Gun Control

[quote]hungry4more wrote:

Lol well that’s a pretty stupid question on your part, to be blunt. Obviously we CAN restrict felons and mentally ill from owning firearms, because they already DO!

What can be done need be no more complicated in this situation than looking at what is being done.

You’ve got it backwards; the important thing is figuring out what SHOULD be done. The “can” part is blindingly clear. [/quote]

Ok, so the Second Amendment does not provide an absolute right under the Constitution to keep and bear arms? Is that what you are saying? It’s “blindingly clear” that states have this power to restrict gun ownership?

[quote]thunderbolt23 wrote:

[quote]hungry4more wrote:

Lol well that’s a pretty stupid question on your part, to be blunt. Obviously we CAN restrict felons and mentally ill from owning firearms, because they already DO!

What can be done need be no more complicated in this situation than looking at what is being done.

You’ve got it backwards; the important thing is figuring out what SHOULD be done. The “can” part is blindingly clear. [/quote]

Ok, so the Second Amendment does not provide an absolute right under the Constitution to keep and bear arms? Is that what you are saying? It’s “blindingly clear” that states have this power to restrict gun ownership?[/quote]

It seems quite apparent to me that you’ve got me confused for someone else, like AlphaF (She has some good points, but it doesn’t look like I agree with her 100%).

  1. Of course the state CAN restrict who is allowed to own a gun, evidenced by the fact that they do that.

  2. This doesn’t necessarily mean they SHOULD do that, or that it is constitutional for a state to do so.

  3. Personally, I absolutely believe certain people in certain situations should be prohibited from owning guns. Just like certain people should be barred from the rights of life and liberty, and through those, the pursuit of happiness.

Are you playing dumb? I feel like you’re Johnny Knoxville in The Ringer, when he can’t grasp the difference between “can” and “may” when the mentally challenged guy isn’t passing him the mustard (or ketchup, whatever it was).

[quote]hungry4more wrote:

Are you for real? Are you saying prisoners don’t have any rights while incarcerated? [/quote]

No, they do - the rights are just limited in lots of ways for obvious reasons.

[quote]thunderbolt23 wrote:

You’re confused, this isn’t an issue. When a prison is incarcerated, they unquentionably have their rights proscribed. We’re talking about after they have done their time.
[/quote]

Maybe you meant to use a different word then. “Proscribed” would generally mean banned, or prohibited. As in, prisoners are temporarily not allowed to have rights. Just saying they have limited rights would’ve been much more clear.

[quote]hungry4more wrote:

  1. Of course the state CAN restrict who is allowed to own a gun, evidenced by the fact that they do that.

  2. This doesn’t necessarily mean. . .that it is constitutional for a state to do so.[/quote]

This is what I am talking about. I don’t mean “can” or “cannot” in the literal sense, I mean “can” or “cannot” in the legal sense. That is what we are/were talking about.

Can a state legally restrict - that is it can do so without violating the Constitution or the Second Amendment, now literally whether it can simply pass a law - a felon’s right to gun ownership? Or the mentally ill?

Nope, just trying to get some answers on questions.

[quote]hungry4more wrote:

Maybe you meant to use a different word then. “Proscribed” would generally mean banned, or prohibited. As in, prisoners are temporarily not allowed to have rights. Just saying they have limited rights would’ve been much more clear. [/quote]

Nope, proscribed works fine. To prohibit, forbid, circumscribe, retsrict. Thanks.

[quote]thunderbolt23 wrote:

[quote]hungry4more wrote:

  1. Of course the state CAN restrict who is allowed to own a gun, evidenced by the fact that they do that.

  2. This doesn’t necessarily mean. . .that it is constitutional for a state to do so.[/quote]

This is what I am talking about. I don’t mean “can” or “cannot” in the literal sense, I mean “can” or “cannot” in the legal sense. That is what we are/were talking about.

Can a state legally restrict - that is it can do so without violating the Constitution or the Second Amendment, now literally whether it can simply pass a law - a felon’s right to gun ownership? Or the mentally ill?

Nope, just trying to get some answers on questions.[/quote]

Short answer; yes, the state ought to (and constitutionally “can”) restrict who owns guns. Gotta pick up my kid from school, will elaborate more in a bit.

[quote]hungry4more wrote:

Short answer; yes, the state ought to (and constitutionally “can”) restrict who owns guns. [/quote]

Perfectly answered, exactly what I was looking for, thanks. I may not agree 100%, but that is irrelevant for the first point, which is that this is a threshold position a person needs to take (whether yay or nay) before they can start recommending what a state should or shouldn’t do.

I look forward to hearing more from you on this.

[quote]thunderbolt23 wrote:

[quote]JayPierce wrote:

See, tb23? That’s what a real, well-thought-out argument looks like.[/quote]

How would you know?[/quote]
LOL.

