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#41 (permalink) |
Junkie
Location: Right here
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bear,
The Constitution isn't a document about the states, it's a *federal* document. Before the 14th amendement, citizens generally thought of themselves as citizens of say, New York, or Mass., or Georgia, etc. People weren't at that time accustomed to thinking of themselves part of a collective whole of states. The relevant history for this is that when the Constution was ratified, our beginning nation was experiencing a number of problems. You probably already know that everyone was concerned over having too strong of a central government and court system, but without a unified system the states were having problems paying back their debts. Two main factions formed around how to resolve some of these issues: the federalist and the anti-federalists. The federalists wanted a strong central judiciary, a powerful court system, and they were concerned about our nation being governed by a majority. The anti-federalists wanted a weak central government, a less powerful court system, and they were concerned that states rights would be lost in the shuffle. To resolve most of this, the two factions agreed that they would form a system of government with each branch controlling different aspects. So they oulined the executive branch and the legislative branch (as an example of how these compromises played out, we have a Congress comprised of a House of Reps where the population determines the members in conjunction with a Senate where each state has equal representation. I can't remember the respective plans each faction introduced, but if you google "connectcut plan" I think that's the one they reached, or it's one of the three and you'll be able to read about the other two.). Initially, the judicial branch was given the least amount of detail and this leads some scholars to believe that it was supposed to be least powerful branch and others to suspect that by not nailing down the details, it gave the federalists a springboard to add on to the judicial branch's power later on. The Bill of Rights was a concession to the anti-federalists' fear of a central federal government over-running states' abilities to govern their citizens. It's written as a check against the federal government and the 10th amendment would actually support my points, not detract from them. I'm not sure what kind of split you thought I was making about whether the Constitution is written for the feds or the states, but all the Constitution was about was how the federal government was going to operate. The Bill of Rights was introduced to ensure that the feds couldn't strip certain rights from the states. In this context, that means that Congress is restricted from passing laws outlawing guns from New York residents. But it never meant that New York could was limited in it's ability to pass laws barring it's own residents owning guns. It wasn't until the 14th amendment that the Bill of Rights were applied to individual members in each state protecting them from their own state governments and laws. And I wrote that we *think* it means that all of the Bill of Rights apply, when in fact the USSC has only ruled on some of them. In any case, as written, the 14th amendment doesn't apply to cities such as DC. It's not a state. The minority opinion is almost certainly legally correct. I'm not on the Supreme Court, so I can't tell you definatively how they would rule, but her logic is sound. Have you read your state consitution recently? Why do you think California and Oregon constitutions guarantee their citizens the right to free speech and protections against unlawful searches and seizures (both ratified about a hundred years after the BoR were already in place)? I don't know other states off-hand, but I would be surprised to find that it does not mention rights very similar (or same) to those mentioned in the BoR.
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"The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann "You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman Last edited by smooth; 03-12-2007 at 09:30 PM.. |
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#42 (permalink) |
Addict
Location: Spring, Texas
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I guess that it might be hard for someone who didn't grow up in the US to understand our way of thinking. At times I find myself looking at news from other countries and think WTF? myself. However that is the way THEY grew up. I just see our rights as just that: rights given to us by our Constitution. Do you honestly think that because we want to own a handgun, that we are fascinated by owning it? Can't you just believe that we CHOOSE to own one, not think we MUST own one. There are many other rights given to us by our Constitution, do you think we shoud just give them up as well? I think it is GREAT that women can vote now, and support them that right...Does that make me "fascinated" with women voting? We have freedom of religion, this causes MANY disagreements amoung the populace...should we just ban religion all-together unless it is Christianity because we are "fascinated" by religion? Police must secure a search warrant to enter our homes, but we have people who commit illegal activities in their home all the time...Should we just ban the 4th Amendment so the police can enter our home any time they want? Hell Charlatan, I can get alot more work done, and done cheaper, by slaves than if I had to pay an employee; lets abolish the 13th Amendment so I can own slaves!
