rights are subject to "reasonable" restrictions?

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2dogs

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Liar Liar
By C. Chris Telander © 2003

Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add "within the limits of the law," because law is often but the tyrant's will, and always so when it violates the rights of the individual. - Thomas Jefferson

Second Amendment advocates, sadly, are more than passingly familiar with the argument that rights are subject to "reasonable" restrictions. When, on occasion, the genocide enabling morons who refer to themselves as "gun control advocates" are forced into a position where they must condescend to acknowledge that the 2nd Amendment does indeed protect an individual right, the "reasonable" restrictions argument is their primary fallback position.

Usually, their argument will go something like this: "All right. Let's assume, for the sake of argument, that the 2nd Amendment does protect an individual right. Even granting that, the right isn't absolute. Like all rights it's subject to reasonable restrictions."

"I'm a free speech absolutists." they'll continue. "I believe strongly in the unfettered freedom of the press. In spite of these strong beliefs, however, I realize that those rights aren't unlimited. There are certain reasonable restrictions placed upon both of those rights. For example: There are reasonable laws which forbid me from using my freedom of speech to slander another person, or from using the freedom of the press to libel another person. And, as everyone knows, I can't use my freedom of speech to falsely shout 'Fire!' in a crowded theater. These are reasonable restrictions that we, as a society, have placed upon the freedoms of speech and of the press. Why should a personal right to keep and bear arms, if such a right even exists, be any different? Why shouldn't that purported right be subject to similar, reasonable restrictions?"

Taken at face value, this may seem like a reasonable argument, and many who claim to be 2nd Amendment advocates have swallowed it hook, line, and sinker.

The problem, of course, is that the "reasonable" restrictions argument is utterly, irredeemably fallacious. It's just another Big Lie, in a seemingly never ending stream of Big Lies, promulgated by the victim disarmament crowd to forward their agenda.

Worst of all, it works amazingly well. The fact that many so-called 2nd Amendment advocates have been converted to the cause of their enemies, and themselves tolerate, support, or even demand "reasonable" restrictions demonstrates this fact quite eloquently. Herr Goebbels would be pleased.

It's time we put this particular falsehood to rest, permanently, before it can cause any further damage.

As Jefferson put it, our rights consist of "unobstructed action according to our will within limits drawn around us by the equal rights of others." In other words, our rights end at precisely the point where they begin to infringe upon the rights of another. This is the fundamental principle that underlies the entire concept of rights, and, it seems to me, the Zero Aggression Principle as well.

What's more, most people - yes, even the unprincipled murderer, mugger, and rapist enablers of the victim disarmament movement - will agree that our rights only extend to the point where their exercise would begin to infringe upon the rights of another.

Keeping that underlying principle in mind, let's look a little more closely at those "reasonable" restrictions on our freedoms of speech and of the press that the victim disarmers typically use as justification for restrictions upon our right to keep and bear arms.

The one thing that all of the acts proscribed by those "reasonable" restrictions have in common is the fact that every one of them constitutes a clear, direct, and provable infringement upon the rights of others. Libel and slander violate one's long standing and universally recognized right to maintain one's good name and reputation. Shouting "Fire!" in a crowded theater, when there is no fire, creates a legal fraud. In other words, since our rights only extend to the point where their exercise would begin to infringe upon the rights of another, neither libel, slander, nor falsely shouting "Fire!" in crowded theater were EVER part of our freedoms of speech or of the press to begin with.

"Now wait a minute," some may be thinking. "Since slander was never part of my freedom of speech to begin with, how can a law that punishes acts of slander be considered a restriction, 'reasonable' or otherwise, on my freedom of speech?"

It can't.

"Hold on a second here," others may muse. "If the freedom of the press never included a 'right' to commit libel in the first place, how can laws that punish libel be restrictions, 'reasonable' or otherwise, on the freedom of the press?"

They aren't.

"Just hold the phone there," still others might ponder. "Since, right from the beginning, I've never had a 'right' to falsely shout 'Fire!' in a crowded theater, how can a law that punishes me for doing so be a restriction, 'reasonable' or otherwise, on my freedom of speech?"

It isn't.

Not one of the "reasonable" restrictions typically cited by the victim disarmament crowd, as justifications for restrictions on other rights, act in any way to alter, diminish, or restrict the freedoms of speech or of the press. In other words, they're not restrictions at all. It's a Big Lie.

