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2012-12-16 6:41 AM
in reply to: #4536683

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Subject: RE: Irresponsible gun owners

uclamatt2007 - 2012-12-15 11:36 PM For those of you who want comprehensive testing for gun ownership, would you oppose political competency testing as a condition of the right to vote?

I have considered doing some more training and getting a permit. To be able to CC, I agree to that. My guess is that if more people were trained and CC qualified... that it still would not be enough to those that do not want guns. My level of training does nothing for criminals with guns, mentally unstable with guns, family members turning on each other, accidental shootings not involving the owner, or mass murders. The more trained and qualified owner would still be ridiculed as paranoid and part of the problem that they would choose to invest so much into something nobody needs or should have if you are not police or military.



2012-12-16 8:21 AM
in reply to: #4536660

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Subject: RE: Irresponsible gun owners

Absolutely we need better mental health access - Reagan helped that go away.

 

Taken from Pragmatic Progressive:

 

A. Countries with stricter gun laws have fewer gun deaths than we do. That's just a fact.

B. Countries with just as many guns, but who educate their gun owners, have less gun deaths than we do. Fact.


C. Countries who have guns, but offer Universal Healthcare that provides things like help for mental issues, have less gun deaths and suicides than we do. Fact.

D. Countries who allow hunting and personal gun ownership, but don't allow guns that are unnecessary for anyone but a soldier, have less gun deaths than we do. Fact.

E. Every country has rules involving driving a car or getting a prescription drug AND buying a gun, we only worry about the first two, and they have less gun deaths than we do. Fact. 

F. No one in those countries is crying about their rights being taken away, but I can only assume, that is because those people might see the right to LIVE as being a tad more important than the right to feed your man-gun-love issues.

G. Every time someone mentions gun laws, someone cries about how we are going to take your gun away, which is NOT what anyone is saying (just watch how many people post under here about how we're going to take their gun away - wish some of you would learn how to read). 

H. It's not about YOUR freedom, it's about OUR safety. We also have DRIVING LAWS, meaning you have to prove to us you can drive, you can see, you can buy insurance, you can put your seat belt on and you can avoid driving drunk...if you can't do these things, you don't get to drive. Same thing with guns....prove to use that you are smart enough to have a gun, because walking around with a gun and no brain is about as idiotic as letting you drive through town without a brain. 

I. Again, no one wants to take your gun away, we just want less idiots to be able to buy the types of guns that can kill 20 people in one minute. I repeat, no one wants to take your gun away. 

J. You can cry that guns don't kill, people do. Or that people don't kill, guns do, but the fact is that idiots kill and guns just make it easier for them to kill more people faster. Yes, they could stab you with a pen or chop you with a sword or beat you to death with a puppy...but fact of the matter is, they can't do the same amount of damage as they can with a semi-automatic, and to pretend otherwise is just stupid. Gun + Idiot = problem. And this country is full of guns and idiots...so we either need to have massive education reform or gun laws...and you and I know we're never fixing education. 

K. Saying the bad guys will get guns ANYWAY, so what's the point...that's about as stupid as saying your two year old is going to hurt themselves ANYWAY, so just hand them a chainsaw and a bottle of bleach and stop trying to stop something that is inevitable. uh huh. 

L. There is no L. - vince

 

2012-12-16 8:52 AM
in reply to: #4535429

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Subject: RE: Irresponsible gun owners
TriToy, you can move to those countries then. This is the USA and we have a right to keep and bear arms and a majority want to keep that right.

I'm not being argumentative, I'm just noticing all these stats that you have given are compelling. And all your suggestions are compelling but none of which will ever pass muster here because they don't wash with the 2nd amendment.

So either go to one of those other countries or work with the NRA, the GOA, and the federal and state agencies that have training courses.

I have 3 unregistered firearms and I will keep them that way. I am one of the safest people you've ever met when carrying a weapon. I lock them up and it is not possible for my kids to work them. When they're older and they learn how to use them I will put them through the battery of training that I received and punish severely if they break the rules. If they go to a neighbors house and come back telling me about guns being unsecured, etc. they aren't allowed at that friends house until I've spoken to the parents.

You talk about all these training requirements, but just like our education system, there is a place for parents to educate their own children. That's always more effective.
2012-12-16 9:09 AM
in reply to: #4536722

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Subject: RE: Irresponsible gun owners
powerman - 2012-12-16 7:35 AM

BrianRunsPhilly - 2012-12-15 11:11 PM I'll make my comment. Had the mother of the shooter kept her guns properly secured, her son may not have had been able to take them. I've owned firearms and unless they were in use they were kept locked up. Also, growing up, my dad and I used to shoot a couple times a week and he was constantly drilling me on gun safety. So as a minimum, I wish all purchases required proof of a current gun safety course and proof of a gun safe/lock. I realize it's not going to solve everything, but IMO it's a reasonable and common-sense way to start.

Perhaps she did keep them locked up. Maybe he just knew where the key was. He wasn't a stranger, he was her son she took shooting. You generally do not keep things locked up from your family members.

How would you enforce "proof" of owning a safe/lock. My gun came with a lock, but I do not keep it on. It is not ready fro use with it. I do not have strangers in my house. If my wife shoots me, I suppose the joke will be on me.

Most hand guns come with some sort of locking device. Perhaps they could make them better. The "finger" safes that is just a push combo works reasonably well to actually be able to use it quickly, but I would tell my family how to get it.

Perhaps and maybe is your response. Perhaps it would also diminish some of the numbers of stolen guns reaching the streets. The biggest problem this country has in discussing the issue is that, like every other issue, it immediately goes right to the polar extremes leaving no room for finding any kind of a reasonable common ground.

Guns aren't getting banned. There will always be stupid people doing stupid things, and man has never had a problem finding new and creative ways to kill each other. But I do believe, like I think you said, there must be a way to limit access to stupid people and criminals.

Oh, and when I did own guns and rifles they were locked up all the time unless they were in use, and I sure as heck didn't give the kids the combination to the safe. Same thing my dad did when I was growing up.

2012-12-16 9:10 AM
in reply to: #4536780

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Subject: RE: Irresponsible gun owners
TriToy - 2012-12-16 7:21 AM

Absolutely we need better mental health access - Reagan helped that go away.

 

Taken from Pragmatic Progressive:

 

A. Countries with stricter gun laws have fewer gun deaths than we do. That's just a fact.

And there are contries with stricter gun laws than us that have more gun violence/deaths than us. FACT

B. Countries with just as many guns, but who educate their gun owners, have less gun deaths than we do. Fact.

Wait... I thought you said we have the most guns. PROVE

C. Countries who have guns, but offer Universal Healthcare that provides things like help for mental issues, have less gun deaths and suicides than we do. Fact.
Prove the corellation.

D. Countries who allow hunting and personal gun ownership, but don't allow guns that are unnecessary for anyone but a soldier, have less gun deaths than we do. Fact.
 
So you are saying hunters and personal fire arm owners are not the problem?

E. Every country has rules involving driving a car or getting a prescription drug AND buying a gun, we only worry about the first two, and they have less gun deaths than we do. Fact. 
 
Once again, gun control proponents push "public safety" car analogy, but gun owners that do it are changing the subject. Fact.

F. No one in those countries is crying about their rights being taken away, but I can only assume, that is because those people might see the right to LIVE as being a tad more important than the right to feed your man-gun-love issues.
Because not one of those single countries had the Bill of Rights. Sorry, I realize it is inconvienient. My gun sitting in my drawer is not doing one single solitary thing to you, period. It is not endagering your life in any way shape or form. sorry, fact.

G. Every time someone mentions gun laws, someone cries about how we are going to take your gun away, which is NOT what anyone is saying (just watch how many people post under here about how we're going to take their gun away - wish some of you would learn how to read). 