.......Can you see where this is going? Once you start taking away civil liberties, where does it end? We MUST as an individual person, FORM a collective society to police OURSELVES as much as our government. If you look at history where states have actually enacted the Concealed Weapons permit, allowing LICENSED individuals to carry a handgun on their person in certain LEGAL locations, you will find that OVERALL crimes against persons have gone DOWN not up. Most criminals KNOW that in many states, people are allowed to carry, therefore their RISK of attacking someone is greater. This has caused a DECREASE in personal crime. The statistics you find where people are murdered or killed violently are done so by persons who are NOT legally allowed to own a handgun. They are done by criminals. Unless you want to live in a police state, the individual MUST be allowed to protect themself. Now you might be saying "well lets not take this to extremes here Deltona, that is NOT what I am saying." But JUST as YOU are saying that handguns should be banned, other people are saying that women shouldn't be allowed to vote; that the African-American populace should be deported; that we should allow the police to enter our homes any time they wish. It is true, there ARE people out there like that. It is the job of our Constitution to protect THEM, as well as let us protect ourselves. So where should it end? Why do you think we have Amendments? They are the PEOPLES way of telling the GOVERNMENT how it should be run. Not the Government telling the PEOPLE how they are going to do things. *puts on flame-retardent suit*....lol ![]()
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"It is not that I have failed, but that I have found 10,000 ways that it DOESN'T work!" --Thomas Edison ![]() |
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#43 (permalink) | |||
Junkie
Location: bedford, tx
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"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." |
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#44 (permalink) | |
Junkie
Location: Right here
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Sec. 11. That no person shall be deprived of his life, liberty, or property without due process of law; I pointed this out earlier. States have their own constitutions. You could have looked this up yourself. If the federal BoR were intended to apply to relations between states and people, why do you think every state constitution has the same (or enhanced) protections in their own constitutions? Now that the 14th Amendment has been in operation, some of the BoR have been extended across all states. That doesn't mean all of them have. Additionally, it may very well be that the 14th amendment's due process clause has been ruled to apply to the DC residents, or it may not. I haven't researched that particular situation. But it's irrelevant because Virginia already has it covered under article 1, section 11.
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"The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann "You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman |
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#45 (permalink) |
Junkie
Location: bedford, tx
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Before the infamous dred scott and cruikshank decisions, there was zero reason to think or believe that the bill of rights only applied to the federal government. An individual doesn't have inalienable rights that the federal government can't intrude upon, but the states can freely do so as long as it's not in their state constitutions. That ideology is patently absurd. The reason that a constitution is made is to enumerate powers to the government, not tell the people what rights they've been given.(since 'the people' have all their rights)
The ONLY reason that the incorporation doctrine was invented by the supreme court was so the individual states could still have their 'black codes' that the feds could not jack with. This was the cruikshank case in 1876. It was AFTER a black man named Ed Johnson was tried, convicted, and sentenced to death but lynched when his execution had been stayed pending appeal. The only time the Supreme Court presided over a trial, one Sheriff Joseph Shipp, for complicity in the lynching which denied a constitution right, the right of due process, to a black man. The first time the USSC applied the bill of rights against the states, starting the incorporation doctrine. For a better read of this history, go Here
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"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." |
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#46 (permalink) | |||
Junkie
Location: Right here
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First of all, there is nothing in anything you've posted, other than your opinion, that substantiates your claim that "An individual doesn't have inalienable rights that the federal government can't intrude upon, but the states can freely do so as long as it's not in their state constitutions. That ideology is patently absurd."
