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Old 12-08-2015, 08:38 AM
 
13,683 posts, read 8,999,713 times
Reputation: 10405

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I realize that the Second Amendment provides: A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.


However, the Courts have rather consistently said that prohibiting the sale of some guns does not infringe on this right.


Here is an example I have used in the past:


Suppose there was a Constitutional Amendment that provided that: ‘the right of the people to keep and eat candy shall not be infringed’.


That means that the people may keep and eat Milky Ways, M&M’s, Hershey Bars, Three Musketeers, etc.


Yet, it turns out, that there are a few particular brands of ‘candy’ that can be used to harm other people. Let us say that there is a poison that is detectable if put into most candy bars, but that it is not detectable in Milky Ways. Poisonings are on the rise!


May Congress or the States pass laws prohibiting Milky Ways?


In my view, yes. Although one would not be able to purchase, legally, Milky Ways anymore, there are still plenty of other brands of candy to ‘keep and eat’.

Now, Congress or the States could not simply ban ‘candy’,for that is prohibited by the Constitutional Amendment. Yet, banning one or two specific candy bars would not prevent Americans from keeping and eating ‘candy’.

The District of Columbia got into trouble with the Supreme Court by banning all ‘handguns’, save for those already owned by people or those in law enforcement. It was too broad, by any measure. Some States have successfully banned ‘junk guns’ ('Saturday Night Specials’, as they were once called). Such laws did not prevent Americans from owning handguns, just a particular few.

If Congress or the States want to ban AR-15s and other weapons that mass murderers seem to prefer, that would not mean that an American is not allowed to ‘keep and bear Arms’, for there are other Arms available. Simply saying “but I like to us an AR-15 for target practice’ does not seem a compelling reason for keeping such weapons available for purchase. Obviously, to me at least, those that already own such weapons would be able to keep them. Hopefully, future mass murderers would, in time, find them more difficult to obtain. However, Americans would still have Arms to defend themselves, and so the Second Amendment is not violated.
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Old 12-08-2015, 08:38 AM
 
Location: MS
4,396 posts, read 4,907,531 times
Reputation: 1564
Quote:
Originally Posted by njbiodude View Post
I've lived all over the country and here is what I noticed.

When I lived in South Carolina it was comically easy to get guns. Walmart could give you fully automatic weapons at one point (not sure if its still true). Gun shows gave them out without checks easily.
While others have responded to this, here are some more details and history showing you are completely wrong.

Machine Guns Are Legal: A Practical Guide to Full Auto - The Firearm Blog

While that article looks at the buying side, this one covers who can sell what.

Information on Class III Weapons and NFA Weapons | Old Glory Guns & Ammo
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Old 12-08-2015, 09:19 AM
 
Location: The Republic of Texas
78,866 posts, read 46,581,607 times
Reputation: 18521
Quote:
Originally Posted by Casper in Dallas View Post
Whatever, you are a Militia of One.


Either way I met the criteria under the 2nd A.

Thank You!
I am sovereign as the President and everyone in congress, along with every human individual, that walks the earth.

I consent to no man. I am free.
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Old 12-08-2015, 09:21 AM
 
Location: The Republic of Texas
78,866 posts, read 46,581,607 times
Reputation: 18521
Quote:
Originally Posted by dpm1 View Post
Wyoming has by some studies the highest gun ownership rate. The homicide rate is in the 1s last time I checked. Lower than MA, CA as well as others.
What is the % of Christians per capita, comparatively. Evil has a way of finding those that have no good.
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Old 12-08-2015, 09:25 AM
 
Location: The Republic of Texas
78,866 posts, read 46,581,607 times
Reputation: 18521
Quote:
Originally Posted by njbiodude View Post

People get drunk and end up shooting each other over a girl at a bar or some nonsense. Like I said having a gun in your home is fine. Carrying a concealed weapon to work or the bar has more
chances of leading to problems.

Alcohol and guns existed side by side for the first 125 years of this nation.
The beginning of this very nation, was built with guns and alcohol.


