lefties such as Ronald Reagan had had our way, Adam Lanza wouldn't have been able to get his hands on an assault weapon. What makes you think Adam Lanza would't have been able to get his hands on an assault weapon? There are multiple thousands of fully automatic weapons that are owned by people in the US. Yes I know that it is against the law to own such weapons since 1934. That does not keep criminals from obtaining them from police and military sources. Laws do not keep weapons out of the hands of criminals. So what makes you so sure Adam could not have obtained a fully automatic weapon if he really desired one if his mother had not had a semi-automatic weapon in the house?
Dr Adequate writes: Oh good. Then no-one would miss them. From now on, anyone wanting to exercise their Second Amendment rights can do so using a single-shot muzzle-loading pistol; since it's just as effective as anything else they could buy, this does not in effect curtail their right to bear arms. Do you think the criminals are going to be using a single-shot muzzle-loading pistol? If not, then you would be infringing my right to be able to defend myself and my family by limiting me to a single-shot muzzle-loading pistol. If there was one assailant I would have no problem unless he/she was jackedup on drugs in which place either could take 5 or more bullets and still be mobile. But what would happen if there was 2 or more assailants? Me thinks me would be in trouble because of your infringing my right to be able to protect myself and my family. God Bless,"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."
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ICANT Member (Idle past 327 days) Posts: 6769 From: SSC Joined:
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Hi Fin,
Fin writes: * 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. The second amendment does not create anything. The second amendment forbids the government from infringing upon the right of the people to keep and bear Arms. God Bless,"John 5:39 (KJS) Search the scriptures; for in them ye think ye have eternal life: and they are they which testify of me."
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SouthDakotaSkeptic Inactive Junior 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. Rights are socially constructed concepts granted by those in power, and not things that exist within objective reality. The Bill of Rights does create rights for American citizens.
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.
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vimesey Member (Idle past 372 days) Posts: 1398 From: Birmingham, England Joined:
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The second amendment does not create anything. The second amendment forbids the government from infringing upon the right of the people to keep and bear Arms. Oh right. So what is it that gives the people the right to keep and bear arms if not the second amendment ? Edited by vimesey, : Tidying upCould there be any greater conceit, than for someone to believe that the universe has to be simple enough for them to be able to understand it ?
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saab93f Member (Idle past 1694 days) Posts: 265 From: Finland Joined: |
I am not sure what the gun laws are like in Delaware but two women have lost their lives (the gunman is dead too) because of a firearmed assailant.
Page Unavailable - ABC News
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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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SouthDakotaSkeptic Inactive Junior Member
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How can guns be interpreted as a constitutional right when they are mentioned nowhere in the constitution? By your line of reasoning, each individual should be able to possess nuclear and biological weapons, as they are also types of "arms."
The fact is, the constitution gives the courts and legislators the right and obligation to limit activities that are detrimental to American society. 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. No one should have the right to freely possess and use instruments designed only for violence.
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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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SouthDakotaSkeptic Inactive Junior Member
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quote: I agree that people (and non-human animals) ought to be treated in a certain way, but I'm not so naive as to think such feelings come from anywhere other than my own subjectively, biologically, and culturally constructed, largely emotional and sentimental feelings of empathy and kindness. I like being kind, so I don't kill / rape / murder, and I do give to charity, love my family and friends, help other people and animals, and live as selflessly as possible. I have a conscience developed by my own brain, evolutionary history, and upbringing, so I wouldn't be able to live with myself if I committed a violent act against another living being.These things are not moral facts, but subjective feelings. They aren't "natural rights," only personal opinions. When enough people have such personal opinions, they become social norms, and when the state decides to enforce such norms, they become laws, which are the closest things we have to an "objective morality." Edited by Fin, : No reason given. Edited by Fin, : No reason given.
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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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vimesey Member (Idle past 372 days) Posts: 1398 From: Birmingham, England Joined:
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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 ?
Could there be any greater conceit, than for someone to believe that the universe has to be simple enough for them to be able to understand it ?
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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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