Montana House of Representatives votes to ignore Federal Gun Laws

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OK....lets test this....every gangbanger released from prison will be issued a full auto AK...two if they are certifably psychotic......

Sorry, wild, but you're strawmanning this one. First, prisoners weren't being issued weapons upon release prior to 1933, so you're analogy has no application. Second, you fail to prove that the laws prohibiting felons or psychotics from owning weapons have had any effect other than providing a charge for prosecutors to tack on to other charges, or in lieu of some other indictable offense. The evidence is that the two groups you've identified have not been significantly hampered in their efforts to obtain weapons from other sources due to these laws, while law abiding individuals have been hampered by these same laws.

If we run the same strict scrutiny test on gun control laws that we do on 1st Amendment issues, the result is that while the gov't has a legitimate interest in reducing injuries and deaths from gun crimes, the means chosen have not been narrowly tailored and have had the primary effect of interfering with the exercise of a constitutional right. The only way most gun laws pass constitution muster is to find that the 2nd Amendment does not confer an individual right to bear arms and thuse the gov't is free to exercise reasonable means to meet its interests (i.e. burn down the barn to kill the mouse).
 
I Particularly enjoy this line...
It also makes it illegal to issue driver's licenses to illegal aliens, which currently isn't prohibited under state law.
It's about time some laws are passed that actually make sense.

The part I do not like is how there is always somebody out there who says any pro-gun legislation is going to help the terrorists. Is "keeping guns away from terrorists" the new "do it for the kids"? I guess whatever it takes to strike fear into the hearts of us Americans....
Rep. Tim Dowell, D-Kalispell, criticized it as aiding terrorism. He noted that law enforcement officers used gun regulations to link the Washington D.C.-area sniper shootings.

Terrorists "can come to Montana, they can buy one of these weapons, go on a reign of terror, and there would be no way to track them down," he said.
 
All kidding aside, before folks start moving to Montana, ask Californian doctors and patients what happened when they started prescribing and taking pharmaceuticals forbidden by the federal government.
I bet anyone interested in making the move is annoyed by the Feds enough that they're already quite aware.
The legislation isn't some magical fix, but it thumbs the state's nose at the Federal government, which is something they all ought to do more. (Rather than becoming mere administrative districts or something.)
It also is a strong indicator of a freedom-oriented legislative attitude in the state. Which is more important in the long run than any particular piece of legislation.
 
Well Buzz, you may be wrong but at least you argue reasonably....

First, prisoners weren't being issued weapons upon release prior to 1933, so you're analogy has no application.

Ah but weapons were easily available to released felons prior to 1933 were they not? So then the analogy holds....

Second, you fail to prove that the laws prohibiting felons or psychotics from owning weapons have had any effect other than providing a charge for prosecutors to tack on to other charges, or in lieu of some other indictable offense. The evidence is that the two groups you've identified have not been significantly hampered in their efforts to obtain weapons from other sources due to these laws, while law abiding individuals have been hampered by these same laws.

Now on one hand you aregue my lack of staistical suppoirt, yet you fail to provide same. In point of fact the two groups cannot purchase guns LEGALLY, based on a law that imposes very little "hampering" on legitimate citizens.


If we run the same strict scrutiny test on gun control laws that we do on 1st Amendment issues, the result is that while the gov't has a legitimate interest in reducing injuries and deaths from gun crimes, the means chosen have not been narrowly tailored and have had the primary effect of interfering with the exercise of a constitutional right. The only way most gun laws pass constitution muster is to find that the 2nd Amendment does not confer an individual right to bear arms and thuse the gov't is free to exercise reasonable means to meet its interests (i.e. burn down the barn to kill the mouse).

In terms of the Brady Bill, your own argument is self defeating.

WildhappychinesefoodforlunchdanceAlaska
 
There are no reasonable gun control laws.
Amen, brother. :)

You and I will be fighting on the same side when the balloon flies. Unfortunately, I can't say the same with regard to wildalaska. :(
 
"Ah but weapons were easily available to released felons prior to 1933 were they not? So then the analogy holds...."

