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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsToo much Freedom? The reason why the US has more mass shootings than any other country.
Last edited Thu Jun 18, 2015, 04:49 PM - Edit history (1)
You can thank the 2nd Amendment which allows every citizen, regardless of mental status, education, or ability to own and carry a personal firearm. The ONLY exception is that "convicted felonies and certain misdemeanors are prohibited from possessing or using a firearm", but even that exception offers little protection. The only way to prevent these mass shootings from continuing is to repeal the 2nd Amendment. President Obama said that the US must reckon the current policies that allow these mass shootings, and I believe we are getting closer to doing just that.
You may not like this opinion but it is a FACT.
Jefferson23
(30,099 posts)racism pervasive in our society..we see who are most often the victims. Way past time
for Americans of all stripes to demand much more...together we can do this.
NaturalHigh
(12,778 posts)despite your eloquent "too much freedom" post.
Do you even know what is involved in repealing a constitutional amendment?
npk
(3,660 posts)It's the only way to stop mass shootings. Even meaningful gun regulation doesn't work unless you get rid of the guns.
NaturalHigh
(12,778 posts)Get back to me in fifty years. If the 2nd Amendment has been repealed by then, I owe you a coke.
npk
(3,660 posts)A culture here in America has been dominated by believing that guns protect us, keep us safe. This is a popular opinion amongst older people in this country who grew up with this culture. Statistics already show that most young people don't want to own guns and don't believe in the redneck gun culture that has spread over the last 50 years. Change is coming. We have amended the constitution many times and what is needed is for a majority of people in this country to see the real problem and act on it. We have accomplished many things in this country that previously people thought were impossible. This country is becoming more liberal more progressive every day, and conservatives will eventually lose there last toy of oppression. It is coming.
KitSileya
(4,035 posts)(If indeed one can say it is one today.) The Constitution will be meaningless because the fascists and teabaggers will have turned it into the Republic of Gilead. So heads I win, tails you lose.
NaturalHigh
(12,778 posts)So you want the Constitution to fail?
Unbelievable...
KitSileya
(4,035 posts)No matter what. Either the 2nd Amendment is changed, or the Constitution will no longer matter, but in both cases the 2nd Amendment will cease to exist.
Do you honestly think that if the US completes it slide into total rule by the 1%-ers with the teapartiers, fundies, and Stormfronters as their capos that ordinary people will be allowed to keep their guns unless they agree to help keep their neighbors docile and enslaved? Either change the Amendment, or make it irrelevant, those are your two options, only in the first case the US then has a chance to become a civilized country, and in the second, a nigh guaranteed future as a dystopia. I know which one I would choose.
Romeo.lima333
(1,127 posts)gunnies any gun "rights"
Eleanors38
(18,318 posts)Romeo.lima333
(1,127 posts)Lizzie Poppet
(10,164 posts)In fact, the SCOTUS has the only say that matters on what the Constitution says.
In this particular case, their decision on the individual nature of the RKBA is bolstered by rather elementary linguistics, but that's irrelevant. The SCOTUS is the final arbiter of what the Constitution dictates.
Romeo.lima333
(1,127 posts)the 2nd amendment was phased out with the militia it is only scotus that grants gunnies any gun "rights"
what "rights" there are are a gift of scotus but even scotus said that they could be regulated
we change scotus the gun "rights" could be changed
ProdigalJunkMail
(12,017 posts)are not GRANTED by gov't... they are simply to be protected FROM gov't. you totally miss the point of the document until you understand that point.
sP
Romeo.lima333
(1,127 posts)and bear, no militia no 'right".
i understand the document you might want to take your own advice. this scotus gave you the "right" the next scotus can do what the constitution says - no militia no 2a "rights"
ProdigalJunkMail
(12,017 posts)so... guess what...
sP
Lizzie Poppet
(10,164 posts)Their interpretation was that regardless of the militia clause, the "right to keep and bear arms" is ascribed to "the people" in the language of the amendment. Moreover, the language of the amendment grants nothing. The language is such that it places the RKBA as antecedent. That is, it recognizes the right as something that already exists, not something that the amendment creates.
Whether or not any of that is a good thing is obviously subject to debate. But to remove the RKBA from "the people" would require amending the Constitution. And quite probably a great deal of firepower...which is why it's enormously unlikely ever to be attempted.
