Gun rights vs responsibilities by the government (Full Version)

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tazzygirl -> Gun rights vs responsibilities by the government (7/4/2011 8:43:31 AM)

Yep, I know this is potentially a loaded thread... but what the hell!

You have the right to own a gun, according to the Constitution. Thats not something I EVER want to mess with. I grew up around guns, my dad was military. My grandfather owned hunting rifles, my grandmother was a crack shot with a 22. My brother owns gun and my nephews are taking safety courses.

For thr purpose of this thread, we are discussing legal firearms. So, lets keep all the illegal guns out of the picture.

I have posted before that I believe... and this is only my belief... that gun shows make a mockery out of our criminal background checks. Independent, private gun sellers can sell to other private buyers and the government has no clue who owns what.

Now, we come to the point of this thread. Illinois has passed a law keeping names of those who hold a firearm owner identification card in Illinois. As I started to read the article, I thought, "Ok, I can see how the state doesnt want addresses to be given out and potentially fall into the wrong hands. No big deal here".

I started to skim through the rest, just to see if I might have missed anything... and there it was... something that was buried in the body.

In a 42-1 vote, the Senate passed a measure overturning a ruling by Attorney General Lisa Madigan’s office that said the names are public under the state’s open records law. Madigan’s office issued the decree earlier this year after the Illinois State Police refused to release to The Associated Press the names of 1.3 million people who are registered to own firearms.

The AP’s request set off howls of protests from gun owners and the state police, who said they feared criminals would use the information to steal guns or target those who weren’t armed.

Madigan’s office said the State Police had given no proof to back up claims that releasing the names would endanger gun owners. She said the opinion applied only to permit holders’ names and the expiration dates on their permits, while addresses and phone numbers would remain private. The AP did not ask for cardholders’ addresses and sought the records to, among other things, review governmental action.

By prohibiting the names’ release, Illinois follows the lead of Florida and Tennessee, which shut off access to information about people with permits to carry concealed firearms after newspapers revealed significant lapses.


(I will link the source at the end)

The State doesnt wish criminals to know where the gun holders live... something that was never asked for. But read the last paragraph. Significant lapses?

Seems a few other states have been found to be "lax" on their permits.

A newspaper investigation in south Florida published in 2007 found that 1,400 people given concealed-carry licenses in the first half of 2006 had earlier pleaded guilty or no contest to felonies. In Memphis, Tenn., a newspaper found at least 70 people in the metropolitan area with carry permits despite violent histories.

Brian Malte of the Brady Campaign to Prevent Gun Violence has said that if cardholders’ names are shielded from public scrutiny, “there needs to be assurances by government officials that they will audit the system to make sure it’s working as intended.”

“What is the mechanism, then, for Illinois state government to ensure the citizens that the permitting system is working as intended and that people aren’t slipping through the cracks?” Malte said.

Todd Vandermyde, the Illinois lobbyist for the National Rifle Association, said neither the media nor the general public has right to information on gun owners and suggested that lawmakers should not even have required FOID cards.

“It’s nobody’s business what I keep in my home,” he said. “It’s not my fault the state of Illinois requires me to get a license to exercise a constitutional right. Just because I choose to exercise it is no reason for the news or anyone else to be prodding around in my rights.”



Read more: http://www.foxnews.com/politics/2011/07/03/illinois-governor-signs-bill-banning-release-firearm-owners-names/#ixzz1R9SAFxYu

And in charges the NRA, stating something that is only meant to inflame instead of reassure. In Florida, 1400 people had the legal right to carry a firearm after being convicted of a felony. Shouldnt that worry legal gun owners?

We talk alot about slippery slopes on these boards. Isnt this just one of those lopes heading in the wrong direction? I was all set to back this law. Gun owners shouldnt have to prove what they own. But the government SHOULD have to prove that those who carry are legally able to do so.




DomKen -> RE: Gun rights vs responsibilities by the government (7/4/2011 9:29:27 AM)


quote:

ORIGINAL: tazzygirl
And in charges the NRA, stating something that is only meant to inflame instead of reassure. In Florida, 1400 people had the legal right to carry a firearm after being convicted of a felony. Shouldnt that worry legal gun owners?

I oppose the new interpretation of the 2nd amendment divorcing it from half of the words in the actual text.

However if we are going to treat gun ownership as a right granted by the US Constitution then no one in the US should be denied the the right to own guns. That includes felons who have completed their sentences, the criminally insane etc..




tazzygirl -> RE: Gun rights vs responsibilities by the government (7/4/2011 9:32:26 AM)

Yet, we have the right to vote by the Constitution.... the right to vote after turning 18.

We have the right to own property... after the age of 18.

There are many rights that are conditional. Why should this one be any different?




DomKen -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:02:12 AM)


quote:

ORIGINAL: tazzygirl

Yet, we have the right to vote by the Constitution.... the right to vote after turning 18.

