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2nd Amendment Discussion


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2018 Feb 17, 11:51am   257,420 views  1,312 comments

by CajunSteve   ➕follow (1)   💰tip   ignore  

With all the talk about the school shootings, let's take a look at what the 2nd Amendment actually says:

"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."

Couple things to note in there:

1. The specific mention of a militia being the reason for the need to bear arms.
2. The 2nd Amendment never mentions the word gun at all.

So, what exactly is the definition of "arms"?

In 1755 Dr. Johnson’s Dictionary of the English Language was first published. It defined “arms” as “weapons of offence, or armour of defence.”

Weapons of offence would seem to include pretty much anything and everything, from knives to nuclear weapons. The US has already seen fit to ban some weapons of offence so the 2nd Amendment clearly has not been interpreted strictly as meaning that the US cannot ban all "arms". Therefore, the 2nd Amendment does not guarantee citizens the right to own whatever weapons they choose.

So it then becomes a question of which weapons should be banned, which should be strictly regulated, and which should be lightly regulated or not at all. Like anything else, we should weigh an individual's right with society's right. When looked at in that manner, it becomes very difficult to justify why fully automatic or semi automatic rifles should be allowed. What purpose do they serve an individual? And why would that purpose outweigh the extreme damage those weapons have cased society??

Patrick thinks the Chamber of Commerce is the worst organization, and he may be correct, but the NRA is not far behind.



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161   ForcedTQ   2018 Feb 21, 5:13pm  

The constitutional amendment doesn't reference a definition of militia, nor does it direct the federal representatives to control who is "in" the militia. Ref: Madison in Federalist 46, the people have the authority to band together for purposes of repelling tyranny. That's what the "A well regulated militia" part is all about, not a force of individuals directed by a government body. It doesn't matter that the people that are completely clueless about the constitution and are acting on emotions and mis-placed ideologies keep ramming the Ban Guns drivvel down our throats, it still doesn't change the bill of rights (Or limitations on Government as it should be properly viewed.) Nor do "Court opinions" get to change the constitution, they only get to strike down laws that do not follow the very basic laws of our land.
162   Booger   2018 Feb 21, 6:02pm  

How do the gun stats look if you exclude crimes committed by non-legal gun owners?
164   MrMagic   2018 Feb 21, 7:56pm  

anon_8f378 says


I'm sorry--by what definition?


I don't believe that will be found on CNN. Try a different source.

anon_8f378 says
Trumps needs to enact common sense gun control.


We're still waiting for your list of new "common sense gun laws". When will we see that list?
165   MrMagic   2018 Feb 21, 7:57pm  

Malcolm says
I'm 46, am I not allowed in?


Get Obama to forge your birth certificate too, and you'll be good to go!
166   anonymous   2018 Feb 21, 7:57pm  

anon_8f378 says
anon_cf6c6 says
By definition, all American citizens, if not employed by the government, are part of the current militia.


I'm sorry--by what definition? What's the name of the militia? Who is in charge of it? When do they meet?


How's this?

Malcolm says
Unorganized militia – composing the Reserve Militia: every able-bodied man of at least 17 and under 45 years of age, not a member of the National Guard or Naval Militia


Did that help?
167   FortWayne   2018 Feb 21, 8:06pm  

Right to bear arms shall not be infringed!
168   anonymous   2018 Feb 21, 8:22pm  

NuttBoxer says

I like to go with the 10th amendment on that one.


That doesn't really apply here--the 10th Amendment doesn't help derive the intent of the Founding Fathers when writing the other Amendments


NuttBoxer says
Not everyone who fought in The Revolution was in a militia. See my reference to no standing army. And again, "Farmer Brown", had a rifle that rivaled, and more often surpassed, the ones used by the military of England. Compare that to what a citizen can own today.