Er, no. Even after all these gun control laws have been passed, weapons are easily available now to released felons, and the premise of no utility to gun control laws holds. Just as shown by Wright, Rossi & Daly in "Under The Gun" as only one source from among many.

Art
 
A yes the name calling. Gee I forgot how much fun it was to post things contrary to the extremists.....

AH yes, the name calling. It is so simple to blow them off with the “extremist†tag when all they do is post a simple opinion to nobody in particular. Much easier to simply rattle off the one-liner to feel like their position is morally inferior without ever trying to bring the debate to them. It is like dunking on the retarded kid when he isn’t looking.

Uhhh...OK.....now that’s a position supported by the Courts.....

An opinion does not have to be supported by the courts nor does it require a THR member’s approval to be valid. At least kbarrett acknowledges that he is simply posting an opinion and not trying to construct a legal argument.

Let me pose a question to you. Before segregation was ended the Courts created rulings that allowed rampant discrimination against blacks, ala Plessy v. Ferguson. Does that mean that all the people who held the opinion that blacks were equal to whites and deserved equality were extremists who deserved to be ridiculed? Were those extremists’ opinions morally inferior to those of the KKK and unfit to be spoken? Do you, personally, stop talking about an issue when a court has sided the opposite from your opinion? By your logic, you would be wrong and that means that you would be foolish to continue to talk because you would be… a wild extremist?

Just because the Courts support something doesn’t make it morally correct or even a decent thing. There are many court opinions that are on shaky legal grounds and other courts, in another opinion, overturn them. Just because the SCOTUS says something does not mean it is morally or constitutionally correct, i.e. Brown v. Board correcting a, in my opinion, poor 1898 ruling.

Rather than come up with a logical challenge you offer the typical “extremist†scenario, i.e. issuing guns to felons, that people standing on shaky ground always come up with. “Well, would you support gun control if it meant that 1 million infant children would be spared from an agonizing death because you know, uh… a huge outbreak of criminals could occur and uh… they could take all the babies hostage in the world and uh… they could raid the HK factory and so um… yeah they would kill those babies with those guns!â€

As the wolf says in Shrek… “Come onnnnnnnn…â€

Ah but weapons were easily available to released felons prior to 1933 were they not? So then the analogy holds....

Sorry Wild, but I believe that you are going counter to your own scenario to try and make it work. You said,

OK....lets test this....every gangbanger released from prison will be issued a full auto AK...two if they are certifably psychotic......

You made no mention of them breaking the law to obtain a weapon that they could not legally obtain. You stated they would be issued weapons and buzz_knox rightly called you on your point that in 1933 they were not being issued weapons so your point was moot. You are, indeed, grasping at straws to support a statement that you might have made in haste without any thought because it sounded good.

Now on one hand you aregue my lack of staistical suppoirt, yet you fail to provide same.

Are you going to provide some statistics to back up YOUR claim that former released inmates were acquiring guns in large enough quantity through legal venues to rival them being issued a weapon on release?

you fail to prove that the laws prohibiting felons or psychotics from owning weapons have had any effect other than providing a charge for prosecutors to tack on to other charges, or in lieu of some other indictable offense

You are mad at him for challenging your one-liner and so you demand that he prove his point in his response with statistics even though you didn’t answer kbarretts original opinion with statistics proving that gun control after 1933 has made anyone safer. Why is it that everyone else has to come with statistics first but you don’t, even though you replied second? By your reasoning, you should have proven kbarrett incorrect with some statistics, so, let’s see them.

In terms of the Brady Bill, your own argument is self defeating.

He is attacking your position that there is a reason to accept restrictions on a Constitutional principle. Perhaps it goes something like this?

"If indeed the Second Amendment provides an absolute, Constitutional protection for the right to bear arms to preserve the power of the people to resist government tyranny, then it must allow individuals to possess bazookas, torpedoes, Scud missiles and even nuclear warheads, for they, like handguns, rifles and M-16's, are arms.
"Moreover, it is hard to imagine any serious resistance to the military without such arms. Yet few, if any, would argue that the Second Amendment gives individuals the unlimited right to own any weapons they please. But as soon as we allow governmental regulation of any weapons, we have broken the dam of Constitutional protection. Once that dam is broken, we are not talking about whether the government can Constitutionally restrict arms, but rather what constitutes a reasonable restriction."

