BitYakin -> RE: Why is it? (9/11/2013 5:06:02 PM)
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ORIGINAL: joether quote:
ORIGINAL: BitYakin quote:
That is because "....the right to keep and bear arms...." is in the THIRD part of the 2nd Amendment. The 1st is explaining the nature of a militia. The second part explains the duty of a militia. The third part explains that people of the militia in good standing may keep their militia weapon(s) in their homes, ready to handle problems. The fourth part of the amendment explains that the government can not ORDER the militia to surrender its arms. I've searched for the OTHER parts of the 2nd amendment you speak of, maybe you can point me to a link that show's them? Are you...REALLY...this dumb? Allow me to spell out the parts of the 2nd amendment: 1 ) A well regulated militia, 2 ) being necessary to the security of a free state, 3 ) the right of the people to keep and bear arms, 4 ) shall not be infringed. An if your having problems understanding the format, here is the 8th amendment: 1 ) Excessive bail shall not be required, 2 ) nor excessive fines imposed, 3 ) nor cruel and unusual punishments inflicted. Do I have to do this with the other twenty-five amendments currently on the books, or do you understand the format? How I'm using 'parts' is different from how others use 'parts' when referring to the 2nd amendment. Yes, most gun owners hate the first and second parts of the 2nd amendment and often ignore them. They dislike the idea of having to be physically in shape, group up with people who don't share their same opinions on things, and must follow the orders of someone they disagree with (more so if that person is a liberal democrat). You can not follow the parts of a law that you agree and not the WHOLE law (you know, the parts you don't like). Otherwise we might as well throw all the laws off the books, since no one will follow them and descend rapidity into anarchy. quote:
ORIGINAL: BitYakin this is what I FIND when I do a search, on MULTIPLE SITES There are two principle versions of the Second Amendment: one version was passed by Congress, while the other is found in the copies distributed to each individual state and later ratified by them As passed by the Congress: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. As ratified by the States: 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. This thread is not taking into consideration the views of individual states in the current year. But rather the view the OP had of gun control advocates attacking the 2nd amendment. So my original piece was meant to help jlf1961 gain some insight to one of the big underlining problems of law: trust. Or the lack of it that is both growing and seeping across the nation. That its origins stem from within the conservative ranks and go in all directions from there (blaming them at this point is rather a waste of resources). An now, we have Americans distrusting each other on a wide assort of topics and issues. I feel the 2nd amendment might be a good way of explaining why this distrust continues to grow. If Americans wish to have firearms and their states created the rules, I'm fine with them. How many times have you seen me posting threads bitching about Texas lax gun laws? I've made POSTS within threads commenting on the rules within Texas, but never started off bitching about the state's gun laws (since I don't live in Texas). But if your going to state that the 2nd amendment protects your firearms from laws made at a federal level....well....your part of the local, "well regulated militia". No 'Ifs', no 'Buts' no 'Exceptions'. You do not have the right to ignore parts of laws you do not like. The 2nd amendment is in effect, a law. quote:
ORIGINAL: BitYakin but apparently the SUPREME COURT AGREES WITH ME, but I guess you KNOW BETTER THAN THEM??? This would be the same Supreme Court that stated Corporations are people too? In your opinion, are Corporations people; an that they should get all the rights and privileges of ordinary US Citizens while enjoying all the freedoms for being a corporation? Are you afraid I might know better? You don't know me on a personal basis, so 'yes', it would be hard for you to actually trust me. An right there, is that underlining problem in America: trust. quote:
ORIGINAL: BitYakin In District of Columbia v. Heller the Supreme Court ruled that the Second Amendment protects an individual’s right to possess a firearm to use for traditionally lawful purposes, such as defending oneself within their home or on their property. The court case ruled that the Amendment was not connected to service in a militia. And the case was badly interpreted by people who had a political and/or financial agenda. Before this case was decided, the District of Columbia was already heavy with crime and violence. Once outside the 'federal areas' of D.C., has that crime and violence diminished strictly due to the citizens obtaining firearms? Post the unbiased source.... It has also been shown that judges are not entirely neutral. They are human, prone to all the same problems any other person is prone to. Just because your made a judge or are one for a few dozen years does not automatically give you 'wisdom of the ages'. Another underlining component to the nation's problems that not address along with 'trust'....wisdom. An their bad decisions have created more problems that will take a very long time to sort out. Can you tell me with absolute certainty that the ones deciding on the case did not also have an agenda? Yes, Scalia ruled in favor of the NRA. It has been pointed out numerous times this particular justice was....NOT....neutral on many different topics. But that has....ALWAYS....sided with the GOP. Good luck arguing that this guy is neutral.... This is the information from that trial, as a summery: quote:
