General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWould you be in favor of a total removal of the 2nd Ammendment of the Constitution of the United States?
I would. ......................2nd 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."
It is the total and complete reason for gun violence today.
The founding fathers had no idea what that would become. (It was originally enacted because there was no army or navy....
...............................Now there is an army & navy.)
Post by niyad: (in another forum)
Day 341 of the year. Mass shootings* SO FAR: 567. Dead: 685. Wounded: 2,294.
mahatmakanejeeves
(57,652 posts)It's every bit as likely.
And good morning.
Stuart G
(38,449 posts)InstantGratification
(164 posts)was elected even after losing the popular vote. This is wildly less likely. A 2/3 majority of BOTH houses of Congress. Then it has to each state where it has to pass by majority vote and this HAS to happen in 3/4 (ie, 38) of the states????
pazzyanne
(6,558 posts)I felt that way the morning I awoke to Jessie Ventura being my new Governor. I have to admit that trump was a much worse shock X 10!
Stuart G
(38,449 posts)POST 286 AT LINK BELOW...PLEASE READ THIS ONE:
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=18518689
ALSO READ 291 AND 194................... ...POST 194..............is six below this post...just 6 below this post
POST 194 posted by : ProfessorGAC
Escurumbele
(3,406 posts)Just read about countries where the government encouraged their militia to act in favour of the regimes. Venezuela did that, and the atrocities these people committed, on a daily basis, could be compared to any of the worst atrocities in the history of mankind. There is no room for a militia in the USA. Just imagine the thugs who attacked the capitol if they had been authorized to have guns that day.
Voltaire2
(13,203 posts)Guns should be strictly regulated. Like cars only stricter. Get trained. Get a license and insurance. Go to jail for violating the regulations.
Stuart G
(38,449 posts)Founding Fathers had no clue. In the 1790s only men with "qualifications" could buy guns. AND ALSO:
And in the 1790s rifles were very expensive......(hand made..not machine made)
Wednesdays
(17,439 posts)You could get a shot off once in, say, 60 seconds or so.
aeromanKC
(3,328 posts)ProfessorGAC
(65,227 posts)...could get 7 shots every 2 minutes, or a shot every 17 seconds.
Today, one could unload a 22 shot magazine in that 17 seconds, without any modifications to increase rate of fire.
And, that 17 seconds was for the best & most experienced musketeers.
For most troops, I was probably closer to 30 seconds. Today's weapons could fire 30 something shots, instead of just one. And, nearly everyone could do that now.
No possible way the founders could have envisioned the technological changes that now make 2nd amendment absolutism so dangerous.
Straw Man
(6,625 posts)... no possible way the founders could have anticipated the technological changes (radio, TV, internet, cell phones, social media) that now make 1st Amendment absolutism so dangerous.
See how that works?
ProfessorGAC
(65,227 posts)Your response is a nonsequitur.
Straw Man
(6,625 posts)Your response is a nonsequitur.
A non sequitur and a "straw man fallacy" are two very different rhetorical faux pas, neither of which I committed. I made an analogy. Your failure to recognize it doesn't diminish its relevance or accuracy.
SlimJimmy
(3,182 posts)Bottom line, end of story. Without the 2nd, we have no way to enforce the 1st. Without the 1st, we have no real freedom.
yagotme
(2,928 posts)They wanted the best weapons for their troops at the time, and I bet they would have LOVED some militia guys showing up with AR's.
https://www.historyinthemargins.com/2021/11/16/the-puckle-gun-not-to-be-confused-with-pickle-ball/
Wasn't for lack of trying. Early 1700's technology.
CTyankee
(63,912 posts)have envisioned today's weaponry. Of course, it wasn't for "lack of trying." But that is not the issue. All the "trying" in the world could not thrust them a couple of centuries forward in how guns work today.
yagotme
(2,928 posts)Only thing really lacking was the self contained cartridge, which came about in the mid 1800's. I say that they WERE trying to envision the future of weapons. Just the lack of technology was holding them back.
CTyankee
(63,912 posts)in the 18th century? We are the inheritors of their thinking in their day. I believe they would be taking into consideration other factors that would influence their thinking. I think if they were magically transported to today they would be as horrified as we are at the constant barrage of news about shootings and how many innocent people lay dead at the scene of many of today's violence with the guns we have in our possession, not to mention the innocent people ( including children and infants) are a part of the slaughtered.
I believe the founders would want to have some say in that. They had families and innocent children. They wanted them protected not thrust into the middle of a shootout.
yagotme
(2,928 posts)Also, horrified at the fact that so many career criminals get out of jail early, just to go and commit the same, if not worse, crimes again. Horrified at the fact that certain states and local entities don't allow people to properly protect themselves, per the 2d. They would be wringing their hands at what some people have come up with in their "interpretation" of their words in the 2d amendment.
Protected, how, like body armor? Criminals are going to get guns. They commit crimes, thus, criminals, right? Breaking the law. Murder is against the law. There were criminals in the 1700's, also. I believe that the founders would want to have a weapon on them if they went out and were confronted by an armed criminal. A "shootout" is more than one person shooting. A murder, or massacre, you only need 1 person shooting. The criminal.
CTyankee
(63,912 posts)store. I'm retired and elderly, I could have a gun to protect me in my home against intruders. I could sleep with the loaded gun next to my bedside. I could drive with my gun in the passenger seat of my car. I'm 84 but I could grab my gun and shoot anybody who looked at me funny.
Help me out here. Let me hear how this would enhance my life.
yagotme
(2,928 posts)Freedom of choice. Nothing in the 2d amendment says you HAVE to carry a gun. Just the right to do so if you're so inclined.
CTyankee
(63,912 posts)We have an alarmed house that we turn on for night time safety reasons. I feel pretty safe here. My biggest worry is that one of us will have a fall and no alarm device on our person. He fell once and cracked his head and I had to call 911 but he was sewn up in the ER and sent home by medical taxi. Two strong men carried him up to bed. I've suggested assisted living but he won't hear of it.
yagotme
(2,928 posts)Have seen them on TV. Not "pushing" it, per rules, but maybe it's something you should consider for him as a safety measure. My BIL has one, lives by himself in an apt., has a couple of health issues where he might need it.
"Help, I've fallen, and I can't get up."
CTyankee
(63,912 posts)I have considered it. I could be here when he showered and then leave on Xmas Eve, returning on the day after Xmas. I wouldn't want him alone in the shower, even with all our safety bars and a shower seat, because there's always the danger of slip and fall getting out of the shower. I just see danger everywhere and it scares me...
yagotme
(2,928 posts)I don't know the layout of your house, but the alarm would be a good idea for a "late night visit" to the bathroom, where you may not hear him if he has some kind of misfortune, or for a run to the store, etc. Hope you find a good answer.
Think. Again.
(8,489 posts)Last edited Mon Dec 11, 2023, 05:32 PM - Edit history (1)
...it's entirely obsolete.
The state 'Militia's, or 'State Defense Force' (SDF) that need to be 'well-regulated', ("Depending on the state, they may be variously named as state military, state military force, state guard, state militia, or state military reserve." -wikipedia) have no mandate for personal gun ownership, and some will supply any necessary arms to it's members:
"Weapons qualification and training is provided in some SDFs. However, most SDFs do not require weapons proficiency. A 2006 report by the U.S. Freedom Foundation, an organization affiliated with the State Guard Association of the United States, recommended minimum standards for state defense forces, including weapons training, but the report has been largely ignored. Some SDFs have laws that in the event of deployment by order of the state legislature and/or governor, they will become armed." -wikipedia
The 2nd amendment is moot and should be removed except for historical reference purposes.
SlimJimmy
(3,182 posts)So very wrong. The actual militias in the US are SDFs, State Defense Forces, but they are not well regulated by the federal government because the federal government has no jurisdiction over them. Oh wait, the federal government has no jurisdiction over the National Guard either. But you already knew that, right? But, but, but they can be federalized by the US Government in times of emergency. Yes they can, then they become standing troops, not militias.
https://www.britannica.com/topic/Second-Amendment
Think. Again.
(8,489 posts)I was unaware of the 'State Defense Forces' and assumed 'State National Guards' played that role.
I have edited my post to reflect that correction.
NewHendoLib
(60,024 posts)Give Peace A Chance
(50 posts)Maybe it's the movies, maybe it's the books
Maybe it's the bullets, maybe it's the real crooks
Maybe it's the drugs, maybe it's the parents
Maybe it's the colors everybody's wearin
Maybe it's the President, maybe it's the last one
Maybe it's the one before that, what he done
Maybe it's the high schools, maybe it's the teachers
Maybe it's the tattooed children in the bleachers
Maybe it's the Bible, maybe it's the lack
Maybe it's the music, maybe it's the crack
Maybe it's the hairdos, maybe it's the TV
Maybe it's the cigarettes, maybe it's the family
Maybe it's the fast food, maybe it's the news
Maybe it's divorce, maybe it's abuse
Maybe it's the lawyers, maybe it's the prisons
Maybe it's the Senators, maybe it's the system
Maybe it's the fathers, maybe it's the sons
Maybe it's the sisters, maybe it's the moms
Maybe it's the radio, maybe it's road rage
Maybe El Nino, or UV rays
Maybe it's the army, maybe it's the liquor
Maybe it's the papers, maybe the militia
Maybe it's the athletes, maybe it's the ads
Maybe it's the sports fans, maybe it's a fad
Maybe it's the magazines, maybe it's the internet
Maybe it's the lottery, maybe it's the immigrants
Maybe it's taxes, big business
Maybe it's the KKK and the skinheads
Maybe it's the communists, maybe it's the Catholics
Maybe it's the hippies, maybe it's the addicts
Maybe it's the art, maybe it's the sex
Maybe it's the homeless, maybe it's the banks
Maybe it's the clearcut, maybe it's the ozone
Maybe it's the chemicals, maybe it's the car phones
Maybe it's the fertilizer, maybe it's the nose rings
Maybe it's the end, but I know one thing.
If it were up to me, I'd take away the guns.
elias7
(4,027 posts)Id like to see a Supreme Court that has the intellectual honesty and the guts to actually apply it as it was intended, rather than be striking down city and state statutes and laws because they infringe on an individuals right to own guns, which is quite different than the right of the people to keep and bear arms and certainly does not refer to any militia, well regulated or not.
Fullduplexxx
(7,872 posts)But that's what I've been saying about the 2a . the 2a went the way of the militia and the only gun rights you have now are a gift from the scotus
The Contrarian
(87 posts)Please do better.
Fullduplexxx
(7,872 posts)C
The Contrarian
(87 posts)Voltaire2
(13,203 posts)maxsolomon
(33,419 posts)Never thought about it being transphobic; I think it precedes transphobia.
Fullduplexxx
(7,872 posts)Well be it dick or balls it is more likely to become a reality than the 2a being stripped from the constitution
Gidney N Cloyd
(19,847 posts)Hekate
(90,848 posts)ShazzieB
(16,543 posts)It also precedes any understanding of what it means to be transgender, AND it is factually inaccurate. Your aunt can have a dick and/or balls and still be your aunt. Futhermore, your uncle can have a vagina, a uterus, and ovaries and still be your uncle. That means that expression is outmoded and no longer a valid analogy.
