2nd Ammendment affirmed!
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- mf_dolphin
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Re: 2nd Ammendment affirmed!
While I understand Justice Stevens arguements I disagree with him categorically. Justice Breyer's dissenting opinion is downright scary in it's arguement. By extension of his arguement the government at any level could determine what was in the "best interest" of the public and impinge on the right to bear arms. That's exactly what the framers of our Constitution sought to prohibit in the Bill of Rights.
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Re: Re:
Ed Mahmoud wrote:The death penalty, by lethal injection, for a man who rapes an 8 year old so savagely she needed reconstructive surgery does not violate the 8th amendment, in my humble opinion, although the SCOTUS has previously set precedent for the death penalty being excluded in cases where the victim survived.
Of course, I am not a big fan of the traditional, but not legally established, principle of stare decisis.
I don't think it violates the 8th amendment, but I think that for cases of rape (whatever the age of the victim) the death penalty shouldn't be used except in cases where either the victim dies, or in cases of serial rape.
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- mf_dolphin
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I just watched the DC press conference and they're still talking about requiring a trigger lock. Maybe they need to read the second page of the opinion. I am in favor of reasonable gun control as in; guns must be registered, fingerprints and background checks required and even mandating a gun safety course. The whole idea of a gun ban just doesn't work anymore than prohibition didn't work either.
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- HarlequinBoy
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- Meso
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Gun control is a controversial topic as I agree one should have the right to own a gun.But I definitely think the control of which they are distributed needs a redoing.Too many people die by the hands of guns, especially children and wives during domestic squabbles.
I agree with mf_dolphin, there needs to be a lot more done in order to issue one.Background checks, safe regulations that will result in huge fines, mandatory training first etc.If there were easier ways of telling ones mental status it would be better, it's very easy to lie on a piece of paper about your mental health.
I agree with mf_dolphin, there needs to be a lot more done in order to issue one.Background checks, safe regulations that will result in huge fines, mandatory training first etc.If there were easier ways of telling ones mental status it would be better, it's very easy to lie on a piece of paper about your mental health.
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Re:
x-y-no wrote:Hmmm ... I'll have to read that to see how that could work ... seems to me "assembly" necessarily implies a collection of people. Not clear how an individual assembles.
JUSTICE STEVENS is of course correct, that the right to
assemble cannot be exercised alone, but it is still an individual right,
and not one conditioned upon membership in some defined “assembly,”
as he contends the right to bear arms is conditioned upon membership
in a defined militia. And JUSTICE STEVENS is dead wrong to think that
the right to petition is “primarily collective in nature.” Ibid. See
McDonald v. Smith, 472 U. S. 479, 482–484 (1985) (describing historical
origins of right to petition).
I like the the way Justice Scalia writes so that citizens with a basic education, not a law school education, can understand his opinions.
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- x-y-no
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Re: 2nd Ammendment affirmed!
Ed Mahmoud wrote:I'm giving the benefit of the doubt to the Army that more than a small fraction captured on the battlefield was probably involved in the fighting.
The problem with that is that only a small fraction of those being held were captured on any "battlefield" or even by the US Army. The majority were handed over by foreign forces in exchange for a bounty.
That's why a habeas review or a genuine substitute (with representation and opportunity to respond to evidence against them) is warranted. POWs, captured actually fighting US forces, have no such right.
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- x-y-no
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Re:
mf_dolphin wrote:I just watched the DC press conference and they're still talking about requiring a trigger lock. Maybe they need to read the second page of the opinion. I am in favor of reasonable gun control as in; guns must be registered, fingerprints and background checks required and even mandating a gun safety course. The whole idea of a gun ban just doesn't work anymore than prohibition didn't work either.
Well, I think a trigger lock could probably be required when the gun is stored (i.e. not directly under control) without unduly interfering with self-defense. To put it in terms of my own practice: when I leave my house, my guns are secured. When I'm home, the trigger lock comes off of of the S&W .40.
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Re: 2nd Ammendment affirmed!
Well, personally, I feel the pre 9/11 attitude of both the Bush and Clinton administrations to treat al Qaeda as a law enforcement issue was a mistake.
I suspect almost all suspects swept up by the equivalent of bounty hunters have probably been released by now by DoD.
Are there 'innocent' prisoners at Gitmo? Maybe a few left, if I had to guess.
Gitmo was going to be closed for prisoners anyway if you take either of the major candidates promises at face value.
I exchange e-mails like this with my brother. He thinks the Bader-Ginsburgs and Breyers on the court are the real constitutionalists, and the four I consider constitutional originalists are the four who would legislate from the bench.
He is a baby boomer, I was born just after, and I can't prove that is why, but I suspect not being a member of the "me" generation has affected my world view.
I suspect almost all suspects swept up by the equivalent of bounty hunters have probably been released by now by DoD.
Are there 'innocent' prisoners at Gitmo? Maybe a few left, if I had to guess.
Gitmo was going to be closed for prisoners anyway if you take either of the major candidates promises at face value.
I exchange e-mails like this with my brother. He thinks the Bader-Ginsburgs and Breyers on the court are the real constitutionalists, and the four I consider constitutional originalists are the four who would legislate from the bench.
He is a baby boomer, I was born just after, and I can't prove that is why, but I suspect not being a member of the "me" generation has affected my world view.
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Re: 2nd Ammendment affirmed!
The DC trigger locks were for when a gun is stored in the home. Having to unlock the gun, and load the weapon, as was required by the old DC law, infringed on the use of a weapon for home defense, per the courts decision.
Now, there have been cases in Houston where police officer's children have been hurt/killed playing with a weapon, any parent with younger children who leaves a loaded and unlocked weapon out is being negligent.
