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Gun Control & RKBA
In reply to the discussion: Lawmaker wants military patrols after child's murder [View all]DanTex
(20,709 posts)97. What is it with you guys and being wrong!
The 4 justices who are not right-wingers agreed that 2A does not extend to non-military uses of firearms. Here's a tip. Try reading the Stevens defense before commenting on it (rather than just trusting the NRA press releases and gun blogs).
The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislatures authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.
http://www.law.cornell.edu/supct/html/07-290.ZD.html
As for the opinion polls, I hope you are aware that comfortable majorities of Americans support things like closing the gun show loophole, registration of handguns, banning hi-cap mags, etc. Of course, as I mentioned, majorities also favor the teaching of creationism in schools, and waterboarding terror suspects, etc. That's why I don't base my constitutional or political views on opinion polls.
The reason y'all keep bringing up the polls is very obvious. You can't actually defend the Scalia opinion on its own terms. You can't give any fundamental reason whatsoever as to why the intent of the framers should be disregarded, and 2A should be read to protect gun rights outside of militia use, to such an extreme extent that it forces us to endure by far the highest rates of gun violence in the developed world.
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I've always wondered if perhaps Gary Kleck wasn't inspired to some degree by liberal criminologists
Simo 1939_1940
Dec 2011
#4
But we have registration and licensing, yet anti 2A persons continue to call for more legislation.
Remmah2
Dec 2011
#10
It's always curious that so many pro-gunners really don't know the basic facts surrounding 2A.
DanTex
Dec 2011
#60
Even more curious, that others with less knowledge about it, would be so presumptuous.
beevul
Dec 2011
#67
As I mentioned above, there's more to constitutional interpretation than grammar.
DanTex
Dec 2011
#88
When I read the post, I didn't see much of anything worth responding to, but just for you...
beevul
Dec 2011
#90
That whole argument depends on the assumption that licensing and registration wouldn't do anything.
DanTex
Dec 2011
#35
Speaking of cognitive issues, have you really forgotten our previous discussions about Kleck et al?
DanTex
Dec 2011
#43
"Tens of thousands of people lose their lives every year due to gun violence."
PavePusher
Dec 2011
#45
Actually, the "suicides and accidents don't count" talking point was devised by gun propagandists...
DanTex
Dec 2011
#64
Now you are morphing an argument against including suicides in an inappropriate statistical count...
PavePusher
Dec 2011
#82
It would be a violation of Federal Law to have Federal troops doing police duty.
oneshooter
Dec 2011
#38