Romeo.lima333
(1,127 posts)this is not a debate this is what it says - and scotus(5 of them anyway), being a bought and paid for entity, will do as they are told.
hopefully the next scotus will rule according to the constitution. after that you may be allowed to buy them but it will not (as it is not )be considered a 'right"
Lizzie Poppet
(10,164 posts)I don't consider the language of the amendment to be such that it requires militia membership in order to possess the right to keep and bear arms. The proposition would have to be structured differently for that to be the case. As it stands, it cites the necessity of a militia as a reason to recognize a pre-existing right. Again, that might or might not be a desirable situation, but it's how the amendment is written.
ProdigalJunkMail
(12,017 posts)but this one already has it in their mind what they BELIEVE it says. i am afraid it is effort lost. but thank you, anyway.
sP
Lizzie Poppet
(10,164 posts)I doubt we're going to come to any agreement on these points, but it's been a civil discussion...and given how the forum gets on any gun-related issue, I very much appreciate that.
ProdigalJunkMail
(12,017 posts)other than the assumption that we're stupid (collective 'we're' of people who read and interpret the meaning as you suggest). as fas as RKBA discussions go, yes, it is incredibly tame!
ok, big thunder rolling in... time to shut down and unplug for a while...
sP
HassleCat
(6,409 posts)We may have to face the fact that the 2nd Amendment is not unlimited. If you read the text carefully, it seems the only people who should be guaranteed the right to keep and bear arms are members of the well regulated militia. Of course, some people argue everybody is automatically part of the militia, but that's ridiculous. The "militia" should be a group of citizens who organize themselves to guard the country against invasion by the Canadians. They would all have the same kinds of weapons, uniforms, etc. and they would all be tied together on a national level. And they would be subject to disciplinary action or expulsion for pulling stupid stunts like walking into a restaurant with loaded assault rifles. The 2nd Amendment does not need to be repealed, something that would be impossible anyway, but it does need to be interpreted more closely to its original intent. It was not written to allow a bunch of disgruntled malcontents to arm themselves like a small nation and scare the crap out of their fellow citizens with odd behavior. Odd behavior while armed, I should say.
hack89
(39,171 posts)yours is fringe interpretation.
HassleCat
(6,409 posts)I'm not arguing we should limit gun ownership to those who are "approved" militia members. I'm just pointing out the reference to "militia" does not give blanket approval for gun ownership by everybody who sees too many Dirty Harry movies. I guess I should have explained that. Sorry.
aikoaiko
(34,186 posts)https://www.atf.gov/content/firearms/firearms-industry/firearms-how-identify-prohibited-persons
These categories include any person:
Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
convicted of a crime punishable by imprisonment for a term exceeding one year;
who is a fugitive from justice;
who is an unlawful user of or addicted to any controlled substance;
who has been adjudicated as a mental defective or has been committed to any mental institution;
who is an illegal alien;
who has been discharged from the military under dishonorable conditions;
who has renounced his or her United States citizenship;
who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).
The Arms Export Control Act (AECA) prohibits the issuance of licenses to persons who have been convicted of:
Section 38 of the AECA, 22 USC 2778;
Section 11 of the Export Administration Act of 1979, 60 USC App. 2410;
Sections 7903, 794, or 798 of Title 18, USC, relating to espionage involving defense or classified information;
Section 16 of the Trading with the Enemy Act, 50 USC App. 16;
Section 30A of the Securities Exchange Act of 1934, 15 USC 78dd-1, or section 104 of the Foreign Corrupt Practices Act, 15 USC 78dd-2;
Chapter 105 of Title 18, USC, relating to sabotage;
Section 4(b) of the Internal Security Act of 1950, 50 USC 783(b), relating to communication of classified information;
Sections 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic Energy Act of 1954, 42 USC 2077 2122, 2131, 2234, 2272, 2275, and 2276;
Section 601 of the National Security Act of 1947, 50 USC 421, relating to the protection of the identity of undercover intelligence officers, agents, and other sources;
Section 371 of Title 17, USC, when it involves conspiracy to violate any of the above statutes; and
International Emergency Economic Powers Act, 50 USC 1702 and 1705.
beevul
(12,194 posts)Um...No. It is not:
The Gun Control Act (GCA) makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms. 18 USC 922(g). Transfers of firearms to any such prohibited persons are also unlawful. 18 USC 922(d).
