Do background checks infringe upon my right to bear arms? | Page 2 | TigerDroppings.com

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Poodlebrain
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Way Right of Rex
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re: Do background checks infringe upon my right to bear arms?


Yes. anything that can delay, or prevent, you from exercising a right is an infringement. Whether an infringement is reasonable, or not, is another issue.





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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
25459 posts

re: Do background checks infringe upon my right to bear arms?


quote:

Yes. anything that can delay, or prevent, you from exercising a right is an infringement. Whether an infringement is reasonable, or not, is another issue.



Shouldn't the states be the arbiters of what is a reasonable infringement and not the federal government? After all, the constitution starts off with "congress shall make no law". In other words all these gun control machinations that congress is going thorough that may turn out as gun control legislation is really beyond their authority.






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Interception
Providence Fan
Member since Nov 2008
11089 posts

re: Do background checks infringe upon my right to bear arms?


LINK

quote:

1st Amendment Limitations

Obscenity is not protected by the First Amendment and can be regulated by the government. The test for whether something is “obscene” is:

whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient, shameful or morbid interest; AND
whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; AND
whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Nudity in both art and pornography enjoy some constitutional protection, although art receives greater protection. The First Amendment does not, however, protect any nudity that satisfies the above test for obscenity.

Even if a work is not considered obscene for adults, it might be deemed too sexually explicit for the eyes of minors. So-called “harmful to minors” standards are applied to shield children from material such as commercial pornography.

Obscenity should be distinguished from expression that might be offensive to some people, but does not rise to the level of “obscene” under the above test. Here are some examples:

To protest the Vietnam War draft, a man wrote “F*ck the draft” on his jacket. He was arrested and his arrest was overturned by the Supreme Court on the grounds that his jacket was a form of speech protected by the First Amendment. Although the speech may be offensive, as the Court pointed out, “one man’s vulgarity is another man’s lyric.” Cohen v. California, 403 U.S. 15 (1971).

An ordinance that made it illegal to promote and incite racial or religious hatred was found unconstitutional. A city wanted to use the ordinance to prevent a Nazi march in a heavily Jewish city. However, the Supreme Court held that any shock that may result from the march came from the ideas themselves and the First Amendment prevented the government from censoring ideas, however reprehensible. Nationalist Socialist Part of America v. Village of Skokie, 432 U.S. 43 (1977).
Government Restrictions on Speech:

Even “pure speech” may be curtailed under specific circumstances. Despite the unqualified language of the First Amendment, there are circumstances when the act of speaking or otherwise expressing one’s self may be subject to government restraint. Only under the most limited circumstances, however, may such restrictions be related to the content of the speech. Ordinarily, such restrictions will only be permissible if they are content-neutral.

Time, Place and Manner of Speech:
The government has some discretion in regulating the time, place or manner of speech of any kind, even if it is otherwise protected. Such regulations govern when, where, or how expression may occur. To be permissible, the regulation must:
(1) be content-neutral
(2) be narrowly tailored to serve a significant government interest; and
(3) leave open alternative channels of communication.

If the government has a genuine and substantial interest in regulating the conduct at issue, and does so in a way that infringes speech rights no more than necessary, the action will normally be sustained. If, however, the real purpose is to suppress speech because of its content or message, or if the state’s objectives are not that important or the means it has chosen to achieve them are not well-tailored, the free speech claim will normally prevail.


Just so we are clear about the 1st Amendment not being infringed upon. There are indeed certain limitations to the 1st Amendment.

Should we allow criminals to buy guns so you wont be subject to background checks? Is that what you are saying?




This post was edited on 3/31 at 12:55 am


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cahoots
LSU Fan
Red Stick
Member since Jan 2009
2007 posts

re: Do background checks infringe upon my right to bear arms?


I think we should sell fully automatic rifles to 8 year olds at chuck e cheese. 2nd amendment. Frick yeah, 'Murica. I'll keep my freedom and my gunz, you keep the change. Am I right or am I right?


This post was edited on 3/31 at 12:56 am


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Interception
Providence Fan
Member since Nov 2008
11089 posts

re: Do background checks infringe upon my right to bear arms?


quote:

I think we should sell fully automatic rifles to 8 year olds at chuck e cheese. 2nd amendment. Frick yeah, 'Murica. I'll keepy freedom and my gunz, you keep the change. Am I right or am I right?


A 3 year old should be able to buy a AR-15 without a parents permission if you think about it. In fact, a preschooler should be able to carry a weapon in a classroom.






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cahoots
LSU Fan
Red Stick
Member since Jan 2009
2007 posts

re: Do background checks infringe upon my right to bear arms?