Unfortunately, people are seldom persuaded by facts or reason, and nowhere is this more true than among supporters of the victim disarmament movement. In spite of having been involved in the "Great American Gun War" for over a quarter-century now, I've yet to see a committed victim disarmer concede to superior facts or reason.

Raising a superior argument does produce one distinct benefit, however. It often encourages them to shut up for a while, presumably for fear of looking more foolish than they already do. And, ultimately, wouldn't we be at least a little better off if they'd ALL just shut the hell up?
 
The only "reasonable restriction" is that you cannot use your firearm to commit a crime against another person.

Take for example,

"There are reasonable laws which forbid me from using my freedom of speech to slander another person, or from using the freedom of the press to libel another person. And, as everyone knows, I can't use my freedom of speech to falsely shout 'Fire!' in a crowded theater. These are reasonable restrictions that we, as a society, have placed upon the freedoms of speech and of the press. Why should a personal right to keep and bear arms, if such a right even exists, be any different?"

Well, we already have those "reasonable restrictions". Because you cannot use your freedom of speech to libel someone does not mean you cannot "possess" your freedom of speech. Likewise you cannot use your firearm to harm someone (without good cause) but you can still exercise the freedom to keep and bear arms.

The reasonable restrictions presented in this article do NOT in any way keep you from speaking, they merely place restrictions upon how you use that freedom, not deny you the basic freedom. Therefore, if anyone tries to equate the two, merely inform them to really equate the two, a person would have to have their vocal cords removed along with their hands in order to prevent them from mis-using their "freedom of speech" in the same way they would deny you the right to physically possess a firearm.
 
2dogs, that's a very insightful analysis. I've often remarked something similar, but with a slightly different spin.

I've often felt that one has the RIGHT to say whatever one wants. However, if there's an aggrieved party, you also have to accept that others have the RIGHT to hold you accountable for any damages your transgression may have caused.

For instance, you can slander whomever you want. But if nobody believes what you say, and there are no damages or suit brought by the target of your slander, then as the saying goes: "no harm, no foul". Likewise, if you yell "FIRE" in a theater, and nobody takes exception, there's no inconvenience, ergo, no problem.

If the paradigm of punishing the ABUSE of a right for DAMAGES that resulted from a transgression were the beginning and end of legislation and statutes, we'd all be in pretty good shape. It would preserve maximum liberties, but proscribe appropriate penalties for transgressors.

Sadly, one of the many problems we have in America, is the anti-libertarian bent that the tree of justice has taken. Laws too often categorically deny a right, rather than simply proscribing a penalty if some damage should arise from the abuse of a right. One example of this would be firearms laws... rather than categorically denying the right of self defense to our citizens, one should simply hold the criminal who uses a firearm in the commission of a crime accountable for his actions.

And once a right is denied, it is rarely, if ever, reinstated. We see it happening more and more, every day, often with evidence to the contrary. Take cellphones as an example. Our various state legislatures and municipalities have been quick to jump on the bandwagon to ban the use of handheld phones, so that our lawmakers can make a name for themselves, and justify the tax dollars that they consume.

Yet, now that the evidence is mounting that clearly illustrates that cellphones are way down the list of accident causes, ranking behind many other causes of things that we DON'T ban, those laws are not repealed. Ever notice how all of the statues on the books, and the bills currently in your respective state legislatures, are all punitive in nature? Why is it that our government is used as a tool to punish citizens, rather than rewarding positive behavior? All the laws being put into place are incrementing our rights away, to punish a handful of the few who abuse them.

Sadly, our American culture has fallen from grace, and we have come into the habit of holding an entire class of citizens guilty for the misdeeds of a few reckless miscreants, or the occasional unfortunate accidents that occur.

When we rely too heavily on laws to regulate the every day social structure of Man, you take something away from Mankind.
 
I think y'all have at least some pretty good understanding. The idea of rights being absolute cannot achieved and so there must be restrictions.

Simply stated, your rights do not supercede my rights and vice versa. You may have the right to freedom of expression, free speech, and a right to bear arms, but I may not GRANT you those rights on my property. You may have the right to use lethal force to protect you and your family, but only against those who are the threat. You dont' get to hose down a cafe full of people to stop the one guy threatening you.