These categories include any person:
Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
convicted of a crime punishable by imprisonment for a term exceeding one year;
who is a fugitive from justice;
who is an unlawful user of or addicted to any controlled substance;
who has been adjudicated as a mental defective or has been committed to any mental institution;
who is an illegal alien;
who has been discharged from the military under dishonorable conditions;
who has renounced his or her United States citizenship;
who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).
https://www.atf.gov/content/firearms/firearms-industry/firearms-how-identify-prohibited-persons
Eleanors38
(18,318 posts)npk
(3,660 posts)And this is only temporary and the person can have their right reinstated very easily simply by appealing the ruling. Only a tiny portion of the population every get adjudicated mentally incompetent by a judge. There are no mental, psychological exams require to posses a firearm.
Eleanors38
(18,318 posts)Eleanors38
(18,318 posts)must be determined trough due process in open court.
Lizzie Poppet
(10,164 posts)18 U.S. Code § 922 (d) (3):
"...is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));"
Eleanors38
(18,318 posts)LanternWaste
(37,748 posts)So is "nine dead in church shooting." Additionally, "20 dead grade school children" is an unfortunate title too. Seems to be quite a lot of misfortune... words and titles used being the least of it.
dumbcat
(2,120 posts)thus your opinion is CRAP.
DanTex
(20,709 posts)The idea that the second amendment prevents gun control is a very recent right-wing invention. It never had anything to do with civilian gun ownership until a recent 5-4 supreme court decision with only right-wingers in favor.
There's no need to repeal the amendment. All that needs to happen is to get a non-right-wing majority on the court, so we can overturn Heller, along with Citizens United and a host of other harmful decisions that the Scalia-Thomas court has brought us.
hack89
(39,171 posts)AWB, registration, licenses for concealed carry - all perfectly constitutional. The only explicit right you have is to own a handgun in your home for self defense. That is what Heller was all about - the right to have a handgun in your home.
There are no real legal impediments to stricter gun control - your problem is lack of broad and passionate public support. Not enough people want what you want.
DanTex
(20,709 posts)We basically have a choice, easy access to handguns, or saving tens of thousands of lives. And basically, the people who value guns more than human life are more dedicated than the rest of us.
hack89
(39,171 posts)You and I agree on nearly everything regarding gun control - the only two things I reject out of hand are registration and an AWB. But you would rather insult me instead of finding common ground. That's fine. There are other issues I can spend my time on.
DanTex
(20,709 posts)hack89
(39,171 posts)who needs actual results when you can bask in the warm glow of moral superiority.
DanTex
(20,709 posts)SaranchaIsWaiting
(247 posts)It's the last piece of candy the powers allow the people to think they have. Hate is not freedom, hate speech is not freedom of speech, yet that kind of talk is allowed all over the place with defenders from both the left and the right for the right to incite violence. this kid was taught what he did. Someone full on freedomed the speech to his sad person.
samsingh
(17,605 posts)Rex
(65,616 posts)Shotguns and rifles? All they want.
Nuclear Unicorn
(19,497 posts)Rex
(65,616 posts)CoP to look and see if he could still get one and that is what they told him. Handguns no, rifles and shotguns...all you want to.
Nuclear Unicorn
(19,497 posts)That seems to imply they're allowed only to keep them for home defense.
Rex
(65,616 posts)Well it didn't work out for him, he wanted to get a handgun to take with him for travel. I was kind of shocked to learn he could have as many rifles and shotguns as he wanted...he left out the home defense part.
beevul
(12,194 posts)Even state felonies make one a prohibited person
Misread the post.
Comrade Grumpy
(13,184 posts)Nuclear Unicorn
(19,497 posts)Probable cause? Search and seizure? Due process? Dissent?
npk
(3,660 posts)What makes it a right. That a group of people that lived long before you were even born, during a time in this country where our cultures are so drastically different that there is hardly a single similarity between them. It's only a right because it was on the books before you were born. The US Constitution was never meant to be a lifeless, permanent document. It was meant to be amended, throughout time, when circumstances designated as such. When a "right" begins to infringe on other peoples right to live, then it's time for that "right" to go.
Nuclear Unicorn
(19,497 posts)You validated my supposition that the Controllers will sacrifice all rights in the name of control.
And what you hold dear today is, by your own rules, can just as easily be dismissed.
npk
(3,660 posts)Slavery was once Constitutionally protected in this country, but over the passage of time, reasonable minded people said that was no longer a "right" that should be protected. And yes I have no problem with bad laws on the books being revisited over time when it becomes clear those laws are bad and interfere with other peoples rights to live.
davidn3600
(6,342 posts)Rights in the constitution don't have an expiration date. If you have a problem with something in that document, propose a change. But if the proposal fails to get the votes...guess what, the status quo remains. That's how a democratic country based on the rule of law works. We are not a dictatorship where someone can just wave a hand and declare parts of the Constitution void because they think it's outdated.
npk
(3,660 posts)I think most people know that.