There was a time that analogy worked, but it doesn't anymore, unless you believe biology is destiny and it's not possible to transition to a gender other than the one assigned to you at birth. This is Democratic Underground, not Republican Underground, and as Democrats, progressives, liberals (pick the label of your choice), we know better than that.
maxsolomon
(33,419 posts)I haven't made much headway with mine against DU's knee-jerk wishes for convicted criminals to be raped in prison.
ShazzieB
(16,543 posts)But as someone who aspires to be an ally to the LGBTQ+ community, I feel an obligation to always call out what I belive to be transphobia (or homophobia, although that is much less of a problem here at DU, from what I'm aware of).
Habits and customs change gradually, not instantaneously. Multiple reminders are often necessary, requiring those who are aware of an issue to take a stand when called for. I can't look the trans members of this community in the eye (figuratively speaking) if I am not willing to speak out when I see transphobia, intentional or not, at DU.
The impact of an action is not determined by its intentionality or degree of casualness. Like racism or homophobia, transphobia that is casual and unintentional can have just as serious an impact as that which is deliberate and intentional.
Lunabell
(6,117 posts)This is a bigoted piece of shit reply.
edisdead
(1,958 posts)Removing it completely means there is nothing regarding the issue. I also believe people should have access to guns. I think that there should be clearly stated restrictions in whatever replaced ot or whatever re-write is done on it. But complete removal? Nope.
Stuart G
(38,449 posts)THOSE RESTRICTIONS ARE ALREADY IN PLACE...
PEOPLE WILL STILL HAVE ACCESS TO GUNS BUT........... NOT IN THE CONSTITUTION.
ACCESS TO GUNS WILL BE A ..........STATE ISSUE..................NOT A FEDERAL ONE.....
NOT SOMETHING THAT IS GUARANTEED IN THE U.S. CONSTITUTION.
edisdead
(1,958 posts)Well how about that!
No thank you. I do not want guns left up to states rights because as we can see in places like Indiana and their gun laws having an effect on Illinois that doesnt work! Guns. Implements of death, and the restrictions on them ABSOLUTELY should be set at the national level.
Karma13612
(4,554 posts)States rights are getting over-used. To put it bluntly.
It should not matter what your zip code is for:
Anything to do with human rights, health, safety, VOTING, REPRODUCTIVE HEALTH, who you love, who you marry, etc.
Voltaire2
(13,203 posts)Any significant reform at the national level seems improbable. Worse, we are stuck with a fascist/theocratic court that aggressively blocks anything remotely progressive.
On the other hand the american fascist ideology includes states rights as one of its pillars. (For obvious and invariably awful reasons.) We should exploit that feature as much as possible.
edisdead
(1,958 posts)Scrivener7
(51,025 posts)a salient factor, and the right to bear arms is subject to reasonable limits, and which then spells out those limits.
The "gun culture" has truly become nothing more than a fetish that allows a certain segment to virtue signal to each other.
Reasonable gun ownership is not the problem.
Stuart G
(38,449 posts)Post by niyad:.............................IS THIS REASONABLE GUN OWNERSHIP?
YOU HAVE NO IDEA...DO YOU?... (perhaps if this were one of your family members...you would have a different opinion)
Day 341 of the year. Mass shootings* SO FAR: 567. Dead: 685. Wounded: 2,294.
Scrivener7
(51,025 posts)We were once a nation that allowed gun ownership but that did not have daily mass shootings. I believe it is possible to get back there but restrictions would need to be put in place.
Also, restriction is much more likely to be a possible outcome than elimination. And well-considered restriction would go a long way to reduce the numbers of guns in dangerous hands.
Now, StuartG, I love you. But you have no idea about me or about my experiences with respect to guns. I will tell you simply that I have probably been in a lot more dangerous situations due to our nations gun problem than about 99% of the people on this site. So I DO have an idea. Probably a lot more than you. So please try and be civil if you decide to reply to this post.
Stuart G
(38,449 posts)Scrivener7
(51,025 posts)CTyankee
(63,912 posts)the gun. Dead people are the result. With a gun present, every argument can become a murder. Guns are fast and efficient and you often can't stop the gunner, you are shot before you can lay a hand on them. Think about it.
yagotme
(2,928 posts)the amount of liquor available, and all the tension and stress the world is currently experiencing, shouldn't we all be dead by now? Unless, of course, nearly all the gunowners have a lot of self control, and it's just a few that commit murder. The total death tally leans heavily towards suicides, did you know that?
CTyankee
(63,912 posts)The presence of a gun itself is a risk. If my niece's killer had not had a gun in all likelihood he could have been stopped by the other three people in the room from hurting anyone else. He got off 3 shots: one that grazed his sister in law, the one that killed my niece and the one he used to kill himself. My niece had dialed 911 and said "There's going to be a shooting...." Those were her final words and it went into the police report. The grandmother was dying of cancer and she passed the next day. It is unclear whether she knew what was happening and we'll never know.
Her funeral was perhaps the saddest I have ever been to. She had an open coffin since my brother had wanted to show everyone that her beauty had not been marred, just a bruise at her temple that had been covered with makeup by the funeral home.
I have a clipping from the report in the Dallas Morning News of this happening.
yagotme
(2,928 posts)Unfortunately, too many suicidal people (who, are LITERALLY, not in their right minds,) end up taking others with them when they go. I just wish we had better mental health reporting/care, maybe we could reduce this number by quite a bit.
BTW, I believe suicides are roughly 2/3 of firearms deaths. My belief is we should start there, maybe improving mental health care will affect both sides of those numbers.
CTyankee
(63,912 posts)Abnredleg
(670 posts)That is, they were not created by the Constitution but rather exist as natural or "god given" right. When the Bill of Rights was being debated the opponents argued that there was no need for it since it was recognized by society that these rights existed. The proponents argued that these rights were so fundamental to our liberty that they needed to be explicitly protected. Therefore, eliminating any Amendment wouldn't eliminate the underlying right because the Amendment didn't create the right to begin with.
This not to say that rights can't be restricted, only that the right can't be eliminated by government action since it wasn't created by government to begin with. The issue we have is how the right is interpreted, and that can be dealt with by winning elections and changing the SC.
And for those who disagree with the notion of inalienable rights, just take a look at the first sentence of the Universal Declaration of Human Rights:
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
[link:https://www.un.org/en/about-us/universal-declaration-of-human-rights|
Stuart G
(38,449 posts)Why doesn't Great Britain have those rights?
or France?................
AMENDMENT 2 OF THE BILL OF RIGHTS WAS A .............MISTAKE...
AS WAS SLAVERY IN THE CONSTITUTION.........IT WAS ALSO A MISTAKE
SLAVERY AND GUNS EXISTED IN THE 1790s. We had a CIVIL WAR OVER SLAVERY.
AND THOUSANDS HAVE BEEN KILLED BY GUNS IN THE LAST 100 YEARS.
DID THE FOUNDING FATHERS HAVE ANY IDEA THE PROBLEM THAT GUNS WOULD EVENTUALLY BECOME? NO
GUNS WERE NOT THAT AVAILABLE IN THE 1790s AS THEY ARE NOW.
THAT IS ALSO A PROBLEM.
Abnredleg
(670 posts)And slavery is not in the Bill of Rights so the comparison doesnt work.
To be be clear, Im in total agreement that the current SC is misinterpreting the 2nd Amendment- I am arguing that the best tactic to get good gun control is win elections and change how the right is interpreted. Given the impossibility of getting enough votes to change the Constitution, focusing our time and resources on repealing the 2nd Amendment is a waste of time. We can achieve our goals by winning elections and appointing new Justices.
yagotme
(2,928 posts)If a Brit moves to the US, and becomes a citizen, well, the US govt recognizes their rights. The rights aren't "given" by the government, just enumerated.
thatdemguy
(453 posts)Saw the ability of the gov to listen to our conversations? How about electronically search our computers? How about stop online speech? Search our text messages and use them in court against us ( 5th amendment )? Pick juries against us and have trials that last years? Throw us in jail for 60 years?
Thats why courts have ruled for 200 plus years the bill of rights should be almost absolute.
lastlib
(23,311 posts)(7th Amendment)
With a few exceptions (2nd, 3rd, and 7th) I would mostly agree with you. The rights enshrined in the BoR DO need legal protection, as do some that aren't explicitly mentioned therein. What is mostly needed is political leaders who will respect them.
Voltaire2
(13,203 posts)Abnredleg
(670 posts)The problem is how the inalienable rights contained in the 2nd Amendment have been interpreted. Hence the need to focus on the SC.
Voltaire2
(13,203 posts)Generously reinterpreted to reduce the scope and application. Also, you are mixing in the Declaration of Independences we hold these rights inalienability clause with the bill of rights. There is no inalienable clause in the constitution or the bill of rights. Just about the only thing even remotely inalienable in the constitution is the attempt to make restructuring the senate impossible. And that is in there to protect slavery.
Abnredleg
(670 posts)Its a matter of interpretation. As to inalienability, its clear from the debate surrounding the BoR that the drafters viewed them as inalienable. This becomes clear when you look at the English Bill of Rights, which was based on the notion of natural rights.
[link:https://www.history.com/topics/european-history/english-bill-of-rights#|
thomski64
(457 posts)..was to put down any slave revolt
2A doesn't mention any black people owning weapons. Seems the more things change the more they don't....
yagotme
(2,928 posts)Not sure if you're serious...
NNadir
(33,564 posts)I would also suggest that if guns were created by a putative god, they would not have required invention. They'd grow on trees.
markpkessinger
(8,409 posts). . . including in a way that would limit any of the rights set forth in the Bill of Rights. So no, those rights are not inalienable in any sense of the word, nor is the U.S. Constitution in any way subordinate to a United Nations document.
yagotme
(2,928 posts)The BOR is a limit on government, not the population.
Gore1FL
(21,155 posts)The Bill of rights aren't inalienable.
Abnredleg
(670 posts)The history of the drafting of the Constitution is clear that the rights listed in the BoR were considered inalienable.
Gore1FL
(21,155 posts)If the rights in the first 10 amendments are inalienable, there would be no point in making amendments for them.
Abnredleg
(670 posts)But the public demanded that their inalienable rights be explicitly listed to ensure that there was no doubt.
Heres the ACLUs take on the BoR:
[link:https://www.aclu.org/documents/bill-rights-brief-history#:~:text=Recently%20freed%20from%20the%20despotic,from%20warrantless%20searches%20and%20seizures.|
malaise
(269,201 posts)(If that ever happens), they will remove it.
Take that to the bank
ProudMNDemocrat
(16,808 posts)Just watch.
malaise
(269,201 posts)usaf-vet
(6,215 posts)..if so desired.
How would J6 have turned out if none of the "visitors" had weapons and tactical gear?
If only the Capital Guards had weapons?
randr
(12,417 posts)yagotme
(2,928 posts)I could most likely get behind that. Maybe incorporate it into schools, make it part of P.E..
harumph
(1,915 posts)The reason I say this is because some people actually have a legitimate reason to possess for
protection of self or property. There is also the problem - like it not - where a majority
of guns in circulation are not registered. Confiscation would be a logistical and political nightmare.