I find it interesting that people often like to quote that the right to bear arms shall not be infringed, but then they also state that they don't think felons should be allowed to have arms. If the right to bear arms shall not be infringed, then felons should be allowed to have arms. One fellow pointed out that felons have lost their rights. Well, if they have lost their rights, then the right to bear arms HAS been infringed. The quote is not that the right to bear arms shall not be infringed given specific parameters and restrictions.

People also like to point out that America is not a free society as claimed. Maybe that is true. Every law enacted serves to limit freedoms of some sort and ideally serves to protect its people as well, or the country. Obviously, we have to have laws to have a country and to maintain some aspect of societal order. We do live in a free country - relative to most others.
 
DNS, interesting point:
If the right to bear arms shall not be infringed, then felons should be allowed to have arms.

I guess the question is whether or not we, as a society who believes in free will, and the concept of human and civil rights, can deny those rights to those who have violated the rights of others. Can we fairly, and justly, deny liberties to others, based upon their history and/or actions?

Methinks "yes", this is a fair, just, and reasonable thing to do, in certain cases. Denying certain liberties to individuals who have proven themselves incapable of operating within the parameters of normal society, is a prudent thing to do. These persons should pay a penalty for their lack of judgement, and be held accountable for their actions. Those who have not learned to responsibly contain their rights so that they don't transgress against the rights of others, have, in a manner of speaking "not learned how to play in the sandbox nicely with the other kiddies." So, we change the "status" of that citizen, presumably until (s)he has learned that sense of responsibility to others, and oneself.

And, presumably, when that penalty, or "debt to society" is paid, the slate should be wiped clean, and (s)he can start all over again. For instance, my understanding is that felons do not have the right to vote. But when the term of their sentence is complete, it's (theoretically) as though it never happened, and voting rights are restored.

Now, with all of that said, I think that most of us here, as staunch as we are in supporting our 2nd Amendment, would agree that SOME people just shouldn't have guns, because their behavior and/or history has evidenced them to be a transgressor against our personal liberties, or a pattern of otherwise irresponsible behavior. In other words, if it looks like a duck, walks like a duck, and quacks like a duck...

I think, with rare exception, that anyone here would agree that violent felons have the right to own a gun. Someone like Charles Manson, or other persons with such severe social or mental disorders, have disqualified themselves from the right to keep and bear arms, because their behavior evidences a pattern of irresponsibly transgressing against our right to be safe. In other words, some people just can't control themselves.

However, I have a beef with some things that the law does. Where firearms are concerned, one felon is as bad as another. There is no sense of balance, or discretion, in how the restriction is applied.

For instance, an accountant who is convicted for fraud is not a VIOLENT felon, therefore, he has not disqualified himself from owning a gun. He has, however, in my opinion, disqualified himself from being a CPA.

What say you? Can we legitimately deny certain rights to certain citizens, and change their "status" in society, based upon their history of behavior? And, if so, should there not be some sort of granularity in the law that differentiates between violent and non-violent crimes, as it relates to those restrictions?

Curious to hear what everyone thinks.
 
I think criminals waive certain things when they commit a crime. The right to pack heat is one of those, I think. I think there should be a waiting period between conviction/release where you can't own a gun, depending on the crime. A police chief or a judge should be able to over-ride it early if they judge them to be reformed. I don't know if that would work or not, but it seems good to me.

People with serious mental diseases should probably be barred from owning a gun, depending on the disease.
 
I find it funny that up to the GCA '68, felons could own guns. It's funny because if you compare the crime rates of America up to 1968 and from 1968-now, the crime rates were lower when felons could own guns. I'd like to live pre-'68 please.

Of course, back then America was a different country with different values and a different cultural mindset, but that's a whole 'nuther thread.
 
Pre '68 was another time. A time when people didn't fear guns as much as now and children were taught values... /end grandpa mode.

I think if you shoot someone, rob someone with a gun or otherwise use it in a crime you have demonstrated that you will likely use it again. Such people bear close watch I think.
 