Of course--we weren't even a nation yet and didn't have a Constitution. So, it's not really relevant to interpreting the 2nd Amendment.
169   anonymous   2018 Feb 21, 8:22pm  

ForcedTQ says
Talk to a constitutional lawyer about what the meaning is if you want to be enlightened.


I'd suggest you do the same. Few agree with you.
170   ForcedTQ   2018 Feb 21, 8:33pm  

anon_3b28c says
ForcedTQ says
Talk to a constitutional lawyer about what the meaning is if you want to be enlightened.


I'd suggest you do the same. Few agree with you.


I have. Few, what, agree with me about what? Do you mean to imply that most disagree with me? Based on what? That just means that more actual constitutional education of society needs to occur so that this brainwashing bullshit the statist establishment assholes have implemented can be shit-canned once and for all.
171   MisdemeanorRebel   2018 Feb 21, 8:46pm  

I'll take Gun Banners more seriously when they recognize that the amount of real "Gun Homicides" in the US are concentrated overwhelmingly within a minority group located in a handful of areas and approach the problem from "How can we maximize results with minimal impact on rights." instead of "Whelp, ban all guns."

If you really want to reduce Gun Violence, forget about Rifles of any kind, worry about Handguns.

Handguns, Inner City, Blacks. Those are the keys to the problem.

If we took out Blacks from the equation, our murder rate would be the same as Glasgow or Milan, even though we're armed to teeth and Euros are almost entirely disarmed.
172   MisdemeanorRebel   2018 Feb 21, 9:11pm  

Between the 1920s and mid 1980s, school shootings were rare as hell. Even though you could order a Thompson Submachine Gun or M14 Carbine by mail order, no background check, no ID.

What changed?

In the 70s and 80s, Big Pharma and Bleeding Hearts worked together* to shut down Mental Health Facilities. Now there's almost no space available in what few Hospitals there are, and it's almost impossible for non-family members to forcibly incarcerate a violence-prone individual. So authorities just throw up their hands, because it's almost impossible to get an order, and then no space to get the dangerous individuals in there. Huge facilities for mental health incarceration, with more beds then than we have today with a much larger population, are literally turning into ruin, like King's Park Asylum, a massive 100 building facility that even had a rail spur back in the day, now totally abandoned.

So basically, our school shootings have a lot to do with an undue fear placing people under a fictional character, Nurse Ratched, and the lack of space to commit even when the very difficult orders are finally realized.

* Just like Big Business and Bleeding Hearts work together today to increase immigration and fight border security.
173   MisdemeanorRebel   2018 Feb 21, 9:29pm  

Lanterman-Petris-Short (LPS) Act in California (always leading the way) began the transfer of mental patients from large, well staffed facilities, to private little homes, usually in shitty neighborhoods, and often slumlord-driven enterprises. It also made it almost impossible to forcibly hospitalize a person without a long, drawn out process. State officials were instructed to let people out as soon as possible. Staffing was less professional (PhDs and MDs would only visit occasionally, the everyday work being done by less trained personnel; in a big facility staff had daily guidance from highly educated experts onsite).

They would dope 'em up for a few days, pronounce the mental crisis over, release them to the street.

Guess what happened with Cruz? Finally taken up, doped up for a short period, then turned loose.

That's why California, and other places, were bombarded with crazy people, getting truly underway in the 70s.
174   CBOEtrader   2018 Feb 21, 9:52pm  

CajunSteve says
Like anything else, we should weigh an individual's right with society's right.


Hitler and Stalin would agree w you. The individual is on my there to serve the collective, amirite?
175   anonymous   2018 Feb 21, 10:05pm  

CajunSteve says
Weapons of offence would seem to include pretty much anything and everything, from knives to nuclear weapons. The US has already seen fit to ban some weapons of offence so the 2nd Amendment clearly has not been interpreted strictly as meaning that the US cannot ban all "arms". Therefore, the 2nd Amendment does not guarantee citizens the right to own whatever weapons they choose.