H. It's not about YOUR freedom, it's about OUR safety. We also have DRIVING LAWS, meaning you have to prove to us you can drive, you can see, you can buy insurance, you can put your seat belt on and you can avoid driving drunk...if you can't do these things, you don't get to drive. Same thing with guns....prove to use that you are smart enough to have a gun, because walking around with a gun and no brain is about as idiotic as letting you drive through town without a brain. 
The Bill of Rights makes it about my freedom. I'm sorry you do not understand the Constitution. I have tried to explain it, but you seem bent on acting as if it does not exist. How many hours do you spend on a public road paid for by public money. In those hours and miles, how many people do you pass, how many potential accidents could you cause? How many potential lives can you take on any given day? Now times that by 200 million potential drivers. How many times has my gun on my private property threatened your life? How many hours a week is it on pubic roads? how many lives does it threaten in a given day.... (hint- zero)

I. Again, no one wants to take your gun away, we just want less idiots to be able to buy the types of guns that can kill 20 people in one minute. I repeat, no one wants to take your gun away. 
Great, I'm with you. We finally agree. I have asked how you plan on actually accomplishing this, but so far the only answer you have provided is how to keep them out of the hands of law abiding citizens
 
J. You can cry that guns don't kill, people do. Or that people don't kill, guns do, but the fact is that idiots kill and guns just make it easier for them to kill more people faster. Yes, they could stab you with a pen or chop you with a sword or beat you to death with a puppy...but fact of the matter is, they can't do the same amount of damage as they can with a semi-automatic, and to pretend otherwise is just stupid. Gun + Idiot = problem. And this country is full of guns and idiots...so we either need to have massive education reform or gun laws...and you and I know we're never fixing education. 
 
How fast did the Oklahoma City bombing kill people?

K. Saying the bad guys will get guns ANYWAY, so what's the point...that's about as stupid as saying your two year old is going to hurt themselves ANYWAY, so just hand them a chainsaw and a bottle of bleach and stop trying to stop something that is inevitable. uh huh. 
 

I actually agree with K. As a law abiding citizen, I do not want criminals to have guns. I have no problem with background checks to prevent that. None... except it does not prevent criminals from getting guns. It just prevents lazy ones... but as a society, I have no problem not making it easy... even if ultimately it is not effective. So if you can come up with a way I can still have my right, and effectivly accomplish what you are trying to do, then I'n listening.

But so far all you have done is cut and paste the iternet into the discussion and not given one single viable solution to the problem. I suspect this could continue for pages, but I'm out. Paste away. While you are at it, give everyone a free home, free college education, get the drugs off the street, and end hunger.... oh ya, while you are at it, try to cure mental illness and people wanting to hurt other people. Enjoy waving the magic wand.

2012-12-16 9:31 AM
in reply to: #4536814

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Subject: RE: Irresponsible gun owners
BrianRunsPhilly - 2012-12-16 8:09 AM
powerman - 2012-12-16 7:35 AM

BrianRunsPhilly - 2012-12-15 11:11 PM I'll make my comment. Had the mother of the shooter kept her guns properly secured, her son may not have had been able to take them. I've owned firearms and unless they were in use they were kept locked up. Also, growing up, my dad and I used to shoot a couple times a week and he was constantly drilling me on gun safety. So as a minimum, I wish all purchases required proof of a current gun safety course and proof of a gun safe/lock. I realize it's not going to solve everything, but IMO it's a reasonable and common-sense way to start.

Perhaps she did keep them locked up. Maybe he just knew where the key was. He wasn't a stranger, he was her son she took shooting. You generally do not keep things locked up from your family members.

How would you enforce "proof" of owning a safe/lock. My gun came with a lock, but I do not keep it on. It is not ready fro use with it. I do not have strangers in my house. If my wife shoots me, I suppose the joke will be on me.

Most hand guns come with some sort of locking device. Perhaps they could make them better. The "finger" safes that is just a push combo works reasonably well to actually be able to use it quickly, but I would tell my family how to get it.

Perhaps and maybe is your response. Perhaps it would also diminish some of the numbers of stolen guns reaching the streets. The biggest problem this country has in discussing the issue is that, like every other issue, it immediately goes right to the polar extremes leaving no room for finding any kind of a reasonable common ground.

Guns aren't getting banned. There will always be stupid people doing stupid things, and man has never had a problem finding new and creative ways to kill each other. But I do believe, like I think you said, there must be a way to limit access to stupid people and criminals.

Oh, and when I did own guns and rifles they were locked up all the time unless they were in use, and I sure as heck didn't give the kids the combination to the safe. Same thing my dad did when I was growing up.

Sure, it is just as possible the mom was a completely irresponsible gun owner and had been warned that she should keep them out of the hands of her son.

As far as my house... it is very rare it is not occupied. When it isn't, my two dogs are inside. We never have kids over or many guests. I have no problem with my arrangment and the safety of my family and the possibility of it being stolen.

I have a step son and he is violent and I didn't own one when he lived at home for that very reason. Now he is grown and has his own which probably is not a good thing. If I had young kids it would be in a safe, or I just would not own one. But that is my choice.

As far as stolen guns, according to Frontline and the ATF, only 10-15% of guns used in crimes are stolen. The other 90% are legally bought through strawmen or corrupt FFLs. I am certainly encouraged to put an end to that. Obviously, it benefits me. The only real way to do away with the legal route is to have a registry and track guns. I personally am not opposed to that, but many many are and have legitimate resons why. In this day and age, actually entering a civil war would not be done with personal arms, it will be done comendearing military and NG assets. So I do not get too concerned with "needing to overthrow the government" argument.



2012-12-16 9:34 AM
in reply to: #4536641

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Subject: RE: Irresponsible gun owners

I whole heartedly agree that a well educated individual would beneficial to those around him/her. Education of those carrying weapons is key. If it werent, why do we bother training our police force? Why not allow anyone with a conceal and carry to join? If the government is willing to drop the money on food stamps and military spending, it could at least make an effort to educate citizens properly. In the end who doesnt benefit from a well educated well armed populace?

2012-12-16 9:54 AM
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Subject: RE: Irresponsible gun owners

you keep ignoring the solution I have posted - Japan's legislation

so maybe the answer is another amendment that takes away the 2nd amendment - that would be my preference, but that is not likely.

putting more regulations is.

sorry you don't like that answer but that is the solution

2012-12-16 9:56 AM
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Subject: RE: Irresponsible gun owners
powerman - 2012-12-16 10:31 AM
BrianRunsPhilly - 2012-12-16 8:09 AM
powerman - 2012-12-16 7:35 AM

BrianRunsPhilly - 2012-12-15 11:11 PM I'll make my comment. Had the mother of the shooter kept her guns properly secured, her son may not have had been able to take them. I've owned firearms and unless they were in use they were kept locked up. Also, growing up, my dad and I used to shoot a couple times a week and he was constantly drilling me on gun safety. So as a minimum, I wish all purchases required proof of a current gun safety course and proof of a gun safe/lock. I realize it's not going to solve everything, but IMO it's a reasonable and common-sense way to start.

Perhaps she did keep them locked up. Maybe he just knew where the key was. He wasn't a stranger, he was her son she took shooting. You generally do not keep things locked up from your family members.

How would you enforce "proof" of owning a safe/lock. My gun came with a lock, but I do not keep it on. It is not ready fro use with it. I do not have strangers in my house. If my wife shoots me, I suppose the joke will be on me.

Most hand guns come with some sort of locking device. Perhaps they could make them better. The "finger" safes that is just a push combo works reasonably well to actually be able to use it quickly, but I would tell my family how to get it.

