Constitutional Gun Laws?

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Reading through it, here's the sort of 'gun' laws I'd find constitutional:

1. You are not to discharge a firearm within city limits, unless:
A: You have a legitimate need for the purpose of defending self or other, or during the course of lawfull practice of police or military duties.
B: Said discharge takes place within qualified range area, with sufficient backstop to prevent shots from leaving the facility and with sufficient noise dampening such that noise leaving said facility is less than (??)Db for the hours of 0800-2000, and (??-X)Db for other hours.
C: You have license or directive to take game or eliminate pest animals, and can show training or competence to take such safely.

HonorsDaddy said:
It most certainly DOES allow it. It also requires that you use responsibility to only do it when appropriate. If you were to do that and there is no fire, then you are infringing upon the rights of others and putting people at risk.

Agreed. I'll also note that they've found that the first doesn't extend to lying, such areas as libel and slander.

Further, you will note there is no prior restriction on your speech is there? To make the analogy accurate, you would have to compare it to a license or background check to speak, otherwise you would be gagged in public.

Well, I was taught that I shouldn't yell 'fire' in a theater without one, and the meaning of slander and libel, but those are mostly civil matters, not criminal.

I do. If you're too violent to have your rights 100% restored upon leaving jail, then you should be kept locked up.

Agreed. There is a need for 'transition' living, however. I believe that they can impose more restrictions on you, as long as they're either part of your sentence, or agreed to by you as part of leaving prison early. But what's the point of forbidding a non-violent 'felon' who's crime was writing some bad checks the right to the means for self-defense? I can see it a bit more if they're violent, but our whole point is that you don't let them out while they're still violent.

The mentally disabled arent really an issue though are they? Those who are TRULY a risk are rarely, if ever, able to find their way to the gun store by themselves. That argument has always been a red herring.

My grandmother is an advocate for the mentally disabled. Some are such that they can't figure out a gate latch. There's a reason why they say 'mentally equivalent to a X year old'. If you have one in the house, you take the very same precautions as you would with a child. Also, the odds of them being able to fill out the paperwork for a firearm, or of even having the money for a cheap gun, is low. Their wanting one is almost non-existant.

It's not being mentally disabled that's the problem, it's the mentally unstable. The bi-polars, etc.

You arent a "hard-core 2nd supporter". You're a hard-core "Ive got mine, i dont care if you get yours" supporter. YOU sir, are the problem.

I'll disagree with this, especially as I mostly agree with him. Well, I'd substitute 'clinically insane, needs to be in an institution' for mentally disabled, and push the class/training area up above HMG's. Of course, anybody who can afford artillery can afford training for it. There's plenty of former artillery people out there willing to provide hand's on training for it.

The main point is that firing off an artillery piece without knowing what you're doing is far more dangerous than a firearm. After all, normally speaking you're shooting at something you can see with a gun. With artillery, you're shooting at things not within sight, and that requires more care.

Then there's the whole what constitutes 'arms' arguement. Me, the cutoff point is what somebody can carry, operate, and target individually. Knives, swords, and guns come into this definition. I'd have to look into military matters more, but I believe that even grenades and RPG's might come into this.
 
pax said:
bjbarron,

As you say, the 1st Amendment right to free speech does not allow you to misuse that speech -- for example to intimidate or threaten or to cause actual harm to other people (such as your example of yelling "fire" in a crowded theater).

pax


More detail needed.

Yelling "fire" in a crowded theater is not illegal in and of itself; for example, if there is indeed a fire.

There are two things required to have committed a crime: action and intent (not action or intent).

Action: If you think about yelling "fire", but do not do it, you have not committed a crime. This prevents the government from convicting people of "thought-crimes".

Intent: The accused must have intended harm. For example, if someone yelled "fire" but really and truly believed there to be a fire, no harm was intended, even if harm resulted. This is called an "accident".

There is such a crime as "conspiracy", but it is more than simply talking about committing a crime. Actual planning and preparation for the crime must have occurred (the action). Also, the conspirators must know that their intended actions are criminal (the intent). If someone plans a picnic, but does not know that the land they are planning to picnic on is private property, no crime has been committed.
 