Jeff Snyder has a good article on this subject

Rights Without Exceptions

The statements of rights in the Bill of Rights are categorical and contain no exceptions. This form suggests that the rights referred to do not vary to suit the circumstance, are not to be “outweighed†in balancing tests with other rights or interests, and are not subject to unstated exceptions: Congress shall make no law abridging the freedom of speech or of the press; the right to keep and bear arms shall not be infringed; the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and so forth. Qualifications such as, “unless presenting a clear and present danger,†“except to the extent inconsistent with public safety,†or “unless outweighed by a compelling state interest†simply are not there.

...

By creating a relationship of means and end between a right and its purpose, we create a feedback loop in which the means is constantly re-evaluated and adjusted in light of the degree to which it is achieving the purpose. This process also has no logical stopping point and can also lead to the complete re-definition of the original chosen means (that is, the complete evisceration of the right). The Court’s Fourth Amendment jurisprudence provides ample evidence and proof of this.
 
2 Dogs:

EXCELLENT article!

Thank you for posting!

My opinions:

-Your rights end where mine begin. It's really that simple. I have the right to do pretty much anything that doesn't infringe upon any of your rights.

-The government exists to serve the people, NOT the other way around. Think about this concept for a few minutes. It is a very important idea, and should change your perspective on a lot of things.

-Regarding felons; is anyone going to sit here and tell me, with a straight face, that people like the Enron guys deserve to lose their RKBA for the rest of their lives, even after they get released from prison? Give me a break.

Violent felons: If we worry about a person so much that we do not think we can trust him to own firearms, WHY are they being released in the first place? However, there are also some other logical fallacies at play here;

- That owning guns would cause or encourage the individual to commit more crimes

-That victim disarmament laws would actually prevent said individual from obtaining a firearm anyways.

- Regarding mental illnesses: That is a VERY slippery slope you embark upon there, sir. What if people decided that, like homosexuality, gun ownership or fondess of guns is a "mental disease"? (I am NOT implying that I agree with those morons who think homosexuality is a disease, I'm just making a point)

What if they decide that ADD is a "mental disorder" which would preclude one from owning firearms?

And so on and so forth....
 
Rights as absolutes is a nice, philosophically neat idea that is very appealing. And I think that you can hold rights as absolutes right up to the point that you allow another living breathing human being onto your desert island. After that, its all about which restrictions are proper and which are not.

Mike
 
This might simplify things:

1. Violent felon- should be either dead, incarcerated for life, or 100% guaranteed rehabilitated (in which case he should be permitted arms).

2. Mentally ill- As regards 2nd, I don't much care if someone sees daisys that aren't there or talks to mud- only if he is (proven) violent to others in which case see #1 above for suggestions.


There is no other reason I can think of to deny someone his right to keep and bear arms, or limit that right. If this were a perfect world I suppose it would work like that. Not in this one I'm afraid. Not when laws are perpetrated on people for reasons other than common sense or justice.
 
Dr. Jones, ditto what 2dogs said.

Violent felons: If we worry about a person so much that we do not think we can trust him to own firearms, WHY are they being released in the first place?
Good question. Because the system doesn't always work. Because he might have a good lawyer. But most of all, because for now, it's just the way things are, until they change. But because things are the way they are, doesn't mean that we should expose the rest of our citizenry to MORE RISK from the person in question. Just because a person is released from jail doesn't instantly make them trustworthy. It just gives them a chance to set themselves straight, with a fresh appreciation of what it means to have rights, and a fresh perspective on the rights of others, having had theirs revoked.

What if people decided that, like homosexuality, gun ownership or fondess of guns is a "mental disease"?
Boy, if you're looking for a slippery slope, you built one into your arguement where none exists. We're talking VIOLENT TENDENCIES here, not lifestyle choices among consenting adults. Let's not change the circumstances.
 
Boy, if you're looking for a slippery slope, you built one into your arguement where none exists. We're talking VIOLENT TENDENCIES here, not lifestyle choices among consenting adults. Let's not change the circumstances.

No, you misunderstand me: There ARE people who seriously believe that homosexuality is a DISEASE, NOT the product of free choice, or just "the way someone is."

If I just happen to be smart enough to see through all the liberal anti-gun BS, and realize the benefits and pure fun of gun ownership (on top of the fact that I realize that it is an inalieable human right) there ARE people who could (and probably would) classify me as "mentally ill."

Do you get my point?