Perhaps and maybe is your response. Perhaps it would also diminish some of the numbers of stolen guns reaching the streets. The biggest problem this country has in discussing the issue is that, like every other issue, it immediately goes right to the polar extremes leaving no room for finding any kind of a reasonable common ground.

Guns aren't getting banned. There will always be stupid people doing stupid things, and man has never had a problem finding new and creative ways to kill each other. But I do believe, like I think you said, there must be a way to limit access to stupid people and criminals.

Oh, and when I did own guns and rifles they were locked up all the time unless they were in use, and I sure as heck didn't give the kids the combination to the safe. Same thing my dad did when I was growing up.

Sure, it is just as possible the mom was a completely irresponsible gun owner and had been warned that she should keep them out of the hands of her son.

As far as my house... it is very rare it is not occupied. When it isn't, my two dogs are inside. We never have kids over or many guests. I have no problem with my arrangment and the safety of my family and the possibility of it being stolen.

I have a step son and he is violent and I didn't own one when he lived at home for that very reason. Now he is grown and has his own which probably is not a good thing. If I had young kids it would be in a safe, or I just would not own one. But that is my choice.

As far as stolen guns, according to Frontline and the ATF, only 10-15% of guns used in crimes are stolen. The other 90% are legally bought through strawmen or corrupt FFLs. I am certainly encouraged to put an end to that. Obviously, it benefits me. The only real way to do away with the legal route is to have a registry and track guns. I personally am not opposed to that, but many many are and have legitimate resons why. In this day and age, actually entering a civil war would not be done with personal arms, it will be done comendearing military and NG assets. So I do not get too concerned with "needing to overthrow the government" argument.

What you just did was prove the point that reasonable people can have a reasonable discussion. I'd be happy with getting 10-15% of weapons used in crimes off the street and going from there with rational, sensible solutions.

2012-12-16 9:58 AM
in reply to: #4536853

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Subject: RE: Irresponsible gun owners
TriToy - 2012-12-16 8:54 AM

you keep ignoring the solution I have posted - Japan's legislation

so maybe the answer is another amendment that takes away the 2nd amendment - that would be my preference, but that is not likely.

putting more regulations is.

sorry you don't like that answer but that is the solution

I'm fine with the answer, nothing will change. The Japaneese regulations are not Constitutional. Your solution has zero chance of ever happening. Sorry.

2012-12-16 10:01 AM
in reply to: #4536853

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Subject: RE: Irresponsible gun owners
TriToy - 2012-12-16 10:54 AM

you keep ignoring the solution I have posted - Japan's legislation

so maybe the answer is another amendment that takes away the 2nd amendment - that would be my preference, but that is not likely.

putting more regulations is.

sorry you don't like that answer but that is the solution

The only way that solution would work would be to change our culture to be more like Japan's. It's unrealistic.



2012-12-16 10:05 AM
in reply to: #4536855

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Subject: RE: Irresponsible gun owners
BrianRunsPhilly - 2012-12-16 8:56 AM
powerman - 2012-12-16 10:31 AM
BrianRunsPhilly - 2012-12-16 8:09 AM
powerman - 2012-12-16 7:35 AM

BrianRunsPhilly - 2012-12-15 11:11 PM I'll make my comment. Had the mother of the shooter kept her guns properly secured, her son may not have had been able to take them. I've owned firearms and unless they were in use they were kept locked up. Also, growing up, my dad and I used to shoot a couple times a week and he was constantly drilling me on gun safety. So as a minimum, I wish all purchases required proof of a current gun safety course and proof of a gun safe/lock. I realize it's not going to solve everything, but IMO it's a reasonable and common-sense way to start.

Perhaps she did keep them locked up. Maybe he just knew where the key was. He wasn't a stranger, he was her son she took shooting. You generally do not keep things locked up from your family members.

How would you enforce "proof" of owning a safe/lock. My gun came with a lock, but I do not keep it on. It is not ready fro use with it. I do not have strangers in my house. If my wife shoots me, I suppose the joke will be on me.

Most hand guns come with some sort of locking device. Perhaps they could make them better. The "finger" safes that is just a push combo works reasonably well to actually be able to use it quickly, but I would tell my family how to get it.

Perhaps and maybe is your response. Perhaps it would also diminish some of the numbers of stolen guns reaching the streets. The biggest problem this country has in discussing the issue is that, like every other issue, it immediately goes right to the polar extremes leaving no room for finding any kind of a reasonable common ground.

Guns aren't getting banned. There will always be stupid people doing stupid things, and man has never had a problem finding new and creative ways to kill each other. But I do believe, like I think you said, there must be a way to limit access to stupid people and criminals.

Oh, and when I did own guns and rifles they were locked up all the time unless they were in use, and I sure as heck didn't give the kids the combination to the safe. Same thing my dad did when I was growing up.

Sure, it is just as possible the mom was a completely irresponsible gun owner and had been warned that she should keep them out of the hands of her son.

As far as my house... it is very rare it is not occupied. When it isn't, my two dogs are inside. We never have kids over or many guests. I have no problem with my arrangment and the safety of my family and the possibility of it being stolen.

I have a step son and he is violent and I didn't own one when he lived at home for that very reason. Now he is grown and has his own which probably is not a good thing. If I had young kids it would be in a safe, or I just would not own one. But that is my choice.

As far as stolen guns, according to Frontline and the ATF, only 10-15% of guns used in crimes are stolen. The other 90% are legally bought through strawmen or corrupt FFLs. I am certainly encouraged to put an end to that. Obviously, it benefits me. The only real way to do away with the legal route is to have a registry and track guns. I personally am not opposed to that, but many many are and have legitimate resons why. In this day and age, actually entering a civil war would not be done with personal arms, it will be done comendearing military and NG assets. So I do not get too concerned with "needing to overthrow the government" argument.

What you just did was prove the point that reasonable people can have a reasonable discussion. I'd be happy with getting 10-15% of weapons used in crimes off the street and going from there with rational, sensible solutions.

Oh ya, 10-15% is a win. Just stating it isn't the vast majority like many think.

Brian, any sane, reasonable law abiding citizen would most certainly want guns out of the hands of criminals, out of the hands of the mentally unstable, and out of the hands of depressed or potentially violent people. OBVIOUSLY, if that was the case the rest of us having all the guns in the world would not be a problem. Making that happen is where it gets difficult. But most of the restrictions only apply to reasonable, law abiding citizens. It does not mean we do nothing, it just means that passing knee jerk legislation based on emotion and not effectivness is pretty pointless.  It gives everyone a warm fuzzy feeling, but life rolls along.



Edited by powerman 2012-12-16 10:07 AM
2012-12-16 10:21 AM
in reply to: #4536853

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Subject: RE: Irresponsible gun owners
TriToy - 2012-12-16 10:54 AM

you keep ignoring the solution I have posted - Japan's legislation

so maybe the answer is another amendment that takes away the 2nd amendment - that would be my preference, but that is not likely.

putting more regulations is.

sorry you don't like that answer but that is the solution

The point of the second amendment is to have an armed populous to prevent the government from ever becoming tyrannical.  Trying to revoke that right (aside from being impossible) would not be very popular among the citizenry.

"The beauty of the Second Amendment is that it will not be needed until they try to take it." - Thomas Jefferson

2012-12-16 11:00 AM
in reply to: #4536860

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Subject: RE: Irresponsible gun owners
powerman - 2012-12-16 11:05 AM
BrianRunsPhilly - 2012-12-16 8:56 AM
powerman - 2012-12-16 10:31 AM
BrianRunsPhilly - 2012-12-16 8:09 AM
powerman - 2012-12-16 7:35 AM

BrianRunsPhilly - 2012-12-15 11:11 PM I'll make my comment. Had the mother of the shooter kept her guns properly secured, her son may not have had been able to take them. I've owned firearms and unless they were in use they were kept locked up. Also, growing up, my dad and I used to shoot a couple times a week and he was constantly drilling me on gun safety. So as a minimum, I wish all purchases required proof of a current gun safety course and proof of a gun safe/lock. I realize it's not going to solve everything, but IMO it's a reasonable and common-sense way to start.