Maybe you would like to discuss reasonable federal gun control, i.e. the Brady Bill, in the context of a intra-state setting? That was the topic of this post, was it not? Intra-state laws? Considering your FFL, lawyer background, and general attitude, I’m all ears and am waiting with bated breath to soak up the breadth of knowledge you are about to drop into this thread.

Well Buzz, you may be wrong but at least you argue reasonably....

Perhaps you should consider revising your sentence so that it makes you seem like less of a pompous individual. I’m not trying to attack you personally but I had the same problem until I realized that despite what I think, there are other opinions out there backed by valid reasons that I may have never seriously considered. It was a revelation for me and has made the last 20 years of my life much easier. I figure in 4 years when I turn 30, I might change but I doubt it.

Something like, “Well Buzz, you may be, in my opinion, incorrect in thismatter but your argument is very good. Let me tell you why I disagree.â€
 
Ah but weapons were easily available to released felons prior to 1933 were they not?
They still are easily available, and cheap too.

Way to go Montana. Good luck with getting Akaska style carry. NH should get it this year too.
 
Uhhh... correct me if I'm wrong, but isn't this nullification? It seems to me South Carolina had a go at nullification a few years back and it didn't work out, which was a damn shame.

Although, I suppose it can be said the only control the Feds have over firearms is via interstate commerce, so in the absence of interstate commerece they'd have no control over firearms, anyway. Yeah, well ... somebody tell that to 922(o). Please! :D
 
Allrighty then.....

.
It is so simple to blow them off with the “extremist†tag when all they do is post a simple opinion to nobody in particular. Much easier to simply rattle off the one-liner to feel like their position is morally inferior without ever trying to bring the debate to them. It is like dunking on the retarded kid when he isn’t looking.

Ummm..reading comprehesion? Did you see the particular post I responded to?

An opinion does not have to be supported by the courts nor does it require a THR member’s approval to be valid. At least kbarrett acknowledges that he is simply posting an opinion and not trying to construct a legal argument.

Au contaire, my young friend, he didnt sya 'in my opinion"...he made a blanket statement which is legally incorrect...again, reading comprehension......

Just because the Courts support something doesn’t make it morally correct or even a decent thing. There are many court opinions that are on shaky legal grounds and other courts, in another opinion, overturn them. Just because the SCOTUS says something does not mean it is morally or constitutionally correct, i.e. Brown v. Board correcting a, in my opinion, poor 1898 ruling.

The supreme court does make errrors, which with evolving law are in fact have been and can be corrected by that same court. However to equate the Supreme Court errors based on certain historical socioplitical underpinnings (ie what I have called in arguments the racial cases) to a clear and established line of modern (indeed I could argue, consistent) jusriprudence which provide a rational analysis leading to the crystal clear conclusion that some gun control laws are in fact reasonable is similar to equating the wheeled cart to Mercedes. Post hoc ergo propter hoc arguments like yours ignore the classic immutability of certain concepts inherent in Anglo-American jurisprudence.

As the wolf says in Shrek… “Come onnnnnnnn…â€

I cant decide whether your use of a cartoon characters speech in an argument about constituional law amuses me, or causes me concern for modern educational methods...but I digress....


Rather than come up with a logical challenge you offer the typical “extremist†scenario, i.e. issuing guns to felons, that people standing on shaky ground always come up with. “Well, would you support gun control if it meant that 1 million infant children would be spared from an agonizing death because you know, uh… a huge outbreak of criminals could occur and uh… they could take all the babies hostage in the world and uh… they could raid the HK factory and so um… yeah they would kill those babies with those guns!â€

Nonsensical as that statement is in the context of the present argument, I can only assume that you are considering my statement about felons to be the occasionall dispreputable legal tactic sometimes called horrendus vices...however, I again remind you of reading comprehension.....the basis of the argument here is (may I remind you that it is far more fun and far less finger paralyzing to reduce a legal argument into a piithy statement, somehting I guess Ill have to stop in order to save myself from the massive typing excesixzes)

1. ALL gun control laws are unreasonable
2. If so, then a law precluding the insane or crimnials from owning guns is unreasonable....

on the contrary

1. Precluding the insane or criminals from owning guns is reasonable
2. If so, then ALL gun control lwas are NOT unreasonable.