That is the very essense of federalism--dual sovereignty. The federal constitution places restrictions on what the *federal* government can do to individuals. The BoR was never intended to interfere with how the states dealt with their own citizens in their own court systems. The states have always been able to do what they want with their citizens. *Now*, the states are only able to do what they want with their citizens so long as it is accordance with the federal government's bare minimum of protections. I don't feel the need to fight this issue with you, our nation already resolved its recalcitrant states' beef with federal sovereignty by 1865. What I find strange is that you post links you think support your argument, yet whenever I take the time to read them I find them in opposition to your claims. For example, this is from the link you provided on the Shipp case: Quote:
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So it appears that not only is my point that the federal constitution was not historically applied to state proceedings correct, it seems these protections were not all applied to state proceedings even *after* the 14th amendment had been in effect (which I also stated)...this by your own evidence. Now, out of curiosity, you claim that Shipp was the first time the court applied the BoR against the states. You also claim his trial was due to denying a black man's "due process." The BoR are the first 10 amendments of the constitution, and does not include the 14th amendment. Yet, if what I am saying is untrue about the BoR not intended to be applied to the states, what possible reason would there be a right to due process in the 5th amendment, and the *same* right in the 14th? And why would this article discuss the 14th amendment and not the 5th when it details the jurisdictional issues? I found an alternate analysis. This analysis argues for the 2nd Amend. to apply to DC because it falls under federal jurisdiction. Notice, however, that he doesn't dispute what I've been claiming--that the BoR applied to the feds and that the 14th doesn't require the states to recognize all of the amendments. Quote:
So here the author arrives at an alternate conclusion than I, based on a different legal theory of how one interprets the status of DC as a non-state entity in the US. That's fine, and it's these variances of legal arguments that led me to not definatively state whether the USSC would agree or disagree with the minority opinion...even if her logic was sound.
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"The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann "You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman Last edited by smooth; 03-14-2007 at 12:39 AM.. |
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#47 (permalink) |
Junkie
Location: bedford, tx
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Q. Why weren't the BoR applied to the states before 1865?
A. It didn't need to be. The states treated their WHITE citizens according to the constitution while BLACKS had no rights. Q. WHY was the 14th amendment created? A. Because a racist majority supreme court refused to accept that BLACKS had rights according to the US constitution via the 13th Amendment, THEREFORE, their decision in Cruikshank eliminated federal intervention in the way states treated their newly freedmen by saying that the constitution only applied to the federal government. Answer this....WHY did it take 80 years to figure out that the US BoR didn't apply to the states?
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"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." Last edited by dksuddeth; 03-14-2007 at 05:32 AM.. Reason: someone objected to a question |
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#48 (permalink) | ||
Junkie
Location: Right here
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dksuddeth, you need to check your history...it didn't take our nation 80 years to figure out that the BoR didn't extend to the states, Congress rejected the notion outright before they ratified the Constitution:
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"The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann "You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman Last edited by smooth; 03-14-2007 at 06:08 AM.. |
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#49 (permalink) | |
Junkie
Location: bedford, tx
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"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." Last edited by dksuddeth; 03-14-2007 at 05:37 AM.. |
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#50 (permalink) |
Junkie
Location: Right here
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I honestly don't know how to respond to your last question.
I mean, I'm not taking any one judge's remarks/decisions at face value so your premise is flawed. But aside from that, I'm synthesizing what I learned about the reasons for drafting a federal constitution, how that meshes with the need for state's rights, what that meant to the residents of those states, how the delegates appeared to have viewed the federal constitution from their writings/comments, how this relates to issues of federalism, how this has played out historically in our nation, and what a broad consensus of legal scholars have taught me and written (unanimous, to my knowledge; you have yet to provide me with a single legal scholar supportive of what you're typing here)...and finally yes, generally speaking, when the US Supreme Court Justices make a decision, it is uncontestable fact. I think given all that, I refuse to be ashamed that my analysis rests on these principles and facts. It doesn't make me a sheep, if that's what you're implying. It's the way our legal system operates, to my knowledge. I'm not an anarchist when I wear this hat. How I professionally orient to this information is a seperate matter from how I might personally orient to the notion of marching on the government and burning shit to the ground, however...