Without registration you are depending on the willingness and honestly of gun owners. Good luck with that.
IMO, a decent amendment would need language that would allow the states to impose whatever
reasonable restrictions (to the federal limit) they deem necessary. But what is "reasonable?" Hence while I agree
with the spirit of the OP, the devil is indeed in the details. Maybe amend to include something
like "the right to possess a protective firearm in one's household shall not be infringed..." Just spitballing.
Then, we get into questions like "what is encompassed by the term protective." Maybe DU should
have a forum just for possible amendments to the 2nd. I suspect it would be a humbling exercise.
mzmolly
(51,007 posts)niyad
(113,598 posts)mzmolly
(51,007 posts)yagotme
(2,928 posts)mzmolly
(51,007 posts)Does the word militia have meaning?
yagotme
(2,928 posts)If I deny/delay access to you to vote, a trial, etc., am I not infringing on your rights?
"Who is the militia?" This has been argued back and forth so many times, I'm tiring of it. The unregulated militia of the US can be said to be all law abiding adult citizens. Age, sex, etc., have been changed throughout history to meet the then current ideas.
mzmolly
(51,007 posts)As for militia. The meaning is clear.
https://www.merriam-webster.com/dictionary/militia
Thank goodness for the well regulated part of the second amendment!
Abnredleg
(670 posts)mzmolly
(51,007 posts)eom
yagotme
(2,928 posts)mzmolly
(51,007 posts)nt.
Sal_NV
(603 posts)Were you there at the time?
mzmolly
(51,007 posts)You?
The suggestion that we should accept a libertarian revisionist source, for what was meant by any word in the constitution, is laughable. I'm sticking with common-sense constitutional scholars, thanks.
Sal_NV
(603 posts)I just asked a question.
yagotme
(2,928 posts)Fed. govt. restrictions on the purchase and possession? Whether you can carry one outside your home? How many chimes allowed per hour?
mzmolly
(51,007 posts)should be your username.
yagotme
(2,928 posts)Got it.
mzmolly
(51,007 posts)are changed to meet gun lobby criteria, because they don't care for the word regulated.
Got it?
yagotme
(2,928 posts)so you put your own modern spin on it, deny any original usage for it, and anyone that points to usage in the past, "doesn't get it"/"is a talking points spreader for the RW". Sorry, history is history.
mzmolly
(51,007 posts)I've provided some historical context for you from unbiased sources.
yagotme
(2,928 posts)I'd like to see your dictionary...
mzmolly
(51,007 posts)yagotme
(2,928 posts)Did I post anything with "Fox" in the link? Sorry if I did, I usually try to keep away from that. If it's not a commonly known source, then, oh well. Can't keep up with everything.
The truth has an anti-gun nut bias.
Cheers.
TexasDem69
(1,850 posts)Read in the context of the 2d Amendment, can only mean a militia trained in the use of firearms. How else can a well regulated militia protect the security of a free state.
Lets try it this waya well trained militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
If you think regulated means something propose your interpretation
mzmolly
(51,007 posts)I've provided context.
TexasDem69
(1,850 posts)Youve ignored every post and continue to argue that well-regulated means something it cannot mean if the 2d amendment is to make any sense. Ive read your time articleit doesnt provide any citations for the argument but instead asks us to assume the author is right. And then engages in rhetoric to cast doubt on authority it doesnt like.
Do you really think that the authors of the Bill of Rights used the same phrase the people in the 1st, 2d and 4th Amendments and meant an individual right in the 1st and 4th and a collective in the 2d?
Heres a link to the 1874 opinion from the Georgia Supreme Court discussing the issue and cited in the Time article. The opinion clearly and plainly states that the right to keep and bear arms is an individual right. Your Time article doesnt mention this. https://famguardian.org/Subjects/GunControl/Research/CourtDecisions/State/53ga472.htm
And heres a relevant quote from that opinion which confirms the 2d Amendment protects an individual right, subject of course to reasonable restrictions, and puts to bed your argument about well regulated:
The constitution declares that as such a militia is necessary to the existence of a free state, the right of the people to keep and bear arms shall not be infringed. To effect this end, the right to have arms would (p.476)seem to be absolute, since without this right, it would not be possible to attain the end contemplated, to-wit: an armed militia, organized and ready for the public exigencies. But it is obvious that the right to bear or carry arms about the person at all times and places and under all circumstances, is not a necessity for the declared object of the guarantee; nay, that it does not even tend to secure the great purpose sought for, to-wit: that the people shall be familiar with the use of arms and capable from their habits of life, of becoming efficient militiamen. If the general right to carry and to use them exist; if they may at pleasure be borne and used in the fields, and in the woods, on the highways and byeways, at home and abroad, the whole declared purpose of the provision is fulfilled. The right to keep and to bear arms so that the state may be secured in the existence of a well regulated militia, is fully attained. The people have, or may have the arms the public exigencies require, and being unrestricted in the bearing and using of them, except under special and peculiar circumstances, there is no infringement of the constitutional guarantee. The right to bear arms in order that the state may, when its exigencies demand, have at call a body of men, having arms at their command, belonging to themselves and habituated to the use of them, is in no fair sense a guarantee that the owners of these arms may bear them at concerts, and prayer-meetings, and elections.
mzmolly
(51,007 posts)Ive addressed this specific question over and over again, refer to the court rulings Ive cited in the time article - once again.
yagotme
(2,928 posts)Like a "well regulated" clock.
mzmolly
(51,007 posts)I'll stick to common sense vs. gun-nutter explanations, thanks.
yagotme
(2,928 posts)I believe this paragraph helps:
going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia
This one pass muster?
https://www.dictionary.com/browse/well-regulated#google_vignette
WORDS RELATED TO WELL-REGULATED
analytical,businesslike,careful,deliberate,disciplined,efficient,meticulous,orderly,painstaking,precise,scrupulous,structured,systematical,adapted,agree,able,alike,amenable,applicable,assorted,comparable
mzmolly
(51,007 posts)...
Republics, advised a famous ruling in Arkansas in 1842, did not vote for anarchy. To suggest that, in providing for a well-regulated militia, the Founders were condemning their descendants to cower under a reign of unregulated firepower, was to trade in absurdity. To deprive the legislature of the power to control firearms, argued the judge, would frustrate the end and aspiration of government: peace and domestic tranquility. It would condemn everyone to the perils that made government necessary in the first place. It was unthinkable that the architects of the Constitution would have authorized a principle pregnant with such dangers.
The Georgia Supreme Court struck a similar note of incredulity in an 1874 opinion. To have included an individual right to deadly weapons in the Constitution, declared the judge, the Founders would have had to believe that their whole scheme of law and order, and government and protection, would be a failure. Because that was where citizens armed with revolversthese inventions of modern savagery"would take America.
Regulation was not about well-oiled clocks.
yagotme
(2,928 posts)meant they knew their left foot from their right, could march in line, and volley fire properly. Drill, manual of arms, firing practice. The troops drilled, until they were "well regulated". Like a clock.
mzmolly
(51,007 posts)for having access to a civilized nation.
lastlib
(23,311 posts)Interpret it from the correct standpoint that "a well regulated militia" is the superior clause in the sentence. The other clauses are subordinate--explanatory.
said!
Straw Man
(6,625 posts)... wrong.
That's not a clause. It's a noun phrase. It has no verb.
If you're thinking of an independent (as opposed to subordinate) clause, the only one in that sentence is "... the right of the people to keep and bear arms shall not be infringed." I've underlined the subject and bolded the predicate. I can parse it further for you if you like.
mzmolly
(51,007 posts)..does not mean unfettered access to weapons of mass slaughter.
We're allowed a police force and military reserves - both of which are regulated and necessary for security. That said, the 2nd amendment IS an amendment and the constitution can also be amended to adjust for the times we live in. Children in schools are not more secure, because any fool can buy an AR on the internet. We are all far less secure, as a result.
Lastly, this isn't 1791. I don't personally consider the text (in context) relevant to our times. Let's consider the here and now.
Straw Man
(6,625 posts)... is the whole driver of the Amendment. That's why the reference is to "the right of the people." The "security of a free State" is a reference to democracy as opposed to monarchy or autocracy.
There is not now, nor has there ever been "unfettered access to weapons of mass slaughter." Hyperbole is not your friend.
mzmolly
(51,007 posts)citizen militia? The Revolutionary War is over. Context matters, again.
You can argue that the US Army was not the original intent. Fine. I'll accept National Guard. However, the National Guard or a band of gun nutters, is no match for the US Government. So the original intent, as you assert it, is no longer relevant.
Really? https://giffords.org/lawcenter/gun-laws/policy-areas/gun-sales/gun-shows/
Most guns used in mass slaughter are purchased legally. That's not hyperbole.
https://www.statista.com/statistics/476461/mass-shootings-in-the-us-by-legality-of-shooters-weapons/
Straw Man
(6,625 posts)Laws on background checks vary from state to state, but federal law bans certain classes of people from legal access to firearms. Can they get them anyway? In many cases they can, and that can be addressed by tightening background checks on private sales. But absent the ability to see the future, how are you going to prevent a person with no criminal record or history of mental imbalance from buying a firearm?
mzmolly
(51,007 posts)it seems. "Regulations" work: https://everytownresearch.org/rankings/
We can limit the kinds of firearms sold, by reinstating the assault weapons ban. We can create laws around re-selling guns - requiring consistent regulation.
See 'solutions' HERE
Response to mzmolly (Reply #233)
Post removed
mzmolly
(51,007 posts)Got any?
Straw Man
(6,625 posts)It would require taking a safety course and passing a competency test. It would be renewable and revocable. It could even be tiered according to the type of firearm.
Most of what passes for "gun safety" legislation now is culture war and political gotcha-games.
mzmolly
(51,007 posts)period. No safety class is going to make owning one reasonable. Stiffer laws for illegal gun sales. Buyback programs etc.
You may not like Everytown, but the research is clear no matter the impartial source they cite.
Straw Man
(6,625 posts)period. No safety class is going to make owning one reasonable.
The number killed by rifles of all kinds each year is in the hundreds. Overall gun deaths are in the tens of thousands.
If by "assault weapons" you mean all semi-automatic rifles, they have been available to civilians for over a hundred years. Good luck banning them. It would be like dealing with traffic deaths by mandating horse-and-buggies for personal transport.
mzmolly
(51,007 posts)guns available 100 years ago and those available today. More-so, 250 years ago, which is more relevant to the conversation.
Im sorry for the children of this country that gun fetishists cling to a 250 year old amendment, taken out of context, to promote gun sales vs advocate for their right to safety and security.
We could learn from other countries on this.
https://time.com/6182186/countries-banned-guns-mass-shooting/
Instead we idolize guns? Thanks for your contribution in that regard. I see you have the NRA taking points down pat!
Straw Man
(6,625 posts)Winchester made a semi-auto rifle with a detachable box magazine in 1905. Remington and Browning soon followed suit. These were available in calibers comparable to the modern .223/5.56 of the AR. It terms of practical function, they were virtually the same. Appearance, portability, and reliability were different, of course.