If you want to start denying people rights based on "mental illnesses" you embark upon a slippery slope, as technically ADD is a "mental illness," right?

I realize this isn't absolute, but you have to be *darn* careful and specific when restricting people's rights based on "mental illness."

Am I making sense?
 
One moment, please.

Lets NOT get involved in the side-debate on homosexuality. DrJones threw it out there as an example. However, homosexuality (like abortion and religion) has the tendency to be a polarizing and divisive topic, and the threads centering upon it tend to shed more heat than light.

This thread is about rights, and their status as absolutes or relatives. Lets continue discussing that, and not go flying off the cliff of the "homosexuals: perfectly fine, diseased, or just sick" debate. :rolleyes:

Thank you, we now return you to your regularly scheduled debates and rantings. :D

Mike
 
But wait a minute.

Does anyone accept the idea that you ever had the right to violate anothers'?

'Course not.

I never had the right to shout liblest statements, nor "Fire!" in the theater (when there was none), nor to unjustifiably shoot anyone.

That "right" never existed.

My rights are absolute. That some would confuse the issue with supposititions about "what I may do," is just silly & detracts from the discussion.

I have the right to do whatever I will long as it never infringes upon anothers' - & that right was never there to begin with.
 
Dr Jones: I think we're saying more or less the same thing here, but in different ways. There are types and degrees of "mental health" (or lack thereof), and many of those who can be clinically diagnosed are airplane pilots, policemen, or heart surgeons. The question, to my way of thinking, is whether or not that "disorder" has, or is likely to, manifest itself as a danger to others, and if it does, what the penalty or precaution should be. For instance, you can be clinically depressed, and still be a bus driver. But if that depression starts manifesting itself in your tendency to crash busloads of people into telephone poles, it's time you turned in your license. Likewise, if a social disorder, or past behavior, has manifested itself in violent tendencies, and a person has physically assaulted people, I tend to feel that person is not to be trusted with a firearm.

Coronach: Not to worry. I don't think anyone was pursuing the homosexuality issue. I'm pretty sure it was taken as illustrative by everyone here, and I just responded to it under that presumption. I think we all understood that it was just given as an example.

Labgrade: Right church, wrong pew, I think. Either your example is contradictory, or I'm not clear on where you're going.

I never had the right to shout liblest statements, nor "Fire!" in the theater (when there was none), nor to unjustifiably shoot anyone.
Well, yes you do, but concurrent to that right, presumably, I have the right to punch you in the mouth (legally speaking) for damaging my name, or have you arrested for getting me bruised from the scuffle toward the exit door in a panic. With regard to the last example, if you're at home, and a thug enters, and is threatening you and your wife with a kitchen knife, then rushes at you with perceived intent to stab you, do you not have the RIGHT to shoot him, to defend yourself? So, in that case, you DO have the right to shoot someone.

Rights are sometimes situational. It depends very much on circumstance.

My rights are absolute. That some would confuse the issue with supposititions about "what I may do," is just silly & detracts from the discussion.
No, that's EXACTLY the discussion. The question is what is a "right" and where, when, and under what circumstances can that right be restricted by law or social sanction. What you "may" do is often legal, and what you "may not" do is often illegal or immoral. So, if may/may not = legal/illegal = rights/no rights, then it's at the very heart of the discussion we're having here. The issue at stake is whether or not, rights are absolute, or if there are extreme circumstances where those absolute rights must be rescinded from individuals that have not demonstrated the commensurate responsibility to wield them.

I have the right to do whatever I will long as it never infringes upon anothers' - & that right was never there to begin with.
ah, but again, here you're being contradictory. Either rights are absolute, or they're not. You're acknowledging that in at least one circumstance, YOUR rights are NOT absolute... such as when they transgress against mine. So, if there is at least one situation where rights are situational, then it stands to reason that there are others. It is in those other areas that we're trying to discuss, debate, compare and contrast, the situation.

Geez... I just love piddling around with this stuff. It's cool.

Upon one thing we can all agree, methinks. If there were a mental disorder common to us all, it's that we're all crazy about firearms, and libertarianism. :)
 
"Rights are sometimes situational. It depends very much on circumstance.
"


No argurment, but still, more basic than that.