Perhaps she did keep them locked up. Maybe he just knew where the key was. He wasn't a stranger, he was her son she took shooting. You generally do not keep things locked up from your family members.

How would you enforce "proof" of owning a safe/lock. My gun came with a lock, but I do not keep it on. It is not ready fro use with it. I do not have strangers in my house. If my wife shoots me, I suppose the joke will be on me.

Most hand guns come with some sort of locking device. Perhaps they could make them better. The "finger" safes that is just a push combo works reasonably well to actually be able to use it quickly, but I would tell my family how to get it.

Perhaps and maybe is your response. Perhaps it would also diminish some of the numbers of stolen guns reaching the streets. The biggest problem this country has in discussing the issue is that, like every other issue, it immediately goes right to the polar extremes leaving no room for finding any kind of a reasonable common ground.

Guns aren't getting banned. There will always be stupid people doing stupid things, and man has never had a problem finding new and creative ways to kill each other. But I do believe, like I think you said, there must be a way to limit access to stupid people and criminals.

Oh, and when I did own guns and rifles they were locked up all the time unless they were in use, and I sure as heck didn't give the kids the combination to the safe. Same thing my dad did when I was growing up.

Sure, it is just as possible the mom was a completely irresponsible gun owner and had been warned that she should keep them out of the hands of her son.

As far as my house... it is very rare it is not occupied. When it isn't, my two dogs are inside. We never have kids over or many guests. I have no problem with my arrangment and the safety of my family and the possibility of it being stolen.

I have a step son and he is violent and I didn't own one when he lived at home for that very reason. Now he is grown and has his own which probably is not a good thing. If I had young kids it would be in a safe, or I just would not own one. But that is my choice.

As far as stolen guns, according to Frontline and the ATF, only 10-15% of guns used in crimes are stolen. The other 90% are legally bought through strawmen or corrupt FFLs. I am certainly encouraged to put an end to that. Obviously, it benefits me. The only real way to do away with the legal route is to have a registry and track guns. I personally am not opposed to that, but many many are and have legitimate resons why. In this day and age, actually entering a civil war would not be done with personal arms, it will be done comendearing military and NG assets. So I do not get too concerned with "needing to overthrow the government" argument.

What you just did was prove the point that reasonable people can have a reasonable discussion. I'd be happy with getting 10-15% of weapons used in crimes off the street and going from there with rational, sensible solutions.

Oh ya, 10-15% is a win. Just stating it isn't the vast majority like many think.

Brian, any sane, reasonable law abiding citizen would most certainly want guns out of the hands of criminals, out of the hands of the mentally unstable, and out of the hands of depressed or potentially violent people. OBVIOUSLY, if that was the case the rest of us having all the guns in the world would not be a problem. Making that happen is where it gets difficult. But most of the restrictions only apply to reasonable, law abiding citizens. It does not mean we do nothing, it just means that passing knee jerk legislation based on emotion and not effectivness is pretty pointless.  It gives everyone a warm fuzzy feeling, but life rolls along.

That applies to most laws. And I couldn't agree more that some stupid knee-jerk law will only make the situation worse. I have very little faith (ok, zero!) in our politicians ability to do anything intelligent. We already have plenty of warm, fuzzy feeling gun laws that don't do a damn thing, obviously.

It's too late for a 'vast majority' solution, like Japan's laws. Plus it goes against our culture and our Constitution. It's not an option. However, there are laws that are safe, effecting, and not unduly onerous. Seat belts are an example. They don't stop all traffic-related deaths, but they have a pretty good impact. And it has no negative effect on the ability to own a car.

So instead of wringing my hands and saying 'stop gun violence' I threw out two ideas about education and safety. Does enforcing gun education have any effect on criminals? Of course not, but if it prevents a few accidental shootings it seems like a way to start chipping away at the problem.

2012-12-16 11:16 AM
in reply to: #4536902

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Subject: RE: Irresponsible gun owners
BrianRunsPhilly - 2012-12-16 10:00 AM

That applies to most laws. And I couldn't agree more that some stupid knee-jerk law will only make the situation worse. I have very little faith (ok, zero!) in our politicians ability to do anything intelligent. We already have plenty of warm, fuzzy feeling gun laws that don't do a damn thing, obviously.

It's too late for a 'vast majority' solution, like Japan's laws. Plus it goes against our culture and our Constitution. It's not an option. However, there are laws that are safe, effecting, and not unduly onerous. Seat belts are an example. They don't stop all traffic-related deaths, but they have a pretty good impact. And it has no negative effect on the ability to own a car.

So instead of wringing my hands and saying 'stop gun violence' I threw out two ideas about education and safety. Does enforcing gun education have any effect on criminals? Of course not, but if it prevents a few accidental shootings it seems like a way to start chipping away at the problem.

Last night I was trying to think of how we could track guns with todays technology without it being a "registry" held by the feds. I don't know if we could. Me as an owner I don't have a problem with my firearm being registered, and even going to a gun store to transfer it to someone else to ensure guns are not sold to those that should not have them. I just don't know how to do that.... to stop stwawmen sales and corrupt FFLs.

If we did another AWB, and went back to 10 round mags, I would be OK with that. But the last was a law with absolutely ZERO effectivness. You could buy all the pre ban mags you wanted and there were millions of them. To actually make that effective, the government would have to buy ALL the hi cap mags in the country to not strand the cost to the makers, then ban imports and sales. That would not stop black market, but over time, all those would disappear. But you also would not be able to ban ownership of what I already had. So I could keep what I own, just never buy more... and transfer would have to be illegal. And then that gets into how does the Federal government regulate private sales....

Banning simi autos is just silly. They have been around for a hundred years. The most poular of all is the 1911 still sold today with a 7 round mag. Auto loading rifles have been around as long. Revolvers and pump/bolt actions have killed plenty. Entire wars have been fought with them. It's just the world we live in.

2012-12-16 11:52 AM
in reply to: #4536902

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Subject: RE: Irresponsible gun owners
BrianRunsPhilly - 2012-12-16 11:00 AM
powerman - 2012-12-16 11:05 AM
BrianRunsPhilly - 2012-12-16 8:56 AM
powerman - 2012-12-16 10:31 AM
BrianRunsPhilly - 2012-12-16 8:09 AM
powerman - 2012-12-16 7:35 AM

BrianRunsPhilly - 2012-12-15 11:11 PM I'll make my comment. Had the mother of the shooter kept her guns properly secured, her son may not have had been able to take them. I've owned firearms and unless they were in use they were kept locked up. Also, growing up, my dad and I used to shoot a couple times a week and he was constantly drilling me on gun safety. So as a minimum, I wish all purchases required proof of a current gun safety course and proof of a gun safe/lock. I realize it's not going to solve everything, but IMO it's a reasonable and common-sense way to start.

Perhaps she did keep them locked up. Maybe he just knew where the key was. He wasn't a stranger, he was her son she took shooting. You generally do not keep things locked up from your family members.

How would you enforce "proof" of owning a safe/lock. My gun came with a lock, but I do not keep it on. It is not ready fro use with it. I do not have strangers in my house. If my wife shoots me, I suppose the joke will be on me.

Most hand guns come with some sort of locking device. Perhaps they could make them better. The "finger" safes that is just a push combo works reasonably well to actually be able to use it quickly, but I would tell my family how to get it.