The AR-15 has been on the civilian market since 1963. Why did it take 40+ years for it to become a problem? Something changed in our society, something that's not going to change back if you remove that particular rifle from the picture. Increasingly, Americans want to slaughter random strangers. Why? The answer isn't "Because they can." They always could.
mzmolly
(51,007 posts)AI writing your drivel?
The second amendment is apparently no longer relevant. Youre not defending anyone from autocracy, you are not part of a militia, and youre opposed to being well regulated.
Society is not the issue. ARs and easy access are the problems. The evidence is clear for those open to evidence.
Let me know when you join a militia and take down the government with your collection of guns.
yagotme
(2,928 posts)Well, yes, it is. Semi-auto firearms have been on the market for decades. The previous posted stated "Why is there a problem now?" Society. Criminals are getting away with more and more violent crimes. Want a suggestion? Lock up violent criminals for a long time. Get the violent tendencies off the streets. "Easy access?" Prior to 1968, you could buy a firearm through the mail, no background check whatsoever. Access is HARDER now than it was then, but the death rate is higher. Kids used to take guns to school, to hunt afterwards, or school shooting programs. So, that theory is dismantled.
mzmolly
(51,007 posts)Right wing talking points, abound.
yagotme
(2,928 posts)Do you have a specific point you disagree with, or just in general?
Sal_NV
(603 posts)you throw the RW card.
mzmolly
(51,007 posts)applicable. I see your sockpuppets have joined the convo.
Here's a fact:
yagotme
(2,928 posts)And, to connect those facts, each is the state-of-the-art firearm for the period in question. Now, would ole GW want a Brown Bess for his militia, or an AR-15, if he had a choice? I have a pretty good idea of what he would prefer...
Sal_NV
(603 posts)Just what are you accusing me of?
I am myself, there's nobody else that's me.
mzmolly
(51,007 posts)From the right wing gun lobby?
yagotme
(2,928 posts)Do you have compelling evidence that I'm wrong?
mzmolly
(51,007 posts)yagotme
(2,928 posts)Where was the Republican party in 1787? Oh, right, 1854 was when it started. So, the "facts" listed in your article don't bear the same weight. I guess my dictionary definition in another post wasn't good enough, either.
mzmolly
(51,007 posts)in the context of the article. The Republican mind, refers to the vision of the republic, in this case.
Good grief.
yagotme
(2,928 posts)mzmolly
(51,007 posts)eom
yagotme
(2,928 posts)regards the precision of clock movement. A clock that doesn't keep time well, needs to be "regulated". Therefore, a properly working clock, is "well regulated", meaning it is performing up to par. A "well regulated" militia is one that performs it's duties/drill in a precision manner, like a well regulated clock. I'm really getting tired of typing this explanation over and over and over...
https://www.woodmagazine.com/woodworking-how-to/what-is-a-regulator-clock
Another RW site for you to peruse...
mzmolly
(51,007 posts)It remains absurd.
yagotme
(2,928 posts)Providing proof to my point that "well regulated" had more than one meaning in the 1700"s? THAT'S absurd...
ShazzieB
(16,543 posts)The word has more than one meaning, as does the word "democratic." Capitalize Republican and you're talking about a political party. In lower case, "republican" means "pertaining to a republic."
yagotme
(2,928 posts)Just wanted to know if the poster that I have been going back and forth with over "well regulated" caught my take on words having different meaning. Scroll through the sub thread, you'll see what I'm getting at.
thatdemguy
(453 posts)Some said way above in this thread there have been more mass shootings this year than days.
Unless your just ignoring everything but things like pulse night club, sandy hook etc.
But using your numbers 148 in 41 years is pretty low.
And according to the gov less than 1% of guns used in crimes are legally obtained.
https://bjs.ojp.gov/content/pub/pdf/suficspi16.pdf
TexasDem69
(1,850 posts)If the 2d Amendment is truly unnecessary then have it repealed. Thats an issue for the legislatures. But nobody wants it repealed, at least not a majority of folks on this message board.
mzmolly
(51,007 posts)Too many people changing the meaning of words to suit the NRA agenda.
TexasDem69
(1,850 posts)The words are relatively clear, as I mentioned in other posts that you ignored. But even if they arent, the 2d Amendment isnt the impediment to gun control that some think necessary. Theres simply no great support for a firearm ban, or 30 day waiting periods, etc.
Im still not clear on your position regarding well regulated. Read in the context of the 2d Amendment it cannot mean subject to government regulation.
mzmolly
(51,007 posts)And I've responded to them, repeatedly. The words are clear, your twisting of them is not, and has been repeatedly addressed:
https://time.com/6331868/supreme-court-second-amendment-history/
Thanks again for proving that repealing the 2A is necessary so folks like yourself can't continue asserting that regulation doesn't mean regulation.
TexasDem69
(1,850 posts)Or even contradicts it. That quote simply says the government can make laws regarding the ownership of firearms. Thats exactly what the Supreme Court said in Heller. I notice youve ignored my post about the Georgia court decision. Care to comment on that?
Your proposed interpretation of the 2d results in gobbledygooka milita subject to strict government oversight being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
mzmolly
(51,007 posts)More reading for you to ignore: https://www.pellcenter.org/a-well-regulated-militia/
...
https://www.washingtonpost.com/politics/2022/05/31/second-amendment-individual-rights/
You keep pointing to Heller, which was decided on a slim margin by a RW-slanted SCOTUS. Read the dissenting opinions by Stevens and Breyer here:
https://supreme.justia.com/cases/federal/us/554/570/
I'm done engaging with NRA spokespeople.
EX500rider
(10,874 posts)I am sure they authors of it knew what they meant, after it was passed was militia service then required anywhere in the US to own firearms?
yagotme
(2,928 posts)But I assume you already knew that, and was waiting for them to answer. Had a feeling that they probably wouldn't
TexasDem69
(1,850 posts)And the right of the people to keep and bear arms is the means. You still end up with a right of the people
It's a stupid idea.
The guns are already out there in the hands of bad actors.
Police suck.
Too many mass shooters.
Law abiding citizens should be able to protect themselves and their property and loved ones with whatever is at their disposal. Anything semi auto and high capacity preferably.
I'm a true blue Democrat that is also a life long gun owner and believe the 2nd amendment is a good thing. My whole family is like this.
I'm also what a lot of people would call a gun nut. Even my family and other gun nuts.
We're all CPL holders in my family and carry every day. I even got my yuppie son in law carrying a gun.
They got on board right after trump was elected president. They could see that his fanatics aren't all there and could turn into a threat.
After his remarks about becoming a dictator they're glad they have their guns.
That's what the 2nd amendment is for. Stopping threats like that and I'm quite surprised that any one here would want to take that protection away.
gay texan
(2,477 posts)Im in red hell texas and a gay man. I travel protected because you never know what the hell a crazed MAGA will do if i happen to kiss my boyfriend.
CTyankee
(63,912 posts)got angry and drunk while his wife was dying of cancer, out of his mind from anger at being cut out of her will (she had the money in that relationship). When the aunt's niece came by to help her in her dying moments she was killed by her deranged uncle who was drunkenly waving the gun around, fired it and hit her, killing her instantly. Without the gun present in such a circumstance, there would have been no shooting death. Once a gun enters that kind of situation, control of the individual waving a gun would not have resulted in a murder situation. My niece's dying act was calling 911 and saying "There's going to be a shooting..."
I have told this story many times on DU. Anger, alcohol, and availability of a lethal weapon ended my niece's life on this earth.
The shooter turned the gun on himself, ending his miserable life on earth.
What kind of a 2nd Amendment article can you make for me and my family? You can't.
wryter2000
(46,083 posts)And let's not forget all the suicides that might not happen.
CTyankee
(63,912 posts)The thing that we never know is how the family of a gun victim lives with that killing. In my family, the lives of everyone changed. Her sister went into the Methodist ministry. I am sure it was because of her sister's untimely death. I just hope she has found some peace.
What makes me angriest is this happened in Texas and do we see anything good coming out of her death in terms of gun control? She's gone forever and these goddamn gun restrictions are still not in place in order to keep another young woman with her life in front of her not suddenly gunned down...ALL BECAUSE OF PEOPLE'S BELIEVE THAT GUNS ARE GOOD AND GOOD FOR THEM IN THEIR LIVES! They have to know this is not true deep down. Yet they just keep believing in a deadly myth...
wryter2000
(46,083 posts)MorbidButterflyTat
(1,859 posts)"After his remarks about becoming a dictator they're glad they have their guns."
What does that mean? What will having guns do?
Do you and your family often come into contact with gun carrying tr*mp fanatics?
radicalleft
(481 posts)Yes...yes I do. Have you ever been to Michigan? These fuckers are nuts! Do you recall the "armed" protests at the MI state capital during the covid lockdowns?
DetroitLegalBeagle
(1,927 posts)There is a reason Michigan didn't make any serious attempt to pass any assault weapon and magazine capacity restrictions despite controlling the legislature and governors seat. Even with that they didn't have the support for it. That's why they concentrated on red flag laws, background checks, and safe storage laws instead of gun bans.
Blues Heron
(5,944 posts)Axelrods_Typewriter
(297 posts)Sure, the second amendment would be gone, but there are already so many guns in circulation in the US that I don't think it'd matter.
Not to mention the right wing gun humpers, who buy most of the guns and ammunition off the non-government-oriented market, think their gun rights are from god. The second amendment isn't where the buck stops for them, it's where the buck is passed between them and god. They'd continue to operate as if it were still there, because in their construction of the world it still would be.
That being said, being LGBT, I like having guns to protect myself from said right wing gun humpers.
thomski64
(457 posts)..that's why repeal should include the confiscation of military style weapons... but I'd be willing to compromise..a ban on new sales and manufacture seems like a good meet in the middle proposal..
yagotme
(2,928 posts)CTyankee
(63,912 posts)But having you over control of your own safety to the degree that you have to arm yourself, is unacceptable. You shouldn't have to move to a pro-LGBT rights state in order to just live your life. It puts you in a horrible situation: defend yourself with a gun, just to live.
Sadly, this is the reality of so many Americans who simply want to live their lives without anti-gay prejudice. But you have to weigh the risk of having a gun present in a bad situation.
Can you move away, just to be safe?
I know, it should NOT be that YOU have to be the one to move and not the rights deniers.
I have a stake in this debate. My grandchild is transitioning to female in California, where she and her family have medical care for her and protections against prejudice and violence against her. I am so glad to know she is safe and thriving in an already difficult situaton for her family.
raccoon
(31,126 posts)surfered
(542 posts)There is a hunting tradition interwoven with rural society in this country. The problem started when gun manufacturers had sold about every shotgun or deer rifle they could. Thats when they decided to market military style weapons thru a campaign of fear of crime. Once they made you feel that you would have to defend your home, well that shotgun loaded with bird shot would just not be good enough. You would need a weapon that was designed to kill human beings and large capacity magazines.
Stuart G
(38,449 posts)yagotme
(2,928 posts)Didn't work out that well for us.