CajunSteve says
So, what exactly is the definition of "arms"?


It definitely wasn't just single shot muskets, as there were other firearms available at that time that fired multiple rounds quickly.

24 barrel Pepperbox, circa 1790



11 shot Puckle gun, circa 1718

http://i1.wp.com/www.weapon-blog.com/wp-content/uplods/2014/01/1526380_749427561752396_2034081949_n.jpg?w=766

Any questions?
176   Goran_K   2018 Feb 22, 12:10am  

anon_cf6c6 says
So, what exactly is the definition of "arms"?


Dude, this was already decided at the Supreme Court over 10 years ago, and the SCOTUS rarely sees 2A cases. This "may" change in your lifetime, but it's unlikely. The SCOTUS decided that AR15's were arms and that's why gun ban happy states have not been able to outright ban AR15's, only "feature bans" like pistol grips, mag releases, etc.

Anytime some Psycho kills, the same "arm chair" lawyers try to relive Heller vs DC, and the same guys reach the opposite decision of the court, every time. Probably because they aren't thinking about the constitution but are thinking with their emotions.

Do some reading, research Heller vs DC and read the courts findings. You'll find your answer. It's also a good read.
177   CajunSteve   2018 Feb 22, 7:04am  

Goran_K says
Dude, this was already decided at the Supreme Court over 10 years ago, and the SCOTUS rarely sees 2A cases. This "may" change in your lifetime, but it's unlikely. The SCOTUS decided that AR15's were arms and that's why gun ban happy states have not been able to outright ban AR15's, only "feature bans" like pistol grips, mag releases, etc.


It was decided a lot more than 10 years ago, but I believe you're missing the point. I think everyone agrees that 2nd Amendment doesn't allow anyone to own any manner of arms that they would like (nuclear, rail gun, etc.) so the only question then is where to draw the line.


Goran_K says
Do some reading, research Heller vs DC and read the courts findings. You'll find your answer. It's also a good read.


I've read quite a bit actually, and posted a good history of Supreme Court decisions earlier in the thread. Not surprisingly, Supreme Court decisions vary quite a bit depending on the politics of the era and the makeup of the bench.
178   CajunSteve   2018 Feb 22, 7:04am  

CBOEtrader says
Hitler and Stalin would agree w you. The individual is on my there to serve the collective, amirite?


No, not correct. An individual's rights extend only as far as not to intrude on their neighbor's rights. Again--this is basic law. Think yelling Fire in a crowded theather.
179   FortWayne   2018 Feb 22, 7:37am  

CajunSteve says
CBOEtrader says
Hitler and Stalin would agree w you. The individual is on my there to serve the collective, amirite?


No, not correct. An individual's rights extend only as far as not to intrude on their neighbor's rights. Again--this is basic law. Think yelling Fire in a crowded theather.


That's not the same thing Steve. What your neighbor thinks is his rights often conflicts with your rights. Which is where freedoms come in. Some people think someone else having 2nd amendment rights intrudes on their safety... well guess what, it's my right to own guns.
180   Goran_K   2018 Feb 22, 7:59am  

CajunSteve says
I've read quite a bit actually, and posted a good history of Supreme Court decisions earlier in the thread.


Then you should read some more. Scalia and Thomas both answered the question you're asking quite clearly in Heller vs DC:

CajunSteve says
Weapons of offence would seem to include pretty much anything and everything, from knives to nuclear weapons.


So like I said, do some reading and you'll find the answers to your question.
181   anonymous   2018 Feb 22, 8:13am  

FortWayne says
That's not the same thing Steve. What your neighbor thinks is his rights often conflicts with your rights. Which is where freedoms come in. Some people think someone else having 2nd amendment rights intrudes on their safety... well guess what, it's my right to own guns.


It's the same principle, it's just that different people have a different idea of what is an individual right and what intrudes upon one's neighbor. And that's fair. I think it's eminently reasonable to ask whether a person has the right to own a weapon designed exclusively for the ability to kill as many humans as possible in the quickest manner possible.