Perhaps and maybe is your response. Perhaps it would also diminish some of the numbers of stolen guns reaching the streets. The biggest problem this country has in discussing the issue is that, like every other issue, it immediately goes right to the polar extremes leaving no room for finding any kind of a reasonable common ground.

Guns aren't getting banned. There will always be stupid people doing stupid things, and man has never had a problem finding new and creative ways to kill each other. But I do believe, like I think you said, there must be a way to limit access to stupid people and criminals.

Oh, and when I did own guns and rifles they were locked up all the time unless they were in use, and I sure as heck didn't give the kids the combination to the safe. Same thing my dad did when I was growing up.

Sure, it is just as possible the mom was a completely irresponsible gun owner and had been warned that she should keep them out of the hands of her son.

As far as my house... it is very rare it is not occupied. When it isn't, my two dogs are inside. We never have kids over or many guests. I have no problem with my arrangment and the safety of my family and the possibility of it being stolen.

I have a step son and he is violent and I didn't own one when he lived at home for that very reason. Now he is grown and has his own which probably is not a good thing. If I had young kids it would be in a safe, or I just would not own one. But that is my choice.

As far as stolen guns, according to Frontline and the ATF, only 10-15% of guns used in crimes are stolen. The other 90% are legally bought through strawmen or corrupt FFLs. I am certainly encouraged to put an end to that. Obviously, it benefits me. The only real way to do away with the legal route is to have a registry and track guns. I personally am not opposed to that, but many many are and have legitimate resons why. In this day and age, actually entering a civil war would not be done with personal arms, it will be done comendearing military and NG assets. So I do not get too concerned with "needing to overthrow the government" argument.

What you just did was prove the point that reasonable people can have a reasonable discussion. I'd be happy with getting 10-15% of weapons used in crimes off the street and going from there with rational, sensible solutions.

Oh ya, 10-15% is a win. Just stating it isn't the vast majority like many think.

Brian, any sane, reasonable law abiding citizen would most certainly want guns out of the hands of criminals, out of the hands of the mentally unstable, and out of the hands of depressed or potentially violent people. OBVIOUSLY, if that was the case the rest of us having all the guns in the world would not be a problem. Making that happen is where it gets difficult. But most of the restrictions only apply to reasonable, law abiding citizens. It does not mean we do nothing, it just means that passing knee jerk legislation based on emotion and not effectivness is pretty pointless.  It gives everyone a warm fuzzy feeling, but life rolls along.

That applies to most laws. And I couldn't agree more that some stupid knee-jerk law will only make the situation worse. I have very little faith (ok, zero!) in our politicians ability to do anything intelligent. We already have plenty of warm, fuzzy feeling gun laws that don't do a damn thing, obviously.

It's too late for a 'vast majority' solution, like Japan's laws. Plus it goes against our culture and our Constitution. It's not an option. However, there are laws that are safe, effecting, and not unduly onerous. Seat belts are an example. They don't stop all traffic-related deaths, but they have a pretty good impact. And it has no negative effect on the ability to own a car.

So instead of wringing my hands and saying 'stop gun violence' I threw out two ideas about education and safety. Does enforcing gun education have any effect on criminals? Of course not, but if it prevents a few accidental shootings it seems like a way to start chipping away at the problem.

I like your ideas Brian.  I've also tried to think of ways to change the laws that could be more effective.  For me personally I wouldn't fathom keeping my guns anywhere but in a safe.  If it isn't on my person it's locked in a safe, period.  My first thought is keeping my kids (and their friends) away from them, with theft as a close secondary concern.  I would feel terrible if one of my guns were out on the street in the hands of some thug so I do all I can to minimize that.

I wonder if there would be any traction to a law that makes it a negligence crime if you have your handgun stolen and it wasn't locked up.  Kind of like if I don't make my kids wear a seat belt and they get injured I can be charged with child abuse or child endangerment.

Also, it's already illegal for someone who has been judged mentally ill to purchase a firearm, but I don't believe NICS has any ability to verify that.  That could be another area to broaden the background checks.

I don't know if these are practical or not, but just thinking out loud.



2012-12-16 12:16 PM
in reply to: #4536932

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Subject: RE: Irresponsible gun owners
tuwood - 2012-12-16 10:52 AM

I like your ideas Brian.  I've also tried to think of ways to change the laws that could be more effective.  For me personally I wouldn't fathom keeping my guns anywhere but in a safe.  If it isn't on my person it's locked in a safe, period.  My first thought is keeping my kids (and their friends) away from them, with theft as a close secondary concern.  I would feel terrible if one of my guns were out on the street in the hands of some thug so I do all I can to minimize that.

I wonder if there would be any traction to a law that makes it a negligence crime if you have your handgun stolen and it wasn't locked up.  Kind of like if I don't make my kids wear a seat belt and they get injured I can be charged with child abuse or child endangerment.

Also, it's already illegal for someone who has been judged mentally ill to purchase a firearm, but I don't believe NICS has any ability to verify that.  That could be another area to broaden the background checks.

I don't know if these are practical or not, but just thinking out loud.

For negligence, you are not the one doing the harm if it is stolen. Meaning it has to be stolen which is a crime, and then it has to be used in another crime which is the actions of another... which is a crime. With a seatbelt, you are operating the vehicle and if you fail to buclkle them up that is on you as the operator.

And the mental illness is for being declared legally insane, or mentally defficient. That is not close to the same as being depressed and a potential danger to your self or others, or unstable due to illness or perhaps a tough time like divorce or the loss of a loved one.

there are already laws in placce that if you feel someone is a danger to themselves they can be put on a in involluntary hold. Like knowing someone has a gun and you think is suicidal. I'm not sure what if any laws are in place to have their guns confinscated in those situations.



Edited by powerman 2012-12-16 12:17 PM
2012-12-16 12:36 PM
in reply to: #4536874

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Subject: RE: Irresponsible gun owners
TriRSquared - 2012-12-16 11:21 AM
TriToy - 2012-12-16 10:54 AM

you keep ignoring the solution I have posted - Japan's legislation

so maybe the answer is another amendment that takes away the 2nd amendment - that would be my preference, but that is not likely.

putting more regulations is.

sorry you don't like that answer but that is the solution

The point of the second amendment is to have an armed populous to prevent the government from ever becoming tyrannical.  Trying to revoke that right (aside from being impossible) would not be very popular among the citizenry.

"The beauty of the Second Amendment is that it will not be needed until they try to take it." - Thomas Jefferson

 

At the time the Constitution was written, the States refused to pass it without the inclusion of the Bill of Rights. At that time, the ability to form a militia was so important that the People insisted on including the words of the Second Amendment. Its full text is, “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.” 

Throughout the history of our country, up until 2 years ago, the Second Amendment was uniformly interpreted by the Supreme Court of the United States to stand for the proposition that the Federal government cannot restrict a citizens right to bear arms. This was a “State” issue under the 10th Amendment. United States v. Cruikshank, 92 U.S. 542 (1876); Presser v. Illinois, 116 U.S. 252 (1886) (Second amendment has no effect other than to restrict the powers of the national government). 

United States v. Miller, 307 U.S. 174 (1939) went further, holding that a law restricting the right to bear an arm that has no reasonable relation to the preservation or efficiency to a well regulated militia is not unconstitutional. Such a law doesn't violate either the 2nd or 10th amendments.


These decisions left the power to regulate handguns and all weapons in the hands of the States. This power held by the States, by the People of the several States if you prefer, was still the law even after District of Columbia v. Heller, 554 U.S. 570 (2008). Because Washington, D.C., is a Federal enclave.