If registration came with a guarantee by the government that the 2nd is an individual right, and that we are all in the militia, that it is required forever as the constitution says, then maybe it would be worth it. I.E. guarantees gunrights forever with no foreign treaties being able to override our constitution.
Also, no punitive requirements included of course. Registration cost would have to be borne by the govt, since it is a govt program for determining the readiness of the nation to fight against treachery foreign or domestic.
Otherwise, **** and leave us alone.
 
Firethorn said:
I'll disagree with this, especially as I mostly agree with him. Well, I'd substitute 'clinically insane, needs to be in an institution' for mentally disabled, and push the class/training area up above HMG's. Of course, anybody who can afford artillery can afford training for it. There's plenty of former artillery people out there willing to provide hand's on training for it.
Sorry - but as we all have seen demonstrated by the TSA/FAA with the FFDO program, training can be made so difficult to obtain that it presents a defacto ban.

Suggesting it is one thing, requiring is another. No, its not the same as a drivers license because we are talking about ownership on private property.
Firethorn said:
The main point is that firing off an artillery piece without knowing what you're doing is far more dangerous than a firearm. After all, normally speaking you're shooting at something you can see with a gun. With artillery, you're shooting at things not within sight, and that requires more care.
You mean you can clearly identify your target at a mile or more out? Thats the range of a rifle, so I'm not buying the "cant see your target" argument. Its no less a pile of crap than the AWB.
Firethorn said:
Then there's the whole what constitutes 'arms' arguement. Me, the cutoff point is what somebody can carry, operate, and target individually. Knives, swords, and guns come into this definition. I'd have to look into military matters more, but I believe that even grenades and RPG's might come into this.
As far as what you think constitutes arms, consider this: Until 1794, ALL warships in the US were privately owned, and even through the Civil War and after, private ships were pressed into military service. These were the biggest baddest weapons available at the time. If the authors of the US Constitution considered them legal to own, who are we to say otherwise? The meaning of the words has not changed in the past ~229 years - just the understanding of those who read them.
 
Gunpacker said:
If registration came with a guarantee by the government that the 2nd is an individual right, and that we are all in the militia, that it is required forever as the constitution says, then maybe it would be worth it. I.E. guarantees gunrights forever with no foreign treaties being able to override our constitution.
Also, no punitive requirements included of course. Registration cost would have to be borne by the govt, since it is a govt program for determining the readiness of the nation to fight against treachery foreign or domestic.
Otherwise, **** and leave us alone.
It still wouldnt be worth it. Its none of the governments business what i own.
 
HonorsDaddy said:
No argument used to justify gun control has ever been legal. Are you seriously suggesting that it is impossible to believe someone may well try that argument in court one day?

I fail to see anywhere in the Constitution and the 2nd Amendment where the restriction of a right is allowed if a compelling state interest can be shown. That my friend is a legal fiction created by a rogue justice at some point. Don't remember the case - perhaps one of our esteemed barristers here could locate it for me.

Additionally, you may have noticed the "...shall not be infringed." part. In legal terms, if i am not mistaken, there is no stronger language which could be used to impart the message that the right to keep and bear arms is something from which the government should keep its grubby paws away.


I agree that there is nothing in the constitution about a "compelling interest" or the other 99.99999999999999% of the legal tests that are used to interpret the constitution, the bill of rights, or any other statute. What is in the constitution is the power given to the courts to interpret the laws. I am sorry that I was actually arguing well settled law about fundamental rights. I should have been arguing fantasy law and Utopian ideals. If you want to talk about ACTUAL Supreme Court jurisprudence since the founding of this country then let me know.
 
Jeeper said:
I agree that there is nothing in the constitution about a "compelling interest" or the other 99.99999999999999% of the legal tests that are used to interpret the constitution, the bill of rights, or any other statute. What is in the constitution is the power given to the courts to interpret the laws. I am sorry that I was actually arguing well settled law about fundamental rights. I should have been arguing fantasy law and Utopian ideals. If you want to talk about ACTUAL Supreme Court jurisprudence since the founding of this country then let me know.
No my friend, you were arguing BS justifications for gun control. I really dont want to hear it. Your kind is the single biggest problem facing the 2nd Amendment today, and until you accept and correct that, there is nothing you can say or do which will change my mind on that, or cause me to consider you to be worthy of respect.
 
