re: You Cannot Legislate Gun Violence Away Without Ending The 2nd Amendment

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They had a formal structure with uniforms and officers.

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So.

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The citizens are the militia.

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Clearly. Otherwise they founding fathers put the establishment of an army in the constitution twice. And it would be he only amendment in the Bill of Rights to establish—rather than limit—government power. Would be a massive blunder of incomprehensible proportions—especially given the difficulty in ratifying the constitution.

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That’s the “well regulated” part. The 2A allows for organization. It doesn’t require it. Good grief.

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We're talking about the NY State Constitution. Good grief.

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What other rights should a person lose if the state deems them to be crazy?

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If a person is so crazy that they need to be involuntarily committed that's one thing.

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Most of these mass shooters likely meet the threshhold to be involuntarily committed. So let's do that. I think it would make a huge difference that we can stop there.

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Ok. Send us the list of criminals / crazy people and we’ll get right on it.

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I'm not a doctor and I didn't sleep in a holiday inn last night. But we have plenty of doctors who can do this... especially when there is evidence, like there was in the Dayton shooter.

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Has nothing to do with availability. Until you can accurately assess the mental condition and successfully predict the future actions of 100+ million Americans living in a free society you will not be successful at your ideal.

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Maybe not for everyone. Maybe it's a start.

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So.

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The claim was made that the incorporation of T2A was essentially implicit in 1789 due to the extant state constitutions which already captured the right. I spot checked this claim with the NY State Constitution. The claim does not appear to hold up to that simple scrutiny.

I repeat: the States were free to absolutely outlaw or otherwise control guns to their hearts' content and it would not have been unconstitutional.

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Becuase NY had 43 officers in uniform?

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Um...what? No, because T2A ONLY applied to federal laws abridging any right to bear arms. The states could do whatever they wanted.

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Then why the frick were you babbling about fricking uniformed officers as some big gotcha?

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Because someone attempted the usual gotcha of the "militia just means muh citizens". No, NY had an organized, hierarchical militia.

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No, because T2A ONLY applied to federal laws abridging any right to bear arms. The states could do whatever they wanted.

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No. we don’t. Hey don’t exist. Psychiatrists can’t predict what patients under their long term care are going to do. The ones I know want no part in becoming fortune tellers.

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No one can predict the future.

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Well, you have > 100,000,000 firearm owners in this country. You have maybe... 5 mass shooters a year.

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You have it backwards. I'm not looking to take guns out of people's hands. I'm looking to prevent crazy people from getting guns. Also, I'm sure many shootings that don't qualify as "mass shootings" are committed by crazy people.

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Your claim they can be differentially filtered out. I’d love to hear why you believe that is possible. You’ve already conceded you don’t know how.

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Let's start with this. If someone is involuntarily committed, that's enough of a reason to take away their ability to possess a gun. We can have a legal process to challenge this, if a person thinks they are being misjudged.

Also, if a person is locked up in a crazy ward, they can't commit a shooting.