Hangingon
(3,071 posts)Lots of people walking around gun shows with ARs and AKs with little Pre Ban flags down the barrel
yagotme
(2,928 posts)What's that phrase about doing the same thing over and over again, and results???
bucolic_frolic
(43,343 posts)with flintlock rifles. Guns in the hands of citizens were supposed to be a right and ready militia to defend the country. A lot has changed since 1793.
A militia was about patriotism and the nation State, not about private interests except defending home and family on the frontier, and against brigands in travel. We're a long way past that. Just like we know a lot more about mental illness, and those who shouldn't have guns. And we know that mass shooters often purchase their arms just a few days before their final exit events.
Who wouldn't be in favor of preventing mass shootings? Or any shooting? There are interests that would support neither, and that is revealing.
yagotme
(2,928 posts)Right now. There's no protection from the 1st Amendment for computers. Quill and paper, or manual printing press is it.
Voltaire2
(13,203 posts)available standard military issue weapons that can be carried by a human to be protected by the 2A. That was the point. But a strict construction would also not discard that pesky well regulated militia clause.
yagotme
(2,928 posts)Can also mean well trained, or working properly. A "properly regulated clock".
Straw Man
(6,625 posts)... explains why the "right of the people" should not be infringed. It doesn't say the "right of the militia." Citizen militias require an armed citizenry. If you say that the decision to maintain a standing army made the Second obsolete, I would (a) say that said decision was a step in the wrong direction, driven by expansionist (... cough ... imperialist) tendencies and (b) ask why, then, the Second wasn't abolished then and there.
InAbLuEsTaTe
(24,123 posts)JT45242
(2,299 posts)Licensed users and owners who have passed a test like a drivers test.
Only those guns that are safe to use for intended purposes (I know many who eat mainly game -- venison, wild turkey, etc.).
Well regulated -- no magazine of more than 8 bullets. No assault weapons. Etc.
Stuart G
(38,449 posts)Best_man23
(4,910 posts)I've said if P01135809 gets back in office and unilaterally suspends the Constitution on Day 1, he will also suspend their precious 2nd Amendment. So when P01135809's goons come for their guns because there's no more Constitution and no more 2nd Amendment, they should remember: They. Voted. For. That. To. Happen.
Scrivener7
(51,025 posts)BlueKota
(1,798 posts)is because I think there are some legitimate reasons for limited gun ownership. I come from a family that had a lot of farmers in it. My cousin told me he needs a shot gun to protect his cattle from potentially rabid wild animals, and to protect his crops from other wildlife. I see that as a reasonable argument
Also though I love animals the reality, is there is not enough grazing ground for the amount of deer that need it to not starve to death. They also cause a lot of car accidents which endangers both humans and deers. Rifle hunting should remain legal!
Weapons that can rapidly fire multiple bullets, however, should not be allowed.
progressoid
(49,999 posts)Of course all of this is purely academic. We aren't getting rid of the 2nd amendment. And we still have more guns than people in America - in fact, more guns per capita than anywhere in the world.
MichMan
(11,988 posts)Post # 128 for example
progressoid
(49,999 posts)It'll never happen in our lifetimes.
Americans are in love with their weapons whether for hunting animals or people or little clay saucers.
Apparently we can't live without them. And every year 40 or 50 thousand people can't live because of them.
Ohioboy
(3,248 posts)There are many places in the Constitution where the militia is referenced, and the meaning is clear. It was intended for common defense, not as a license for insurrection.
thatdemguy
(453 posts)The reason for the 2nd was for insurrection. If the gov tried to "take" over the guns where there to stop the gov. It was also so the gov would not need a standing army that could be used against the people.
Ohioboy
(3,248 posts)The 2nd was clearly about common defense and military service. It was the way our founders came to grips with the historical tendency for kings to use their armies against the people. It was reasoned that a military force should come from the people in order to avoid tyranny.
An interesting thing about the 2nd Amendment is that in its original draft it contained a conscientious objector clause for those whose religions wouldn't allow military service, proving once again the intent was for common defense.
James Madison (a Federalist) produced an initial draft of the 2nd Amendment as follows:
"The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person."
In other words, the original debate on the 2nd shows that it was intended to be for common defense, not a license for insurrection.
https://constitution.congress.gov/browse/essay/amdt2-2/ALDE_00013262/
Joinfortmill
(14,474 posts)would be my preference
ShazzieB
(16,543 posts)I'm honestly not a fan of the 2nd amendment, but I think we should focus on solutions that are actually doable. That would include requiring gun owners and users to be licensed the way you have to be licensed to drive a car, just for a start.
I'm also in favor of an assault weapons ban. And no, I don't know offhand how to define which weapons that would include, but I refuse to believe that's an insoluble problem. We did it once, and we can do do it again.
yagotme
(2,928 posts)The law basically banned mostly cosmetic features, so the manufacturers produced the weapons without the features, and many anti gunners cried foul, because the law was poorly crafted. The wanted the guns GONE, but they didn't get what they wanted. Just a chopped, modified semi auto, that performed the same way it did before the ban.
And no, I don't know offhand how to define which weapons that would include, but I refuse to believe that's an insoluble problem.
If you're wanting to ban something, you need to be VERY specific in what you're banning.
Sal_NV
(603 posts)that wouldn't eliminate guns by any means, it would then be left up to the states to set their own firearm laws and most state Constitutions have their own version of the 2nd Amendment.
For instance, in my state, NV, this is in our state Constitution:
In 1982, Article 1, Section 11 of the Nevada Constitution was amended to add that:
Every citizen has the right to keep and bear arms for security and defense, for
lawful hunting and recreational use and for other lawful purposes
RocRizzo55
(980 posts)I would be in favor of making sure that people who understand the English Language interpret it as it was meant to be interpreted, and they explain that interpretation to folks who believe that it states that anyone can have a gun.
chouchou
(645 posts)....reality proves that Americans, as a group, cannot handle dangerous weapons.
If our so-called leaders actually worked to make this country fair and prosper for ALL people, I'd feel different.
The daily grind and stress here certainly causes actions that a decent percentage of the population just can't handle.
We're 16th in happiness ranking (2022)
yagotme
(2,928 posts)380 some million Americans, roughly the same # of firearms, 40,000 or so deaths/year, 2/3 are suicides. I'd say NEARLY ALL Americans are doing OK with their "dangerous weapons". Methinks your brush painteth a wide swath...
Ocelot II
(115,879 posts)Also, "amendment" has only two ms.
Martin Eden
(12,878 posts)Those firearms could easily cross state borders without breaking any federal law. My hometown of Chicago has relatively strict gun control laws, but neighboring Indiana does not. The pipeline of illicit guns adds greatly to gun violence in Chicago.
2A is an obsolete anachronism. It needs to be rewritten for the 21st century.
I highly doubt it would be politically possible to completely rescind any Amendment in the original Bill of Rights, including 2A.
However, at some time in the future it might be possible to greatly improve 2A through the amendment process.
multigraincracker
(32,729 posts)Knifes, swords, land mines and rockets are highly regulated without argument. Go figure.
yagotme
(2,928 posts)I don't understand your context on that.
multigraincracker
(32,729 posts)that regulate blade length and concealment of knifes. They are regulated. But, why cant you buy and possess land mines? Isnt a nuke an arm? Why do only guns raise blood pressure?
yagotme
(2,928 posts)"Military combat knives" can be purchased nearly everywhere, some state/local restrictions may apply, no paperwork. Can be bought by nearly anyone through the mail. Firearms sold through dealers are papered upon purchase (4473). "Arms" in the 2d have been legislated to mean personal sidearms, rifles, shotguns, handguns. Machineguns, explosives, thermonuclear weapons, have different regulations. (By the way, it IS legal in most jurisdictions to own machineguns. There are special licenses through the Fed govt.)
intelpug
(88 posts)Because the NKA (National knife association) up to this time has not got enough members or donors to properly mount a supreme court challenge to this issue. If such existed,, I have no doubt there would be changes there to
Captain Stern
(2,201 posts)You can go to the store and buy any knife that the store is allowed to sell without the paperwork.
Just like I can go to the store and buy any drug I want without paperwork........unless the particular drug I want to buy is illegal...then the store isn't selling it.
Depending on the state you live in, you can't go to the store and buy a switchblade or a butterfly knife.
yagotme
(2,928 posts)Not so with every knife. So, yes, I was right for the biggest part.
ShazzieB
(16,543 posts)In my state, I can't go into a store and buy certain decongestant medications without paperwork.
Those drugs are legal, but the amount I can buy at one time is regulated, and I can't buy any without showing i.d. and signing a piece of paper (because they have an ingredient that can used to manufacture meth).
But other than that, your point is well taken.
gopiscrap
(23,765 posts)fucking gun humpers
LexVegas
(6,107 posts)NNadir
(33,564 posts)LexVegas
(6,107 posts)NNadir
(33,564 posts)The protection of that putative "right" was put into the constitution by the same people who claimed, according to some interpretations of the asinine 2nd amendment, that assholes could declare themselves "militias" and, among other things, shoot up concerts in Las Vegas, for just one example.
Would you have been against removing that putative "right," the right to own people and treat them like farm animals?
I think I have a right to not be shot because some people think they have the "right" to own machines whose main purpose is to kill people like me.
LexVegas
(6,107 posts)yagotme
(2,928 posts)I haven't heard that the Vegas shooter was a "militia member".
NNadir
(33,564 posts)...in Las Vegas or any other mass shooters, but since there are people who feel that their "right" to own weapons to kill people are connected to a constitutional clause written by slave holders who claimed a "right" to own people, that says "...a well regulated militia..." I'm mocking the "right" that mass murderers have to declare themselves a one person militia.
yagotme
(2,928 posts)to know what you're intent is.
claudette
(3,605 posts)Guns for hunting only.
Sal_NV
(603 posts)What about those of us that are retired cops?
Are we allowed to own and carry?
Voltaire2
(13,203 posts)Most states that are run by sane people would regulate guns, limiting the types allowed, requiring owners to be licensed and insured, and restricting carry, concealed or not, to individuals with a clear need to do so.
I do not see how being a former cop elevates ones rights.
Sal_NV
(603 posts)Being a former cop doesn't elevate my rights over any other american, that was kind of my point but I stated it badly.
MichMan
(11,988 posts)Sal_NV
(603 posts)MichMan
(11,988 posts)Sal_NV
(603 posts)according to D. Trump and the maga crowd, they're highly overrated.
Voltaire2
(13,203 posts)There is no need to do that. Just make possession, after a super generous buyback period, a felony with a stiff enough penalty that only idiots will retain their precious guns. Then just wait for them to get caught.
MichMan
(11,988 posts)As long as people in favor are prepared to never win another election in states like Michigan, Wisconsin, Ohio, and others where hunting is very popular.
Since the real reason to abolish gun ownership is to stop gun violence against people, why not just make shooting a person a "stiff enough penalty that only idiots" would do it? Oh, wait, we already do that, don't we?
Voltaire2
(13,203 posts)But you may not be happy with your gun choices.
We already execute people for murder. It isnt particularly effective at stopping mass murders by people with ridiculous weapons. There is a problem. There are reasonable solutions. Currently all we are doing is making it easier for everyone to get ever more lethal weapons.