Firethorn said:
Agreed. I'll also note that they've found that the first doesn't extend to lying, such areas as libel and slander.
Oh, but it does. Libel and slander are civil offenses, not criminal. Legally, I am free to libel and slander anyone I want, and no police officer or FBI agent is ever going to arrest me for it.

However, the person or persons whom I libel or slander can certainly hold me accountable in CIVIL court.
 
HonorsDaddy said:
No my friend, you were arguing BS justifications for gun control. I really dont want to hear it. Your kind is the single biggest problem facing the 2nd Amendment today, and until you accept and correct that, there is nothing you can say or do which will change my mind on that, or cause me to consider you to be worthy of respect.

My "justifications" as you call them are the result of knowing and studying the law. The strict scrutiny analysis is a long standing precedent for US law dealing with fundamental rights, but I doubt you know that. Your justifications are a complete fantasy by someone who probably has never read a single supreme court case from start to finish. If you want to quote me ACTUAL LAW then please feel free. Name calling is really a sign of someone who cant back up there position at all. Feel free to degrade me with insults and your simplistic answers so that you can prove me right.
 
Hawkmoon said:
Sorry. ANY law that keeps guns out of anybody's hands is an "infringement." The 2nd Amendment does not include any disclaimer subjecting it to any "compelling interest." Want to keep guns away from criminals? Keep criminals away from guns. Put 'em in prison. IMHO, and the way the system was explained in social studies class back when I was in high school, when a "criminal" is released from prison, he is supposed to be a "free man." At that point, he (or she) has "paid his debt to society" and is not a criminal any longer ... unless and until he/she commits another crime.

I think your social studies teacher misled you. Just because a person is released doesn't mean that our system of government considers their debt to be repaid. What about people that get only probation as a punishment. Of course our system doesn't ever let them have them back which is wrong in my mind also. There should be a point when they can get them back.
 
Jeeper said:
I think your social studies teacher misled you. Just because a person is released doesn't mean that our system of government considers their debt to be repaid. What about people that get only probation as a punishment. Of course our system doesn't ever let them have them back which is wrong in my mind also. There should be a point when they can get them back.
No he didnt mislead me. The concept of the criminal having paid his debt to society was accepted until the 1968GCA.

If they only get probation as punishment, then then why should they not own guns? Probation means "not bad enough to lock up".

The reason our system doesnt let em have em back is because of people like you who think its ok to take rights away as long as it doesnt affect them...

Its easy to look at those who have committed a felony and say they shouldnt be armed, unless and until you realize that felony can mean something as simple as a reckless driving charge when you were 18.

Just as its easy to say the insane shouldnt be armed, until you realize that simply voluntarily admitting yourself to a hospital for help with something makes you unable to ever again own a gun.

People who say they only want "reasonable gun control" are really saying "Well it wont affect me, so what do I care? I dont have the time or the interest to give a damn about anyone else's rights".
 
Jeeper said:
My "justifications" as you call them are the result of knowing and studying the law. The strict scrutiny analysis is a long standing precedent for US law dealing with fundamental rights, but I doubt you know that. Your justifications are a complete fantasy by someone who probably has never read a single supreme court case from start to finish. If you want to quote me ACTUAL LAW then please feel free. Name calling is really a sign of someone who cant back up there position at all. Feel free to degrade me with insults and your simplistic answers so that you can prove me right.
I have never called you a name, and i'm sorry you dont like simple answers to simple questions. I can obfuscate it if you like.

I dont really care if it is currently actual law. At one point, so were the Jim Crow laws. Doesnt mean they were right now does it?

Laws are simply constructs of men. Rights are something different.

I stand by my statement. You my friend, are part of the problem.
 
