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Old 09-16-2019, 07:27 PM
 
Location: Jacksonville, FL
11,142 posts, read 10,716,540 times
Reputation: 9799

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Quote:
Originally Posted by Jowel View Post
Of course you made the second part up , but if we're going to quote the Bill of Rights, I'll give you another example quoted correctly.

The first amendment says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".

Even with such strong language prohibiting "abridging the freedom of speech" there's case law which limits free speech. An example would be laws prohibiting people being able to make threats and then attempt to claim the the first amendment gives them the right to do so.

Back to the second Amendment, case law going all the way up the Supreme Court has adjudicated the fact that the second amendment is not unlimited. In Heller v. District of Columbia, the Court stated:

"Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, concealed weapons prohibitions … possessions of firearms by felons and the mentally ill, carrying of firearms in sensitive places such as schools and government buildings, or laws imposing condition and qualifications on the commercial sale of arms."

Saying that the second amendment is unlimited is not only an oversimplification, it is simply not correct.
If we’re going with precedent, Heller also stated that firearms in common use were protected from prohibition. The AR-15 is one of the most popular platforms on the market.

Quote:
Originally Posted by trobesmom View Post
Healthcare was demolished before the ACA came along. The ACA wasn't actually strong enough to fix what is wrong with the healthcare system. And millions of people who couldn't afford insurance now can, including me. Even the Republicans don't want to touch the ACA because too many of their constituents are one it. . But you never answered my question. Congress legally passed the ACA. However, Trump does everything he can to bypass Congress when it comes to getting funds for his pet projects. That's not how it works, but it doesn't matter to him. So tell me again who's the dictator?
No, healthcare was not demolished before the ACA. There were some issues, but the average American was at least able to afford basic medical care. We traded healthcare that was affordable and insurance that didn’t cover a minority of people for insurance that is affordable for the poor and too expensive to be used for the middle class.
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Old 09-16-2019, 07:40 PM
 
Location: North Carolina
6,120 posts, read 4,612,280 times
Reputation: 10586
^^
I didn't bring up the AR-15 issue, however, that issue is often being challenged successfully in lower courts (lower than the SCOTUS), so it's not a given that if the Supreme Court ultimately agrees to hear a case on their use and clarifies their legality, it will rule of the side of them being protected.

https://www.newsweek.com/massachuset...assault-875779

https://reason.com/2017/06/15/why-di...vative-judge-u
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Old 09-16-2019, 08:19 PM
 
Location: Texas Hill Country
23,652 posts, read 14,008,920 times
Reputation: 18861
Quote:
Originally Posted by trobesmom View Post
You can still have people register their arms. Just takes an amendment. As a gun owner myself I don't have an issue with it.

Then let me make it more clearer. Such amendment does not exist now. As far as you being a gun owner and being fine with it, that is one opinion; it does not happen to be mine.
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Old 09-16-2019, 08:28 PM
 
Location: annandale, va & slidell, la
9,267 posts, read 5,123,976 times
Reputation: 8471
Quote:
Originally Posted by cuebald View Post
Great idea. A lot of us have been buttonholing legislators to demand documentation of all transfers of any type of powder-actuated firearm, public or private.

Looks like they're starting to listen.
Private transfers will always be legal. No one's business but the two parties.
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Old 09-16-2019, 08:32 PM
 
4,336 posts, read 1,556,840 times
Reputation: 2279
Quote:
Originally Posted by cuebald View Post
Great idea. A lot of us have been buttonholing legislators to demand documentation of all transfers of any type of powder-actuated firearm, public or private.

Looks like they're starting to listen.
Stupid idea only a lunatic leftie could proffer... or support, IMHO
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Old 09-16-2019, 08:46 PM
 
28,122 posts, read 12,612,875 times
Reputation: 15341
Quote:
Originally Posted by T-310 View Post
It’s unconstitutional. Period.
Exactly, NO INFRINGEMENT!


I do believe the day is getting closer when we must stand up and fight for this right again though...If they do manage to pass this law or something similar, citizens know what they must do and are required to do so actually (if they are able-bodied that is). That will certainly be an interesting time!


I would be interested in seeing where city, county and state police stand if it ever came to this, one of their main duties is to protect citizens rights, but if such a law is passed, that would conflict with their duty, not sure if they would stand with people or against.
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Old 09-16-2019, 08:59 PM
 
Location: Somers, MT
177 posts, read 126,230 times
Reputation: 319
Quote:
Originally Posted by finalmove View Post
Private transfers will always be legal. No one's business but the two parties.

Ever hear of a state called California?


https://lawcenter.giffords.org/priva...in-california/
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Old 09-16-2019, 10:42 PM
 
Location: Long Island
32,816 posts, read 19,496,494 times
Reputation: 9618
Quote:
Originally Posted by KNPV PSD View Post
Ever hear of a state called California?


https://lawcenter.giffords.org/priva...in-california/
and did you ever hear of the DIFFERENCE between a state and the federal government

if a state wants to implement laws, they can

the bill of rights, is about the protections/rights FROM the federal government and does NOT prevent a state from having its laws WITHIN ITS (the states) constitution ( all the states have their own constitution) 44 states have firearms protections (right to keep and bare arms) within their constitutions

for example
Pennsylvania's 1776 constitution declared: "That the people have a right to bear arms for the defence of themselves and the state..."
Vermont's constitutions of 1777 and 1786 similarly proclaimed: "That the people have a right to bear arms for the defence of themselves and the State..."

Last edited by workingclasshero; 09-16-2019 at 11:02 PM..
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Old 09-17-2019, 03:56 AM
 
764 posts, read 235,554 times
Reputation: 231
Quote:
Originally Posted by Jowel View Post
^^
I didn't bring up the AR-15 issue, however, that issue is often being challenged successfully in lower courts (lower than the SCOTUS), so it's not a given that if the Supreme Court ultimately agrees to hear a case on their use and clarifies their legality, it will rule of the side of them being protected.

https://www.newsweek.com/massachuset...assault-875779

https://reason.com/2017/06/15/why-di...vative-judge-u
Three of the sitting judges on the SC affirmed the Heller decision, and two more are originalists. Gun owners across the nation are pushing for a case to make it to the court and settle this matter. With the current political climate I believe we will see such a case soon. Gun owners are confident the SC will rule on points of law / constitutionality and not on emotion / politics. The ARs will be protected.
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Old 09-17-2019, 04:55 AM
 
Location: annandale, va & slidell, la
9,267 posts, read 5,123,976 times
Reputation: 8471
Quote:
Originally Posted by KNPV PSD View Post
Ever hear of a state called California?


https://lawcenter.giffords.org/priva...in-california/
True, but that is a temporary local law, and could be a flash point in the near future.

Nonetheless, private transfers are continuing, and this undermines the State's authoritarian position.

Last edited by finalmove; 09-17-2019 at 05:17 AM..
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