That's the overriding point here--the 2nd Amendment doesn't guarantee one the right to own any weapon or "arm". It doesn't guarantee the right to own any gun.
182   anonymous   2018 Feb 22, 8:13am  

Goran_K says
anon_cf6c6 says
So, what exactly is the definition of "arms"?


Dude, this was already decided at the Supreme Court over 10 years ago, and the SCOTUS rarely sees 2A cases. This "may" change in your lifetime, but it's unlikely. The SCOTUS decided that AR15's were arms and that's why gun ban happy states have not been able to outright ban AR15's, only "feature bans" like pistol grips, mag releases, etc.

Anytime some Psycho kills, the same "arm chair" lawyers try to relive Heller vs DC, and the same guys reach the opposite decision of the court, every time. Probably because they aren't thinking about the constitution but are thinking with their emotions.

Do some reading, research Heller vs DC and read the courts findings. You'll find your answer. It's also a good read


It's extremely inaccurate to say that Heller (a case about trigger locks in DC) made any finding as to AR15s whatsoever. A maxim of the court is that they only answer the question asked and nowhere in the facts or opinion is a reference to a AR15.

In fact, if you read the Scalia concurrence you will see he (a textualist) likely would come down against things other then ordinary "handguns & long guns of the time". Alas, he is dead now and his findings are only dicta and not the holding.
183   Goran_K   2018 Feb 22, 8:17am  

anon_8ca4d says
It's extremely inaccurate to say that Heller (a case about trigger locks in DC) made any finding as to AR15s whatsoever. A maxim of the court is that they only answer the question asked and nowhere in the facts or opinion is a reference to a AR15.

In fact, if you read the Scalia concurrence you will see he (a textualist) likely would come down against things other then ordinary "handguns & long guns of the time". Alas, he is dead now and his findings are only dicta and not the holding.


It's inaccurate because you don't understand the actual courts opinion or the case itself? It was NOT just about "trigger locks". You simply need to read more.

I didn't say it made any findings to AR15s, it made an opinion on commonly used arms. The AR15 is the MOST popular long gun in the United States. So yes, his opinion and the judgement in Heller vs DC has been used to rebuff any attempts to ban the AR15. That's why California gun grabbers are only attempting feature bans, a direct "AR15" ban would never stand constitutional scrutiny. Seriously, you don't think gun grabbers have been trying to find ways to ban the AR15 over the past DECADE? This is one of the biggest reasons the 2016 election was so important, the SCOTUS was up for grabs and the integrity of 2A. Once Ginsberg dies (and she will die before 2024), and Kennedy retires, Trump is going to stack the court even more heavily in favor of constitutionalist and reduce the power of leftist/socialist.

I didn't even care about Trump winning, I did care very much that Gorsuch got into the SCOTUS because of people who start threads like this.

As for Scalia being dead, and his findings "not holding", that's ridiculous and not worth the response I just typed to reference it.
184   anonymous   2018 Feb 22, 8:53am  

Goran - for clarification I was wrong when I said Scalia's concurrence. I meant Scalia's dicta or obiter dicta if you prefer. Cheers.
185   anonymous   2018 Feb 22, 8:54am  

Goran - you said:

"The SCOTUS decided AR15s were arms and that's why the gun ban happy states..."

It's only this part of post 188 that I objected to. If I wasn't clear on that, I apologize.