I could be wrong, but the vast majority of this Board, indeed, proabably the entire US vox populi AND the Courts, with more than suffieicnt constituional justification, would find a law precluding the insane and criminals (let me narrow that to felons) to be reasonable. Ergo, gun control is reasonable. Taking a contrary view is extremist. And it has nothing to do with Shrek raiding the HK factory.

Maybe you would like to discuss reasonable federal gun control, i.e. the Brady Bill, in the context of a intra-state setting? That was the topic of this post, was it not? Intra-state laws? Considering your FFL, lawyer background, and general attitude, I’m all ears and am waiting with bated breath to soak up the breadth of knowledge you are about to drop into this thread.

Well actually, my post and Buzz'z were on the sub argument of the quote "There are no reasonable gun control laws". If one is going to be sarcastic, then one should understand the argument so ones breath is not bated


Perhaps you should consider revising your sentence so that it makes you seem like less of a pompous individual. I’m not trying to attack you personally but I had the same problem until I realized that despite what I think, there are other opinions out there backed by valid reasons that I may have never seriously considered. It was a revelation for me and has made the last 20 years of my life much easier. I figure in 4 years when I turn 30, I might change but I doubt it.

Golly thanks for the lesson..I hope that someday I have your breadth of wisdom and the ability to impress YOU and other with my humility :scrutiny: :what: ..Sorry I cant take you too seriously, I have this nasty habiit of getting my panties in a bunch when someone who was poopin his diapers when I graduated law school tries to tell me what the world is all about..... :neener:


WildothankyoutamaraiwasjustwaitingtousethationeagainAlaska
 
Even after all these gun control laws have been passed, weapons are easily available now to released felons, and the premise of no utility to gun control laws holds. Just as shown by Wright, Rossi & Daly in "Under The Gun" as only one source from among many.

Umm art, actually prior to I think it was 33, on a Federal level, any one could buy a gun from any dealer, felon or not, as Peter von Frantzius would be happy to testify.

Simply because someone can break the law, doesnt mean that the law is futile.

WildbalancingtestAlaska
 
I have this nasty habit of getting my panties in a bunch when someone who was poopin his diapers when I graduated law school tries to tell me what the world is all about

20 bucks to the first person to get this exact phrase entered into a transcript at trial or, alternately, into the Congressional Record.
 
Au contaire, my young friend, he didnt sya 'in my opinion"...he made a blanket statement which is legally incorrect...again, reading comprehension......

Your comments about criminal access to firearms prior to 1933 have already been shown to be incorrect, based on the fact that you argued that criminals were being given firearms, rather than access. A far different thing, so the strawman analogy still applies.

The only legal comment I made and which you argued is legally incorrect is the reference to the strict scrutiny analysis. Yet, you offer no rebuttal, you simply cite to the Brady Bill. And yes, the Brady Bill is unconstitutional when the strict scrutiny test is used. It has the effect of barring individuals who have committed no crime from obtaining firearms due to their names being erroneously linked with a crime, or due to the chilling effect that having their purchases entered into a database has on the tendency of some to exercise their rights.

By the way, if you accept that there is an individual right to keep and bear arms guaranteed of the Constitution, then there are no reasonable gun laws. The very term implies that if a law is reasonable way of achieving a goal, it is acceptable. That is legally incorrect when applied to a civil right.

There can easily be narrowly tailored and necessary gun laws, such as prohibiting felons from accessing weapons, or those who have been judged mentally incompetent and dangerous to themselves and others during the period they are psychotic or incompetent. But those can be enforced by making possession of the weapons the criminal act, not by the chilling effect of asking individuals before hand if they are a criminal. We do not inquire of individuals if they have a tendency to slander or libel before they excercise their 1st Amendment rights, nor do we even ask someone if they have ever been convicted of arson or judged to be a pyromaniac when they buy a gallon of gas . . . or a tank load of diesel to add to fertilizer.
 