It was not such a bad thing then and it would not be now. Murder is still murder.
There was a reason for matched pistols at 10 paces..... and as legal as walking down the street.
You didn't just go around insulting everyone you disagreed with... You debated them civilly, or you shut up.
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Old 12-08-2015, 09:34 AM
 
Location: The Republic of Texas
78,866 posts, read 46,581,607 times
Reputation: 18521
Quote:
Originally Posted by legalsea View Post
I realize that the Second Amendment provides: A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.


However, the Courts have rather consistently said that prohibiting the sale of some guns does not infringe on this right.


Here is an example I have used in the past:


Suppose there was a Constitutional Amendment that provided that: ‘the right of the people to keep and eat candy shall not be infringed’.


That means that the people may keep and eat Milky Ways, M&M’s, Hershey Bars, Three Musketeers, etc.


Yet, it turns out, that there are a few particular brands of ‘candy’ that can be used to harm other people. Let us say that there is a poison that is detectable if put into most candy bars, but that it is not detectable in Milky Ways. Poisonings are on the rise!


May Congress or the States pass laws prohibiting Milky Ways?


In my view, yes. Although one would not be able to purchase, legally, Milky Ways anymore, there are still plenty of other brands of candy to ‘keep and eat’.

Now, Congress or the States could not simply ban ‘candy’,for that is prohibited by the Constitutional Amendment. Yet, banning one or two specific candy bars would not prevent Americans from keeping and eating ‘candy’.

The District of Columbia got into trouble with the Supreme Court by banning all ‘handguns’, save for those already owned by people or those in law enforcement. It was too broad, by any measure. Some States have successfully banned ‘junk guns’ ('Saturday Night Specials’, as they were once called). Such laws did not prevent Americans from owning handguns, just a particular few.

If Congress or the States want to ban AR-15s and other weapons that mass murderers seem to prefer, that would not mean that an American is not allowed to ‘keep and bear Arms’, for there are other Arms available. Simply saying “but I like to us an AR-15 for target practice’ does not seem a compelling reason for keeping such weapons available for purchase. Obviously, to me at least, those that already own such weapons would be able to keep them. Hopefully, future mass murderers would, in time, find them more difficult to obtain. However, Americans would still have Arms to defend themselves, and so the Second Amendment is not violated.

Candy is not comparable to Liberty for you the individual to choose. It is governments job to educate, not ban freedom.
A word can be compared to a gun and can be harmful and cause all kinds of destruction. What words are banned by the federal government?
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Old 12-08-2015, 09:45 AM
 
Location: Sylmar, a part of Los Angeles
8,323 posts, read 6,412,530 times
Reputation: 17433
I do not understand liberal logic.

Why would you pizz off the people with the guns?
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Old 12-08-2015, 09:48 AM
 
Location: The Republic of Texas
78,866 posts, read 46,581,607 times
Reputation: 18521
Quote:
Originally Posted by V8 Vega View Post
I do not understand liberal logic.

Why would you pizz off the people with the guns?

When they run their mouths, a broken jaw and some missing teeth can be cause to sue the crap out of someone, for profit.
Pushing daisies for running their mouths to the wrong person, isn't so appealing to them.

Insulting someone, always has had the possibility of death.
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Old 12-08-2015, 09:55 AM
 
17,515 posts, read 13,309,755 times
Reputation: 32948
Quote:
Originally Posted by Steve40th View Post
2A aside, what laws that arent already on the books would you like to see implemented?
I want every state to honor ANY state's legally issued CCW
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Old 12-08-2015, 10:15 AM
 
Location: The Republic of Texas
78,866 posts, read 46,581,607 times
Reputation: 18521
Quote:
Originally Posted by mike1003 View Post
I want every state to honor ANY state's legally issued CCW

The 2nd amendment in the bill of rights, make conceal carry legal in all 50 states.
The 10th amendment cannot over ride the 2nd amendment. Read the 10th. The 2nd has already been defined as left to the people. Federal, State, and local government, have no say. State constitutions have to allow the very things the US Constitution has. They can only allow more liberty than the Us Constitution, but never take liberty.
Remember. Constitutions, chain governments, not free people.
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