But then came, McDonald v. Chicago, 561 US 3025 (2010). This case created a brand new fundamental right of all Americans that cannot be regulated by the States or the Feds. Two years ago, the supremes held that the 2nd amendment is applicable to the States through 14th amendment and therefore, Americans have a fundamental Constitutional right to possess handguns that cannot be abridged by the States. Huh? Thus, this is not a right which goes back to the time of the founding, it is one created in the last two years. The decision rests on a plurality--4 justices, Alito, Scalia, Kennedy, and Roberts, held that the 2nd Amendment applies to the States through 14th Amendment, because the right to bear arms is, "fundamental to our nation's scheme of ordered liberty." (This is crap because we made it all the way to 2010 without it being so!!!!!). Justice “silent” Thomas concurred with those 4 in making this the Law of the Land because he could rest his decision on the “privileges and immunities” clause of the Constitution. (This is crap because, well because Thomas was the only justice to think this and it has no precedential effect at all, never mind it makes no sense.) Justice Stevens wrote the dissent which was joined by Breyer, Ginsberg and Sotomayor. 

McDonald, like Citizens United after it, is just plain wrong, and overrules 200 years of cases which had always been consistent. But the greatest argument for overruling this case is that it is inconsistent with the rationale behind the States' insistence on its inclusion in the Bill of Rights. 

Why was the second amendment included in the Bill of Rights? What were our founding father's intentions? What were the intentions of the People that accepted it as a premise for our new society? Was it for personal defense against other citizens? Emphatically, NO. 

The second amendment is about the tyranny of the countries of Europe which denied citizens the right to form militias to fight that tyranny. It is about the use of a country's standing army to suppress the rights of the People. When one reads the Federalist Papers, and one reads orations made by those founding fathers one overarching idea is clear. The point of the second amendment was to allow the People to rise up against a GOVERNMENT that was attempting to use its standing army to suppress the People's freedom. It was meant to allow the People of the States to defend themselves against a Federal standing army. Or to arm the People against foreign invasion. The Federal Government was supposed to be a rather weak authority with limited powers specifically enumerated by the Constitution itself.  Today we have state militias. They are called the State National Guard, and they are controlled by each State itself. Our standing army is indeed controlled by the Federal Government, and unlike many other countries, our Armed Forces are controlled ultimately by civil authority (the President, remember?). Our Federal armed forces have never attempted to take over the civilian government. And if they did, our State Militias would protect us, at least theoretically. We the People of the Several States have ceded our individual right to form up a Militia and allowed our State Governments to hire and train recruits to be professionals. If we faced invasion on our shores, all our armed forces and militia would be there to protect us. Our need to have every person armed to deflect attack has passed. We as a Nation have provided for our defense. Our First Amendment has been able to protect us from internal armed conflict. We as a Nation have been able to mature, to use our words, to prevent what our Founding Fathers most feared. 

Times and things have changed since the time of the founding. Women can vote. People are no longer enslaved. (Legally at least). Growing and using hemp is now illegal. (Please don't ever forget that our Constitution is written on hemp paper!!). As a society, we have decided that we have no individual needs to form militias, we allow our State Governments to provide the protection we need against the Federal Government. But as things stand now pursuant to a single Supreme Court case, no government, State or Federal can abridge the right to own a handgun because of that Court’s, may I be so bold as to say, completely incorrect interpretation of the Second Amendment. 

At a minimum, States must be allowed to enact and enforce the strictest gun control laws their citizens demand. The 10th Amendment demands it. 


If a State can make you purchase alcohol in a State run store, shouldn't we be able to make people purchase handguns in such a place, make you undergo an extensive background check and make you swear that you will only use the weapon to protect the rights of the people against tyranny?

Did the founders envision small, easily concealed handguns that can hold high velocity bullets, that could kill 15 people in mere seconds would be the norm? Did they consider that these weapons would be available at the local drug store? Did they imagine, in their wildest imaginings that a developmentally disabled man could acquire 2 of these handguns, walk into an elementary school and kill small children? Or a movie theater, or a college, or a high school, or on the streets of our cities? 

The answer is no, they didn't consider this, and no, they didn't envision this, and no, that is NOT WHAT THE SECOND AMENDMENT IS ABOUT.

 
 


Edited by TriToy 2012-12-16 12:37 PM
2012-12-16 1:23 PM
in reply to: #4535429

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over a barrier
Subject: RE: Irresponsible gun owners
Two more incidents

Indiana Man with 47 guns threatens to go to a school and kill after threatening to burn his wife

http://abclocal.go.com/wtvd/story?section=news/national_world&id=89...

Mall in Cali goes on lockdown after 50 rounds shot in Mall parking lot

http://abcnews.go.com/US/wireStory/calif-mall-lockdown-shots-fired-...



2012-12-16 1:38 PM
in reply to: #4537000

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Subject: RE: Irresponsible gun owners

running2far - 2012-12-16 2:23 PM Two more incidents Indiana Man with 47 guns threatens to go to a school and kill after threatening to burn his wife http://abclocal.go.com/wtvd/story?section=news/national_world&i... Mall in Cali goes on lockdown after 50 rounds shot in Mall parking lot http://abcnews.go.com/US/wireStory/calif-mall-lockdown-shots-fired-...

 

and again in Newton, CT:

 

A monsignor at St. Rose of Lima Roman Catholic Church, which was evacuated during noon Mass on Sunday, said that a man had called the church and said, “I’m coming to kill, I’m coming to kill.”

Msgr. Robert Weiss, who spoke to a reporter from Ora.TV, which is live-streaming from the church, said that a church phone rang and a parishioner picked it up, and the man on the line began spewing threats.

The parishioner said Monsignor Weiss, “you’d better listen to this phone conversation,” and handed him the phone. “He started talking about ‘I’m coming to kill, I’m coming to kill,’” the monsignor said.

The police were summoned, and “The more this man was speaking the more the police were taking seriously,” Monsignor Weiss said. The police fed questions to the parishioner, who was back on the line, to relay to the caller, he said.

At about 12:30, the police arrived at the church and announced that there had been a threat.

“All of a sudden all of the police cars came flying up and one police officer said very disgustedly that it’s probably nothing but some jerk called in and made a threat and we have to evacuate,” said Kim, a parishioner who had been standing outside the church when the police arrived. “So they went in and evacuated it.”

Worshipers came pouring out of the church and state police troopers with rifles and in camouflage and combat helmets entered the church and parish center.

A heavily armored state police vehicle remained in a parking lot near the church Sunday afternoon.

The church will remain closed for the rest of the day, a spokesman for the Diocese of Bridgeport said.

“I’m just sad that these people needed to be at Mass today and that this had to happen,” Monsignor Weiss said. “This is just hard for parents to be able to explain to their children.”

 

2012-12-16 1:48 PM
in reply to: #4536966

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Subject: RE: Irresponsible gun owners
TriToy - 2012-12-16 10:36 AM
TriRSquared - 2012-12-16 11:21 AM
TriToy - 2012-12-16 10:54 AM

you keep ignoring the solution I have posted - Japan's legislation

so maybe the answer is another amendment that takes away the 2nd amendment - that would be my preference, but that is not likely.

putting more regulations is.

sorry you don't like that answer but that is the solution

The point of the second amendment is to have an armed populous to prevent the government from ever becoming tyrannical.  Trying to revoke that right (aside from being impossible) would not be very popular among the citizenry.

"The beauty of the Second Amendment is that it will not be needed until they try to take it." - Thomas Jefferson

 

At the time the Constitution was written, the States refused to pass it without the inclusion of the Bill of Rights. At that time, the ability to form a militia was so important that the People insisted on including the words of the Second Amendment. Its full text is, “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.” 