MichMan
(11,988 posts)Voltaire2
(13,203 posts)But single shot bolt action rifles were used for a long time by hunters. Im sure you will be able to manage.
Straw Man
(6,625 posts)Most bolt-action hunters use rifles with box magazines. Sometimes they need a follow-up shot. Or two.
And before bolt-actions, hunters used lever-actions like the iconic Winchester, with tubular magazines that could hold up to 13 rounds, depending on the caliber. These have been called "hillbilly assault rifles." Do you propose banning these as well? They've been in civilian hands since the 1870s.
Voltaire2
(13,203 posts)I'm not interested in the diversion over gun spec definitions. I don't care. I'll leave that to actual experts who will assist writing effective legislation. We all know there is a huge problem with assault weapons. They need to stop being sold to civilians, the existing stock needs to be reduced, and possession needs to be illegal.
You can go kill bambi with a normal hunting rifle. You will need a license for whatever weapon that is, you will need insurance, you will have to abide by regulations regarding storage and transport. Yes it will be an inconvenience for the millions of responsible gun owners. Oh well. Too bad the idiots spoiled it for everyone.
yagotme
(2,928 posts)Now, apply that to every recreational sport in the world. Won't take long to get rid of all sporting events, will it?
Voltaire2
(13,203 posts)Good point. I hate it when basketball fans attack schools and murder children. There must be something we can do about that.
yagotme
(2,928 posts)Glad we could agree. Let's stop mass sporting events. TV only. A more peaceful past time.
Voltaire2
(13,203 posts)But still comparing rolling a car over to slaughtering children in an elementary school is just weird. Not even Poe could come up with that.
yagotme
(2,928 posts)Violent criminals, those sports fans. Streaming at home, they'll just have to beat themselves up, and tear up their own place, instead of someone else's.
EX500rider
(10,874 posts)Care to run some numbers on that?
I believe there are over 70 million long guns in US hands, not incld shotguns.
I believe at $1,500 a gun that would be over a billion dollars
If only half those are "assault weapons" then still over 1/2 a billion but not sure $1,500 would be enough as many cost more then that.
Straw Man
(6,625 posts)... everybody knows that you can't kill people with a hunting gun.
Because the purpose of a hunting rifle is to kill for food and the mentally ill and domestic abusers wouldn't be allowed to have them. Police and military should have guns, too. No one else. In my opinion.
Sal_NV
(603 posts)That's some real authoritarian thinking right there.
First thing tyrants and dictators do is outlaw the civilian ownership of firearms.
yagotme
(2,928 posts)Ahh, purpose. Isn't purpose primarily in one's thoughts and actions? A golf club is for golfing, except when used for bashing someone in the head. Same as a baseball bat. Tire iron. Criminal acts are perpetrated by individuals, not things. I have a rifle, that it's "purpose", is to punch holes in paper.
Well, technically, we have that now, for the most part. The mentally ill are often protected by HIPAA laws, and getting individuals reported to NICS has been difficult, or lax. Domestic abusers, when judged, often lose their firearms rights. Depends on state/sentence.
When the military and police are the only ones with guns, you are asking for a police state. Sure that's what you want?
.
TexasDem69
(1,850 posts)But not the ownership of firearms
Cherokee100
(270 posts)Let's see, how many guns do we need in this country? There are more guns than people. Even after what we 'export/smuggle', to other countries. Why don't we make cancer 'legal' too?
yagotme
(2,928 posts)Bill of rights ratified: 1791
Army birthday: Jun 1775
Navy birthday: Oct 1775
USMC birthday: Nov 1775
doc03
(35,386 posts)over 6 rounds or maybe 10 should be illegal. I am a former member of the NRA and have 10 guns at this time.
SocialDemocrat61
(674 posts)I favor stronger regulation. Limited the types of guns that individuals can purchase and own. Require gun owners to be licensed and register every gun they own. Plus require them to be insured. Treat gun ownership the same way we treat driving and owning a car.
Firestorm49
(4,037 posts)supremacy all around us, I will still prefer to have anything potent that can work to protect me, my loved ones and my property. Im not special ops trained. Im just a regular Joe Blow who decided after TFG got elected that personal safety may become an issue in the future, as it turned out to be. The fear that gripped me years ago has manifested itself in the possibility that the idiot could win again, meaning theyll do anything to win. In that case, God help us all.
byronius
(7,401 posts)Fla Dem
(23,768 posts)I would allow hunting rifles and simple single shot handguns.
world wide wally
(21,755 posts)But, it's only been 250 years since the second amendment was written.
EX500rider
(10,874 posts)It is commonly asserted that the United States has more than 20,000 gun laws on the books at local, state and federal levels.
world wide wally
(21,755 posts)I am quite curious.
EX500rider
(10,874 posts)world wide wally
(21,755 posts)EX500rider
(10,874 posts)world wide wally
(21,755 posts)brewens
(13,626 posts)Freethinker65
(10,064 posts)Even as an organized group, as it once did.
However, realistically, leaving the right at firearms is probably the best we can hope for politically.
moondust
(20,014 posts)~
Within 12 days of the Port Arthur massacre, all six Australian states agreed to enact the National Firearm Agreement (NFA) establishing a national registry of firearm owners and a buyback program so that Australians could sell their guns to the government, and placing a complete ban on semi-automatic rifles and shotguns.
The NFA, which still applies today, requires Australians to wait 28 days before they purchase a gun, as this is the time required for extensive background checks. Applicants must obtain a licence and permit, be over 18 years old, provide documentation on where they will store the weapon and complete firearms safety training. Most notably, they need to provide a justifiable reason for owning the gun, which, unlike in the US, does not include self-protection.
~
https://lsj.com.au/articles/gun-control-what-makes-australian-and-us-laws-so-different/
We're nothing like Australia, beyond being a former British colony. It's a pointless comparison.
Then there's this:
So one has a right to hunt and shoot targets but does not have the right to defend one's person? I call that the "take one for the team" school of social engineering.
Aussie105
(5,444 posts)If bullets come flying at you, how is you holding a gun going to protect you?
Force field built into your gun, perhaps?
Your bullets neutralise those coming at you?
Best buy a flak jacket instead if you really want protection.
The whole 'self-protection' idea is an illogical red herring.
yagotme
(2,928 posts)I assure you that you are mistaken.
ShazzieB
(16,543 posts)LiberalFighter
(51,137 posts)It was not intended for the general public to possess firearms. That is why they had gun armories back then. The intent was to regulate slavery.
On another note. Regulate the gun manufacturers. They should be required to sell assault firearms only to the military/federal government. If they try to sell to civilians they lose their federal contract.
yagotme
(2,928 posts)Aren't "the people" the general public? And the armories were for storage of the militia weapons, not personal.
1st: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
2d: 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.
4th: The right of the People to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
9th: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
4 amendments using "the people". Tell me how "the people" in the 2d means something completely different than the others, please.
TexasDem69
(1,850 posts)The people are you, me and everyone else in the U.S.
EX500rider
(10,874 posts)I am sure they authors of it knew what they meant, after it was passed was militia service then required anywhere in the US to own firearms?
CaptainTruth
(6,606 posts)""A well regulated Militia, being necessary to the security of a free State"
One could argue it applied during a time when "a well regulated Militia" was "NECESSARY to the security of a free State," & today it's no longer necessary, so it no longer applies.
In logic terms, the 2A sets forth Condition X, under which Condition Y applies. When Condition X ceases to exist, Condition Y no longer applies.
Just my thoughts...
Kablooie
(18,641 posts)It should be governed by laws that are tuned to the times.
The original meaning was so the federal government couldnt disarm states and dominate them.
That meaning was eliminated forever by th court so it should go.
DavidDvorkin
(19,493 posts)GuppyGal
(1,748 posts)republianmushroom
(13,722 posts)The Mouth
(3,164 posts)none. At all.
usonian
(9,909 posts)However, it should simply be amended to exclude weapons of mass destruction, which did not exist at the time of its writing.
yagotme
(2,928 posts)You can buy an historical example today. A modern cannon requires a lot of paperwork, taxes, and background checks, but can be done legally. Haven't heard of any mass cannonings lately, though.
usonian
(9,909 posts)I guess that reinforces the point that only military had one and just maybe only military should.
Speaking of background investigations, until the extreme court rules against them entirely, a BI equivalent to one required for a secret clearance ( and not confidential) would suit me, even if some betray the trust imparted.
yagotme
(2,928 posts)"Colonies" had cannon. Some, very well likely, privately owned. The "privateers" had cannon on their ships, and they were not "government" troops. So, yes, cannon were privately owned. There was apparently no law restricting ownership at the time, it seems.
EX500rider
(10,874 posts)a chemical, biological or radioactive weapon capable of causing widespread death and destruction.
usonian
(9,909 posts)But I am a pacifist.
Killing more than one is mass destruction to me, where one is still unacceptable.
ESPECIALLY in civil society, rather than war.
IMO, the world really went to hell with mass civilian killing. I am thinking WWII, but it no doubt goes further back. Theyre all wrong in my book.
EX500rider
(10,874 posts)and would literally make pyramids out of skulls
Khan's armies may have slaughtered more people than Joseph Stalin and Adolf Hitler's combined. His military campaigns sometimes involved eliminating an entire civilian population. As many as 40 million people were killed under his rule.
usonian
(9,909 posts)My concern is here at home, where one person can slaughter many.
To insure domestic tranquility seems lost.
LeftInTX
(25,595 posts)H2O Man
(73,627 posts)We should no longer need armed force to quell slave revolts and attacks by Native American
Chainfire
(17,656 posts)The "well regulated militia" was the Army in the USA at the time the Constitution was written and amended. . Even if the amendment was nixed the the red states would then add similar or worse protections of gun rights to the state constitutions.
There are no easy fixes for the gun problem. Nothing changes until the people demand change. There is too much money to be made in the gun business.
yagotme
(2,928 posts)Army started in 1775. Constitution ratified 1791. How about the second half? Are "the people" the same people listed in 3 other amendments in the Bill of Rights? If not, how so?
Chainfire
(17,656 posts)It is about a "Well regulated militia" which today may be the National Guard or Army reserve.
yagotme
(2,928 posts)as the National Guard. Gotcha. So, only the National Guard can peaceably assemble? Be secure in their papers?
"A well regulated militia" (not a free standing army), "being necessary to the security of a free State" (we had just fought a war against a nation that used it's army to subdue the population), (Here's where it gets interesting. Another comma. Perhaps to separate the first half from the second??) "the right of the people to keep and bear Arms" (Not the army. Not the guard. The PEOPLE. And, a RIGHT, not a "well, if I feel like letting you have them" , "shall not be infringed." (Well, pretty self explanatory.)
Midwestern Democrat
(806 posts)Last edited Sun Dec 10, 2023, 02:46 AM - Edit history (1)
individual right to keep and bear arms. The American colonists had the right to keep and bear arms under the English Bill of Rights of 1689 when they were British subjects, for God's sake. The English Bill of Rights stated "That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law."
yagotme
(2,928 posts)wryter2000
(46,083 posts)That was the point of US v Miller, I think in the 1930'. That's why we were brought up to know what the amendment was really about--raising a militia, not individual rights.
bif
(22,765 posts)LonePirate
(13,431 posts)The amendment has been bastardized and misinterpreted that the only solution for this country is to repeal it.