That said, please don't question what I know or don't know about this case or the 2nd. My former law partner who clerked for Justice Thomas was influential in shaping the procedural posture in the Heller post mortem. Plus I had the distinct pleasure of speaking to Scalia's son about his concurrence (again not the holding) when I finally bit the bullet and got my license to practice in the Supreme Court last fall.
187   zzyzzx   2018 Feb 22, 10:52am  

100% of criminals approve of gun bans!
188   NuttBoxer   2018 Feb 22, 11:00am  

anon_3b28c says
That doesn't really apply here--the 10th Amendment doesn't help derive the intent of the Founding Fathers when writing the other Amendments


That's because you don't know what the purpose of the 10th amendment is. The purpose is to keep the feds from regulating anything beyond what's listed for them in the Constitution.

anon_3b28c says
Of course--we weren't even a nation yet and didn't have a Constitution. So, it's not really relevant to interpreting the 2nd Amendment.


The Constitution was written and signed way before the end of the war. Everyone who signed it was providing proof of treason, basically putting the noose around their neck. But forget that, what the fuck changed after the 2nd Amendment was written? You think they went around and confiscated everyone's rifles!?

I guess some people will say anything to try and sound right...
189   NuttBoxer   2018 Feb 22, 11:08am  

anon_3b28c says
NuttBoxer says

I like to go with the 10th amendment on that one.


That doesn't really apply here--the 10th Amendment doesn't help derive the intent of the Founding Fathers when writing the other Amendments


NuttBoxer says
Not everyone who fought in The Revolution was in a militia. See my reference to no standing army. And again, "Farmer Brown", had a rifle that rivaled, and more often surpassed, the ones used by the military of England. Compare that to what a citizen can own today.


Of course--we weren't even a nation yet and didn't have a Constitution. So, it's not really relevant to interpreting the 2nd Amendment.


Separate comment since I know it will get reported. People who write specious drivel like this should be outed so everyone will know who they are, and avoid infecting themselves with any of their future postings. I don't know who failed to teach you critical thinking, but someone needs to slap your parents, and every teacher you ever had for starters.

I understand the need for civility, but not for the sake of allowing morons to fill up this site with their idiocy. Ridicule has a place in a forum. It keeps stupid/lazy people from wasting everyone's time with their stupid/lazy questions/comments.
190   Goran_K   2018 Feb 22, 11:31am  

HappyGilmore says

Yep, I agree. Unfortunately the NRA won't allow ANY laws to be passed that might affect the ability of someone to get a assault rifle--no matter if they are mentally ill, teenaged, whatever. I'm all for a rational discussion of facts, but that's very hard to find because one side desperately wants to avoid it.


The NRA is a private advocacy group that takes zero state or federal dollars and has over 5 million citizens as members. They do not allow or disallow law, they vote with their dollars and at the booth.
191   Goran_K   2018 Feb 22, 11:33am  

Here's the thing, the reason why the AR15 is not banned is because people do not want to ban it. Plain and simple. It's the most popular rifle in the country and 99.9% of people who own them do not commit murders.



More people die to knife attacks than to ANY long gun attacks. CNN/MSNBC/Pelosi/Schumer/Soros are using this tragic event to push a politically agenda most people do not want.

I would be more afraid of why people like Soros, leftist billionaire who worked with the Nazis (for survival according to him), and have pushed strong statist policies throughout his life. IMO, the guy is dangerous and should be investigated.
192   MisdemeanorRebel   2018 Feb 22, 11:56am  

Didn't we already have an Assault Weapons ban, and Columbine happened?

Soros is a complete nasty piece of work. He gave a speech, contents unknown, about his collaboration with Nazis at a Jewish Thing and Elie Weisel was shocked. He's never shown the least remorse about his role as a murderous Turncoat.

The Netanyahu Government agrees with Orban about Soros being a threat:
https://www.reuters.com/article/us-israel-hungary-soros/israel-backs-hungary-says-financier-soros-is-a-threat-idUSKBN19V1J4
193   anonymous   2018 Feb 22, 11:58am  

THERE WAS NO ARMED SECURITY IN PLACE TO PROTECT THE CHILDREN.

Think of this:

There is armed security at NBA games.

There is armed security at NFL games.

There is armed security at MLB games

There is armed security at Jewelry stores.

There is armed security at Banks.

