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Post by rockymtblue2 on Mar 23, 2015 18:05:31 GMT -5
I suspect I'm the only Home of the Free guy who collects firearms and enjoys target shooting. Well, maybe a few noticed the ATF's effort to ban 223 "ball" or green tip ammunition recently asserting it is personal body armor penetrating and there are now pistols ( concealed hand guns) that will fire it and police are in jeopardy as a result so it should be banned. The premise was flawed. The concealed weapon does not exist - the smallest thing that will fire a 223 round is roughly 21 inches long and 9 inches deep! Essentially a sawed of AR -15. Well, the ATF got caught having violated the Administrative Procedure Act regarding publication of proposed regulations and public hearings, etc. Then it got worse: it was revealed that there once a decade republication of their regulations at the printers already effectively contained the ban (technically it dropped the exemption of the cartridge). Far worse was Congressional reaction with a huge outcry from Dems and Republicans. ATF withdrew their proposal while vowing that we have not heard the last of them.
In the 10 days or so of that firestorm guess what happened: Panic buying of the 223 cartridges in question PLUS every other variant of 223 on the planet earth. Five days into it only small quantities of specialized and high cost 223 ammunition could be found. Enthusiasts appeared to clean out the inventory.
Then, after ATF backed off, suddenly suppliers who had the SOLD OUT signs up came back strong with really substantial inventory! So, Obama and his cadres both stimulated sales and stimulated false scarcity with those retailers looking for huge profit margins had the Reg. gone through. So we can all sleep more secure tonight, knowing that the American militia's supple of AR-15 ammunition has been bloated up in the ammo safe of every AR owner in America.
Every few months I order some of this 223 and had done so just before this firestorm broke. I ordered 500 rounds of in stock product. Four days letter I got a backorder notice for delivery in July! I got curious and found the ATF panic situation in the news. Well, today I got a notice that my backorder is being shipped. Sigh.
Unintended consequences huh. Obama is the greatest single stimulant to hand gun sales the gun industry has ever seen. Ironic.
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Post by atticusfinch on Mar 23, 2015 18:46:18 GMT -5
You're right. These guys are rather buffoonish with their attempts to squash their 'gun violence' issue. Every time gun and ammo purchases slow, they say or do something to create another buying frenzy. The concealed carry argument was pretty silly and was obviously intended for an audience of folks with little knowledge and/or an hollywood understanding of guns and ammo. We still hear folks call ARs assault weapons... what I carried in Viet Nam is not what is on most guns store shelves for sale. They look the same from a distance but they are NOT the same. Neither is the ammo. The 'real' things are very very expensive and the permits to own are almost impossible to obtain in most places. oh well... fear mongering at the master level.
When I was a youngin' I shot skeet competitively...and sorry, I can't say that no skeet were harmed. I shot pistol semi-competitively and really enjoyed long gun long range shooting (above 600 yards) but never competed. I did hand load my own ammo for accuracy and recoil management for quite some time... It was fun and what most folks will never know is that it is also very relaxing... as you know, if you're tense, you can't hit the damned target. A lot like meditation.
AF
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Post by davidinnaples on Mar 24, 2015 7:34:41 GMT -5
I don't currently own a gun. I will totally and 100% support a ban on handguns, when and if the anti-gun lobby can answer one question. How are you going to get criminals to disarm, given they don't follow current laws? ...(cricket sounds) Yeah, I thought so...
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Post by Icebear on Mar 24, 2015 8:28:03 GMT -5
Rocky, I worked for Mossberg's in North Haven and Wilson Firearms in Branford for several years and summers in college and seminary. My family worked for Mossberg's for three generations. So no you are far from the only one.
