'Reasonable Gun Control' OpEd piece on officer.com

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ratcobob

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http://www.officer.com/web/online/On-the-Street/Op-Ed--Reasonable-Gun-Control/21$49245
 
I was heartened to read the comments from the various LEO's. Virtually all of them support our cause, and they were all very well though out and well written. This squares with what I've seen from the cops I'm friends with. You're average Joe officer working the street is usually pro-gun because he sees what works in the real world. The chiefs on the other hand are political appointees and are often anti-gun, just like their masters.
 
I agree; its not the "line officers", its the administrators that perpetuate the problem.

I belong to officer.com also. same screen name.
 
Ugh, not the same tired old arguments again....

The second line of argument is that both common sense, and certainly the courts, have always recognized that rights are subject to limitations. We all know that the first amendment's right of free speech (Congress shall make no law... abridging the freedom of speech...) does not give you the right to yell "fire" in a crowded theatre.

This argument makes several assumptions.
First, it assumes what common sense is in regard to the issue of restrictions on rights.
Second, it assumes that the courts are correct in their application of limitations on rights.
Third, the "yell fire in a crowded theatre" argument has its own set of assumptions. Can people please quit using this analogy? Like, forever? It's foolish, and displays a lack of critical thinking and originality in one's argument. Theaters are usually private places. Thus, what constitutes acceptable behavior in the theater is dictated by the theater owner. Aside from that, just because you hear someone yelling "fire" doesn't mean you have an excuse to (as the analogy implies) trample people in your mad dash to the exit. We were taught all through school how to proceed quickly but calmly to the fire exit. An emergency situation does not absolve one of the responsibility of rational thinking and respect for the welfare of others. "Is there really a fire? Where is it? Am I running toward the fire or away from it? Who is this guy who's yelling? Do I smell smoke? Why isn't the manager or usher taking charge of the situation?"

We have all had drummed into us that the fourth amendment doesn't protect citizens from search and seizure, but rather from unreasonable searches and seizures. The eighth amendment protects us from excessive bail and fines, not bail and fines.

"Unreasonable" and "excessive" are explicitly listed in those Amendments. There are no such qualifications in either the First or Second Amendments.

Another line of argument might start by noting that probably the most powerful weapons available in the late 18th century when the Bill of Rights was written were cannons. Cannons are puny weapons compared to weapons today

In the 15th Century, the Turks built a cannon that could fire a 1500 lbs stone ball over a mile. It was still functional 300 years later. I wouldn't call this puny. ;)

I think we can all agree that weapons of large-scale war should be legitimately forbidden to the general public. No one proposes that megaton bombs, for example, are legitimate in civilian hands, and I think that most of us similarly agree that even smaller military-only application weapons like surface-to-air missiles can be legitimately controlled. On the other hand, I think we can agree that weapons that can be legitimately used for self-defense ought to be allowed. Thus the litmus test for what's permitted should be "Is this a weapon that has legitimate self-defense use?"

More assumptions.

If self-defense is the litmus test, then why state

We also need to consider the fact that an armed society is the final barrier to totalitarian rule. It is a historical fact that totalitarian regimes have had to disarm their societies before they could start their mass slaughter

Would not a totalitarian regime have access to these more powerful weapons?
Is fighting a totalitarian regime or repelling an invading army not a form of self-defense?

As to the question of megaton bombs and their parallels, let's consider the following:

Some people consider private ownership of guns to be a threat, period. It matters not how the gun is handled. It matters not whether the gun is pointed at them. Its mere possession is considered to be a threat.

But what of other weapons? Knives and cars may be used to kill people. Does anyone consider the mere possession of a knife or car to be an automatic threat? Certainly not. They are considered threats based on how they are handled. We don't consider someone to be a threat just because they have a knife in their pocket. It's not until they express an intent to use it, or wield it in a way that stands a good chance of injuring someone else that we consider it a threat. Likewise, just because someone has a car, or is driving a car, we don't consider them a threat. It's not until they have the car pointed at us, while revving the accelerator, or are drunkenly weaving down the road that we consider them a threat.

If we don't apply the context of intent and behavior to determine a threat, then there is literally no object that cannot be considered a threat to someone's safety. It is in this manner that we should determine the threat of firearms and, yes, even nukes. Someone who is merely in possession of a firearm is not a threat until they express an intention to use it against someone, or handling it in a manner that stands a reasonable chance of harming someone else. The same goes for grenades, bazookas, and ICBMs. (I will admit that it may be much easier to handle a bomb in a way that has a reasonable chance of harming others.)

There is but one reasonable limitation to any action... And that is, "At what point does exercise of this action violate the rights of someone else?" Rights don't have limitations. An actions ceases to be a right when the action violates the rights of another.
 
Editor's Note: The opinion(s) expressed herein are those of the author and do not necessarily reflect the opinion(s) of Officer.com, Cygnus Business Media, any of its employees or affiliate or subordinate companies.

Or the Supreme Court, or pretty much most people but the moderate left.


The first two phrases of this amendment, A well regulated Militia, being necessary to the security of a free State, have been the source of much confusion and debate over the years about whether the right to "keep and bear arms" applies only to a militia and just what the modern-day equivalent of a militia is.

Well, actually the debate over the second amendment's meaning, from a historical, contextual, semantic and comparative perspective is settled.

Legally now too, after the Heller case.
We also need to consider the fact that an armed society is the final barrier to totalitarian rule.

Consider it, but dismiss it:

Weapons with legitimate self-defense use should be allowed, including so-called assault rifles.

On the other hand, I think we can agree that weapons that can be legitimately used for self-defense ought to be allowed.
Weapons in the gray middle area can be decided on a fact- or outcome-basis. If they prove to be a menace they can be restricted; if they do not, there's no need to restrict them further nor to ban them.

These are hugely hugely impossible standards to meet.

But this explains a lot:

Ralph Mroz is a police officer in Western Massachusetts

So is for repealing the assault weapon ban in MA or extending it? I can't tell. I am willing to bet he is considering running for public office.
 
Seems none of them heard of Heller, still trying to tie militia service to firearms ownership. Also, most favor testing - if it's held to the states in McDonald, then it will be like voting, cannot have a test. Make firearms training mandatory in school, (tie it into the American Government class, that would make THAT class a lot more fun!), like AZ does offer as an option right now.
 
Personal weapons

I often get asked where the RKBA ends. I always get the idiotic question about nuclear weapons and such.

Traditionally, the RKBA applied to personal weapons.

That effectively removes large crew served weapons, nuclear bombs and the like from the argument.
 
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