HonorsDaddy said:
I have never called you a name, and i'm sorry you dont like simple answers to simple questions. I can obfuscate it if you like.

I dont really care if it is currently actual law. At one point, so were the Jim Crow laws. Doesnt mean they were right now does it?

Laws are simply constructs of men. Rights are something different.

I stand by my statement. You my friend, are part of the problem.

I guess we are responding to different questions then. I was responding to the question about which laws are constitutional. I was answering in REALITY under current jurisprdence. To answer this question you need to look at how our system analyzes the constitution. This is done at the highest level by the supreme court. They apply a variety of different test to determine what type of right it is and how the law has affected that right. If it isn't a fundamental right then the apply a lessor standard. If the right is fundamental they apply strict scrutiny. That would likely involve the "narrowly tailored compelling interest test".

We can all argue about what in theory should happen. That is fun and all, but about as useful as tits on a bull. To argue about law you need to present a law related basis for your answer. I did that.
 
HonorsDaddy said:
No he didnt mislead me. The concept of the criminal having paid his debt to society was accepted until the 1968GCA.

If they only get probation as punishment, then then why should they not own guns? Probation means "not bad enough to lock up".

The reason our system doesnt let em have em back is because of people like you who think its ok to take rights away as long as it doesnt affect them...

Its easy to look at those who have committed a felony and say they shouldnt be armed, unless and until you realize that felony can mean something as simple as a reckless driving charge when you were 18.

Just as its easy to say the insane shouldnt be armed, until you realize that simply voluntarily admitting yourself to a hospital for help with something makes you unable to ever again own a gun.


Are you posting under two separate identities here? My response was for Hawkmoon not you and yet you seem to answer like it was to you. That would be pretty pathetic but not unheard of.

My response was only directed at the limitied idea that jail is not the only punishment available to us. There are other ways that we use punishment that isn't being incarcerated. At the point that the person is free from being on parole, out of jail, or whatever then they should have all their prior rights restored.
 
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Registration doesnt work because it is always used for confiscation later on. Lenin explictly stated that one of the first steps towards establishing his totalitarian government of choice was to "register arms so that they might later be confiscated on some pretense."

The government does not have any reasonable interest in knowing who owns what, since anyone they could have a justification in disarming will get guns off the black market anyway.

Effectively disarming the american people is going to be about as successful as the war on drugs, minus the fact that firearms are explictly protected in the constitution. Even if the 2nd amendment can be brushed aside as an anachronism, the 4th, 5th and 6th amendments make it very hard to accomplish disarmament in a straightforward manner. Multiply that difficulty by a millionfold once gun owners realize what is being attempted.
 
I can't remember where the 2nd Amendment says anything about "military grade weapons."

Easy. Taken as it is strictly written, the 'arms' quoted by the 2nd were the military arms of the time. People could own military grade arms upto and including artillery. I was just extending the metaphor.

What would follow logically from your first paragraph would be that the 2nd Amendment could allow laws against misusing arms -- against using weapons to intimidate, threaten, or cause actual harm to other people.

Perhaps if you qualified "felon" with "violent," the argument might - might - be more persuasive.

It most certainly DOES allow it. It also requires that you use responsibility to only do it when appropriate. If you were to do that and there is no fire, then you are infringing upon the rights of others and putting people at risk.

This is why I'm an engineer and not a lawyer. Concepts which seem simple and straightforward to me bespoke the need for someone with better language skills to explain.

And i can dream that this nation wasnt soiled with the likes of you. It will work just as well. Your kind of gun owner disgusts me. You dont mind restrictions as long as they dont affect you and what you want to own. You arent a "hard-core 2nd supporter". You're a hard-core "Ive got mine, i dont care if you get yours" supporter. YOU sir, are the problem.

Uh, a bit over the top, I think. Looking out my window, I notice that I don't live in your libertarian dream world. There will always be those who should not partake of the right to firearms ownership...you seem to imply that anyone and everyone, no matter the circumstance, should be armed. I do not.