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Post by rockymtblue2 on Mar 24, 2015 12:27:44 GMT -5
You're right. These guys are rather buffoonish with their attempts to squash their 'gun violence' issue. Every time gun and ammo purchases slow, they say or do something to create another buying frenzy. The concealed carry argument was pretty silly and was obviously intended for an audience of folks with little knowledge and/or an hollywood understanding of guns and ammo. We still hear folks call ARs assault weapons... what I carried in Viet Nam is not what is on most guns store shelves for sale. They look the same from a distance but they are NOT the same. Neither is the ammo. The 'real' things are very very expensive and the permits to own are almost impossible to obtain in most places. oh well... fear mongering at the master level. When I was a youngin' I shot skeet competitively...and sorry, I can't say that no skeet were harmed. I shot pistol semi-competitively and really enjoyed long gun long range shooting (above 600 yards) but never competed. I did hand load my own ammo for accuracy and recoil management for quite some time... It was fun and what most folks will never know is that it is also very relaxing... as you know, if you're tense, you can't hit the damned target. A lot like meditation. AF I like you more and more atticus! Yeah, the antigun crowd can be funny - like the (will she never die) minority whip thinking that a gun magazine ban would work because she thought they were a use it once product!
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Post by rockymtblue2 on Mar 24, 2015 12:30:52 GMT -5
I don't currently own a gun. I will totally and 100% support a ban on handguns, when and if the anti-gun lobby can answer one question. How are you going to get criminals to disarm, given they don't follow current laws? ...(cricket sounds) Yeah, I thought so... Or why gun violence went down in Chicago and elsewhere, when concealed carry was allowed due to court rulings in support of the Constitutional right to bear arms kicked in.
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Post by CCinCT on Mar 24, 2015 16:48:15 GMT -5
I suspect I'm the only Home of the Free guy who collects firearms and enjoys target shooting. Well, maybe a few noticed the ATF's effort to ban 223 "ball" or green tip ammunition recently asserting it is personal body armor penetrating and there are now pistols ( concealed hand guns) that will fire it and police are in jeopardy as a result so it should be banned. The premise was flawed. The concealed weapon does not exist - the smallest thing that will fire a 223 round is roughly 21 inches long and 9 inches deep! Essentially a sawed of AR -15. Well, the ATF got caught having violated the Administrative Procedure Act regarding publication of proposed regulations and public hearings, etc. Then it got worse: it was revealed that there once a decade republication of their regulations at the printers already effectively contained the ban (technically it dropped the exemption of the cartridge). Far worse was Congressional reaction with a huge outcry from Dems and Republicans. ATF withdrew their proposal while vowing that we have not heard the last of them.
In the 10 days or so of that firestorm guess what happened: Panic buying of the 223 cartridges in question PLUS every other variant of 223 on the planet earth. Five days into it only small quantities of specialized and high cost 223 ammunition could be found. Enthusiasts appeared to clean out the inventory.
Then, after ATF backed off, suddenly suppliers who had the SOLD OUT signs up came back strong with really substantial inventory! So, Obama and his cadres both stimulated sales and stimulated false scarcity with those retailers looking for huge profit margins had the Reg. gone through. So we can all sleep more secure tonight, knowing that the American militia's supple of AR-15 ammunition has been bloated up in the ammo safe of every AR owner in America.
Every few months I order some of this 223 and had done so just before this firestorm broke. I ordered 500 rounds of in stock product. Four days letter I got a backorder notice for delivery in July! I got curious and found the ATF panic situation in the news. Well, today I got a notice that my backorder is being shipped. Sigh.
Unintended consequences huh. Obama is the greatest single stimulant to hand gun sales the gun industry has ever seen. Ironic.
Nothing funny about the anti-gun crowd. Ignorance, lies, and distortion of the truth are their stock in trade. And as David in Naples notes, criminals don't pay too much attention to laws. I would shoot more trap and skeet and go to the range more often if the prices of ammo of all calibers and types didn't keep climbing. The rise in prices of ammunition components has also had an effect on reloading. Not hard to predict that in the forseeable future that mandatory registration of all firearms will become law. Most students of history know what the next step of government will be.
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Post by rockymtblue2 on Mar 24, 2015 17:30:38 GMT -5
I suspect I'm the only Home of the Free guy who collects firearms and enjoys target shooting. Well, maybe a few noticed the ATF's effort to ban 223 "ball" or green tip ammunition recently asserting it is personal body armor penetrating and there are now pistols ( concealed hand guns) that will fire it and police are in jeopardy as a result so it should be banned. The premise was flawed. The concealed weapon does not exist - the smallest thing that will fire a 223 round is roughly 21 inches long and 9 inches deep! Essentially a sawed of AR -15. Well, the ATF got caught having violated the Administrative Procedure Act regarding publication of proposed regulations and public hearings, etc. Then it got worse: it was revealed that there once a decade republication of their regulations at the printers already effectively contained the ban (technically it dropped the exemption of the cartridge). Far worse was Congressional reaction with a huge outcry from Dems and Republicans. ATF withdrew their proposal while vowing that we have not heard the last of them.