I am open to replacing it with a new amendment that permits the possession of a single handgun per adult in ones home/on ones property; but not in public in either an open carry or concealed carry manner. I might be open to an exception for hunting rifles or shotguns for rural residents only or heavily regulated hunting rifles loaned on a temporary basis by LEOs for the express purpose of regulated animal hunting.
MichMan
(11,988 posts)wryter2000
(46,083 posts)We no longer need state militias to defend the country. That wouldn't make guns illegal, but it would take away the "right to bear arms" argument.
SYFROYH
(34,185 posts)GoodRaisin
(8,930 posts)so that gun ownership and laws are reasonable. The writers of the constitution didnt see military assault rifles coming
yagotme
(2,928 posts)Along with accoutrements (bayonet, powder horn, ball pouch, etc.)
Bet if ole Georgie could have had a company or two of militia armed with the lowly AR-15, Valley Forge wouldn't have been necessary. M-16's would probably have scared the Brit's right off our shores.
Hangingon
(3,071 posts)yagotme
(2,928 posts)Quicker to load than a Pennsylvania rifle, and had that eeebilll bayonet lug.
broiles
(1,370 posts)Iggo
(47,574 posts)Gunfuckers love that one.
Another one of their greatest hits is: You guys come up with ideas, and well tell you if we like them or not. (Spoiler: Its always or not
lol.)
krawhitham
(4,647 posts)I'm almost 70 and have never owned guns. So, having lived my whole life without guns I conclude that they're unnecessary, a modern death fetish. Repealing the second amendment would make the country a far safer place. I haven't yet heard any compelling arguments to the contrary. I'd go further and replace the second amendment with strict criminal penalties for civilian gun ownership, and for using any gun in the commission of crimes. We are awash in guns. The only credible plan for getting guns off our streets is to get those who insist on having them off our streets!
MichMan
(11,988 posts)Don't we already have strict criminal penalties on the books for using a gun in the commission of a crime?
mike_c
(36,281 posts)I mean, if enforcement of current laws doesn't make change, then the current laws are ineffective. The solutions are obvious: either better enforcement of current laws or better laws-- or both-- are needed.
TexasDem69
(1,850 posts)That would certainly drive up our prison population.
yagotme
(2,928 posts)if they were actually used, not plead down.
yagotme
(2,928 posts)I'm almost 60. I have never owned a city bus. So, having lived my whole life without a city bus I conclude that they're unnecessary.
EX500rider
(10,874 posts)yagotme
(2,928 posts)Smacks of something, not quite sure what...
Stuart G
(38,449 posts)Elessar Zappa
(14,083 posts)No, Im not in favor of removing it, what I have a problem with is the way idiot judges have interpreted the amendment to give any asshole the ability to own weapons that can kill multitudes in mere seconds.
Hekate
(90,848 posts)MorbidButterflyTat
(1,859 posts)It won't happen, tho.
I think there's too much money and too much corruption and too many empty, soulless people in the world and the US, and nothing can or will change that.
But nobody gives a flying fig what I think.
TexasDem69
(1,850 posts)At best theres a split of opinion on DU about repealing the 2d. How do we think the general public feels?
NickB79
(19,274 posts)Over half of all US households have a gun now.
General public seems to be solidly on the pro-gun side.
In It to Win It
(8,293 posts)EX500rider
(10,874 posts)It is commonly asserted that the United States has more than 20,000 gun laws on the books at local, state and federal levels.
In It to Win It
(8,293 posts)TexasDem69
(1,850 posts)What changes would you make to gun ownership? It seems like it would be up to the individual states to determine.
ecstatic
(32,737 posts)As long as they remain armed up, I need for at least one person on my team to be similarly armed.
Fla_Democrat
(2,547 posts)I think you can guess the rest.
hydrolastic
(488 posts)I have only said this in my shop a couple of times. To disastrous result. These people can't be asked they must be told.
yagotme
(2,928 posts)However, the numbers will probably never be in favor of that.
NickB79
(19,274 posts)And Democrats and POC are arming up as rapidly as Republicans:
In 2004, a March NBC News/Wall Street Journal poll found that 57% of Republicans said that they or someone in their household owned a gun, while just 41% of independents and 33% of Democrats said the same.
In August 2019, 53% of white voters said that they or someone in their household owned a gun, and 24% of Black voters said the same.
This month, 56% of white voters report that they or someone in their household owns a gun and 41% of Black voters say the same, a 17-point increase among that group in just four years.
It's obvious that repealing the 2nd Amendment isn't just a minority opinion across Americans in general, but even among Democrats and Independents.
So I'm a solid NO.
DetroitLegalBeagle
(1,927 posts)He says for the past 6-7 years, the overwhelming majority of new gun owners that come into his shop are women or minorities. So much so that he shifted his stock to match the demand. Hunting rifles and shotguns sit forever now so he keeps a minimal number on hand. Semi auto hand guns, pistol caliber rifles, and semi auto rifles and shotguns are the big sellers now. The number of women buying handguns for concealed carry is high enough that they run a women's only training class every couple weeks.
LetMyPeopleVote
(145,631 posts)MineralMan
(146,336 posts)that's not something I think about at all. It's not going to happen.
Hangingon
(3,071 posts)Runningdawg
(4,526 posts)We have a standing army now, there is no need for any type of militias. We should have a right to bear arms but with PLENTY of infringement.
Mike Nelson
(9,971 posts)... we need people who can look out how the country has grown, and can understand words like "militia" and "well-regulated" properly.
AllaN01Bear
(18,502 posts)yagotme
(2,928 posts)to have "war weapons"? That was kinda the main point.
EX500rider
(10,874 posts)angrychair
(8,736 posts)Wouldn't even miss it. Practically speaking it wouldn't change things for most people. Not having the 2nd Ad didn't make guns illegal, it just means we can finally get actual gun control measures, get red flag laws and hold gun manufacturers accountable.
Sadly, the last thing we want is a constitutional convention. Republicans hold control on to many state legislatures. They would run the table on us and radically re-write the Constitution to turn the US into a theocracy that would make Iran or Afghanistan look like Disneyland in comparison.
CTyankee
(63,912 posts)I'm listening...
TexasDem69
(1,850 posts)1 in 5 favor repeal, and only 39% of Democrats according to this 2018 poll (yes, a bit dated but doubt theres been much change. https://www.washingtonpost.com/news/wonk/wp/2018/03/27/one-in-five-americans-want-the-second-amendment-to-be-repealed-national-survey-finds/
Can you point me to a single politician who advocates repealing the 2d Amendment?
CTyankee
(63,912 posts)chance, but this is not the question before the people of the U.S. It is usually framed more specifically in terms of the limits of the amendment. You've offered one article discussing out and out repeal, not the more usual question centered on limiting it to what kinds of guns, what kinds of circumstances are they used, and limiting those who should not be given permits.
yagotme
(2,928 posts)Removal (repeal) IS the discussion topic here.
hack89
(39,171 posts)Happy Hoosier
(7,406 posts)significant limitations being added.
Maru Kitteh
(28,343 posts)flvegan
(64,419 posts)It's brought about a good bit of discussion, so I'll leave it at that.
Shrek
(3,984 posts)That part seems to cause confusion.
"Neither Congress nor any state shall make any law restricting the right of a citizen or a legal resident of the United States to own firearms and to bear them for any lawful purpose."
Raine
(30,541 posts)quaker bill
(8,225 posts)an amendment that expressly provides government the right to regulate the ownership or possession of any and all firearms as deemed necessary for public safety. Removing the second only eliminates the right to keep and bear, but does not provide government the power to restrict same.
MaryMagdaline
(6,856 posts)mvd
(65,180 posts)I think it may be hard to ban guns in this country but we at least need common sense restrictions.
yagotme
(2,928 posts)roamer65
(36,747 posts)ShazzieB
(16,543 posts)Literally for some and in terms of having rights ripped away from us for all.
The idea of private gun owners being able to successfully oppose him is laughable. He'll have the entire United States Military at his command to put down any rebellions. Anyone not killed in the process of fighting tyranny will be imprisoned, if not executed. That's how totalitarian regimes work.
Whatever one thinks about the 2nd amendment, it'll be out the window with the rest of the Constitution on January 20, 2025, if he wins.
roamer65
(36,747 posts)Or stage a coup detat.
But it will not all be behind him.
Quixote1818
(28,983 posts)MistakenLamb
(540 posts)Guns have practical uses for recreational, hunting and protection. I am in favor of regulation, licensing and limiting types of guns and who can access them.
Sky Jewels
(7,154 posts)It has been a curse on this nation and we dont need it for militias anymore.
SalamanderSleeps
(592 posts)However, if we start missing school shootings we can always change it back.
The Second Amendment was meant to assist slavery.
It never should have been a feature of the Constitution.
No one on planet earth actually needs a .50 cal Desert Eagle - unless they are an asshole.
brush
(53,922 posts)that a well regulated Militia, being necessary to the security of a free State..." is made clear to the nation that that clause's meaning, because there was no standing army then is meant to be permanently coupled with "...the right to bear arms shall not be infringed" phrase.
It must be clarified that every bozo with the funds can't plop down the money and buy easily-converted-to-automatic-fire military assault weapons that can fire hundreds of rounds a minute and blast to smithereens innocent human flesh.
It needs to be made clear that the founding father's were referring to a militia bearing state of the art weapons then that were muzzle-loading muskets that could fire at best one round in two minutes, not the present day Uzis or converted AR-15s capable of firing hundreds of rounds per minute.
yagotme
(2,928 posts)Did you even try to look this up before you wrote it? The Continental Army was founded in 1775. BOR ratified in 1791. 16 years.
2d A:
Your "quote":
You missed "of the people" in your quote. I'd say that that was more of a connection...
Define "easily converted" please. Most aren't "easily converted" without some precise machine shop work.
You're really saying 2 different things in this section. "...militia bearing state of the art weapons then that were muzzle-loading muskets". Yes, they wanted the most current, up-to-date weapons system at the time. "...not the present day Uzis or converted AR-15s...". If they wanted the best weapons of that time, then of course they would want the best systems of this time. Bet they would have paid good money to get their hands on some AR-15's back then. And not necessarily the "converted" ones, either.
brush
(53,922 posts)which of course is the the state of the art weapons when the Second Amendment was written were muzzle-loading single-fire, one round every two minutes or so, not the hundreds of rounds a minute weapons possible today.
It's well known that the Founding Fathers had a fear of standing armies. The Constitution was written in 1787, and the Bill of Right, which included the 2nd Amendment, was added in 1789 and included the 2nd Amendment pertaining to a militia of citizen soldiers to be called up if necessary to defend the free state with their state-of-the-art, muzzle loading muskets of the day.
The unclear wording of the 2nd is still an issue to this day as evidenced by your post, but it certainly didn't foresee nor intend weapons in the hands of run-of-the-mill bozos running around with weapons capable of firing hundreds of rounds per minute.
yagotme
(2,928 posts)Yep. You missed this point. The army of the time, wanted to use the best weapons of the time. If they had a source for a highly improved weapons system, I'm sure they would have been more than happy to have it. BTW, there was a rotating barrel cannon developed in the early 1700's. Didn't always work well, but they WERE trying to increase technology, and increase rates of fire. Therefore, your premise that they didn't foresee rapid firing weapons in the future wouldn't be correct.