Now, there have been cases in Houston where police officer's children have been hurt/killed playing with a weapon, any parent with younger children who leaves a loaded and unlocked weapon out is being negligent.
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- x-y-no
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Re: 2nd Ammendment affirmed!
Ed Mahmoud wrote:The DC trigger locks were for when a gun is stored in the home. Having to unlock the gun, and load the weapon, as was required by the old DC law, infringed on the use of a weapon for home defense, per the courts decision.
Yes, and I absolutely agree that the DC law went too far in that it essentially made effective self-defense impossible. Requiring guns to be locked when outside of the owner's control is one thing, requiring them to be locked even when the owner is at hand is quite another (and unconstitutionally broad, IMHO.)
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- Stephanie
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Re:
mf_dolphin wrote:I just watched the DC press conference and they're still talking about requiring a trigger lock. Maybe they need to read the second page of the opinion. I am in favor of reasonable gun control as in; guns must be registered, fingerprints and background checks required and even mandating a gun safety course. The whole idea of a gun ban just doesn't work anymore than prohibition didn't work either.
Same here.
I do understand the ruling because it's pretty much based on how it is written in the Constitution. My main fear it that big cities like Philadelphia, that are trying to control escalating murder rates will now have a tougher time getting gun control laws like you outlined passed. This has emboldened the NRA and there's going to be some major smack down matches in the future when a city tries to institute some kind of gun control.
I didn't realize that DC's law was that restrictive. I have no problem with people owning guns. Should they be toting them around like they're at the OK Corral? I don't think so. Keeping them to protect themselves at home and/or to hunt is fine by me. I do believe that there needs to be a check of a person's history in order for them to buy a gun and people should be required to attend gun safety courses.
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- mf_dolphin
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Re: 2nd Ammendment affirmed!
The real problem in the high crime areas are unregistered/illegal guns. Laws aren't going to change that or prevent the high murder rates associated with gangs/urban violence. Let's be honest, it's easier for kids to have all the bling they want selling dope on the streets than it is to stay in school and work for a living. If that means killing someone to protect their turf they do so with barely a second thought.
I actually that most of the reasonable gun control laws will survive the rash of challenges in the coming months. I think the opinion stated fairly clearly that there were plenty of valid and enforcable restrictions available to law makers without violating the 2nd Ammendment.
I actually that most of the reasonable gun control laws will survive the rash of challenges in the coming months. I think the opinion stated fairly clearly that there were plenty of valid and enforcable restrictions available to law makers without violating the 2nd Ammendment.
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- HURAKAN
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Re: Re:
mf_dolphin wrote:I just watched the DC press conference and they're still talking about requiring a trigger lock. Maybe they need to read the second page of the opinion. I am in favor of reasonable gun control as in; guns must be registered, fingerprints and background checks required and even mandating a gun safety course. The whole idea of a gun ban just doesn't work anymore than prohibition didn't work either.
I agree. I would take a step further and require psychological exams to be conducted every year to make sure this person is mentally capable to have a gun. I don't have a gun, neither does anyone in my family, and I think the risk of an accident outweights the possibility of needing the gun to defend yourself. But that's just my opinion and I have never been robbed or being in a situation in which my life has been in danger and needed a gun to defend myself.
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- brunota2003
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Re:
brunota2003 wrote:Well, the Bill of Rights was created to protect and guarantee individual freedoms...not "state" freedoms, so therefore, anyone arguing that it means only the militias can have access to guns is already proven wrong.
Amendment X - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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- brunota2003
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Indeed, and it is clearly documented that the Bill of Rights was added to preserve the freedoms of the people, otherwise the States would not sign it.
From the archives of our own Government:
Source: http://www.archives.gov/exhibits/charte ... ights.html
So therefore, the 2nd Amendment is not a "collective" amendment, or a State determined one, but rather an "individual" one.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
From the archives of our own Government:
During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.
On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.
Source: http://www.archives.gov/exhibits/charte ... ights.html
So therefore, the 2nd Amendment is not a "collective" amendment, or a State determined one, but rather an "individual" one.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
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brunota2003 wrote:What is the definition of "mentally capable"? Would our troops coming home from overseas pass, with all the PTSD stuff? Prolly not...
PTSD is a real phenomena, but greatly hyped. Every war has had some who came back with it, but the vast majority of returning vets are fully functioning members of society. If PTSD were as bad/common as portrayed, the 1940s and 1950s, after World War 2, where a majority of men of a certain age served, would have been a bloodbath in this country.
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There is some evidence in states like Texas with concealed carry laws that crime rates actually drop, as criminals don't know which citizens may be legally carrying a concealed fire arm.
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- azsnowman
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Re: 2nd Ammendment affirmed!
mf_dolphin wrote:The Supreme Counrt afirmed the right of each and every American to keep and bear arms. While I don't currently own any firearms I agree wholeheartedly with their decision to strike down the ban that Washing DC had imposed.
"AMEN!" I have been a avid hunter since the tender age of 10 years old, bought my first gun (shotgun) when I was 16 yrs. old. I now have a pretty decent amount of long guns/handguns.
I strongly believe in gun ownership, it's a deturant (sp) against all the crazy's out there!
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- mf_dolphin
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Re: 2nd Ammendment affirmed!
I should correct my post.
I still have the Remington Nylon 66 .22 cal rifle that dad taught me to shoot with 40+ years ago. I still miss my Rugar .44 cal Super-Blackhawk, Rugar Security Six .357 and most of all my Remington Model 870 Wingmaster 12 ga. All sweet weapons in their own right.
I gave up up when the kids were small to ease the wife's fears but someday.....


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