I think his tendency is to ignore those who confuse the person with the argument, or who impugn one's intergrity to a degree not called for by the situation. I've disagreed with him before (sometimes quite stridently) without a problem. Debate is never a problem when people remember to confront with the issues at hand rather than the individual, unless that individual's behavior or statement is the issue.
 
would find a law precluding the insane and criminals (let me narrow that to felons) to be reasonable. Ergo, gun control is reasonable. Taking a contrary view is extremist. And it has nothing to do with Shrek raiding the HK factory. - Wildalaska

A digression from the thread topic, but I regard it as a good argument that a freed felon has the right to self defense, not to exclude firearms. If that is not the case, I would agree with the premise that the felon should still be in jail. I think believing otherwise is just an excuse for gun control and demonizes rather than honors reasons for carrying a gun. I choose not to dignify or accept laws which restrict gun ownership by felons.

I wouldn't change the current status quo without a comprehensive program that reconsiders under what circumstances a felon is released. I would also reconsider standards of sentencing and whether felony as a broad category should always apply to gun ownership. If the crime committed did not involve brandishing a weapon or firing of a gun, I would make a distinction.

Felons are only on par with the mentally incompetent, unqualified to have and exercise certain rights with great responsibility, when they do not demonstrate a comprehension of the difference between right and wrong, social behavior in general. Again, if a felon is believed to be unpredictable, the felon should not be free. If nothing else, someone (society) needs to assume responsibility for his protection from personal harm. I believe that gun owners should regard the right of self defense as sacred. Is it a right or is it a privilege to which they are currently entitled?

I would make no real distinction in my arguments re felons, if we were talking about the right to vote.

Argued to its logical conclusion, I think some felons as well as society would be better off when capital punishment remains an option and is carried out without years of nonsense. If a sentence is valid, get it over with, and save the space and cost. Why should due process be a bad joke?

Is this "extremist"? I don't think so, but the label of extremist can be used as an attempt to discredit an opposing argument. Applying the label matter of factly is not valid. Believing that relative term applies is an opinion.
 
As Realgun says, this is a digression but a good one. If the purpose of prison is rehabilitation, then why do we continue to punish felons after they have been released, and presumably rehabilitated? If the purpose of prison is punishment, and the continued abrogation of their rights as citizens is part of that punishment, then why not skip prison altogether for non-violent offenders and focus on the abrogation of rights?

As Realgun suggests, if these people are too dangerous to be "trusted" with the free excercise of their rights, then they are too dangerous to be walking the streets.
 
The supreme court does make errrors, which with evolving law are in fact have been and can be corrected by that same court. However to equate the Supreme Court errors based on certain historical socioplitical underpinnings (ie what I have called in arguments the racial cases) to a clear and established line of modern (indeed I could argue, consistent) jusriprudence which provide a rational analysis leading to the crystal clear conclusion that some gun control laws are in fact reasonable is similar to equating the wheeled cart to Mercedes. Post hoc ergo propter hoc arguments like yours ignore the classic immutability of certain concepts inherent in Anglo-American jurisprudence.


Nonsensical as that statement is in the context of the present argument, I can only assume that you are considering my statement about felons to be the occasionall dispreputable legal tactic sometimes called horrendus vices...however, I again remind you of reading comprehension.....the basis of the argument here is (may I remind you that it is far more fun and far less finger paralyzing to reduce a legal argument into a piithy statement, somehting I guess Ill have to stop in order to save myself from the massive typing excesixzes)

1. ALL gun control laws are unreasonable
2. If so, then a law precluding the insane or crimnials from owning guns is unreasonable....

on the contrary

1. Precluding the insane or criminals from owning guns is reasonable
2. If so, then ALL gun control lwas are NOT unreasonable.

