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Discussion: RE: 2nd Amendment

2,651 Views | 39 Replies | Last: 7 yr ago by Nealthedestroyer
Bitter Old Man
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Not taking a side, just want some honest discussion on this statement:

"The right to keep and bear arms should extend to all citizens up until the point where that citizen has demonstrated the inability to responsibly handle firearms via criminal or negligent action."

Where do you stand on this? Agree/Disagree/Modify? Why?
dtkprowler
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Bitter Old Man said:

Not taking a side, just want some honest discussion on this statement:

"The right to keep and bear arms should extend to all citizens up until the point where that citizen has demonstrated the inability to responsibly handle firearms via criminal or negligent action."

Where do you stand on this? Agree/Disagree/Modify? Why?

Without digging in too deep, this portion sounds WAAAAAY too subjective. So, I'll say Disagree.
plowboy1065
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S
So who is the one determining if a person is irresponsible? Govt? No thank you
powerbelly
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Quote:

demonstrated the inability to responsibly handle firearms via criminal or negligent action."
I need there to be a lot more clarification here.
schmellba99
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dtkprowler said:

Bitter Old Man said:

Not taking a side, just want some honest discussion on this statement:

"The right to keep and bear arms should extend to all citizens up until the point where that citizen has demonstrated the inability to responsibly handle firearms via criminal or negligent action."

Where do you stand on this? Agree/Disagree/Modify? Why?

Without digging in too deep, this portion sounds WAAAAAY too subjective. So, I'll say Disagree.
This. You simply cannot leave any gray area, because a gray area is an area that is subject to multiple forms of interpretation and regulation.
Ragoo
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amendments don't change, you have to pass a new one that supersedes the previous.
WC87
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The right of the people to keep and bear arms shall not be infringed.


That's perfect right there.
'03ag
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schmellba99 said:

dtkprowler said:

Bitter Old Man said:

Not taking a side, just want some honest discussion on this statement:

"The right to keep and bear arms should extend to all citizens up until the point where that citizen has demonstrated the inability to responsibly handle firearms via criminal or negligent action."

Where do you stand on this? Agree/Disagree/Modify? Why?

Without digging in too deep, this portion sounds WAAAAAY too subjective. So, I'll say Disagree.
This. You simply cannot leave any gray area, because a gray area is an area that is subject to multiple forms of interpretation and regulation.
I feel like this gets lost in the discussion all the time. Things devolve quickly into strawmen, it just pushes people further into their respective corners.

Case in point, no fly no buy. It's presented as "terrorists shouldn't get guns" and any attempt to inject nuance is swatted out to half court. 4th amendment concerns are dismissed as "The NRA" wants NO regulations because they hate children.

For MANY people the concern isn't the regulations, it's the regulators.
'03ag
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Ragoo said:

amendments don't change, you have to pass a new one that supersedes the previous.
Another prime example. Stop trying to make the 2nd amendment say something it doesn't say.

It's clear the 2nd amendment prohibits left's goals when it comes to firearm regulation. So pass a new amendment, and quit telling us we're the idiots because we can read. If you don't think you have the support for a new amendment . . . well that should tell you something.
Macarthur
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WC87 said:

The right of the people to keep and bear arms shall not be infringed.


That's perfect right there.

So if someone is clinically insane, they should be able to purchase and own as many guns as they want?
'03ag
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Macarthur said:

WC87 said:

The right of the people to keep and bear arms shall not be infringed.


That's perfect right there.

So if someone is clinically insane, they should be able to purchase and own as many guns as they want?
define clinically insane
powerbelly
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Macarthur said:

WC87 said:

The right of the people to keep and bear arms shall not be infringed.


That's perfect right there.

So if someone is clinically insane, they should be able to purchase and own as many guns as they want?
What is the definition of clinically insane?

Does depression count? PTSD?
histag10
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powerbelly51 said:

Macarthur said:

WC87 said:

The right of the people to keep and bear arms shall not be infringed.


That's perfect right there.

So if someone is clinically insane, they should be able to purchase and own as many guns as they want?
What is the definition of clinically insane?

Does depression count? PTSD?


Good point. You cant just point to the DSM and say anything classified there, because ADD and ADHD are even classified there. And i'd really like to keep my guns and continue buying when I see fit.
Sailor
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Macarthur, while I understand your position, the problem is WHO gets to decide someone's sanity. I certainly don't trust a single person to be able to remove someone's inalienable right. Is that a review board? If so, how is that board chosen? It devolves pretty quickly into partisan politics. So, spell out a process that works, then I'm onboard. Oh, that process should also include the ability to regain that right through due process.
Guitarsoup
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Quote:

shall not be infringed



MGS
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I don't even like the use of the word 'citizen' The government could just redefine citizenship. Let's keep the word 'people'.
MouthBQ98
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It is already that way. Conviction of many felonies removes your right until it is restored by petition. Being adjudicated as mentally ill and a danger to oneself or the public as well by a court.