Yes. We're on the same page. The 2nd amendment is ABSOLUTE





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NaturalBeam
LSU Fan
Member since Sep 2007
13115 posts

re: Do background checks infringe upon my right to bear arms?


Of course it is an infringement. You can't name a single "right" granted to us that doesnt have some sort of supposedly limited and reasonable restrictions on those rights. It's never an absolute. I don't think anyone ever pretended it was otherwise.





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TrueTiger
LSU Fan
Chicken's most valuable
Member since Sep 2004
11201 posts

re: Do background checks infringe upon my right to bear arms?


If the pols that wanted it were honest, not many would mind. But we all know that for them this is only a tool that will be used for future infringements.

This is the innocent looking part of their plan and of course on its face it looks somewhat palatable to the general public. The promise that this is all there is too it, but they don't tell you that it is a prelude to a bigger confiscation plan.

Just like Obamacare, remember. "You won't have to change your doctor" (mine retired), "Premiums will go down by $2,500 per family" (mine is going up), "It won't add a dime to the deficit" (they are only off by a trillion).

So, if you're paying attention you can plainly see the technique being employed to destroy freedom. It's basically a giant bait and switch.






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ljhog
Arkansas Fan
Lake Jackson, Tx.
Member since Apr 2009
10202 posts

re: Do background checks infringe upon my right to bear arms?


quote:


Do background checks infringe upon my right to bear arms?

No, but concealed carry laws do, IMO.






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pointman
LSU Fan
new orleans
Member since Dec 2010
1065 posts

re: Do background checks infringe upon my right to bear arms?


He'll yea





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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
25459 posts

re: Do background checks infringe upon my right to bear arms?


quote:

Should we allow criminals to buy guns so you wont be subject to background checks? Is that what you are saying?


Honestly I'm just trying to explore the apparent subjective boundaries of "shall not be infringed". However specifically to your question it seems the way the constitution is set up state legislatures should be outlining the requirements for gun ownership.






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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
25459 posts

re: Do background checks infringe upon my right to bear arms?


quote:

Of course it is an infringement. You can't name a single "right" granted to us that doesnt have some sort of supposedly limited and reasonable restrictions on those rights. It's never an absolute. I don't think anyone ever pretended it was otherwise.


Then why weren't the founding fathers more specific on the limits of that infringement? I think the reason was to allow the states to make that determination.






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aaronb023
LSU Fan
Boxtard Baseball Club
Member since Feb 2005
10814 posts

re: Do background checks infringe upon my right to bear arms?


I personally feel like i'm being disenfranchised by having to present an ID to buy a gun.





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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
25459 posts

re: Do background checks infringe upon my right to bear arms?


quote:

If the pols that wanted it were honest, not many would mind. But we all know that for them this is only a tool that will be used for future infringements.


Agree. The slippery slope argument is real.

quote:

So, if you're paying attention you can plainly see the technique being employed to destroy freedom. It's basically a giant bait and switch.


Because federal background checks seem so reasonable. The irony is federal background checks won't do a damn thing to curb criminal activity with guns.






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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
25459 posts

re: Do background checks infringe upon my right to bear arms?


quote:

I personally feel like i'm being disenfranchised by having to present an ID to buy a gun.


I get the joke but seriously, that's not a federal requirement that's a state requirement, right?






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aaronb023
LSU Fan
Boxtard Baseball Club
Member since Feb 2005
10814 posts

re: Do background checks infringe upon my right to bear arms?


quote:

I get the joke but seriously,


no more of a joke than people being disenfranchised by having to present an ID to vote



This post was edited on 3/31 at 7:31 pm


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Fun Bunch
New Orleans Saints Fan
New Orleans
Member since May 2008
26633 posts

re: Do background checks infringe upon my right to bear arms?


Restrictions to a right are allowed as long as it is a reasonable one (there is a very high standard as to reasonableness).





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Tigah in the ATL
LSU Fan
Atlanta
Member since Feb 2005
25237 posts

re: Do background checks infringe upon my right to bear arms?


quote:

Do background checks infringe upon my right to bear arms?

your right to bear arms is already way the hell infringed upon.






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Patrick O Rly
New Orleans Saints Fan
y u do dis?
Member since Aug 2011
38223 posts

re: Do background checks infringe upon my right to bear arms?


quote:

Just wondering.



For me this is a mixed decision. I believe in self defense. I don't believe in aggression. If you've shown aggression, I would like for you not to have arms. But that would mean the military and police would be without guns. I think people would be mad at me about that. I'm not ready for it.






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Patrick O Rly
New Orleans Saints Fan
y u do dis?
Member since Aug 2011
38223 posts

re: Do background checks infringe upon my right to bear arms?


quote:

your right to bear arms is already way the hell infringed upon.



This is true. It's sad.






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