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re: Hot Take: There is no 2nd Amendment

Posted on 5/31/22 at 3:44 pm to
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 5/31/22 at 3:44 pm to
quote:

I’m glad you aren’t on the Supreme Court, wildTcommie.

Do you care to expound on what exactly "infringement" requires vis-a-vis the 2nd Amendment?

I'm, not sure why you want to associate discussing hypothetical situations in terms of the Bill of Rights with communism.

Or are you just ironically trying to shut down the conversation?
Posted by LRB1967
Tennessee
Member since Dec 2020
22842 posts
Posted on 5/31/22 at 3:47 pm to
The right to defend one's home, family, property,and person is a natural right. It is not to be treated as a privilege or subject to regulation. This was the intent of the authors of the Constitution.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 5/31/22 at 3:47 pm to
quote:

Law/s and Precident/s that support?

Every single law passed in this country, and their supporting decisions, limiting what arms we can bear, and when and where we can bear them.

Can you appear in court brandishing a sub-machine gun? No. Your right to bear arms is restricted by the government.
Posted by rltiger
Metairie
Member since Oct 2004
1819 posts
Posted on 5/31/22 at 3:49 pm to
quote:

I may be, but your post doesn't really say how.

You seem to be the one confusing militia with nation guard. See here:
quote:
(2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.



And what Militia (2) would that be that reports to civilian authority?

I could start Cajun Militia and have 1,000 members. I don't have to report to anyone. As long as I'm not breaking laws, I'm good.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 5/31/22 at 3:50 pm to
quote:

Why don't you back up your thinking with Law?

You can't, that's why.

Jesus Christ, I didn't realize that everyone had to back up all of their positions with legal decisions on this board.

BTW, I answered your last request for 'law?'.
Posted by Taxing Authority
Houston
Member since Feb 2010
62480 posts
Posted on 5/31/22 at 3:50 pm to
quote:

I'm going to play devil's advocate here and point out the the full amendment reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Many people would argue that the 2nd Amendment requires that regulations be placed on gun ownership.
Only the idiots with a limited vocabulary. The term “regulated” is a reference to drill and maneuvers, not government oversight. Go read some von Steuben.

Also Congress gave itself the power to raise an army elsewhere in the constitution. Finally, using “regulate” (incorrectly) would mean the 2A is the only amendment of the bill of right to grant a new power to the Congress.

None of the interpretations as “government oversight” make any sense.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 5/31/22 at 3:59 pm to
quote:

I could start Cajun Militia and have 1,000 members. I don't have to report to anyone. As long as I'm not breaking laws, I'm good.

I never said you wouldn't be "good", just not a "well regulated militia".
Posted by Flats
Member since Jul 2019
26780 posts
Posted on 5/31/22 at 4:02 pm to
quote:

I’m glad you aren’t on the Supreme Court, wildTcommie.



Bro, you have freedom of speech, it's just that the government has to approve of what you say first. You can still say whatever you want, as long as it's on their official list of "things you can say".
Posted by Tigerinthewoods
In the woods
Member since Oct 2009
1716 posts
Posted on 5/31/22 at 4:03 pm to
Law/s and Precedent/s that support?

I'm still waiting...

quote:

Can you appear in court brandishing a sub-machine gun?


Has absolutely nothing to do with the meaning and intent of the second amendment. Period.

There is no point in having a substantial discussion with an idiot. They say what they want and call it a fact. When they are presented with real facts, they obfuscate.

You need to go take your nap. When you wake up, mommy will give you some ice cream.
This post was edited on 5/31/22 at 4:42 pm
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79724 posts
Posted on 5/31/22 at 4:04 pm to
quote:

Wouldn't it be cool if the government just issued these rifles?"


Interestingly, the vast majority of people for gun control claim that it doesn't apply to the people but is meant to prohibit congress from restricting states.

So, by that measure, if Congress banned private companies from making guns, the states could open their own state owned arms factories and build them for their citizens. They would then make them available to their citizens as official members of that state's militia.