In the 10 days or so of that firestorm guess what happened: Panic buying of the 223 cartridges in question PLUS every other variant of 223 on the planet earth. Five days into it only small quantities of specialized and high cost 223 ammunition could be found. Enthusiasts appeared to clean out the inventory.
Then, after ATF backed off, suddenly suppliers who had the SOLD OUT signs up came back strong with really substantial inventory! So, Obama and his cadres both stimulated sales and stimulated false scarcity with those retailers looking for huge profit margins had the Reg. gone through. So we can all sleep more secure tonight, knowing that the American militia's supple of AR-15 ammunition has been bloated up in the ammo safe of every AR owner in America.
Every few months I order some of this 223 and had done so just before this firestorm broke. I ordered 500 rounds of in stock product. Four days letter I got a backorder notice for delivery in July! I got curious and found the ATF panic situation in the news. Well, today I got a notice that my backorder is being shipped. Sigh.
Unintended consequences huh. Obama is the greatest single stimulant to hand gun sales the gun industry has ever seen. Ironic.
Nothing funny about the anti-gun crowd. Ignorance, lies, and distortion of the truth are their stock in trade. And as David in Naples notes, criminals don't pay too much attention to laws. I would shoot more trap and skeet and go to the range more often if the prices of ammo of all calibers and types didn't keep climbing. The rise in prices of ammunition components has also had an effect on reloading. Not hard to predict that in the forseeable future that mandatory registration of all firearms will become law. Most students of history know what the next step of government will be. Yup, reloading follows closely in the wake of finished load prices. My local dealer said prices of cases, primers, powders went through the roof 2 days into the ATF fiasco and that everything for 308 went there 2 days later 'cuz the word was out that 308 was next for the ATF. Then some d'wad (I figure that is allowed right?) Democrat congressman dropped the final bomb, with his introduction of a bill, without regard to what is firing it, to ban all body armor piercing bullets ...everything but BBs and .17 pellets. It will no nowhere of course, but I wanna really no where have all the 22 LRs have gone, long time passing, where have all the plinkers gone, long time ago, where have all the 22 LRs have gone, gone to AR 223s everyone, go figure, the hole going in is the same...the result, not so much.
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Post by Icebear on Mar 25, 2015 12:49:24 GMT -5
On the other hand none of it is any sillier than what the SCOTUS has done with the Second Amendment. It was always about the militias and never individual rights and states, specifically, that it is to be well regulated. The history of powder houses and magazines is part the context in which it was developed, as was the historical requirement of training and readiness to defend in England dating back to the requirement that all Englishment be trained in the art of the longbow and prepared to rise to the aid of the nation.
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Post by atticusfinch on Mar 25, 2015 14:46:46 GMT -5
On the other hand none of it is any sillier than what the SCOTUS has done with the Second Amendment. It was always about the militias and never individual rights and states, specifically, that it is to be well regulated. The history of powder houses and magazines is part the context in which it was developed, as was the historical requirement of training and readiness to defend in England dating back to the requirement that all Englishment be trained in the art of the longbow and prepared to rise to the aid of the nation. Yours is an all too common misunderstanding of the 2nd amendment. You mistake comes in your application of today's meaning and understanding of a militia. The concept of the militia at the time the constitution was written was a volunteer citizen armed service temporarily manned and armed which each person bringing his own arms and munitions(powder and ball) at a time of the individuals choosing. Calls for men went out and those who could break away from their home duties would leave home to join the war... sometimes for a few days, a few weeks, or sometimes a few months. Many of my ancestors did exactly that. Towns loosely formed groups which were at times partially outfitted by the townspeople but this was not commonly successful or in the cases when it was done, not commonly sufficient without the arms and munitions primarily supplied by the individuals joining up for their short stints with the war effort. This was a bit of problem in conducting the revolutionary war as it meant that there would be a severe supply flow problem in terms of men, munitions, and the needs of life(food, etc...). Read the minutes of the various congresses and the works of those who wrote constitution and argued for the revisions and amendments to our constitution.... SCOTUS's opinions upholding the original intent of the constitution will become clearer to you. AF
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Post by Icebear on Mar 25, 2015 17:52:48 GMT -5
No misunderstanding at all. The history and origins of the right to and mandatory arms in British law is clear dating back to the Assize of Arms in 1252 which required all men of their teens to 60ish to have bows and the Edward III's Archery Law of 1363 that mandated archery practice of Sunday afternoons and holidays forbidding other past times. These laws were the predecessor to the militias. The second amendment has a fine treatment in Michael Waldman's, "A Biography, the Second Amendment." There is sufficient material within it to frustrate both liberals and conservatives. The Constitution did not provide for a mandatory standing army. The desire being the federal government should not have a means by which to call up arms against the state's. The importance of states and communities maintaining militias was reinforced by the war of 1812.