And of course, in certain locations such as courtrooms, stadiums, planes, prisons, etc.

Your right is close to absolute, but the courts have found it to be reasonably conditional to the degree you are observant of the rights of others or critical areas of public safety.
Blane
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Are any of the BoR taken away after you commit a crime or deemed insane or negligent or unable to handle them?

I know lots of people who can't hold their tongue but it doesn't prevent them from freedom of speech.
SECeded
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Ragoo
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Macarthur said:

WC87 said:

The right of the people to keep and bear arms shall not be infringed.


That's perfect right there.

So if someone is clinically insane, they should be able to purchase and own as many guns as they want?
when did insanity become illegal? What justification do you have for removing a constitutional right from a law abiding citizen?
MouthBQ98
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It's a matter of your level of danger to others or self with mental illness. If you can't think rationally or tell right from wrong should you have or need the power to kill others? Would it be just to place others under your power?
CactusThomas
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If someone is such a threat to society that we no longer trust them with an inalienable right, then they need to be removed from society.

In other words, if you're not currently locked up then you should have the right to own firearms.
Guitarsoup
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CactusThomas said:

If someone is such a threat to society that we no longer trust them with an inalienable right, then they need to be removed from society.

In other words, if you're not currently locked up then you should have the right to own firearms.
I disagree. I think people can serve their time for their crime and just because they have served their punishment, doesn't mean I want them to have access to a gun again.
Ragoo
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MouthBQ98 said:

It's a matter of your level of danger to others or self with mental illness. If you can't think rationally or tell right from wrong should you have or need the power to kill others? Would it be just to place others under your power?
what about operate a motor vehicle? Or throw a stone?
MouthBQ98
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The mentally ill we are talking about are usually wards of a court, and many are institutionalized

Do you want a diagnosed psychotic schizophrenic to have guns?
MouthBQ98
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You are arguing to arm Adam Lanza or Dylan Roof types that are even more likely to have an episode. I am a strong second amendment type until we are talking about putting the rights of others to live at serious risk.

Limiting a right must require the appealable action of an individual court hearing and ruling.
Tom Doniphon
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Those who would give up essential Liberty, to purchase a temporary Safety, deserve neither Liberty nor Safety. ~ Benjamin Franklin
Nealthedestroyer
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MouthBQ98 said:

The mentally ill we are talking about are usually wards of a court, and many are institutionalized

Do you want a diagnosed psychotic schizophrenic to have guns?


I'll take my chances. Freedom is scary, huh.
....
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Bitter Old Man said:

Not taking a side, just want some honest discussion on this statement:

"The right to keep and bear arms should extend to all citizens up until the point where that citizen has demonstrated the inability to responsibly handle firearms via criminal or negligent action."

Where do you stand on this? Agree/Disagree/Modify? Why?





Let's switch amendments and see how people feel.




"The freedom of speech, religion, peaceable assembly, and petition the government for redress of grievances, should extend to all citizens up until the point where that citizen has demonstrated the inability to responsibly have freedom of speech, religion, peaceable assembly, and petition the government for redress of grievances via criminal or negligent action."








MouthBQ98
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I think your rights end where they clearly intrude on the rights of others. Giving a convicted murderer or uncontrolled psychopath deadly weapons is dangerously likely to intrude on the rights of others to life, property, etc.

What if I thought my right to free speech included the right to take away your property, or your right to free speech, and I had a history of doing so, and I was seeking out the means to do it again, for example?
Blane
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Crazy person can do damage without a gun. More than one way to skin a cat. Nothing prevents them from a drivers license, buying a lighter and gas, hammer, knife, etc.

Crazy gonna find a way to crazy.

Some avenues may be an easier method or cause more damage more quickly.
texags08
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histag10 said:

powerbelly51 said:

Macarthur said:

WC87 said:

The right of the people to keep and bear arms shall not be infringed.


That's perfect right there.

So if someone is clinically insane, they should be able to purchase and own as many guns as they want?
What is the definition of clinically insane?

Does depression count? PTSD?


Good point. You cant just point to the DSM and say anything classified there, because ADD and ADHD are even classified there. And i'd really like to keep my guns and continue buying when I see fit.


Same. I would be FOOKED
schmellba99
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MouthBQ98 said:

I think your rights end where they clearly intrude on the rights of others. Giving a convicted murderer or uncontrolled psychopath deadly weapons is dangerously likely to intrude on the rights of others to life, property, etc.