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"The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann "You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman |
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#51 (permalink) |
Junkie
Location: bedford, tx
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then I'm extremely confused by your position. What I'm reading is that you believe the dissenting opinion is most logically correct because the 2nd Amendment hasn't been incorporated in to the 14th, yet DC is not a state so it could never be applied to it anyway, but how does that work with the other amendments being applied to DC, since it is not a state?
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"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." |
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#52 (permalink) |
Junkie
Location: Right here
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I finally sourced a copy of the ruling.
http://www.drudgereport.com/04-7041a.pdf Henderson's dissent begins on page 59.
__________________
"The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann "You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman Last edited by smooth; 03-14-2007 at 12:42 PM.. |
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#53 (permalink) | |
Junkie
Location: bedford, tx
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Supreme Court to decide on Handgun Ban in D.C.
http://www.breitbart.com/article.php...show_article=1 Quote:
My personal prediction is a 6-3 ruling for an individual right with souter, breyer, and stevens in the dissent.
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"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." |
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#56 (permalink) |
... a sort of licensed troubleshooter.
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I don't actually support the DC gun ban, btw. Any idiot can see that having a gun ban in a major city that's right next to a state with virtually no gun laws is a bad idea and is just asking for a high crime rate. The ruling of constitutionality is a bad way to go about doing this, though. One should simply weigh the situation and make a reasonable decision.
The problem with ruling gun bans as unconstitutional means that if, say, Hawaii were to instigate a gun ban (which would be VERY effective, see UK), it would be struck down as unconstitutional. That would ultimately be to the detriment of citizens of the US, and I can't really support it. So when the gun ban is overturned it will be a victory for DC, but ultimately a loss. |
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#57 (permalink) | |
Junkie
Location: bedford, tx
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__________________
"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." |
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#58 (permalink) | ||
... a sort of licensed troubleshooter.
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Banning guns in DC was a stupid idea. If you want to give a gun ban a shot (no pun intended), you should do it in an area where there are already very strong gun restrictions and measures. There is a reason that it is working so well in the UK. The UK isn't walking distance from West Virginia. Quote:
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#59 (permalink) | |
Junkie
Location: bedford, tx
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regardless, an individual rights ruling would be just a start. It would certainly put the other circuits that have ruled 'collective' rights on their heads. Although this will most certainly be a narrow ruling, I look forward to the hearings.
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"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." |
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#60 (permalink) | ||
... a sort of licensed troubleshooter.
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#61 (permalink) | |
Myrmidon
Location: In the twilight and mist.
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Just out of curiousity, how do you think that gun crime or crime in general is in the UK? Mebbe I'm wrong, but from what I understand it's gotten so out of control they're contemplating banning kitchen knives over a certain length. Every time I call my buddy over there he tells me about someone else getting shot, in a country with NO legal civillian firearm ownership. I wish you peeps would come to Montana, last Saturday night I walked into the bar here in town and there were dozens of guns leaning up against the bar (hunting season) with their owners getting plastered and nary a worry or problem. It's truly eye opening.
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Ron Paul '08 Vote for Freedom Go ahead and google Dr. Ron Paul. You'll like what you read. ![]() Last edited by ziadel; 11-20-2007 at 01:52 PM.. |
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#62 (permalink) | |
Location: Washington DC
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I have never felt threatened in 20+ years of living in Washington DC and I said earlier in this thread that I thought the DC ban was far too restrictive. It will be interesting to see how narrow the Court rules. The majority opinion of the Appeals Court, written by a very conservative judge appointed by Reagan, said explicitly that DC has a right to regulate and require the registration of firearms just not to ban them in homes. In any case, its good to see that a Supreme Court finally took up a second amendment case.
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"The perfect is the enemy of the good." ~ Voltaire |
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#63 (permalink) |
Kiss of Death
Location: Perpetual wind and sorrow
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I seem to remember hearing something about violent crime tripling in UK after the gun ban.
