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Mentally unstable people, felons, and the 2nd Amendment

Posted on 6/16/19 at 7:51 pm
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 6/16/19 at 7:51 pm
Criminals and mentally unstable people existed when the 2nd was written. Why weren’t they exempted from the right by the Framers?
Posted by Uncle Don
The Big House
Member since Jul 2018
4229 posts
Posted on 6/16/19 at 7:53 pm to
Cause we needed those frickers to lead saber charges across open fields
Posted by MoarKilometers
Member since Apr 2015
17905 posts
Posted on 6/16/19 at 7:56 pm to
Alcohol and transportation existed, but no mention of roadblock exceptions to the 4th amendment either Folks walked around with weapons everywhere, no terry frisk written in either. The list goes on and on and on...
Posted by Kino74
Denham springs
Member since Nov 2013
5343 posts
Posted on 6/16/19 at 8:00 pm to
quote:

Criminals and mentally unstable people existed when the 2nd was written. Why weren’t they exempted from the right by the Framers?


It wasn't until 1968 that felons were barred from owning firearms. The Gun Control Act was a massive gun control legislation that many people don't recognize its reach.
Posted by Clames
Member since Oct 2010
16560 posts
Posted on 6/16/19 at 8:05 pm to
quote:

Why weren’t they exempted from the right by the Framers?


They were intelligent, well educated people that understood that there will always be bad people in the world and the populace should have the best means to defend themselves. Gun-control advocates are ignorant, dishonest, and morally bankrupt fools.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 6/16/19 at 9:10 pm to
quote:

Criminals and mentally unstable people existed when the 2nd was written. Why weren’t they exempted from the right by the Framers?
Because controlling access to firearms was considered a matter for the States to handle, if they wished. The 2nd Amendment was written to keep the central government completely out of the matter.

That did not change until expansion of the misguided incorporation doctrine under the 14th Amendment
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/17/19 at 12:36 am to
Like Judge Posner accurately remarked District of Columbia v. Heller was a snowjob as far as originalism was concerned, I respect the hell out of the late Justice Scalia (RIP) but the Heller majority clearly tried to have it both ways while also not providing the lower courts any test or standard by which to scrutinize gun regulations, is what it is.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/17/19 at 12:41 am to
Aggie, I sincerely hope you’re referring to the selective incorporation the Court pulled the years following the 14th Amendment bc if you aren’t...THE FREAKING FRAMER OF THE AMENDMENT EXPLICITLY STATED THE DUE PROCESS CLAUSE WAS TO INCORPORATE THE FIRST 8 AMENDMENTS TO THE STATES
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 6/17/19 at 6:29 am to
quote:

THE FREAKING FRAMER OF THE AMENDMENT EXPLICITLY STATED THE DUE PROCESS CLAUSE WAS TO INCORPORATE THE FIRST 8 AMENDMENTS TO THE STATES
Bingham did say that. SCOTUS disagreed, repeatedly over a period of some 50 years.
Posted by Crimson Wraith
Member since Jan 2014
24745 posts
Posted on 6/17/19 at 6:34 am to
We didn't have assault knives back then.


Posted by mauser
Orange Beach
Member since Nov 2008
21532 posts
Posted on 6/17/19 at 7:01 am to
Back then criminals were hung and crazies were locked up.
Posted by PhilemonThomas
Member since Jan 2015
2942 posts
Posted on 6/17/19 at 7:38 am to
Because who are you going to give the authority to determine who is and who isn't mentally unstable? And who are you going to trust to not abuse that power? Who is not going to start expanding the definition of unstable until it includes most people?
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