Dick Heller (P) is a special police officer in the District of Columbia. The District refused Heller’s application to register a handgun he wished to keep in his home. Heller filed this lawsuit in the Federal District Court for the District of Columbia on Second Amendment grounds. Heller sought an injunction against enforcement of the bar on handgun registration, the licensing requirement prohibiting the carrying of a firearm in the home without a license, and the trigger-lock requirement insofar as it prohibits the use of functional firearms within the home. SOURCE Removing the financial and political agenda of the court case leaves the following: A member of "A well regulated militia..." asking to keep a firearm in their home. A police officer of a police station within a village, town, or local area, would fit the 18th century definition of "a well regulated militia" in 2013 terms (he is held accountable and responsible for his actions already with a firearm). If you or myself were to do this, and assuming neither one of us were active in any legal law enforcement 'militias', 'no', we could not have a firearm in our home. We would need to elect officials (having both lived in D.C.) to office who create a new law that removes this definition from the current books; thus making it possible for the average citizen to obtain a registration and keep a firearm in their home. That is exactly how the founding fathers intended our system of government to work! An that was the point of my posts on this thread: When you ignore the first half (parts 1 & 2) of the 2nd Amendment, and corrupt the second half (Parts 3 & 4); you can interpret the law however you want. An if that helps you politically and financially, do you do it? Republicans and Democrats, conservatives, libertarians, liberals, moderates....the whole of us allowed corruption to flourish by turning a blind eye to the wisdom. I'm a liberal kind of guy in the sense I like to have options and ways of looking at an issue from several different viewpoints. I REALLY don't want the 2nd amendment to be removed. Nor have it fucked with the way its being fucked now by all sides. Am I liberal on this issue? Since liberals want the 2nd amendment neutered/removed for financial and/or political reasons. I trust myself with a firearm, and that of my friends, neighbors and associates. Yet, I can not trust the other millions of my fellow Americans due to just not knowing them enough to place trust in them. Where as laws created regulated how arms are bought, used, handle, and transported would at the least, fulfill the requirement I have on 'trust'. The existence of 'government' related to the 2nd amendment means those with guns are held to a strict duty to make sure those weapons (be they muskets, M-4s, Storm Bolters, or BFG 9000's) are NEVER missed used. An when they are, those that breached the duty are penalized for their action(s). DUDE you can write pages and pages and page tryng to say that commas inticate SEPERATE parts of the consitution but EVERY SCOLAR, every lawyer, and every judges sees it differantly and QUOTES from the people who WROTE and SIGNED it say CLEARLY they mean ALL PEOPLE, not just militias... http://cap-n-ball.com/fathers.htm I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them." George Mason Co-author of the Second Amendment during Virginia's Convention to Ratify the Constitution, 1788 "A militia, when properly formed, are in fact the people themselves …" Richard Henry Lee May, 1788. "And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the Press, or the rights of Conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; …" Samuel Adams "Firearms stand next in importance to the constitution itself. They are the American people's liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurences and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference — they deserve a place of honor with all that's good." George Washington First President of the United States "The supposed quietude of a good man allures the ruffian; while on the other hand arms, like laws, discourage and keep the invader and plunderer in awe, and preserve order in the world as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside … Horrid mischief would ensue were the law-abiding deprived of the use of them." Thomas Paine "To preserve liberty, it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them." Richard Henry Lee American Statesman, 1788 "The great object is that every man be armed." and "Everyone who is able may have a gun." Patrick Henry American Patriot "Those who hammer their guns into plowshares will plow for those who do not." Thomas Jefferson Third President of the United States "What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms." Thomas Jefferson to James Madison wasn't it YOU who said we cannot know the frame of mind of the people who WROTE the consitution at the time, I think those quote make it QUITE CLEAR what their frame of mind was, that ALL CITIZENS be allowed to have arms! at best its can be broken into two parts As ratified by the States and authenticated by Thomas Jefferson, then-Secretary of State 1)A well regulated militia being necessary to the security of a free state, (note the absence of that EXTRA COMMA?) which defines WHY the second part the actual RIGHT is necessary 2)the right of the people to keep and bear arms shall not be infringed. (again NOTE the ANSENCE of that EXTRA COMMA?) I like how you DISMISS the SUPREME COURT as ROOKIE JUDGES too HAHAHAHA you don't get to be a SUPREME COURT JUDGE by handling traffic court in poodunk junction! ALSO MR I wanna follow the consitution to the LETTER GUY. there is that OTHER part of the consitution that says, on constitutional matter, the SUPREME COURT is the end all be all on any and ALL ISSUES regarding the consitution gun rights have been before the supreme court MANY TIMES, and not ONCE has a ruling come down that interperts it as YOU DO! this is NOT ONE JUDGE, its a consensous of MANY judges threw out history!
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