Fact is that the punctuation of the Second Amendment was distributed for ratification with not one version but rather in three different versions all with different use of commas and punctuation. A problem of the period is that there was not absolute standards for punctuations as we have today. This meant not only could a sentence be punctuated differently but even when uniform in punctuation it could be read and treated differently.
Many regulations existed in communities limiting the amount of black powder to be kept in the home. Such regulations often required storage of larger amounts to be stored in the local magazine due to the volatility of the material.
Militias existed under demands of training laws and other related laws as established locally.
Clearly, rural community members which was most of the nation, also, maintain personal arms for hunting and the attainment of game by which many families attained meat and protein.
What the Second Amendment did not mean in any sense is that the federal or local governments could not make any laws regarding the production and ownership of firearms. There are ample examples of that very thing being done from the very birth of the Constitution and the laws of federal, state, and local jurisdictions.
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Post by atticusfinch on Mar 25, 2015 18:00:28 GMT -5
Your most recent post highlights your misunderstanding as it takes a particular political point of view to make the argument that you've made. You’ve unwittingly made my point. In the old English case you described the arms[club, bow, arrow, quiver, knife, sword, axe, etc) were owned by and brought to the fight by the individual, not the state. Did the state(towns, villages, etc) store supplies at times and in places where it was possible? Yes at times and in places where that capability existed, the state did do a bit of that, but so did the wealthy… The very concept of a militia separates the supply of men and arms from the state’s assets and organizational structures.
This is the most important difference between a militia and an army. Armies are raised by the state, armed by the state, directed under a state defined hierarchy, and supplied by the state. Militias rank and file are staffed by volunteers who decide when and where to report, if and only if, the individual does decide to join the effort at the time, individuals arm themselves, often find themselves self directed, and for the most part are fully supplied with the necessities of life by the individuals themselves. Armies have a distinct & rigorously defined membership roll… militias were variably staffed with no requirement of membership to join with in a fight.
And the issue of ‘well regulated’ was a responsibility placed upon the state, not upon the individual that may or may not choose to join the effort. Some towns in Connecticut and Massachusetts did form a structure and hierarchy in naming a commander and sergeants…. My ancestors in the Pittsfield Massachusetts area, the western Connecticut area, and the southern Vermont area did have towns that defined militia structures and leadership hierarchies… but that had no effect upon the ownership of the arms brought by the individuals or the rank and file who fought with the militia. The arms were owned by the individual prior to the formation of the militia and remained the property of the individual long after the militia was disbanded.
But many towns did not organized a ‘well regulated’ militias or a militia of any sort for that matter… My ancestors in northern Vermont and Maine had no such organized structure but still served and are recognized by DAR, SAR and the other revolutionary war organizations. These men that lived in those areas still formed their own groups on the highway while on the way to fighting General Burgoyne’s army. They brought their own arms, their own bedroll, their own food and medicines. The meaning of militia that you hold is a modern one and has only a distant relationship to the meaning of militia as understood by the founders.
One thing to consider is the fact the after the hostilities had come to a close, the organization of our new nation discussed, debated and decided, the Constitution ratified, there was NO recall of arms, NO regulation enforced, NO effort whatsoever to remove arms from folks who did not belong to a ‘well regulated’ militia. It’s always a mistake to insist upon modern understandings and definitions of issues and items of long ago.