I applaud the end of the AWB and the 4 fold increase in CCW states. I would wish to see all of the guns laws passed since '34 go bye-bye. I would love for SCOTUS to finally take a 2A case and declare for an individual right. But even so, not everyone is going to enjoy that right.
 
About constitutional gun laws I would imagine the following things

can be done without stepping astray of the constitution:
-prohibiting people convicted of violent crimes
-prohibiting people adjudicated mentally insane in lieu of being convicted of a violent crime

maybe constitutional
-performing a cursory check at purchase time to ensure someone doesnt have warrants or is part of an aforementioned prohibited class of people. I am divided on this one because I dont like the possibility of abuse and I am not sure it is really effective. On the surface, it seems like a decent idea.
-prohibiting NBC type weapons. Then again, we can always pass a constitutional amendment reserving to congress the right to posess WMDs. Until they pass such an amendment, civilians have every right to posess such things. If we lack such authority, how could we have granted it to congress?
-prohibiting nades, rockets and explosives. These fall directly into the "militia use" category, though I am worried about the possible misuse of these toys if they became too widespread. I would hate to have my house hit by an errant RPG.

explicitly not constitutional
-keeping lists of who has what
-keeping records of who purchased a gun
-banning military small arms
-prohibiting civilians from bearing firearms in specific areas (if you are allowed to be there, so is your gun)
-prohibiting people convicted of non-violent crimes
-prohibiting people diagnosed with a mental disorder that doesnt prevent them from forming mens rea
-requiring permission to carry a firearm on one's person
-requiring permission to purchase or posess any small arm
-waiting periods
-fees or taxes levied on transfers, purchases, posession or bearing of arms
 
Jeeper said:
I think your social studies teacher misled you. Just because a person is released doesn't mean that our system of government considers their debt to be repaid. What about people that get only probation as a punishment. Of course our system doesn't ever let them have them back which is wrong in my mind also. There should be a point when they can get them back.
Probation is a sentence. They are considered "released" and "free" upon the completion of the probationary period.

The point that I and many others here try to make on this is that the system has become corrupted. It is no longer enough for a convicted criminal to complete his/her sentence (and probation or parole, if any). The system is now trying to punish convicted criminals far beyond the initial period of incarceration. It may be "legal," but that doesn't make it right.
 
Jeeper said:
Are you posting under two separate identities here? My response was for Hawkmoon not you and yet you seem to answer like it was to you. That would be pretty pathetic but not unheard of.
My mistake - didnt notice it was directed at Hawkmoon. This happens and its one of the hazards of an Internet forum.
 
HonorsDaddy said:
My mistake - didnt notice it was directed at Hawkmoon. This happens and its one of the hazards of an Internet forum.

Especially since your names both start with "H" and are about the same length. Easy to scan and misread.
 
bjbarron said:
Hawkmoon said:
I can't remember where the 2nd Amendment says anything about "military grade weapons."
Easy. Taken as it is strictly written, the 'arms' quoted by the 2nd were the military arms of the time. People could own military grade arms upto and including artillery. I was just extending the metaphor.
No, they were not. "Extending the metaphor" is another way of saying "extrapolating," but every linguistic analysis of the 2nd Amendment ever conducted has resulted in the same conclusion: The reference to a well regulated militia is a prefatory phrase which is independent of the main body of the paragraph, which stands on its own: "The right of the People to keep and bear arms shall not be infringed."

Grammatically, it would not mean anything different if it had said, "The weather usually being warmer in summer than in winter, the right of the People to keep and bear arms shall not be infringed." The prefatory clause is a simple statement of fact. It does not modify the main body at all, and the main body does not rely on the prefatory clause for validity or definition.
 
Hawkmoon said:
Probation is a sentence. They are considered "released" and "free" upon the completion of the probationary period.

The point that I and many others here try to make on this is that the system has become corrupted. It is no longer enough for a convicted criminal to complete his/her sentence (and probation or parole, if any). The system is now trying to punish convicted criminals far beyond the initial period of incarceration. It may be "legal," but that doesn't make it right.


I agree. I guess I read your previous post as saying that probabtion wasnt valid. I totally agree with your post as further explained.
 
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