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dksuddeth · 05-15-2006, 12:15 PM

I'll concede on mixing up the two offenses. Thank you for pointing that out to me.

On the weapon registration. It is a federal law (NFA 1934) that shotguns with barrels under 18" in length must be registered with the ATF, owner must pay $200 revenue tax, and the county sheriff needs to approve, in writing, that the weapon can be owned. I don't agree with this law, but there it is.

In California, the state does indeed get to narrow the list of what weapons they will allow their citizens to own and which ones they can't, but this cannot override any federal laws. For example, fed law states that nobody can own a machine gun manufactured AFTER May 1986, so california couldn't negate that law for their state. They can add weapons to the list of restricted or banned weapons, as they have done with their own version of the assault weapons ban.

With regards to inherent rights of keeping and bearing arms (carrying), the 9th circuit court of appeals has effectively handcuffed all citizens in the 9th circuit jurisdiction with the decision that the 2A is ONLY a right of the states to maintain a militia. Until the supreme court gets off of its duff and makes the ruling consistent with congressional findings of historical fact, nothing can be done about this. Just because the courts rule a gun ban or gun control law constitutional, does not mean they are right.

there are very limited avenues of crime prevention. We do not live in 'the minority report', but there are some situations where action can be taken to prevent a greater crime.

"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege."
--- Arkansas Supreme Court, Wilson v. State (1878)
I was mistaken as to who said this but there it is. Don't interpret this too narrowly and construe 'army pistols' with it meaning 'well regulated militia'.

05-15-2006, 12:15 PM	#174 (permalink)
dksuddeth Junkie Location: bedford, tx	I'll concede on mixing up the two offenses. Thank you for pointing that out to me. On the weapon registration. It is a federal law (NFA 1934) that shotguns with barrels under 18" in length must be registered with the ATF, owner must pay $200 revenue tax, and the county sheriff needs to approve, in writing, that the weapon can be owned. I don't agree with this law, but there it is. In California, the state does indeed get to narrow the list of what weapons they will allow their citizens to own and which ones they can't, but this cannot override any federal laws. For example, fed law states that nobody can own a machine gun manufactured AFTER May 1986, so california couldn't negate that law for their state. They can add weapons to the list of restricted or banned weapons, as they have done with their own version of the assault weapons ban. With regards to inherent rights of keeping and bearing arms (carrying), the 9th circuit court of appeals has effectively handcuffed all citizens in the 9th circuit jurisdiction with the decision that the 2A is ONLY a right of the states to maintain a militia. Until the supreme court gets off of its duff and makes the ruling consistent with congressional findings of historical fact, nothing can be done about this. Just because the courts rule a gun ban or gun control law constitutional, does not mean they are right. there are very limited avenues of crime prevention. We do not live in 'the minority report', but there are some situations where action can be taken to prevent a greater crime. "If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege." --- Arkansas Supreme Court, Wilson v. State (1878) I was mistaken as to who said this but there it is. Don't interpret this too narrowly and construe 'army pistols' with it meaning 'well regulated militia'. __________________ "no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."