Throughout the history of our country, up until 2 years ago, the Second Amendment was uniformly interpreted by the Supreme Court of the United States to stand for the proposition that the Federal government cannot restrict a citizens right to bear arms. This was a “State” issue under the 10th Amendment. United States v. Cruikshank, 92 U.S. 542 (1876); Presser v. Illinois, 116 U.S. 252 (1886) (Second amendment has no effect other than to restrict the powers of the national government). 

United States v. Miller, 307 U.S. 174 (1939) went further, holding that a law restricting the right to bear an arm that has no reasonable relation to the preservation or efficiency to a well regulated militia is not unconstitutional. Such a law doesn't violate either the 2nd or 10th amendments.


These decisions left the power to regulate handguns and all weapons in the hands of the States. This power held by the States, by the People of the several States if you prefer, was still the law even after District of Columbia v. Heller, 554 U.S. 570 (2008). Because Washington, D.C., is a Federal enclave.


But then came, McDonald v. Chicago, 561 US 3025 (2010). This case created a brand new fundamental right of all Americans that cannot be regulated by the States or the Feds. Two years ago, the supremes held that the 2nd amendment is applicable to the States through 14th amendment and therefore, Americans have a fundamental Constitutional right to possess handguns that cannot be abridged by the States. Huh? Thus, this is not a right which goes back to the time of the founding, it is one created in the last two years. The decision rests on a plurality--4 justices, Alito, Scalia, Kennedy, and Roberts, held that the 2nd Amendment applies to the States through 14th Amendment, because the right to bear arms is, "fundamental to our nation's scheme of ordered liberty." (This is crap because we made it all the way to 2010 without it being so!!!!!). Justice “silent” Thomas concurred with those 4 in making this the Law of the Land because he could rest his decision on the “privileges and immunities” clause of the Constitution. (This is crap because, well because Thomas was the only justice to think this and it has no precedential effect at all, never mind it makes no sense.) Justice Stevens wrote the dissent which was joined by Breyer, Ginsberg and Sotomayor. 

McDonald, like Citizens United after it, is just plain wrong, and overrules 200 years of cases which had always been consistent. But the greatest argument for overruling this case is that it is inconsistent with the rationale behind the States' insistence on its inclusion in the Bill of Rights. 

Why was the second amendment included in the Bill of Rights? What were our founding father's intentions? What were the intentions of the People that accepted it as a premise for our new society? Was it for personal defense against other citizens? Emphatically, NO. 

The second amendment is about the tyranny of the countries of Europe which denied citizens the right to form militias to fight that tyranny. It is about the use of a country's standing army to suppress the rights of the People. When one reads the Federalist Papers, and one reads orations made by those founding fathers one overarching idea is clear. The point of the second amendment was to allow the People to rise up against a GOVERNMENT that was attempting to use its standing army to suppress the People's freedom. It was meant to allow the People of the States to defend themselves against a Federal standing army. Or to arm the People against foreign invasion. The Federal Government was supposed to be a rather weak authority with limited powers specifically enumerated by the Constitution itself.  Today we have state militias. They are called the State National Guard, and they are controlled by each State itself. Our standing army is indeed controlled by the Federal Government, and unlike many other countries, our Armed Forces are controlled ultimately by civil authority (the President, remember?). Our Federal armed forces have never attempted to take over the civilian government. And if they did, our State Militias would protect us, at least theoretically. We the People of the Several States have ceded our individual right to form up a Militia and allowed our State Governments to hire and train recruits to be professionals. If we faced invasion on our shores, all our armed forces and militia would be there to protect us. Our need to have every person armed to deflect attack has passed. We as a Nation have provided for our defense. Our First Amendment has been able to protect us from internal armed conflict. We as a Nation have been able to mature, to use our words, to prevent what our Founding Fathers most feared. 

Times and things have changed since the time of the founding. Women can vote. People are no longer enslaved. (Legally at least). Growing and using hemp is now illegal. (Please don't ever forget that our Constitution is written on hemp paper!!). As a society, we have decided that we have no individual needs to form militias, we allow our State Governments to provide the protection we need against the Federal Government. But as things stand now pursuant to a single Supreme Court case, no government, State or Federal can abridge the right to own a handgun because of that Court’s, may I be so bold as to say, completely incorrect interpretation of the Second Amendment. 

At a minimum, States must be allowed to enact and enforce the strictest gun control laws their citizens demand. The 10th Amendment demands it. 


If a State can make you purchase alcohol in a State run store, shouldn't we be able to make people purchase handguns in such a place, make you undergo an extensive background check and make you swear that you will only use the weapon to protect the rights of the people against tyranny?

Did the founders envision small, easily concealed handguns that can hold high velocity bullets, that could kill 15 people in mere seconds would be the norm? Did they consider that these weapons would be available at the local drug store? Did they imagine, in their wildest imaginings that a developmentally disabled man could acquire 2 of these handguns, walk into an elementary school and kill small children? Or a movie theater, or a college, or a high school, or on the streets of our cities? 

The answer is no, they didn't consider this, and no, they didn't envision this, and no, that is NOT WHAT THE SECOND AMENDMENT IS ABOUT.

 
 

This is somewhat of an aside, but why, historically, has the 2nd amendment been limited to the federal government while the first amendment has been applied to both state and federal government? I believe the 14th amendment have been used to apply the first amendment right to state government, but other than assuming the intent of the founding fathers, is there another reason?



2012-12-16 1:49 PM
in reply to: #4536853

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Subject: RE: Irresponsible gun owners
TriToy - 2012-12-16 7:54 AM

you keep ignoring the solution I have posted - Japan's legislation

so maybe the answer is another amendment that takes away the 2nd amendment - that would be my preference, but that is not likely.

putting more regulations is.

sorry you don't like that answer but that is the solution

Under what constitutional power would the federal government apply laws such as those from Japan?

2012-12-16 1:52 PM
in reply to: #4536966

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Subject: RE: Irresponsible gun owners
TriToy - 2012-12-16 11:36 AM
TriRSquared - 2012-12-16 11:21 AM
TriToy - 2012-12-16 10:54 AM

you keep ignoring the solution I have posted - Japan's legislation

so maybe the answer is another amendment that takes away the 2nd amendment - that would be my preference, but that is not likely.

putting more regulations is.

sorry you don't like that answer but that is the solution

The point of the second amendment is to have an armed populous to prevent the government from ever becoming tyrannical.  Trying to revoke that right (aside from being impossible) would not be very popular among the citizenry.

"The beauty of the Second Amendment is that it will not be needed until they try to take it." - Thomas Jefferson

 

At the time the Constitution was written, the States refused to pass it without the inclusion of the Bill of Rights. At that time, the ability to form a militia was so important that the People insisted on including the words of the Second Amendment. Its full text is, “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.” 

Throughout the history of our country, up until 2 years ago, the Second Amendment was uniformly interpreted by the Supreme Court of the United States to stand for the proposition that the Federal government cannot restrict a citizens right to bear arms. This was a “State” issue under the 10th Amendment. United States v. Cruikshank, 92 U.S. 542 (1876); Presser v. Illinois, 116 U.S. 252 (1886) (Second amendment has no effect other than to restrict the powers of the national government). 

United States v. Miller, 307 U.S. 174 (1939) went further, holding that a law restricting the right to bear an arm that has no reasonable relation to the preservation or efficiency to a well regulated militia is not unconstitutional. Such a law doesn't violate either the 2nd or 10th amendments.

The Justices ruled that the sawed off shot gun was not a standard weapon in a militia and therefore could be regulated. By the same reasoning, an AR-15 or semi-automatic pistol is most certainly a regularly used weapon in a militia and can't be regulated. Both sides like to use this case to prove their point...