There is armed security at Airports.

There is armed security at major concerts and arenas.

There is armed security protecting Hollywood stars.

There is armed security protecting Politicians.

There is armed security at NASCAR tracks.

There is armed security at major Train stations.

BUT, There is NO armed security at Schools. The Liberals want schools to be Soft Targets, without any protection.

Can any Democrat of gun hater here explain why the lives of all those people I just listed are MORE important than the lives of CHILDREN?

Anyone?
194   anonymous   2018 Feb 22, 11:58am  

NuttBoxer says


That's because you don't know what the purpose of the 10th amendment is. The purpose is to keep the feds from regulating anything beyond what's listed for them in the Constitution.


Just because one disagrees with you, does not mean they don't understand.


NuttBoxer says
Separate comment since I know it will get reported. People who write specious drivel like this should be outed so everyone will know who they are, and avoid infecting themselves with any of their future postings. I don't know who failed to teach you critical thinking, but someone needs to slap your parents, and every teacher you ever had for starters.

I understand the need for civility, but not for the sake of allowing morons to fill up this site with their idiocy. Ridicule has a place in a forum. It keeps stupid/lazy people from wasting everyone's time with their stupid/lazy questions/comments.


That's funny. I would advise looking in a mirror. You have yet to make any sort of coherent argument. Next time try to present your opinion, the reasoning behind it, and maybe even sprinkle in a few links to source material to back it up.

Then we can talk about who is posting drivel.
195   anonymous   2018 Feb 22, 11:59am  

Goran_K says
The NRA is a private advocacy group that takes zero state or federal dollars and has over 5 million citizens as members. They do not allow or disallow law, they vote with their dollars and at the booth.


That's correct. And their dollars have bought them a good chunk of the Congressmen and women. That's not how democracy should work.
196   anonymous   2018 Feb 22, 11:59am  

Goran_K says
Here's the thing, the reason why the AR15 is not banned is because people do not want to ban it. Plain and simple. It's the most popular rifle in the country and 99.9% of people who own them do not commit murders.


Pretty sure that poll is not representative of the general public's feelings on the matter.
197   Goran_K   2018 Feb 22, 12:02pm  

TwoScoopsPlissken says
Didn't we already have an Assault Weapons ban, and Columbine happened?

Soros is a complete nasty piece of work. He gave a speech, contents unknown, about his collaboration with Nazis at a Jewish Thing and Elie Weisel was shocked. He's never shown the least remorse about his role as a murderous Turncoat.

The Netanyahu Government agrees with Orban about Soros being a threat:
https://www.reuters.com/article/us-israel-hungary-soros/israel-backs-hungary-says-financier-soros-is-a-threat-idUSKBN19V1J4


Soros has stockholm syndrome bad. I have no doubt he has nazi-like policy and law changes in mind for America. The sooner he dies the better.
198   Goran_K   2018 Feb 22, 12:04pm  

anon_8f378 says
That's correct. And their dollars have bought them a good chunk of the Congressmen and women. That's not how democracy should work.


Um, that's exactly how Democracy works. Private citizens pooling their money and resources fighting for their rights against coastal leftist billionaires pushing an agenda? Thats the epitome of Democracy.
199   Goran_K   2018 Feb 22, 12:05pm  

anon_8f378 says
Pretty sure that poll is not representative of the general public's feelings on the matter.


Why are you pretty sure? The poll has over 300,000 respondents, and was placed on a leftist leaning website where you would expect the opposite result.
200   MisdemeanorRebel   2018 Feb 22, 12:07pm  

Goran_K says
Soros has stockholm syndrome bad. I have no doubt he has nazi-like policy and law changes in mind for America. The sooner he dies the better.



By the way, Snopes.com has Soros being a Nazi collaborator as false, even though he was the assistant of the guy who was inventorying Estates of Fled or Captured Jews during WW2.

Snopes is almost as much of a joke as Polifact.

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