And I agree its about time that the SC took up this case. I am however a little worried at the same time. The 2nd amendment was meant as a means for the citizenry to protect itself/act as a check against an overbearing government. Obviously as such I think it should stand that the citizenry shouldn't be disallowed guns as long as the amendment stands (not that I'm advocating anti-tank uranium depleted sub machine guns..). BUt what happens if the SC rules in favor of the ban? What purpose does the 2nd amendment serve if people can't carry handguns? Not that it matters much anyway, any weapons the citizenry has are far outgunned by anything the government has.
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To win a war you must serve no master but your ambition. |
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#66 (permalink) | |
Kiss of Death
Location: Perpetual wind and sorrow
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You sure Will?
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To win a war you must serve no master but your ambition. |
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#67 (permalink) | |
Gentlemen Farmer
Location: Middle of nowhere, Jersey
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-bear
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It's alot easier to ask for forgiveness then it is to ask for permission. |
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#68 (permalink) | |
Location: Washington DC
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"The perfect is the enemy of the good." ~ Voltaire |
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#70 (permalink) |
The sky calls to us ...
Super Moderator
Location: CT
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This won't do shit for anywhere else in the US. DC is a federal area, and since the Second Amendment hasn't been incorporated yet, I see no reason to expect them to do it now. Maybe Alito will write an opinion that sets a precedent for incorporation, but with 2008 elections coming up, I see no motivation for them to rock the boat and give the left another thing against the GOP by attacking Bush appointees.
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#71 (permalink) | |
Kiss of Death
Location: Perpetual wind and sorrow
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Or whats more asinine, is that gun crime increased under the ban. It would be obviously stated, and the best argument against gun laws is that the vast majority of people are law abiding and don't use guns for crimes, hence they get them legally. Criminals do not care about gun laws.
A new study suggests the use of handguns in crime rose by 40% in the two years after the weapons were banned. The research, commissioned by the Countryside Alliance's Campaign for Shooting, has concluded that existing laws are targeting legitimate users of firearms rather than criminals. Quote:
THe majority of folks do not break the law, with guns, outside of maybe traffic laws. You out law guns so I cannot have them, fine have it your way. Some gabroni who preaches thug life doesn't care and he will still be strapped, without concern for the law.
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To win a war you must serve no master but your ambition. Last edited by Mojo_PeiPei; 11-20-2007 at 11:24 PM.. Reason: Automerged Doublepost |
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#72 (permalink) | |
Junkie
Location: bedford, tx
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__________________
"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." |
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#73 (permalink) | |
Upright
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I assume you must have had one to make such a statement. |
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#74 (permalink) |
... a sort of licensed troubleshooter.
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There are very few reliable gun stats online. It's something I discovered a few years ago in a similar conversation. BTW, it's not poisoning the well, if anything it's ad hominem fallacy as I discussed the credibility of the source, but really it's not a fallacy at all to question the validity of unsubstantiated stats from a gun enthusiast site about gun control. It's perfectly reasonable.
According to a UK Gov website, less than .05% of all crime in the UK is linked to guns. ![]() The gun ban started in 1997. What do you see between 1997 and 2000? Crime did go up 35% in 2003, but that was attributed to drugs, not guns. Gun crime is still VERY low. |
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#75 (permalink) | |
Junkie
Location: bedford, tx
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__________________
"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." |
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#76 (permalink) |
I Confess a Shiver
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Oh, how I wish I lived in a civilized country where otherwise good people didn't believe they need a firearm to fend off other citizens who would do them harm for minor pecuniary gain.
And I wish I hadn't witnessed events to reinforce this behavior in myself. |
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#77 (permalink) |
░
Location: ❤
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There's drugs in the hood.. there's guns in the hood...
I truly speak from experience here, I wish I were not. It is hand in hand combat..eye to eye you die... 15 yrs. old and hardened. Life is relative to some, and all you see on the news is relatives sobbing. I do not profess to have any answers.... I am so tired. |
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#78 (permalink) | |
... a sort of licensed troubleshooter.
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#79 (permalink) | |
The sky calls to us ...
Super Moderator
Location: CT
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ban, gun, overturned |
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