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re: 2A doesn't give us the right to bear arms.

Posted on 6/22/22 at 7:23 pm to
Posted by TigernMS12
Member since Jan 2013
5662 posts
Posted on 6/22/22 at 7:23 pm to
Just to play devils advocate, y’all realize even Scalia in Heller held that the 2A is not beyond reasonable restriction and cited laws against felons having firearms.

Do y’all think laws against felons having firearms is unconstitutional as well? Because if you don’t think a felon should have a gun then you can’t argue ANY restriction is unconstitutional.

I’m pro 2A and don’t like most of this new bill but I also don’t think a felon should have a gun thus I can’t honestly say any and all restrictions on gun ownership is per se unconstitutional
This post was edited on 6/22/22 at 7:25 pm
Posted by flyAU
Member since Dec 2010
24900 posts
Posted on 6/22/22 at 7:36 pm to
I am curious, would it be unconstitutional if they raise the age to 21?

This post was edited on 6/22/22 at 7:37 pm
Posted by troyt37
Member since Mar 2008
14675 posts
Posted on 6/22/22 at 7:37 pm to
quote:

Just to play devils advocate, y’all realize even Scalia in Heller held that the 2A is not beyond reasonable restriction and cited laws against felons having firearms.


Yep, even Scalia could be a tyrant.

quote:

Do y’all think laws against felons having firearms is unconstitutional as well?


Yes.

quote:

I’m pro 2A and don’t like most of this new bill but


There it is. Fudd.
Posted by Penrod
Member since Jan 2011
52038 posts
Posted on 6/22/22 at 7:42 pm to
quote:

Whether you agree or not there CAN be restrictions.

There already are restrictions. Hell, you have to have a permit to carry. That’s a restriction.
Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
35409 posts
Posted on 6/22/22 at 7:42 pm to
quote:

"We hold these truths to be self-evident...all men are... endowed by their Creator with certain unalienable rights. That to secure these rights, governments are instituted among men."

quote:

Our Declaration of Independence acknowledges a Creator as the source of the unalienable rights that governments are formed to secure. This acknowledgement was the very foundation of the Constitution of the United States of America. What are those unalienable rights with which we are endowed? They may be described in many ways, but English jurist Sir William Blackstone wrote in 1766, "these may be reduced to three principal articles:

the right of personal security (life);

the right of personal liberty; and,

the right of private property.."

America's written Constitution was to protect and secure God-given individual rights to life, liberty, and property. If we ever allow this foundation to be eroded and lose faith that these rights are a gift directly from GOD to each individual, then we lose the basis of the greatness of the miracle of America.

The Second Amendment is our sole guarantee that our government cannot expunge this inherent right. Unfortunately, our (s)elected "representation" has been allowing this right to be infringed upon for a century now.

It has already been trampled. Only a matter of time before it's completely erased.
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
70096 posts
Posted on 6/22/22 at 7:43 pm to
quote:

I am curious, would it be unconstitutional if they raise the age to 21?




Would be an infringement, would it not?
Posted by You_R_Here
Member since Mar 2021
347 posts
Posted on 6/22/22 at 7:54 pm to
Freedom is absolute.
Posted by LookSquirrel
Old Millville
Member since Oct 2019
7654 posts
Posted on 6/22/22 at 7:55 pm to
quote:

That isn’t going to be what SCOTUS adopts, even in the best of circumstances. So let’s talk about where the limit can be, and why?


I have no clue, at this point, what there is to discuss regarding "new" limitations.

Common sense laws?

Red flag laws? That is a very Slippery slope.

Universal background checks? Will be used and abused, if even possible.

We have plenty enough limits, as there is. This idea that they must "do something,' anything, is what got us bump stock bans after Las Vegas.
Posted by dukkbill
Member since Aug 2012
1024 posts
Posted on 6/22/22 at 7:55 pm to
quote:

If “shall not be infringed” is an absolutely restrictive clause, explain why “Congress shall make no law” is not also absolutely restrictive.




In what context? The "shall make no law" is absolutely restrictive when it comes to the establishment of religion. As for free exercise the prohibitions are only on certain actions for a "compelling state interest" and in almost all cases have dealt when there is a conflict with another person's actual right. Indeed, the Supreme Court has even stated that "the freedom to hold religious beliefs and opinions is absolute." Braunfield v. Brown The government doesn't win on too many issues dealing with the first amendment's religion, and never wins win the intent is to specifically deprive an individual and group of that right.