Over the 40 or so years that the 2nd amendment has been under serious attack by our boomer generation, the meaning and definition of ‘militia’ has been ever so slightly but constantly redefined. It’s true that the definition of ‘militia’ has changed partially through the natural effects of time but for the most part the change has come through the effort of those who seek to redefine the 2nd amendment to an impossibly restrictive and narrow definition in order to meet their political beliefs.
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Post by Icebear on Mar 25, 2015 19:14:27 GMT -5
1/ I didn't say that armies and militias were the same thing they are not. I agree completely with your first paragraph.
2/Yes, armies are raised and maintained by the state. The federal government was not to maintain a standing army. Jefferson was passionate about that.
3/ Militias were not lead only by volunteers although that was the most common form. Militias did hire people according to local desires. Responsibilities includes maintaining equipment appraising supplies, etc.
4/ I did not say that individuals were not allowed or did not maintain personal arms. They did. Hunting was a necessary supplement to farming and in areas threats from native peoples continued.
5/ No recall of arms occurred. It would have been strange if it had given the importance of a firearm for the fore mentioned reasons. That recall of arms did not occur does not mean that communities did not regularly make local rules concerning use of such arms. They did.
BTW, my mother's side of the family goes back to the Mayflower through all four of her grandparents. The has been continual family property in Franklin, CT since 1640 until the last generation. My grandfather is a descendent of the Bonesetter Sweets the predecessors to modern chiropractic and who came from that area and even provided care to presidents.
Waldman's book is very good but is just one of numerous sources I have read because of our families roots in the firearms industry.
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Post by atticusfinch on Mar 25, 2015 19:42:15 GMT -5
1/ I didn't say that armies and militias were the same thing they are not. I agree completely with your first paragraph. 2/Yes, armies are raised and maintained by the state. The federal government was not to maintain a standing army. Jefferson was passionate about that. 3/ Militias were not lead only by volunteers although that was the most common form. Militias did hire people according to local desires. Responsibilities includes maintaining equipment appraising supplies, etc. 4/ I did not say that individuals were not allowed or did not maintain personal arms. They did. Hunting was a necessary supplement to farming and in areas threats from native peoples continued. 5/ No recall of arms occurred. It would have been strange if it had given the importance of a firearm for the fore mentioned reasons. That recall of arms did not occur does not mean that communities did not regularly make local rules concerning use of such arms. They did. BTW, my mother's side of the family goes back to the Mayflower through all four of her grandparents. The has been continual family property in Franklin, CT since 1640 until the last generation. My grandfather is a descendent of the Bonesetter Sweets the predecessors to modern chiropractic and who came from that area and even provided care to presidents. Waldman's book is very good but is just one of numerous sources I have read because of our families roots in the firearms industry. 1. Good. I am glad we agree. 2. Reread Federalist 46. It is of particular interest here in that Madison was responding to the fear the Central government would raise a national army and thereby have the power to subordinate the states. This was the driver the 2nd amendment as it placated those fears. 3. Militias were indeed led by volunteers but more to the point they were staffed rank and file by volunteers who not only chose when to serve but when to leave. 4. They did not make such rules during the lifetimes of the folks who created our constitution. It would be a mistake to confuse the safety issues of storage of large quantities of black powder with rules governing firearms. Hunting had little to do with the issue of firearms during that time, outside of the most remote trapper sites, the colonies had built a sustainable food source in livestock, vegetables and fruits(when available) outside of hunting... the recent experience of the revolt against the king's armies drove the need for arms home with vigor. 5. I am a direct father to son descendant of Dr Samuel Fuller of the Mayflower. I am also a direct descendent of Francis Cooke, Peter Browne, John Howland, John Tilley, Joan Hurst, and Elizabeth Tilley... all of the Mayflower. It was my DNA that provided the Mayflower DNA project the ability to distinguish between the descendants of Dr. Samuel Fuller and the descendants of his brother, Edward Fuller. IHere's an excerpt of Federalist 46 for you consider with respect to your item number 2. Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it. Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms.So we take from this that the issue of a national army was not only a fear of those who debated and created the Constitution it was the issue that drove the creation of the 2nd amendment. Waldman's book has been widely criticized as a work of advocacy masquerading as scholarship. The Washington Post did a scathing review of his book. I prefer to leave references to the advocates on both sides out of my responses. AF
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Post by Icebear on Mar 25, 2015 19:54:39 GMT -5
We are related to Howland, as well. Early on the family through Edmund Freeman were among the original settlers of Sandwich MA. #5 is very cool.