We have the right to own property... after the age of 18.

There are many rights that are conditional. Why should this one be any different?

We do not have the right to vote. Bush v Gore settled that. The 26th amendment simply says that voting cannot be limited because of age, except for people younger than 18.

There is no right to own property in the Constitution.




Real0ne -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:07:51 AM)

quote:

I have posted before that I believe... and this is only my belief... that gun shows make a mockery out of our criminal background checks. Independent, private gun sellers can sell to other private buyers and the government has no clue who owns what.



well if you want to keep it within th ebounds of what is lego......  I suggest that gun laws violate ones privilege to contract, ones privilege to self defense, ones privilege to chose of religion, ones privilege to both own and bring to bear.

not only are gun laws as in restrictions a mockery but breach of contract, breach of trust, breach of fiduciary duty of public trustees.







BamaD -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:14:15 AM)

If you read the words of the people who wrote the Constitution and the Bill of Rights they made it very clear that the right to bear arms was intended as a individual not a state right.  For example Federalist paper #46   




tazzygirl -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:17:16 AM)


quote:

ORIGINAL: DomKen


quote:

ORIGINAL: tazzygirl

Yet, we have the right to vote by the Constitution.... the right to vote after turning 18.

We have the right to own property... after the age of 18.

There are many rights that are conditional. Why should this one be any different?

We do not have the right to vote. Bush v Gore settled that. The 26th amendment simply says that voting cannot be limited because of age, except for people younger than 18.

There is no right to own property in the Constitution.


And, again, this isnt about gun owners




Real0ne -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:17:56 AM)

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: tazzygirl
And in charges the NRA, stating something that is only meant to inflame instead of reassure. In Florida, 1400 people had the legal right to carry a firearm after being convicted of a felony. Shouldnt that worry legal gun owners?

I oppose the new interpretation of the 2nd amendment divorcing it from half of the words in the actual text.

However if we are going to treat gun ownership as a right granted by the US Constitution then no one in the US should be denied the the right to own guns. That includes felons who have completed their sentences, the criminally insane etc..


well I know you seen the scotus ruling that first 10 amendments do not apply to you as an individual, but to the states.

So apparently the high courts have determined that Mr and Mrs New York will bear an arm and Mr and Mrs Vermont will join them as "we the people" UNDER the constitution.

Fortunately we have the states legislatures to vote FOR us on these matters and all matters of the "people".

Isnt it kool that they dont need you or I?  What a nice convenience!




tazzygirl -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:19:08 AM)


quote:

ORIGINAL: Real0ne

quote:

I have posted before that I believe... and this is only my belief... that gun shows make a mockery out of our criminal background checks. Independent, private gun sellers can sell to other private buyers and the government has no clue who owns what.



well if you want to keep it within th ebounds of what is lego......  I suggest that gun laws violate ones privilege to contract, ones privilege to self defense, ones privilege to chose of religion, ones privilege to both own and bring to bear.

not only are gun laws as in restrictions a mockery but breach of contract, breach of trust, breach of fiduciary duty of public trustees.






Again, this isnt about gun owners. Its about the laws a state makes, then doesnt seem to want to prove they are following them.

But, I have to ask... what does this have to do with religion? A concise explanation will do.




Real0ne -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:35:01 AM)

there is a microscopic fine line if any between ones politics and religion.

Some people govern "themselves" wholly from the bible.

Define "state"  "State"

You may be shocked at the real meaning.




mnottertail -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:45:52 AM)

no difference.





Real0ne -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:57:16 AM)

quote:

ORIGINAL: BamaD

If you read the words of the people who wrote the Constitution and the Bill of Rights they made it very clear that the right to bear arms was intended as a individual not a state right.  For example Federalist paper #46   



but the courts rule this joint and they said your interpretation is bullshit!

Again here is the spies case where the supreme court and the states made it perfectly clear that the 10 amendments of the bill of rights that americans hold so near and dear as their individual and personal rights RESERVED, NOT GRANTED by some flunky assed state to themselves.

A reserved right is "unalienable" hence unassailable by the "LEGITIMATE" guv power structure and outside the jurisdiction of the constitution

the courts are UNDER the constitution, with the understanding that the courts would "recognize" the individuals "unalienable" rights, and the recognition of "UNALIENABLE RIGHTS" have been completely abolished by the legislature without the consent of the people.

You have no remedy without recognition by a US Court priest in the black rode.

The state employees take an oath to uphold and enforce the sovereignty of the state NOT the sovereignty of the individual!

A logical fallacy would be that a population of slaves have any legitimate authority operate a sovereign state yet that is the kind of double-think people are faced with today.

Now how was this feat of magic accomplished by the guv?  Well read the spies and abrahamson case.


quote:

(123 u. s. 131)
THE ANARCHISTS' CASE.1
Ex parte SPIES and others. (October 2 J, 1887.)