I could be wrong, but the vast majority of this Board, indeed, proabably the entire US vox populi AND the Courts, with more than suffieicnt constituional justification, would find a law precluding the insane and criminals (let me narrow that to felons) to be reasonable. Ergo, gun control is reasonable. Taking a contrary view is extremist. And it has nothing to do with Shrek raiding the HK factory.

Finally! Thank you very much for stating your position and explaining yourself in a more concise manner. I wish you had spent a little more time or cited a few cases showing the connection between reasonable restriction and gun control but I'm just so happy you actually wrote, in my opinion, a decent argument rather than a one-line attention grabber. I hope that everyone reads the above because I think it really does show the good reasons that Wild has for supporting some gun control. Thank you so much for taking the time to do that, I appreciate it.
 
I wish you had spent a little more time or cited a few cases showing the connection between reasonable restriction and gun control but I'm just so happy you actually wrote, in my opinion, a decent argument rather than a one-line attention grabber.

Dude, my keyboard is glad I didnt...Idont do attention grabbing one liners, I do keyboard life enhancement...I type with two fingers at afuriously pounding rate....more than just a few lines wakes up the neighbors and makes the foundations shake...

WildlearnedonamanualAlaska
 
"The supreme court does make errrors, which with evolving law are in fact have been and can be corrected by that same court. However to equate the Supreme Court errors based on certain historical socioplitical underpinnings (ie what I have called in arguments the racial cases) to a clear and established line of modern (indeed I could argue, consistent) jusriprudence which provide a rational analysis leading to the crystal clear conclusion that some gun control laws are in fact reasonable is similar to equating the wheeled cart to Mercedes. Post hoc ergo propter hoc arguments like yours ignore the classic immutability of certain concepts inherent in Anglo-American jurisprudence."

From a purely commonsensical position, I agree with what I believe you're saying here, i.e. that modern jurisprudence is more reasonable than that of old. However, I would be careful about using this as an argument to support anything else, since I would bet that people then felt the same way about their "modern" jurisprudence.

" Nonsensical as that statement is in the context of the present argument, I can only assume that you are considering my statement about felons to be the occasionall dispreputable legal tactic sometimes called horrendus vices...however, I again remind you of reading comprehension.....the basis of the argument here is (may I remind you that it is far more fun and far less finger paralyzing to reduce a legal argument into a piithy statement, somehting I guess Ill have to stop in order to save myself from the massive typing excesixzes)

1. ALL gun control laws are unreasonable
2. If so, then a law precluding the insane or crimnials from owning guns is unreasonable....

on the contrary

1. Precluding the insane or criminals from owning guns is reasonable
2. If so, then ALL gun control lwas are NOT unreasonable.

I could be wrong, but the vast majority of this Board, indeed, proabably the entire US vox populi AND the Courts, with more than suffieicnt constituional justification, would find a law precluding the insane and criminals (let me narrow that to felons) to be reasonable. Ergo, gun control is reasonable. Taking a contrary view is extremist. And it has nothing to do with Shrek raiding the HK factory."


I would hope that what you meant to say here in point 2 to the contrary is actually "If so, then not ALL gun control laws are unreasonable."

"Golly thanks for the lesson..I hope that someday I have your breadth of wisdom and the ability to impress YOU and other with my humility ..Sorry I cant take you too seriously, I have this nasty habiit of getting my panties in a bunch when someone who was poopin his diapers when I graduated law school tries to tell me what the world is all about..... "

You'll have to forgive Deavis. While life has taught him a thing or two about humility over the years, it has obviously taught him little about trying to pass it on to members of the bar.
 
WA, looking at your "Simply because someone can break the law, doesnt mean that the law is futile." comment:

In the case of law and felons, the law is indeed futile. At least in terms of prevention of possession of firearms by felons. What's changed over the decades is the source of said firearms, commonly known as "the street".

I cited Wright, Rossi & Daly because of the primary conclusion they reached in their studies: No gun control law ever passed in the State of Florida had ever affected the rates of violent crimes. In their studies, numerous interviews with felons in Florida's Raiford Prison brought out no concern as to difficulty of acquiring guns after release.

Art
 
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