I am aware of all of the above. It is not in conflict with anything I have suggested. Also, it is important to remember that any Federalist presentation is one part of the story. We disagree in #4 only to the extent there were multiple reasons. guns were extremely important throughout many areas for the reasons I gave, as well, as your notes.
One of the nations who were armed still were the British who I cited as roots. I think you are boxing with shadows.
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Post by atticusfinch on Mar 25, 2015 20:06:27 GMT -5
We are related to Howland, as well. Early on the family through Edmund Freeman were among the original settlers of Sandwich MA. #5 is very cool. I am aware of all of the above. It is not in conflict with anything I have suggested. Also, it is important to remember that any Federalist presentation is one part of the story. We disagree in #4 only to the extent there were multiple reasons. guns were extremely important throughout many areas for the reasons I gave, as well, as your notes. One of the nations who were armed still were the British who I cited as roots. I think you are boxing with shadows. Well howdy cousin. The importance of the Federalist papers is obviously in that it shares creators with the Constitution. It's hard to beat the original original sources. Of course it is possible that I am boxing with shadows but I doubt it. We have significant differences in our understanding of the constitution and specifically the 2nd amendment given you original post about SCOTUS's take on the subject of the individual right to bear arms as opposed to the states power to regulate arms via a regulated militia structure. Well got to go... I have an early business call to take and my ol' body needs every bit of beauty sleep it can get. AF
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Post by rockymtblue2 on Mar 26, 2015 9:07:46 GMT -5
"the right ...shall not be abridged" is as clear as you can get.
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Post by Icebear on Mar 26, 2015 14:01:21 GMT -5
"the right ...shall not be abridged" is as clear as you can get. Absolutely, but that does not mean nor has it ever meant that it is undesirable for registration and other forms of legislation to be created nor that when groups wielding those arms in conflict with the laws of the nation they should not be put down with force. See the various rebellions such as the Bacon Rebellion.
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Post by atticusfinch on Mar 26, 2015 15:08:16 GMT -5
"the right ...shall not be abridged" is as clear as you can get. Absolutely, but that does not mean nor has it ever meant that it is undesirable for registration and other forms of legislation to be created nor that when groups wielding those arms in conflict with the laws of the nation they should not be put down with force. See the various rebellions such as the Bacon Rebellion. Actually it does mean that "registration and other forms of legislation to be created" is a form of abridgment. The problem with complying with the original intent position is not one of correctness, it is one of impossibility of compliance given today's political environment. On your second item... you are absolutely correct that crime and insurrection can be met with force by our government... but the 2nd amendment is there to ensure the rights of the citizens to join in an insurrection in opposition to our government. Both sides have the right to protect their interests. A more recent phenomena has been the attack led by my own generation on both aspects of the 1st amendment. We are seeing religion under attack(as you already know---I'm an agnostic that appreciates religion). One example of many is the common meme about the supposedly ubiquitous case of priests molesting children to show how religious are not just empty selfish hypocrites but are dangerous too. Curiously, we give a pass on this to teachers even though a child is an order of magnitude more likely to be molested by a teacher than a religious during their K through 12 years. We are also seeing free speech rights tumbling beneath sensitivity concerns. The very notion of politically correct speech and free speech zones on public university campuses is an antithesis of our speech rights in this country. The broadening of so-called 'hate speech' restrictions is also a cancer on our right. Obviously, non governmental groups/orgs/entities can impose a broad array of restrictions of their choosing, but when the government engages in acts of speech restrictions through the legislation, regulation or the judicial system, we are in trouble. Folks, don't look now but we are already in trouble. So, it isn't just the 2nd amendment that is under attack by well meaning folks; these well meaning folks are chopping away at the 1st amendment too. Not good. These actions don't bode well for our children's future as free people. AF
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Post by rockymtblue2 on Mar 26, 2015 17:43:15 GMT -5
"the right ...shall not be abridged" is as clear as you can get. Absolutely, but that does not mean nor has it ever meant that it is undesirable for registration and other forms of legislation to be created nor that when groups wielding those arms in conflict with the laws of the nation they should not be put down with force. See the various rebellions such as the Bacon Rebellion. Why would we ever have to register a right with any government. If you don't register it its a crime? Or you cannot exercise it? Why does the government have to know I'm exercising a right. The government is the servant of the people; unfortunately that has been pretty much turned around by those who feel they have the right to be the government.