ERROR, WRIT OF—FROM UNITED STATES SUPREME COURT—MOTION IN OPEN COURT.    

That the first 10 articles of amendment were not intended to limit the powers of the state governments in respect to their own people, but to operate on the national government alone, was decided more than a half century ago, and that decision has been steadily adhered to since.   Barron v. Baltimore., 7 Pet. 243, 247;   Livingston v. Moore, Id. 469, 552;   Fox v. Ohio, 5 How 410, 434;   Smith v. Maryland, 18 How. 71, 76;   Withers v. Buckley, 20 How. 84, 91;   Percear v. Com., 5 Wall. 475, 479;   Twitchell v. Com., 7 Wall. 321. 325;   Justices v. Murray, 9 Wall. 274, 278;   Edwards v. Elliott, 21 Wall. 532, 557;   Walker v. Sauvinet, 92 U. S. 90;   U. 8. v. Cruiksiiank, Id. 542, 552;   Pearson v. Tewdall, 95 U. S. 294, 296;   Davidson v. New Orleans, 96 U. S. 97, 101;   Kelly v. Pittsburgh, 104 U. S. 79;   Presser v. Illinois, 116 U. S. 252, 265, 6 Sup. Ct. Rep. 580.  

It was contended, however, in argument, that, "though originally the first ten amendments were adopted as limitations on federal power, yet, in so far as they secure and recognize fundamental rights—common-law rights—of the man, they make them privileges and immunities of the man as a citizen of the United States, and cannot now be abridged by a state under the fourteenth amendment.

In other words, while the ten amendments as limitations on power only apply to the federal government, and not to the states, yet in so far as they declare or recognize rights of persons, these rights are theirs, as citizens of the United States, and the fourteenth amendment as to such 'rights limits state power, as the ten amendments had limited federal power." It is also contended that the provision of the fourteenth amendment, which declares that no state shall deprive "any person of life, liberty, or property without due process of law," implies that every person charged with crime in a state shall be entitled to a trial by an impartial jury, and shall not be compelled to testify against himself.

The objections are, in brief, (1) that a statute of the state as construed by the court deprived the petitioners of a trial by an impartial jury; and (2) that Spies was compelled to give evidence against himself. Before considering whether the constitution of the United States has the effect which is claimed, it is proper to inquire whether the federal questions relied on in fact do arise on the face of this record.




as you can see that you do not have any rights as you think! 

All you have is privileges and immunities as granted by the state precisely in the same manner as the king grants privileges and immunities to HIS vassals!

Just want to clear that up before we get to far into any rights matters.

You have NONE! 

None that that the government will recognize. 

The 14th amendment wiped them out.

Therefore the state can interpret "their" legolese any way they want.




BamaD -> RE: Gun rights vs responsibilities by the government (7/4/2011 10:58:05 AM)

And you can't own a fire arm till you are 18 a handgun till 21 and owning firearms like voting is a right you give up by committing a crime. 




BamaD -> RE: Gun rights vs responsibilities by the government (7/4/2011 11:03:56 AM)

Quite the contrary the 14th put the same limitations on the powers of the states that the Constitution puts on the Federal Government.




Real0ne -> RE: Gun rights vs responsibilities by the government (7/4/2011 11:14:20 AM)

well then you need to explain how the words "we the people" has been construed to mean "we the states"?


quote:

If you read the words of the people who wrote the Constitution and the Bill of Rights they made it very clear that the right to bear arms was intended as a individual not a state right.  For example Federalist paper #46


as you can see the creamee supremeee courtskowski has contrued it opposite your position.







Real0ne -> RE: Gun rights vs responsibilities by the government (7/4/2011 11:17:24 AM)

you missed the point.




mnottertail -> RE: Gun rights vs responsibilities by the government (7/4/2011 11:17:54 AM)

there isnt one




Jeffff -> RE: Gun rights vs responsibilities by the government (7/4/2011 11:17:56 AM)

HAHAHAHAHAHAHAHAHAHAHAHAHA!




DomImus -> RE: Gun rights vs responsibilities by the government (7/4/2011 11:20:21 AM)

quote:

ORIGINAL: tazzygirl
In Florida, 1400 people had the legal right to carry a firearm after being convicted of a felony. Shouldnt that worry legal gun owners?


Yes, it should. In particular it should worry the other 766,000 permit holders in Florida. I'm going to take a wild guess and bet that there are more than 1400 criminals carrying hot iron in Florida but that should not distract us from locating and disarming the .0018 % of folks carrying with a permit who shouldn't be.

There are problems with the licensing system(s). Address them and correct them. Publish our names if think that will help police the matter. I personally don't feel that my name on that list makes me a target. I'm armed. Let them know. They'll know what to expect.




Real0ne -> RE: Gun rights vs responsibilities by the government (7/4/2011 11:23:00 AM)

who is "they" and by what authority do they require to know anyones PRIVATE business




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