Now, we have allowed more restrictions on speech, but not enough to support an argument that the right is subject to reasonable restriction just because it makes governance easier. Speech is also only limited when its on time, place, and manner or subject to an infringement of other's rights. Indeed, there must be an imminent lawless action for restrictions on speech for enticement. Brandenburg

Proposals to limit 2nd Amendment rights fall far beyond these encroachments on absolute language. You are depriving a person both of their property and the right to bear arms based on fear or threats.

I cannot speak for others, but I doubt many would object to a LEO disarming an individual when they had a loaded weapon pointed at another and threatening to shoot. That would be a government action that is against the absolute language of the text, but likely to be acceptable to all.

Nevertheless, the argument that if "its not absolute, then we are just arguing about the boundaries" is intellectually bankrupt. The government must have more than a mere expectancy of more efficiency, more than a desire by the entire population; they must also have a "compelling interest" and use "The least restrictive means". Depriving someone of their constituational rights without a hearing for 21 days is neither of these things.
Posted by imageauto
Member since Apr 2020
209 posts
Posted on 6/22/22 at 7:57 pm to
So, in your opinion to fix drunk driving harming others is to take away sober drivers right to drive?
Posted by Froman
Baton Rouge
Member since Jun 2007
38623 posts
Posted on 6/22/22 at 8:00 pm to
One side says “can not infringe” the other says “well regulated”, and both are wrong.
Posted by cssamerican
Member since Mar 2011
7923 posts
Posted on 6/22/22 at 8:04 pm to
quote:

I'm pro gun but "infringe" does not mean no (however you define) reasonable restrictions.

Hmmm…. The first law passed regulating the possession of firearms was the National Firearms Act of 1934.

The US Constitution was ratified in 1789, so for 145 years you could posses whatever you wanted. That is a lot of politicians, judges, and elections that tell me for most of this country’s history it was pretty clear, shall not infringe meant NO restrictions.
Posted by Lou the Jew from LSU
Member since Oct 2006
5226 posts
Posted on 6/22/22 at 8:07 pm to
The Talmud has nothing to do with non-Jews ( and it’s spelled goyim).
It is only concerned with how Jews should live.
If you don’t know what you’re talking about, shut the frick up.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
47990 posts
Posted on 6/22/22 at 8:07 pm to
quote:

Demshoes

ummm - yes - that is precisely what it says.

"infringe" is possibly the weakest attempt to restrict rights to bear arms. It says you cannot do even THAT.
Posted by Lou the Jew from LSU
Member since Oct 2006
5226 posts
Posted on 6/22/22 at 8:10 pm to
Also, bringing up other amendments is a red herring. They do not state “shall not be infringed”.
It’s almost like the founding fathers knew what the hell they were doing.
Posted by TidenUP
Coden, AL
Member since Apr 2011
14665 posts
Posted on 6/22/22 at 8:11 pm to
quote:

One side says “can not infringe” the other says “well regulated”, and both are wrong.


And "the right of the people to keep and bear arms" speaks for itself.
Posted by TidenUP
Coden, AL
Member since Apr 2011
14665 posts
Posted on 6/22/22 at 8:13 pm to
quote:

Also, bringing up other amendments is a red herring. They do not state “shall not be infringed”.


To be fair, the 1st Amendment states "shall not be abridged". That's for a different thread though.
Posted by ShoeBang
Member since May 2012
21809 posts
Posted on 6/22/22 at 8:15 pm to
quote:

I'm pro gun but


I bet you tell people

quote:

I'm not racist but


All the time too
Posted by dukkbill
Member since Aug 2012
1024 posts
Posted on 6/22/22 at 8:22 pm to
quote:

One side says “can not infringe” the other says “well regulated”, and both are wrong.




Perhaps, but one side is clearly more wrong than the other. The prohibition against infringement does restrict or severally limit Congress's ability to pass laws. The "well regulated" in the prefatory clause announces a purpose, but does not establish a limitation.

The former has very little jurisprudence but would likely significantly curtail Congress' ability based on other BoR jurisprudence and the scant amount of 2A jurisprudence.

The latter not only tracks grammatically, within all canons of interpetation, and logically; it has also been finally adjudicated by the Supreme Court in Heller. Heller
Posted by jimmy the leg
Member since Aug 2007
42012 posts
Posted on 6/22/22 at 8:39 pm to
quote:

The First Amendment grants the right to free speech. Are there no restrictions on that right? The Fourth Amendment grants the right to be free from unreasonable searches and seizures. Are there no restrictions on that right?


You will have to point out where it states that those two rights cannot be infringed upon.
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