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Post by Icebear on Mar 26, 2015 17:53:38 GMT -5
The terms rights and liberty had distinctly different context at the time of the revolution and constituting convention. To enjoy a right such as liberty enjoined both responsibilities and freedoms both were expected to be met. The questioned history is misrepresented when it is cast as it is today a choice between civil and individual protections. It was expected that both should be fulfilled by the citizen. "Second Amendment scholarship is now clearly at an important crossroads. While most courts continue to interpret the Second Amendment as a collective right, academic scholarship is more divided. Indeed, the notion that one can describe the current academic debate in terms of a simple dichotomy no longer seems tenable.7 The current paradigm crisis in Second Amendment scholarship is evidenced in two recent decisions by federal courts that elaborated on two different tri-partite schemes, implicitly abandoning the older dichotomous view that dominated previous jurisprudence and scholarship. "In United States v. Emerson, the United States Court of Appeals for the Fifth Circuit, the only federal appeals court to embrace an individual rights view of the Amendment, identified three schools of thought on the Second Amendment: the sophisticated collective rights view, the traditional collective rights view, and the individual rights view.18 In Silveira v. Lockyer, the United States Court of Appeals for the Ninth Circuit adopted a different typology, concluding that current scholarship could be divided into the following: the collective rights view, the individual rights view, and the limited individual rights view.'9 Rather than fitting into a simple dichotomy, it now appears that Second Amendment scholarship is arrayed across a considerable spectrum, from an expansive individual right to a narrow collective right of the states to maintain their militias." ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=4021&context=flr
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Post by atticusfinch on Mar 26, 2015 18:21:16 GMT -5
The terms rights and liberty had distinctly different context at the time of the revolution and constituting convention. To enjoy a right such as liberty enjoined both responsibilities and freedoms both were expected to be met. The question history is misrepresented when it is cast as it is today a choice between civil and individual protections. It was expected that both should be fulfilled by the citizen. "Second Amendment scholarship is now clearly at an important crossroads. While most courts continue to interpret the Second Amendment as a collective right, academic scholarship is more divided. Indeed, the notion that one can describe the current academic debate in terms of a simple dichotomy no longer seems tenable.7 The current paradigm crisis in Second Amendment scholarship is evidenced in two recent decisions by federal courts that elaborated on two different tri-partite schemes, implicitly abandoning the older dichotomous view that dominated previous jurisprudence and scholarship. In United States v. Emerson, the United States Court of Appeals for the Fifth Circuit, the only federal appeals court to embrace an individual rights view of the Amendment, identified three schools of thought on the Second Amendment: the sophisticated collective rights view, the traditional collective rights view, and the individual rights view.18 In Silveira v. Lockyer, the United States Court of Appeals for the Ninth Circuit adopted a different typology, concluding that current scholarship could be divided into the following: the collective rights view, the individual rights view, and the limited individual rights view.'9 Rather than fitting into a simple dichotomy, it now appears that Second Amendment scholarship is arrayed across a considerable spectrum, from an expansive individual right to a narrow collective right of the states to maintain their militias." ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=4021&context=flr. Your citation proves my point. We live in an age of redefinition of already defined law. Instead of changing the constitution and/or it's amendments it seems there will always be those who chose to short circuit the process by adopting a scholarly version of new speak in order to accomplish their goals of removing a hard won right. I continue to be a bit surprised by how willing many are to work to destroy their rights and protections. We are a curious species. BTW, the ninth circuit appeals court opinion Silveira v. Lockyer was nullified by the Supreme Court of the United States. The SCOTUS held in Heller that the right to keep and bear arms is in fact a right of individuals. Like I posted above.... there will always be those who work to undermine and/or remove our rights. It's not surprising that the Ninth behaved as they did. There is a long history of bending law via contorted interpretation. AF
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Post by Icebear on Mar 26, 2015 18:40:33 GMT -5
The two poles held in tension in the third along the spectrum, also, explains why both extremes find it easy to justify their singular position. They find things that indeed support the side they agree with and then ignore information that supports the opposite feeling they have proven their position.