[quote]thunderbolt23 wrote:

[quote]hungry4more wrote:

Short answer; yes, the state ought to (and constitutionally “can”) restrict who owns guns. [/quote]

Perfectly answered, exactly what I was looking for, thanks. I may not agree 100%, but that is irrelevant for the first point, which is that this is a threshold position a person needs to take (whether yay or nay) before they can start recommending what a state should or shouldn’t do.

I look forward to hearing more from you on this.[/quote]

Sorry for beating a dead horse tb, but proscribed really wasn’t the best word to use there haha. Not the worst either, but a far cry from being clear.

On to more significant matters:

On the 1st Amendment; Somebody murders a man. Subsequently, the murderer (after receiving a fair trial of course) is proven guilty beyond a reasonable doubt, and is sentenced to death. Was he not just denied his 1st Amendment right to life? Yes he was, because he first violated the rights of another, and an appropriate, equal punishment was imposed upon him.

If someone break into your house, unarmed, presents no threat to you, steals a TV, and is later caught, is the death penalty appropriate? No; the punishment doesn’t fit the crime. Ideally (in my eyes), he should be ordered and forced to return what was stolen, and/or compensate the original owner for it, and then perhaps have some sort of community service, or in the case of modern America, spend time in jail (which to me is ludicrous, but that’s a discussion for another time). The punishment fits the crime, only temporarily denies him any rights (liberty, since he’s being forced to either spend time in jail, do community service without pay, etc), and hopefully convinces him that it’s not worth it to repeat his offense.

Someone stabs another man in a bar fight. He is now a convicted felon. The other man lives, the felon has no violent record. The felon serves his time in prison without incident, pays reparations for the other’s injury, and is now again a free man. Two years later, he has committed no crimes, is gainfully employed, etc. Should this man not be able to own a firearm? I can’t say for 100% certain, but who can?

Someone is mentally challenged. They are stuck in the mindset of a 3 year old for all their adult life, and can only form basic, simple sentences. She typically needs help picking out her outfit day-to-day, cannot read, and can only be involved in the most basic social interactions with strangers. She has no violent history, but quite simply, cannot function in the adult world, or even at a kindergartner’s level. Is there anybody here that honestly thinks she should be allowed to own a gun?

A little bit more that has come to my attention about the Sandy Hook shooting:

I looked up these pictures from “reputable” sources to be as sure as possible that it wasn’t a photoshop trolling, and I’ll post the pics and links here. There are some videos and blogs that show these pics in different settings, and some show different pictures. I got the two pictures from neutral sources that I think show the most similar facial expressions.

This pic is from http://www.kutv.com/news/features/local/stories/vid_2551.shtml

This one is from PHOTOS: Obama Meets With Families of Sandy Hook Victims

Take note of the dress.

[quote]thunderbolt23 wrote:

[quote]Alpha F wrote:

No. The state does not have a right to restrict gun laws in the name of public safety.[/quote]

Hmmmm. I’m not sure the above statement is consistent with this statement:

As I read your second sentence, the state does have a right to evaluate a citizen (or group of citizens by category) and determine whether that person(s) has a “proven record of responsible and law abiding” behavior, and if they don’t, the state may restrict their right to gun ownership.

The condition to enjoyment of the right is being a “responsible and law abiding” person. So, the right is conditional. If you don’t meet the condition, the state may proscribe that right.

Am I reading you correctly so far? [/quote]

No. The condition is on the state not on the citizen.

My sentence above came after this one:

The state is placed in an appointed position of regulated authority by the good standing citizens that support that system.

The power does not rest with the state, it rests with the sovereignty of the individual.

Replace “responsible and law abiding” person with sovereignty of the person.
Persons that are able to exercise their free will aright naturally behave in a responsible and law abiding manner.
They naturally enjoy an absolute right to direct their own lives as a natural corollary of responsible good choices, not as a condition.

No human agency outside himself can take that away from him - that is the true internal state of freedom.

A criminal breaks the law because he does not honor his internal source of authority and does not honor the external source of authority ( the state ).

A free citizen breaks the law because he honors the internal source of authority ( the sovereignty of the individual ) over the external source of authority.

I believe that your analysis and conclusions make sense only if coming from the perspective that the authority/sovereignty/will of the state retains the right over the sovereignty/authority/will of the individuals.

My perspective is the complete opposite: The sovereignty of the individual retains the right over the sovereignty or authority of the state.

[quote]
If this is so, then the state does have a right to restrict gun laws in the name of public safety - contrary to your first sentence - because the entire point of restricting people who are not “responsible and law abiding” citizens (however defined) is to protect society from these irresponsible citizens and their likely dangerous misuse of guns. That is the entire point - public safety.[/quote]

The state has been given the conditional right to restrict citizens that are a threat to public safety in the name of the absolute right of the sovereignty of the individuals.

Can you see my perspective is the direct opposite of yours?

I have already agreed to disagree, a page back.

You may think that the state has power over me. I say it does not because the freedom to chose to honor their authority or mine is always at the power of my hands - guns or no guns.