There would be nothing that Congress could do.
Posted by Taxing Authority
Houston
Member since Feb 2010
62480 posts
Posted on 5/31/22 at 4:07 pm to
quote:

I never said you wouldn't be "good", just not a "well regulated militia".
Huh? Nothing in his post said anything about their discipline for drilling and formation.
Posted by Tigerinthewoods
In the woods
Member since Oct 2009
1716 posts
Posted on 5/31/22 at 4:10 pm to
quote:

Jesus Christ, I didn't realize that everyone had to back up all of their positions with legal decisions on this board.


When you call something "law", be prepared to defend it.

quote:

BTW, I answered your last request for 'law?'.


Again, you would like to think so, but again you are WRONG.
Posted by Tigerinthewoods
In the woods
Member since Oct 2009
1716 posts
Posted on 5/31/22 at 4:10 pm to
(no message)
This post was edited on 5/31/22 at 4:12 pm
Posted by Tigerinthewoods
In the woods
Member since Oct 2009
1716 posts
Posted on 5/31/22 at 4:10 pm to
Please delete.
This post was edited on 5/31/22 at 4:12 pm
Posted by dafif
Member since Jan 2019
7846 posts
Posted on 5/31/22 at 4:11 pm to
History plays an important part in analyzing the 2nd amendment

At the time of the revolution, all of those fighting used guns they owned. At the time it was recognized as arguably the single biggest factor in leading to a victory. Without those guns chance of success was practically zero.

The other consideration involved states rights and the ability to fight federal dominance and the need for those citizens to have firearms.

While protection of your family and home is a consideration, the reason for arms is to allow for protection of the state against the overreach of the federal government
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 5/31/22 at 4:14 pm to
quote:

There is no point in having a substantial discussion with an idiot. They say what they want and call it a fact. When they are presented with real facts, they obfuscate.

You need to go take your nap. When you wake up, mommy will give you some ice cream.

Jesus Christ, man, wtf is wrong with you? You can't have a simple discussion about hypotheticals?

I'm not here to make a case to take anyone's guns, I'm looking for opinions on if the government can be consider infringing if they actually issue firearms. You haven't exactly provided a whole lot of case law to support your position. And, as a matter of fact, when you say:
quote:

[brandishing a machine gun in court] has absolutely nothing to do with the meaning and intent of the second amendment. Period.

...it doesn't make much sense. The government restricts what kind of a gun you may keep ("sub-machine gun") and restricts when and where you may bear it ("in court"). Are these restrictions "infringements"?

And try to avoid the name calling and other personal attacks, they don't work like you think they do.

I've just wondered if the government could get around the whole issue by simply issuing guns. THAT DOESN'T MEAN I SUPPORT THE GOVERNMENT RESTRICTING WHAT GUNS WE MAY KEEP AND BEAR. Nor does it mean that I am against it. I would just like an opinion if issuing would necessarily skirt the infringement issue.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 5/31/22 at 4:16 pm to
quote:

Huh? Nothing in his post said anything about their discipline for drilling and formation.

wut?

Neither did I.

You ever read about the Lafayette Vigilance Committee?

Yeah, they weren't a militia. Mostly because they applied to the governor, but he refused to sanction them.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 5/31/22 at 4:17 pm to
quote:

I'm going to play devil's advocate here and point out the the full amendment reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."


Only part that matters.
Posted by jonnyanony
Member since Nov 2020
14719 posts
Posted on 5/31/22 at 4:19 pm to
quote:

Do we have gun laws? Yeah? Then we dont have a 2A.


If we're being honest, the "right to bear arms" is not restricted to guns.

The 2nd Amendment is supposed to guarantee that we can arm ourselves by whatever means we see fit.

The 2nd Amendment doesn't say shite about "guns."
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79724 posts
Posted on 5/31/22 at 4:20 pm to
quote:

just not a "well regulated militia".


You just have to have regular practice.
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