"With regard to the last example, if you're at home, and a thug enters, and is threatening you and your wife with a kitchen knife, then rushes at you with perceived intent to stab you, do you not have the RIGHT to shoot him, to defend yourself? So, in that case, you DO have the right to shoot someone.

"
I did mention "unjustifiably."[/I] For your example, he'd be Swiss - & likely well before being "too threatening." A "thug" (demonstrated an unknown & in-house) doesn't get to define any arguement. CO law is most clear on that & so am I. In this instance, I most certainly have "the right" to defend my household.

I'm easy on this stuff (except when "yelling" at my brother-owners ;-) & apologies, folks.) .... there's One Great Law - even the Big Ten somehow goes a bit overboard when taking the concept of the Big One into proper context.

That many don't, I'd guess that we'd need some sort of "social lubricant" to get along.

Sad that it's needed, or is it?

Beats me, Rovert. Fun enough to hash it out though.

& I don't believe that I ever had the right for libelous statements, but we could disagree as to what libelous might meen. Your punching me in the face for saying something though would certainly be a violation. Even calling The Wife a naughty name would not allow me to hit you for being silly - just doesn't go to that state.

& of course I'm contradictory. I'm not completely firm in what I think anyway. ;)

Too many circumstances that would dictate what is "right, or proper" to consider perhaps. We could thrown iout each supposition & do our take on each specific, but to write a "code" would be fruitless.

I'd guess that laws are that attempt, but fall quite short as they aren't taking into account the "higher good," merely attempting to "address" a broad aspect" of what they wish to mean.
 
Okay, I'll buy the whole basket of goods:

"I'm a Second Amendment absolutist. I believe strongly in the uninfriged right to bear arms. In spite of these strong beliefs, however, I realize that those rights aren't unlimited. There are certain reasonable restrictions placed upon right to bear arms. For example: There are reasonable laws which forbid me from using the arms that I bear to rob another person, or from using the arms that I bear to rape another person. And, as everyone knows, I can't use my right to bear arms to kill someone just because I think they need killing. These are reasonable restrictions that we, as a society, have placed upon the personal right to keep and bear arms."


Enough said ...... ? :neener:
 
Once again, even the Founding Fathers recognized that no right is absolute, especially when one of your rights impacts in a negative way on the rights of another individual.

Then it become an issue of the balancing of rights so that the burden is equally shared.

That's the entire premise behind the many court rulings that have sought to balance the rights of those protesting abortion clinics with the rights of those who wish to avail themselves of the services offered in those clinics.

Groups protesting legal abortions have claimed that it is their right, under the First Amendment, to block women from entering clinics. Another group has claimed that it is their free speech right to publish private information about employees at the clinics, as well as solicitations for the deaths of these individuals.

In that situation, whose rights are more sacred? Both groups have equal expectations of free assembly and association, privacy, free speech, etc., so the courts must treat lightly to ensure that the rights of both groups of protected.

Anyone who claims that rights are absolute and involiable isn't recognizing the fact that the exercise of rights often bring them into conflict.
 
Although, Mike, I've my own thoughts on what you brought up, I can't argue your stated premise - a quandry.

(I do wish that this keyboard would allow somewhat more vocal inflection .... - would give rise to a more reasonable approach I'm taking. Somehow speech really doesn't allow a bit more understanding over & aboard a keyboard.)

I would disagree with the premise that anyone has the right to bar free movement - yell at, sure, but not bar access to.

Most of what I'm proposing is a question, if nothing more, & a hope to get at answers of I wish I knew more.

Ought to have a "continental congress" to re-hash the whole thing & hang those who disagreed. (Likely, I'd be the first on the pike. ;) )
 
Pinned&Recessed:

Same one from GT, right?

Happy to see you here!!!

Why'd you suddenly decide to join us?

Look forward to seeing you here, at this place I call "The L.A. Forum," because this is where the magic happens... :p


"Come on in baby, da water's fine!"

:D
 
Why'd you suddenly decide to join us?

I'm working to Horizontally-Integrate myself into other gun forums.:D

Actually I was a long-time lurker at TFL, but was nervous to join. As you well know, some internet forums are VERY catty and, (for lack of better word), "evil" and "pissy" to newcomers. I had been burned in the past so I was a bit hesitant. Y'all are a good group though, so hey, I'm here! :) Better late than never.
 
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