Historically and in practice, the state claims more and more “rights/authority in the name of public good”.
can they do it? Yes.
Do they have a right? Only if we willingly individually surrender our right to them.

So, I say no I do not surrender and continue to hold myself accountable.

“The just social order respects the liberty of the individual as it requires him to take responsibility
for himself and to assume risks that inhere in his actions; it does not intrude on his natural freedoms, nor try to protect him from himself, nor compensate him for his own mistakes by giving him something taken from others.”

The Psychological Causes of Political Madness - Lyle H Rossiter, Jr., M.D

Same pic, different angle. From Best White House Pictures in 2012

[quote]hungry4more wrote:

Someone stabs another man in a bar fight. He is now a convicted felon. The other man lives, the felon has no violent record. The felon serves his time in prison without incident, pays reparations for the other’s injury, and is now again a free man. Two years later, he has committed no crimes, is gainfully employed, etc. Should this man not be able to own a firearm? I can’t say for 100% certain, but who can?

Someone is mentally challenged. They are stuck in the mindset of a 3 year old for all their adult life, and can only form basic, simple sentences. She typically needs help picking out her outfit day-to-day, cannot read, and can only be involved in the most basic social interactions with strangers. She has no violent history, but quite simply, cannot function in the adult world, or even at a kindergartner’s level. Is there anybody here that honestly thinks she should be allowed to own a gun?[/quote]

I think that in neither case should gun ownership be allowed. In the former case the felon has proven to be prone to violence. Whether or not he’s paid his dues is immaterial. He’s proven that he is not responsible enough to own a weapon in modern society.

In the second case it’s a matter of that person not being an adult (even if they are physically).

james


And again; same girl, same dress. This one is from http://dmnewsi.com/2012/12/15/dmn-in-depth-tragedy-in-connecticut-emilies-dad-pays-tribute-to-slain-daughter/

[quote]hungry4more wrote:

Someone is mentally challenged. They are stuck in the mindset of a 3 year old for all their adult life, and can only form basic, simple sentences. She typically needs help picking out her outfit day-to-day, cannot read,[/quote]
And therefore cannot vote.
Has the state taken her right to vote away? No. She lost it as a natural corollary of her being illiterate.

She has disallowed herself: the state only has authority over her because she is not in possession of her own individual authority.

Jay Pierce,

Thank you for your open minded investigation into this.

I am paying attention.

“Florida school moves away from professor’s claim that Sandy Hook massacre was staged”

[quote]atypical1 wrote:

[quote]hungry4more wrote:

Someone stabs another man in a bar fight. He is now a convicted felon. The other man lives, the felon has no violent record. The felon serves his time in prison without incident, pays reparations for the other’s injury, and is now again a free man. Two years later, he has committed no crimes, is gainfully employed, etc. Should this man not be able to own a firearm? I can’t say for 100% certain, but who can?

Someone is mentally challenged. They are stuck in the mindset of a 3 year old for all their adult life, and can only form basic, simple sentences. She typically needs help picking out her outfit day-to-day, cannot read, and can only be involved in the most basic social interactions with strangers. She has no violent history, but quite simply, cannot function in the adult world, or even at a kindergartner’s level. Is there anybody here that honestly thinks she should be allowed to own a gun?[/quote]

I think that in neither case should gun ownership be allowed. In the former case the felon has proven to be prone to violence. Whether or not he’s paid his dues is immaterial. He’s proven that he is not responsible enough to own a weapon in modern society.

In the second case it’s a matter of that person not being an adult (even if they are physically).

james[/quote]

People who file for bankruptcy also have proven they cannot handle money, or loans, or their bills.

Yet after a period of 7 years, their credit is clear, and they can go about their life anew.

Why shouldn’t a non-violent felon get the same deal ?

[quote]Alpha F wrote:

I believe that your analysis and conclusions make sense only if coming from the perspective that the authority/sovereignty/will of the state retains the right over the sovereignty/authority/will of the individuals.[/quote]

Well, the Constitution - which is what is at issue in this discussion - recognizes my perspective over yours, given that it directly recognizes the government may restrict life, liberty and/or property (in conformance with due process of law). Sovereignty, of course, lies in the people, not the state, but the people endow the state with the power to act with the agency of the people. As part of that endowment, the state has power to restrict life, liberty and property, even in advance of the individual’s violation of his/her own individual “code” of bhavior, or even in defiance of an individual’s own “code” of acceptable behavior.

So, to come straight to the point, I’m not sure there is much point in getting your thoughts on whether gun control laws are constitutional or not since you don’t even agree with the premise that a state can lawfully or legitimately pass a law to restrict a right to begin with, which doesn’t find its basis in any reality we currently live in.

Bottom line: the United States Constitution permits gun control laws (to some limited degree, or without limitation), or it doesn’t permit them. And, at this point, I have no confidence that you have much of an opinion on this either way.

Thanks anyway.