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May 23, 2013
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Supreme Court Considers Second AmendmentPosted on Mar 18, 2008
The Supreme Court examined the District of Columbia’s handgun ban Tuesday, a case that could at last yield a conclusive ruling on the Second Amendment. So far, it doesn’t look good for gun control advocates. Justice Anthony Kennedy, who has sadly become the swing vote on a conservative court, seemed to agree that Americans have a right to arms, even if they aren’t part of a well-regulated militia.
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By Jay, July 1, 2008 at 5:08 pm Link to this comment
(Unregistered commenter)
It’s clear what the authors of the Bill of Rights meant and the Supreme Court just affirmed it. If you want to change the law then change the Bill of Rights. The court or at least 5 member of the court applied the law properly.
Report thisI am tired of totalitarian judges who base rulings on their personal opinion of what they think is good policy. Here is a novel idea, let the people we ELECT make policy and confine judges to interpereting the law. I wonder if our founding fathers thought of that idea…oh yea THEY DID!
By fred kleedorfer, April 5, 2008 at 9:38 am Link to this comment
(Unregistered commenter)
Hey Eric! I don’t know what world Kiwi lives in but he better wake up before a tank rolls down his street and somebody drags him out of his house when trying in this day and age to speak out against the government of a dictatorship or police state not armed. Kiwi read your history. What would have happened to us in America if we did not have guns to fight the British. Throw harsh words.Disarm a nation and see what happens next. Our country is protected by the citizens if the military or government falls. What will you do to an invading force? Cook’em breakfast?! With our military spread across the world protecting everyone else where do we stand? God, Guns, and Guts Keeps us free. I will fight for it till the end!
Report thisBy Tommar, April 3, 2008 at 12:01 pm Link to this comment
(Unregistered commenter)
I should think it sad that we, the American people my people, may be having this argument somewhere ages hence and, although our voices held softly as not to penetrate the walls of our dingy confines, the rhetoric will possess the same sting as the hands of the guards outside them. Shame, the liberal minded regard us as enemies when, the undeniable truth is, we will all suffer the same eventuality.
Report thisIt humors me when I hear the words gun control and safety uttered in the same breath, as if they are the same thing! Besides, when did safety become as paramount as to displace our voracity for liberty? Especially when speaking of the version whose definition is so highly regarded in this thread; the perceived sense that a greater force, our government, is protecting you. Franklin said it best, Those who would sacrifice liberty for security shall lose both and deserve neither! he knew that true safety comes from our freedom to choose and, most importantly, our ability, our right, to defend those choices.
By Kiwi, March 30, 2008 at 9:15 pm Link to this comment
There has NEVER been an armed car jacking in New Zealand. There are NO HAND GUNS either apart from those in the hands of the policeand ilitary .( And our police dont carry guns on patrol either -except at our International airports)The odd crime involving guns are with hunting rifles or sawn-off shotguns. You confirm my belief . The fewer the guns the safer the society
Report thisBy fred kleedorfer, March 30, 2008 at 5:03 am Link to this comment
(Unregistered commenter)
I can’t agree with you more. Finally another true patriot that knows the price of losing the second amendment.
Report thisBy fred kleedorfer, March 30, 2008 at 4:58 am Link to this comment
(Unregistered commenter)
Lets look at this.Car jacking your vehicle. A family
Report thisis driving home one evening and a would be car jacker attempts to take your vehicle by force. Your spouce reaches in the glove compartment and pulls a 357 and shoots the would be car jacker.Same family without the gun is killed by the car jacker. But your car was safely made. For who? You can blow all the smoke you want about the second amendment and the right to bear arms but some ass**** attempts to steal my vehicle or hurt my family he better have 911 on speed dail.