 

On May 15, 1939 the Supreme Court, in a unanimous opinion by Justice McReynolds, reversed and remanded the District Court decision. The Supreme Court declared no conflict between the NFA and the Second Amendment had been established, writing:

 

"In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument."

 

Describing the constitutional authority under which Congress could call forth state militia, the Court stated, "With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view."

 

In dicta, the Court also looked to historical sources to explain the meaning of "militia" as set down by the authors of the Constitution:

 

"The significance attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

 

 


These decisions left the power to regulate handguns and all weapons in the hands of the States. This power held by the States, by the People of the several States if you prefer, was still the law even after District of Columbia v. Heller, 554 U.S. 570 (2008). Because Washington, D.C., is a Federal enclave.


But then came, McDonald v. Chicago, 561 US 3025 (2010). This case created a brand new fundamental right of all Americans that cannot be regulated by the States or the Feds. Two years ago, the supremes held that the 2nd amendment is applicable to the States through 14th amendment and therefore, Americans have a fundamental Constitutional right to possess handguns that cannot be abridged by the States. Huh? Thus, this is not a right which goes back to the time of the founding, it is one created in the last two years. The decision rests on a plurality--4 justices, Alito, Scalia, Kennedy, and Roberts, held that the 2nd Amendment applies to the States through 14th Amendment, because the right to bear arms is, "fundamental to our nation's scheme of ordered liberty." (This is crap because we made it all the way to 2010 without it being so!!!!!). Justice “silent” Thomas concurred with those 4 in making this the Law of the Land because he could rest his decision on the “privileges and immunities” clause of the Constitution. (This is crap because, well because Thomas was the only justice to think this and it has no precedential effect at all, never mind it makes no sense.) Justice Stevens wrote the dissent which was joined by Breyer, Ginsberg and Sotomayor. 

McDonald, like Citizens United after it, is just plain wrong, and overrules 200 years of cases which had always been consistent. But the greatest argument for overruling this case is that it is inconsistent with the rationale behind the States' insistence on its inclusion in the Bill of Rights. 

Why was the second amendment included in the Bill of Rights? What were our founding father's intentions? What were the intentions of the People that accepted it as a premise for our new society? Was it for personal defense against other citizens? Emphatically, NO. 

The second amendment is about the tyranny of the countries of Europe which denied citizens the right to form militias to fight that tyranny. It is about the use of a country's standing army to suppress the rights of the People. When one reads the Federalist Papers, and one reads orations made by those founding fathers one overarching idea is clear. The point of the second amendment was to allow the People to rise up against a GOVERNMENT that was attempting to use its standing army to suppress the People's freedom. It was meant to allow the People of the States to defend themselves against a Federal standing army. Or to arm the People against foreign invasion. The Federal Government was supposed to be a rather weak authority with limited powers specifically enumerated by the Constitution itself.  Today we have state militias. They are called the State National Guard, and they are controlled by each State itself. Our standing army is indeed controlled by the Federal Government, and unlike many other countries, our Armed Forces are controlled ultimately by civil authority (the President, remember?). Our Federal armed forces have never attempted to take over the civilian government. And if they did, our State Militias would protect us, at least theoretically. We the People of the Several States have ceded our individual right to form up a Militia and allowed our State Governments to hire and train recruits to be professionals. If we faced invasion on our shores, all our armed forces and militia would be there to protect us. Our need to have every person armed to deflect attack has passed. We as a Nation have provided for our defense. Our First Amendment has been able to protect us from internal armed conflict. We as a Nation have been able to mature, to use our words, to prevent what our Founding Fathers most feared. 

Times and things have changed since the time of the founding. Women can vote. People are no longer enslaved. (Legally at least). Growing and using hemp is now illegal. (Please don't ever forget that our Constitution is written on hemp paper!!). As a society, we have decided that we have no individual needs to form militias, we allow our State Governments to provide the protection we need against the Federal Government. But as things stand now pursuant to a single Supreme Court case, no government, State or Federal can abridge the right to own a handgun because of that Court’s, may I be so bold as to say, completely incorrect interpretation of the Second Amendment. 

At a minimum, States must be allowed to enact and enforce the strictest gun control laws their citizens demand. The 10th Amendment demands it. 


If a State can make you purchase alcohol in a State run store, shouldn't we be able to make people purchase handguns in such a place, make you undergo an extensive background check and make you swear that you will only use the weapon to protect the rights of the people against tyranny?

Did the founders envision small, easily concealed handguns that can hold high velocity bullets, that could kill 15 people in mere seconds would be the norm? Did they consider that these weapons would be available at the local drug store? Did they imagine, in their wildest imaginings that a developmentally disabled man could acquire 2 of these handguns, walk into an elementary school and kill small children? Or a movie theater, or a college, or a high school, or on the streets of our cities? 

The answer is no, they didn't consider this, and no, they didn't envision this, and no, that is NOT WHAT THE SECOND AMENDMENT IS ABOUT.

 
 

I suspect this is another C&P, and that the author is not a Supreme Court Justice.

The problem is that you post the exact argument that says why we can't pass the Japaneese gun control you are so fond of... that the Federal government can't abridge rights, but the States can. By all means, petition your State and see how it goes.

2012-12-16 2:07 PM
in reply to: #4537005

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Austin, Texas or Jupiter, Florida
Subject: RE: Irresponsible gun owners
TriToy - 2012-12-16 1:38 PM

running2far - 2012-12-16 2:23 PM Two more incidents Indiana Man with 47 guns threatens to go to a school and kill after threatening to burn his wife http://abclocal.go.com/wtvd/story?section=news/national_world&id=89... Mall in Cali goes on lockdown after 50 rounds shot in Mall parking lot http://abcnews.go.com/US/wireStory/calif-mall-lockdown-shots-fired-...

 

and again in Newton, CT:

 

A monsignor at St. Rose of Lima Roman Catholic Church, which was evacuated during noon Mass on Sunday, said that a man had called the church and said, “I’m coming to kill, I’m coming to kill.”

Msgr. Robert Weiss, who spoke to a reporter from Ora.TV, which is live-streaming from the church, said that a church phone rang and a parishioner picked it up, and the man on the line began spewing threats.

The parishioner said Monsignor Weiss, “you’d better listen to this phone conversation,” and handed him the phone. “He started talking about ‘I’m coming to kill, I’m coming to kill,’” the monsignor said.

The police were summoned, and “The more this man was speaking the more the police were taking seriously,” Monsignor Weiss said. The police fed questions to the parishioner, who was back on the line, to relay to the caller, he said.

At about 12:30, the police arrived at the church and announced that there had been a threat.

“All of a sudden all of the police cars came flying up and one police officer said very disgustedly that it’s probably nothing but some jerk called in and made a threat and we have to evacuate,” said Kim, a parishioner who had been standing outside the church when the police arrived. “So they went in and evacuated it.”

Worshipers came pouring out of the church and state police troopers with rifles and in camouflage and combat helmets entered the church and parish center.

A heavily armored state police vehicle remained in a parking lot near the church Sunday afternoon.

The church will remain closed for the rest of the day, a spokesman for the Diocese of Bridgeport said.

“I’m just sad that these people needed to be at Mass today and that this had to happen,” Monsignor Weiss said. “This is just hard for parents to be able to explain to their children.”

 

These are all tragic, but not sure what they have in common with the OP. The perpetrators in these cases are breaking laws and will be dealt with by the authorities.

As for the church. 200 Million Christians are currently denied fundamental human rights because of their faith worldwide. It's unfortunate that the Monseigneur didn't reopen the doors immediately and allow people in once they had been searched for weapons. Both for the community and for the sake of solidarity with the 200 Million Christians who are oppressed.

2012-12-16 2:12 PM
in reply to: #4535429

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Subject: RE: Irresponsible gun owners
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