In theology Luther frequently rejected that approach of polemic often asserting that orthodoxy required a both/and solution. Example in the Eucharist the elements are not simply either bread and wine or body and blood but rather both as the Word and promise of Christ's presence is in, with, through and under the elements. That I am attempting to hold both positions in tension is why you can view me as disagreeing with you and yet I keep saying I agree. As a gun industry employee and gun owner and a member of a family who have experienced gun violence and the death of a seven year old I do not agree with the radical left of suppression of all firearms. At the same time I do believe it is possible to have productive discussion and assertion of responsibilities that individual gun owners must take as reasonable actions for the safety of the whole, the collective. It is undeniable that those types of statutes have existed all the way back to Blackstone's Commentaries on English Law (1765). Those laws are both affirmative of ownership by the individual and the responsility of the individual to the whole.
As to SCOTUS action in Heller it is a reversal of long standing by the court pushing to the one extreme. It is not surmising given the activist positions of the court.
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Post by atticusfinch on Mar 26, 2015 19:05:42 GMT -5
The two poles held in tension in the third along the spectrum, also, explains why both extremes find it easy to justify their singular position. They find things that indeed support the side they agree with and then ignore information that supports the opposite. In theology Luther frequently rejected that approach often asserting that orthodoxy required a both/and solution. Example in the Eucharist the elements are not simply either bread and wine or body and blood but rather both as the Word and promise of Christ's presence is in, with, through and under the elements. That I am attempting to hold both positions in tension is why you can view me as disagreeing with and yet I keep saying I agree. As a gun industry employee and gun owner I do not agree with the radical left of suppression of all firearms. At the same time I do believe it is possible to have productive discussion and assertion of responsibilities that gun owners must take as reasonable actions for the safety of the whole. It is undeniable that those types of statutes have existed all the way back to Blackstone's book of English common law. Those laws are both affirmative of ownership by the individual and the responsility of the individual to the whole. When the original meaning is supported by a bountiful abundance of documents produced by the originators of the text, to force additional meanings upon the text is less than an honest evaluation. To quote ol' Groucho.... sometimes a cigar is just a cigar. This addition of new choices is little more than a different version of 'new speak' as it dilutes the original intent in order to make room for a new meaning that decays the right. No one is denying a gun owners personal responsibility for his/her actions with respect to safety, but to take that further to the point of removing the 'personal' decision making and replacing it with a government's decision making is to remove the right as it becomes a right in name only when the government can mold and modify the 'right' as it sees fit. In other words, at that point it's not a right, it's just a privilege. AF
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Post by Icebear on Mar 26, 2015 19:09:46 GMT -5
The two poles held in tension in the third along the spectrum, also, explains why both extremes find it easy to justify their singular position. They find things that indeed support the side they agree with and then ignore information that supports the opposite. In theology Luther frequently rejected that approach often asserting that orthodoxy required a both/and solution. Example in the Eucharist the elements are not simply either bread and wine or body and blood but rather both as the Word and promise of Christ's presence is in, with, through and under the elements. That I am attempting to hold both positions in tension is why you can view me as disagreeing with and yet I keep saying I agree. As a gun industry employee and gun owner I do not agree with the radical left of suppression of all firearms. At the same time I do believe it is possible to have productive discussion and assertion of responsibilities that gun owners must take as reasonable actions for the safety of the whole. It is undeniable that those types of statutes have existed all the way back to Blackstone's book of English common law. Those laws are both affirmative of ownership by the individual and the responsility of the individual to the whole. When the original meaning is supported by a bountiful abundance of documents produced by the originators of the text, to force additional meanings upon the text is less than an honest evaluation. To quote ol' Groucho.... sometimes a cigar is just a cigar. This addition of new choices is little more than a different version of 'new speak' as it dilutes the original intent in order to make room for a new meaning that decays the right. No one is denying a gun owners personal responsibility for his/her actions with respect to safety, but to take that further to the point of removing the 'personal' decision making and replacing it with a government's decision making is to remove the right as it becomes a right in name only when the government can mold and modify the 'right' as it sees fit. In other words, at that point it's not a right, it's just a privilege. AF As I said finding materials supporting the one view ignores the extensive history and rulings also supporting the opposite. These things are in tension not an absolute.
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