By fred kleedorfer, March 27, 2008 at 1:48 am Link to this comment
(Unregistered commenter)
For every non gun owner or anyone who wants to take away our right to bear arms don’t you liberals get it. This right is the only way you are protected from tyranny and attack foriegn or domestic. Take away your gun and you might as well get rid of the rest of your rights because that would follow. I’m tired of hearing about how many people die due to hand guns. What about drunk drivers? Ban cars and drink? Ha! lets see that happen.And as far as assault weapons, a true assault weapon is discribed as full auto. Do you have one? I don’t.A recent article released from gun grabbers state that 200,000 people a day die world wide from AK-47s. Yea, how many from war? Don’t tell you that! Keep the guns.
Report thisBy Conservative Yankee, March 21, 2008 at 5:28 am Link to this comment
(Unregistered commenter)
I like my 1946 Winchester Model 12 Pump 12 gauge. It is a great home protection piece. you don’t even have to fire it, just one pump in a dark room, and all you hear is running feet!
AND if you do have to fire it, you don’t have to have good eyesight or a great aim. just point in the general direction of what you want to hit, and you are sure to get a piece of it!!!
It will be mine till they pry it from my cold dead hand!
Report thisBy Kiwi, March 20, 2008 at 1:55 pm Link to this comment
I do live in a country that does not give it citzens the right to bear arms and I am glad to. That is why our murder rate is only about 1/5 that of the USA’s
Report thisAnd if so many americans are afraid of there govt. getting so out of control they need to arm themselves they should work towards changing there system. I cant imagine, nor do i know anyone who can, feeling that way about our government We know if enough people dont like what they are doing we can do something legally about it.
By J, March 20, 2008 at 12:26 pm Link to this comment
(Unregistered commenter)
Purple Girl, You’re making my point from my earlier post to 1twenty1 that proponents of gun-owner control don’t take the trouble to read about guns before forming opinions. “Automatic” weapons are illegal across the country unless one holds a machine-gun license and registers each piece. As for the guns you refer to as semi-autos, these are actually auto-reloading rifles, shotguns or handguns. They have many sporting uses, including skeet and trap shooting, duck hunting, handgun competion shooting (very popular) and many other legitimate uses by honest gunowners. This includes self-defense.
Personally, I prefer an old fashion double-action revolver. My 357 mag using high-pressure rounds, is probably the most effective and trouble-free (jam-free) self-defense handgun ever developed.
It’s worth mentioning that if those many young women who have been killed during their late night or solitary walks had been properly trained to protect themselves, they would be alive today. This involves practice and training, of course, to instill confidence and competence with a gun. A good place for these women to start is NOT an autoloader of any kind. It is a small hammerless or rounded-spur 5-shot 38-Special (caliber) revolver, loaded with fast-expanding Remington 110-grain SJHP semi-jacketed hollow-point ammo.
If under deadly assault, break free with a heel strike to bridge of foot or eye poke or whatever, step back and unload all five into the attacker’s clavicle. He’ll drop like a bad of stones.
It’s critical, though, that any person using a gun for defense has to practice often and be fully aware of legal constraints on the use of deadly force.
Report thisBy Conservative Yankee, March 20, 2008 at 8:04 am Link to this comment
(Unregistered commenter)
Funny, the murder of John Lennon made me appreciate guns even more.
C’est la vie
Report thisBy Expat, March 20, 2008 at 5:58 am Link to this comment
^ republicans love guns and may even shoot each other. Minorities and assorted criminals, armed with all sorts of firepower, will wipe each other out: Look at the plus side; only a few of us “respectable citizens” will be killed in random homicides. Small price to pay for the benefits, eh? My Modest Proposal. Viva 2nd Amendment!
Report thisBy Purple Girl, March 20, 2008 at 3:17 am Link to this comment
Since the murder of John Lennon, I have Considered Handguns an unnecessary evil. But as any good Gun opponent knows- People Kill People, regardless of the weapon. handguns have no other purpase than Homocide , same for Auto & Semi Auto weapons- Neither are designed for recreational hunting.
Report thisbut as an American I also realize it is OUR Right to bear arms to defend ourselves, not just from random violence but also from tyrannical Gov’t Power and Oppression- as in the term ‘Militia’. Being a Michigander I am (as is the rest of the country0 aware We have a ‘Militia’ - However, I don’t follw their doctrine nor Philosophy-Blowing up Federal Buildings is not the answer. But should the day come inwhich I must bear Arms to Protect and Defend this country and it’s constitution-from foreign or Domestic enemies, I will do so and should not have to ‘buy’ into or join a Organized group to do so.