What if I thought my right to free speech included the right to take away your property, or your right to free speech, and I had a history of doing so, and I was seeking out the means to do it again, for example?
No, they don't. That mentality is why we have a boatload of the issues we have today. You are arguing that the collective supercedes the individual, and that is not what the founding principles of this country are based upon.

A convicted felon that has served their sentence and probation period may appeal to have their 2A rights reinstated. That does not mean that they will get them reinstated, and odds are exceedingly high that a convicted murderer would be denied their petition. Same with somebody that has been deemed by courts insane.

You have a right to free speech, and you can use that right to promote taking other's property all day long. I may dislike that you are promoting that, but you have the right to do so. And absolutely nothing will happen to you if all you do is speak on it. The second you actually try to take somebody's property, you are leaving the realm of free speech and into the realm of theft. It's not the right that is dangerous, it's the consequences of your actions that warrant punishment in some cases. Similar to the whole "yelling 'fire' in a crowded room" scenario that is often touted as proof that rights have restrictions, and incorrectly touted as much. If you yell "fire" in a crowded room and nothing happens - are you guilty of a crime? No. If you yell "fire" in a crowded room and mass panic spreads and people are trampled - you are guilty because of the reaction to your yelling, but not because of what you yelled.

If rights ended simply on the illusion of intruding on other's rights, we might as well live in a society where only the mighty rule, because those are the only ones that would be able to enforce their rights.
Ragoo
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Very well said. Thank you!
MouthBQ98
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Wait: you are both saying to me that your rights supersede mine where they come into conflict, or inevitably will? I say f--k that noise. Where our rights conflict, a court of law decides, we compromise, or we stay apart. There is no reasonable civilized alternative.

I consider myself a pretty strong civil libertarian, but at the margins where rights conflict you have to have reasonable and agreeable avenues to negotiate or compromise or settle or conflict or oppression results. Someone is going to get **** on if you are 100% absolutist in the observation of your own rights to the impairment of someone else's. This makes you an aggressor and oppressor. You cannot have a civil society without moral, civil, and reasonable individuals and cultural practices.

You both seem to be suggesting that natural and civil and legal rights magically never conflict. If that were true, government would be obsolete and we would be living in a utopian society. Unfortunately because we are individuals with diverse interests, we inevitably come into conflict and there is not always a clear hierarchy of rights in such a conflict. Where your exercise of your rights inflicts ACTUAL harm on someone else, is it still a right at that point? What if such harm is statistically inevitable, or extremely likely given known conditions, but simply hasn't come to its inevitable conclusion? You are ok with tipping over the first domino, knowing it will almost inevitably knock over the last? You are ok risking very likely or near certain and possibly irremunable harm to another in a clear chain of events that will unfold, when it could be prevented, simply because the actual point in time where the harm is inflicted has not yet occurred? I agree that the risk would have to be very clear and to s very high degree of likelihood and the potential harm very great to justify curtailing a natural civil right, but there is a point where you are saying that other people should be put at such risk simply to satisfy your own personal feelings of righteousness on the issue? Are you willing to take it to the ludicrous edge to prove your fidelity to absolutism? Can we put your child or spouse or friend in a room full of psychiatric patients with handguns for 24 hours and test your mettle, for example?

I think nearly everyone has their limit on the issue, and the most extreme of these goes so far towards being willing to allow inevitable harm to others as to being the practical equivalent of allowing or enabling or facilitating that harm. Not everyone agrees to take that caluculated risk you demand they take sovthe most absolutist observation of your right will be observed for everyone. It becomes rather impractical, and you become so grossly outnumbered that you take the real political risk of having that right forcibly removed by the majority mob with no recourse out of fear of your absolutism from a pragmatic standpoint. It's nice to theorize about the ideal, but we live in a practical world, and the courts have long recognized this and placed limits on the absolutist observation of rights where extreme risk of serious conflict and harm arises.

You can be vigilant that that limit doesn't slip regress past what is absolutely necessary, but I don't think the absolutist view can ever practically prevail without nasty conflict.

I wish it were so that our rights were sacrosanct and that we needn't risk any impairment due to the needs or rights of others, but it sometimes isn't so. When rights inevitably conflict, is it just to wait until irremunable yet preventable harm is done, and simply attribute that to bad luck or fate, or privilege of the fortunate or powerful that remain unharmed by the conflict? Is that more just? I agree we should be very vigilant with natural rights and demand their broad and general observation, but I am less sure extreme absolutism is justified where real harm is predicable and preventable at such me minimal level of intervention.
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