Nuclear Unicorn
(19,497 posts)According to your previous post such a right has an expiration date.
And the secessionists argued that abolition was a threat to their right to live.
I would argue we each have our rights to life and liberty and by extension those things necessary to secure those rights. I have a right to what I produce to support myself and family. I have a right to defend myself and my family.
Not coincidentally, one of the key factors in the Dred Scott decision centered on the notion that if slaves were deemed persons they would be entitled to bear arms thus making it impossible to hold them as slaves.
npk
(3,660 posts)It's just it's not a right.
Nuclear Unicorn
(19,497 posts)You can still read the books you want. It's just not a right.
By your rules.
npk
(3,660 posts)You can keep arguing that but it is not true. If I take away your right to vote then immediately your liberty is encroached upon. Same with the 1st amendment. Taking away a true right such as freedom of speech or freedom to vote, is a mechanism by which other governments oppress people. I have never heard that because a person cannot own a gun that they are suddenly being oppressed. There are other ways to protect yourself and your family.
Nuclear Unicorn
(19,497 posts)And if you do how should the people respond? With pleas and supplications?
No. The tyrant has made the first move.
That's more of an admission of ignorance than an argument for gun control.
You stick with a can of beans. I'll keep my husband's shotgun loaded with 00.
Good luck.
WDIM
(1,662 posts)The real problem is our culture of fear, hatred, and violence.
We need to reject violence at all levels.
I mean we have a president that speaks of the tragedy of innocent lives lost. And it is a tragedy, but how many innocent civil lives were lost in Iraq and Afghanistan? How many innocent lives are lost in drone strikes? I dont even know is anybody even counting anymore?
It is a complete failure of our education system. It is a complete failure of our political leaders that push war. It is a failure of our police force that choses violence instead of peace keeping. It is a failure of our media for deviding us and making us fear our neighbor. Who we need to blame for this and all violence is our society itself and the culture of fear and hate and the use of violence as a means to an end.
The leaders of this world need to lead by example of nonviolence. Unless we address the underlying issues that cause this violence guns will just be replace with another weapon.
Duckhunter935
(16,974 posts)Look up prohibited person, more than than just convicted felon as you so wrongly state. Like involuntary mentally committed, convicted of domestic abuse, drug users....
Those are facts
valerief
(53,235 posts)the wrong religion to keep the masses from looking their way. However, their reliable dividing tools are getting worn, and so the reckless love/hate of firearms has surged to become a new reliable dividing tool in their toolbox of power. Plus, firearms kill off a lot of the rabble, a bonus for them.
Thinkingabout
(30,058 posts)License to drive, vehicle are registered, vehicles are inspected in most states for safe operation, insurance is obtained in order to pay for damages, drivers have their eyesight tested when renewing drivers license, drivers are ticketed for disobeying driving laws, drivers are arrested for DUI, sometimes receiving prison terms, and then we look at guns and forget any reasonable responses.
Logical
(22,457 posts)TampaAnimusVortex
(785 posts)I could care less about those who use guns responsibly or for defence. You lock up lunatics that hurt people, guns, bombs, butter knives, etc... It's a fairly simple equation.
romanic
(2,841 posts)Some people on here have a "take it all away to make the world better" mentality; naivety at it's worst.
FrodosPet
(5,169 posts)That way the police can search everyone's homes and businesses and storage units without limit in order to find and confiscate all the guns. Then, everyone will be safe (except for people near all the shootouts that would occur).
And while they are at it, they should confiscate all the metal working tools, like CNCs, lathes, metallic 3-D printers, etc, that can be used to make new guns and gun parts.
The NSA can do their part as well, by monitoring the communications of all Americans in order to ferret out dissenters and black market sellers.
Moar police superpowers! Yay!
Snow Leopard
(348 posts)It is the price of freedom. I don't know that I want to curtail freedom though. There are places you can move to for that. Doesn'tean there are not things that can reduce these tragedies but a few people out of 330 million doesn't justify infringing on the masses IMHO.
kelliekat44
(7,759 posts)Grammatically speaking, it does not.
Snobblevitch
(1,958 posts)to figure out how much eduation a person should have in order to own a fiearm. Should a high school diploma be the lowest level of education a person needs in order to own a gun? Some college? A B.S. or B.A.?