DC’s law is Unconstitutional, it gives thoe who disregard Laws an Unfair advantage over lawbiding citizens. The Majors suggestion tha tit has curbed violent crime is BS. The probelms in DC (other than the obvious crimes being comittted by the so called gov’t) are a result of failed leadership. Instead of striping the citizens of their 2nd Amend rights- the Mayor should be focusing on the Human condition that causes the violence- try raising the people out of poverty, drug abuse and alienation- Reconsider the factors that provoke such crimes, because whether is is a handgun or a knife people will die at the hands of those who feel they have no options
By driving bear, March 20, 2008 at 2:47 am Link to this comment
I think you need to look at this from a point of capability not type of firearm. Up until WW I the firearms owned by the private citizens were equal and in many cases better than those of the government including the military.
Report thisBy Eric, March 19, 2008 at 10:42 pm Link to this comment
(Unregistered commenter)
The whole “gun-loving culture” idea is rediculous. Citizens have the right to protect themselves against criminals or an out of control government. The government has absolutely no right to regulate or curtail this right and I believe the SC will state as such. If you do not like a country that protects a citizens right to arm themselves then I suggest you move to a country that does not have that right, such as China, Cuba, Mexico, etc.
More guns = less crime
Report thisBy 1twenty1, March 19, 2008 at 7:57 pm Link to this comment
Jo. Have you ever fabricated a part for your gun? I fabricated an ejection pawl for my CZ 52. Worked real good. By the way, I bought 500 rounds when I bought it too. Fmjs. Come on down we’ll shoot somebody’s cats or whatever sounds fun to you. My wife still can’t get over how tiny it was.
Report thisBy DennisD, March 19, 2008 at 4:19 pm Link to this comment
(Unregistered commenter)
If you feel threatened, incapable or afraid to own a gun don’t own one.
When the anti-gun people have collected all the guns from all the “bad” people out there and can be “positively sure” they won’t get others, come see me, I’ll consider giving up mine. Since we know the first part will never happen why consider the second.
J.S. - BTW the drafters, not having a time machine, couldn’t foresee any type of weapons but muskets. They wrote about what they knew. The weapons may have changed since the beginning of time but your basic right of self defense by any means necessary hasn’t.
No court can give that to you or take it from you.
Report thisBy Kiwi, March 19, 2008 at 12:39 pm Link to this comment
niloroth
Report thisSo what does your state do about illegal weapons and getting them out of society? And if your road toll is 4 times higher what are the authorities doing about that? nobody talks about banning cars because the road death toll is basically accepted as part of the price society pays for the benefits of their use.
Miminising it is the solution. Our death toll is less than half that it was 20 years ago with massively more cars. Stricter standards of car safety, enforced drink driving laws instant fines for non registration or WOFs and education campaigns have done this. Same approach should be applied to guns
Lokietik proves my point -So many americans are willing to accept the level of gun related deaths for the perceived safety of having a gun loving culture
By Joe, March 19, 2008 at 11:58 am Link to this comment
(Unregistered commenter)
1twenty1, Thank you for your humorous reply to my snotty post. By your first post I got the impression you had bought a handgun unsuited to your needs. I only thought you were a chick because you talked like one. But that’s okay, because I am an even greater danger to society: an asshole with a gun. You’re even right about me having a small penis. I’ve already apologized to your wife.
Report thisBy ender, March 19, 2008 at 11:14 am Link to this comment
but I do not trust my Gov’t. Particularly under the authoritarian regimes that will continue to be pushed upon us by the PNAC think tank Empirialist that we have suffured under for the last 7 yrs.
I have no problem with background checks or cool down periods, but I believe in gun ownership for the same second amendment rights our founding fathers envisioned. I also believe that Thomas Jefferson’s “forty years” between revolutions is past due.
I’m ready to do my part. Are You?
Report thisBy P. T., March 19, 2008 at 8:42 am Link to this comment
What kind of arms don’t people have a right to keep and bear?
Report thisBy 1twenty1, March 19, 2008 at 8:31 am Link to this comment
With all due respect, Joe, I live in Arkansas: ground zero for gun ownership. I have been around guns all my life and certainly know how to handle and respect a firearm. I am currently living with my brother, an NRA lifetime member. I know all the arguments. And by the way, Joe, I am a man, not a woman. Am I to assume that you have a small penis since you are obviously an avid gun owner?
Gun laws have never been able to bring back a dead loved one after senseless gun usage. And with government weaponery as sophisticated as it now is our little ‘pop guns’ will be virtually useless aginst ‘government tyrany’ anyway.
From what I gather of your comment on my Kent State comment, many more students should have died by flinging themselves between firing authorties and their fellow students in order to protect them.
I stand behind my opinion: There are too many guns in this country and they are too easy to get.
Report thisBy jackpine savage, March 19, 2008 at 4:57 am Link to this comment
If you read the other statements about the second Amendment that the framers wrote, the matter becomes a little more clear. They were obsessed with checks and balances, and the second amendment was the final check against government tyranny.
Of course, everything was different then…from the conception of “militia” to the size and structure of the nation to the character of the people.
We the People are highly unlikely to actually defend ourselves (or even raise a peep) against government tyranny with our guns; moreover, our ability to own guns has provided a convenient excuse for militarizing law enforcement. So generally speaking, the forces of government tyranny are better armed (unless the SCOTUS declares that i can own a Bradley) than the population, and the point is moot.
Few, if any, Americans are going to use their arms stop the authorities from dragging away their neighbors…they’re more likely to use those arms on their neighbors.
It’s just another one of those passages of the Constitution that makes us feel better through rhetoric. I mean, really, it’s just a god damned piece of paper…
Report thisBy niloroth, March 19, 2008 at 4:54 am Link to this comment
The process for getting a carriers permit in my state is just as involved as the gun permit you talk about in NZ. However, most of those people killed by guns are killed by guns owned illegally.
4 Times as many people died in 2006 in car related accidents. Where is the call for banning cars?
Report thisBy sibyfi, March 19, 2008 at 4:51 am Link to this comment
The city just north of me has an ordnance requiring every citizen to own a gun. Coincidentally, they have zero crime.
Report thisBy jackpine savage, March 19, 2008 at 4:46 am Link to this comment
The drafters of the amendment didn’t even repeating rifles in mind; they were thinking muskets.
Report thisBy felicity, March 19, 2008 at 3:24 am Link to this comment
Curiouser and curiouser that gun-advocating pols push gun ownership in my neighborhood but have outlawed it in their neighborhood. What’s that all about?
Report thisBy Kiwi, March 18, 2008 at 10:45 pm Link to this comment
You all need guns because so many others have guns? that sounds a recipe for a downward spiral towards an ever increasing gun deaths rate. In 2004 there were 11,624 gun related murders in the US (29,569 deaths altogether) Britain had 73 Australia 56 and New Zealand 5! It seems that so many americans love the gun culture so much they are willing to accept so many deaths, to pay such a high price as a society for their beliefs. To get a gun permit in NZ you have to, among other things, give the names of two character witnesses and believe me the police do go and interview them thoroughly. Sure our criminals get their hands on guns and once or twice a year there is a holdup where if the victim had had a gun he/she wouldnt have died. But the american way seems to make the “cure” far far worse than the disease. Americans dont seem more free than in other western countries. Why is it worth the huge cost/
Report thisBy Joe, March 18, 2008 at 8:41 pm Link to this comment
(Unregistered commenter)
1twenty1, forgive me for this but anyone who can be “talked into” buying an autoloader is a danger to anyone around her. I have found that advocates of gun-owner control almost never know a thing about firearms, ballistics, ammunition, safe handling or gun law. In any State, even those like Vermont (very low crime), which do not require a carry-permit, it is a felony to fire a gun at someone unless you or an innocent other are in imminent danger of being killed.
Report thisThe gray areas involve things like pointing a gun at an unarmed carjacker or someone who makes credible verbal threats. Showing the gun is often permissible, especially if the unarmed adversary is capable of wresting it from you in a fight. Actually firing the gun AND hitting the person enters a different and very painful realm in the legal system. The Kent State argument is irrelevant since any innocents being fired upon not only have a right, but a duty, to protect those being wrongfully attacked if running or cover are not available.
By Lokietik, March 18, 2008 at 8:29 pm Link to this comment
(Unregistered commenter)
I understand why people wish there were no guns, but for those of us who are smaller and weaker than most, they can literally be a lifesaver. When armed, women, the elderly and disabled people are not at the mercy of any vicious bully who encounters them, or breaks into their home.
Report thisPrior to the invention of firearms, the strong arm ruled. Now anyone who is willing to invest in some training can travel through life knowing that they are able to effectively defend themselves from assault.
Firearms can be a problem, but in thousands of cases every year they are used to defend honest people from hoodlums.
By mike, March 18, 2008 at 7:40 pm Link to this comment
(Unregistered commenter)
It doesn’t matter what kind of gun. The point is to protect ourselves from Tyranny. Which as of late is becoming a very real threat. Every time in history that guns were removed from the population GENOCIDE followed at the hands of tyrannical governments. An Armed populace is a polite populace.
Report thisBy 1twenty1, March 18, 2008 at 7:18 pm Link to this comment
It is understandable, given the existing circumstances at the time, why we have our Second Amendment rights. And while the firearm has played a significant, and notably infamous role as well, in the expansion and settlement of this country; I find myself [even owning 9mm and .380 handguns (talked into buying the 9 and inheriting the other)] wishing we had never been granted this right. Yes, now we all need guns, because so many others have guns.
Yes, both abortion and gun-ownership, are zero-sum entities. There are equal arguments on both sides of the equations. There are winners and losers regardless of legislative edict.
Maybe states should be returned the right to limit abortions and maybe obtaining a handgun should become much, much more difficult.
All I know is that I would rather have confidence that my college-age daughter be safe from gun violence on campus over worring whether she might choose aborting life inside of her in the future.
And finally, to those who would advocate students being allowed to carry guns on campus; can you imagine how much worse of a bloodbath would have occured at Kent State had the students been armed?
Report thisBy cyrena, March 18, 2008 at 6:27 pm Link to this comment
Interesting point P.T., but the Court isn’t likely to address it…at least not this court.
The understanding is ‘fire arms’ as in guns..any kind of guns. Whatever kind of guns were in use at the time of the drafting of this amendment. Whatever kind were used in militias. (so, what did they use back then, muskets?)
Anyway, the drafters of the amendment probably didn’t have full or semi-automatics in mind, or hand guns, or any of that.
But, the court doesn’t appear willing (or maybe even able) to address that from a constitutional view.
Report thisBy P. T., March 18, 2008 at 6:11 pm Link to this comment
Saying people have a right to keep and bear arms is inane unless one explains what kind of arms. Any kind?
Report thisBy jbart, March 18, 2008 at 4:27 pm Link to this comment
(Unregistered commenter)
If you follow the theory of those “crazy” conspiracy theorists…All of a sudden gun ownership is a BAD thing ?? The “crazies” have predicted/theorized that gun ownership has now become the opposite of what was “totally” supported earlier. Is this due to data that supports control, or does it indicate” the plan” in place for total control. They “used” the gun lobby for political power/control but, now, that they have a greater degree of control, it (the ownership of lethal weaponry) needs to be controlled/eradicated.They needed you “gun freaks, that used the Constitution to justify that right, and “NOW” want to rescind it to protect themselves from the “harm” MADE possible of said possession/rights. I say that you “gun guys” fight like hell to keep these business guys wary. While Im against the possession and, subsequent use of deadly instruments, I think it ironic that those that were elected to maintain your gun control rights are afraid to be victims of that ability.
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