Crystal ball, much? How do YOU know what they foresaw? They didn't foresee cell phones and computers, but the 1st A still applies, yes? Maybe they foresaw more than you think...
(BTW, the "blah blah blah thing is a little condescending, isn't it. Maybe you should try something else.
brush
(53,922 posts)what American citizen soldiers had available to them when the Constitution and Bill of Rights were written...including, or perhaps not including, the rotating barrel cannon that did not always work. Why would you even mention something that didn't always work?
Anyway, as far as what the Founding Fathers thought, the Frist Amendment's five freedoms...speech, religion, assembly, the press, and the right to redress grievances still apply as they are universal rights that should apply to human beings everywhere. Kudos to them. but curiously they didn't include Black people and women who they viewed as their property, and white, male propery owners where their point of perspective. Whaddya know about that?
The founding father's wisely, even with their limited poinf of perspective, went with what was reality at the time, and that was muzzle-loading muskets. Can't blame them, how could they foresee Black people and women voting even? Why, who'd-a-thunk such a thing? Even Jefferson, one of the more forward thinking ones didn't free his enslaved until he died, even though he thorougly enjoyed the pleasures of the flesh with his Black, enslaved mistress, Sally Hemings (incidentally there's good info here, and even an illustration of her at this link: https://www.google.com/search?channel=frs&client=firefox-b-1-d&q=sally+hemings.
yagotme
(2,928 posts)The basic problem with the Puckle gun was it's somewhat unreliable flintlock ignition system. This was solved in the 1800's with metallic self-contained cases. Do you think the colonists would have used AR-15's, if available, or not?
1st Amendment: "still apply as they are universal rights that should apply to human beings everywhere." Even with computers? Computers weren't thought of then, so they don't fall under the 1st A, right? Just like "assault weapons" under the 2d. Glad you could clear that up.
Correct. And when "we" realized the injustice, "we" corrected it. Amazingly, they did it without having to change the BOR. Whaddya know about that?
Perhaps they did foresee it. Otherwise, why use "the people" so often???
Would have to look it up, but I believe that he wasn't allowed to do so under current law. Only could be freed upon his death.
brush
(53,922 posts)disenfranchising people with fake elector votes as recently as 2020.
Realiy has a way of hitting reality deniers in the face.
yagotme
(2,928 posts)My post:
I fail to see your connection, and you obviously didn't see mine.
brush
(53,922 posts)the First's freedom of speech, as well as the Fourth Amendment's promise of security in peoples' person, papers and effects...and so on:
The 15th guaranteed American citizens right to vote and not be disenfranchised as trump's magats tried to do with their fake electors.
The 19 early in the last century belatedly guaranteed the right of women to not be disenfranchised.
The founding documents...the Constitution, the Bill of Rights and subsequent amendments, plus the Declaration of independance are beautiful and profound statements on the rights of man (they of course inspired France's "Declarration of the Right's of Man" a few years later, and they drew from the "Magna Carta" of centuries earlier).
I just wish the rights they promise were always strickly enforced, especially by Congress, LEO agencies and everyday citizens towards each other.
yagotme
(2,928 posts)The founders couldn't foresee them, and they aren't listed in the amendment. You can't use your computer to communicate, go on message boards, write your congressperson, etc. After all, the colonists didn't have them, nor should you. THEY WEREN'T CONCEIVED OF, per you.
Like the 2d? Or, is it still "special"? The BOR is what the govt CAN'T do, remember. It's the freedoms of the populace.
brush
(53,922 posts)is cover by the First Amendment's "freedom of speech" and the Fourth's "security in the peoples' "person, papers and effects...."
yagotme
(2,928 posts)What computers are to the 1st, modern arms are to the 2d. If you believe that modern arms should be restricted/banned, therefore, computers would fall under the same reasoning. Being secure in your papers means they can take your flash drive, whenever they want, because a flash drive is not paper. Do you follow now???
brush
(53,922 posts)which endures and it's guaranteeds in writings don't change. The Second Amendment meaning, though not clearly written and needing clarification, shouldn't change the intent of the FF's intent that a well-regulated militia's right to bear arms shall not be imfringed.
Well-regulated militia's rights to bear arms should not be infringed being the key phrase...not every Tom, Dick and Harry, not well-regulated militia, running around bearing military-grade, automatic weapons becauce technology evolved and now it's possilbe for these non-military assholes who can't get a driver's license yet, can buy them on the open market.
No, that's not what the FFs intended and it shouldn't be possible now. Only the military/LEOs pls.
yagotme
(2,928 posts)That statement does not appear in the 2d in that fashion. You missed "the people". The rights of the people shall not be infringed, not the militia. Here:
About the 4th or 5th time I've had to c/p this today. Seems like a lot of people here have never read the whole amendment, in order.
brush
(53,922 posts)you agree that military-grade, atomatic-fire assault weapons should be the purview of the military and LEO agencies only?
Home protection shotguns and pistols ok, and rifles for sport without the harge capacity magazines please.
yagotme
(2,928 posts)Class III FFL, Form 4, LEO, military. Most states allow purchase of full auto arms by civilians, going through the BATFE. I have no problem with this, as there almost NO cases of lawfully owned full autos being used in crime. If this is your actual definition of "assault weapon", we're good. If you are including semi auto only copies, then we're not.
It was just a curious combination of the words you left out, and the words you substituted in. Seemed to be a "militia only" argument, the way you had it phrased/cropped.
brush
(53,922 posts)Last edited Tue Dec 12, 2023, 04:05 PM - Edit history (1)
difficult to get licensed for, I'm for bringing back the assault weapons ban of the '90s. I similar measure was adopted in Australian and mass shooting there just about ceased.
My reason for this is there are inexpensive devices that can easily convert AR-15s and the like to automatic fire. The 2017 Las Vegas shooter used such a device and killed nearly 60 people.
yagotme
(2,928 posts)This was a ban on semi auto arms. Not full auto. (Mostly cosmetic bans.)
If you're referring to the bump stock in LV, that's not "really" full auto fire. The regs have gone back and forth on this, but the machinery inside the rifle is still semi auto. The stock allows the rifle to recoil slightly back, and it has a ledge behind the trigger, so the recoil of the weapon back and forth against the trigger finger is what releases the sear. Kinda one of those "It is, but it ain't" things. Right now, there is a bump stock ban, and you'll NEVER guess who did it. (Hint: prior to 2021.)
Australia info:
. https://en.wikipedia.org/wiki/List_of_massacres_in_Australia
Mass shootings down, mass killings still taking place.
It seemed to be working. Also background checks should be strengthened and universal, and if cars have licenses, why not for owning guns.
SYFROYH
(34,185 posts)At least once per minute with trickier rifles.
It doesn't change the point you're trying to make, but I thought you'd like to know.
A well-trained soldier could generally fire and reload a flintlock weapon three times a minute, whereas the American long rifle required a more tightly loaded bullet and generally took a minute to load and fire a single shot.
https://www.vintageisthenewold.com/game-pedia/how-fast-could-a-soldier-reload-a-musket#:~:text=How%20fast%20could%20a%20Revolutionary,and%20fire%20a%20single%20shot.
bucolic_frolic
(43,343 posts)budkin
(6,721 posts)Private citizens were never meant to own guns.
EX500rider
(10,874 posts)Right after the Bill of Rights passed were firearms then confiscated or only allowed if you were in the Militia?
By the way according to US law, Militia Act of 1903:
The 1903 act repealed the Militia Acts of 1795 and designated the militia (per Title 10 of the U.S. Code, Section 311) as two classes: the Reserve Militia, which included all able-bodied men between ages 17 and 45, and the Organized Militia, comprising state militia (National Guard) units receiving federal support.
yagotme
(2,928 posts)Crack open a history book of early American history. Lexington and Concorde ring a bell? NOT army, but militia was there. Militia was comprised of local citizens, not uniformed army. They were to provide their OWN weapons and accoutrements. So, the 2d, referencing the "militia", along with the phrase "the people bearing arms", means the general populace was allowed to have guns in their private possession.
Stuart G
(38,449 posts)Post by niyad in another forum:
Day 341 of the year. Mass shootings* SO FAR: 567. Dead: 685. Wounded: 2,294.
Would you want one of those ........Dead ....to be your friend, wife/husband, brother or sister, mother or father?
totodeinhere
(13,059 posts)and becomes a dictator. At that point our only recourse might be armed resistance against the tyrant.
Stuart G
(38,449 posts)......ON A GUN SHOOTING RAMPAGE? HOW WOULD YOU FEEL THEN?
or your husband, wife and all your children were shot and killed by a gun owner on a ...RAMPAGE?
totodeinhere
(13,059 posts)But in spite of current gun violence the chances that any close relative or friend of mine could be killed by a gun are still very slim. Whereas the chance that Trump will try to make himself a dictator is probably a given and if that happens we will have to have the means to fight back against him anyway we can. Otherwise we will lose our democracy forever.
Aussie105
(5,444 posts)We put airbags in cars to protect people.
I guess protecting people is seen as important in the motoring industry.
The same needs to be applied to guns.
People who should have guns:
Police.
Military.
Civilians with a legitimate purpose - farmers with a vermin problem for instance.
Anyone without a legit reason and just wants one for 'protection', can go jump.
Buy some better locks for your home, some video cameras, an alarm system.
MichMan
(11,988 posts)yagotme
(2,928 posts)Nobody "needs" a car that goes over 70, but if you want one, you can "go jump". Or, a big crossover, when you only have 2 kids. Etc. And buying better locks, video cameras, and an alarm system doesn't help you when you leave the perimeter of your home.
Ocelot II
(115,879 posts)isn't going anywhere. It will not be repealed in our lifetimes or in our universe. And even if it were, nothing would change because there are more guns than people in this country, and too many people attach a totemic importance to them. Owning a gun means you're a member of the manly cult of "patriotism," not that you actually need a gun, especially not a military-type weapon. As long as that mentality exists we will not achieve reasonable gun control.
Aussie105
(5,444 posts)If you really want to stick to the modern convoluted interpretation of the second amendment, if you really think you carrying a gun makes your trips outside your home safer, carry on as you are.
Lots of people in America, a few hundred deaths by guns every year is the price of Freedom, owning guns is Patriotic and Manly, etc.
(Last sentence sponsored by the gun industry and NRA.)
America is at war. In Europe, the Middle East, and possibly in the very street you live.
Enjoy!
Just make sure the gun in the glovebox of your car has the safety on.
And the ones you have at home. Secure from little fingers?
If you get stopped by the police while driving, make sure your empty hands are clearly visible. He's going to assume you are armed, so don't make any sudden moves. He's not going to take any chances, he'd like to go home in one piece at the end of his shift.
Don't forget, you effectively live in a war zone.
Hekate
(90,848 posts)yagotme
(2,928 posts)Hekate
(90,848 posts)From young people dancing to folks in any house of worship praying and opening their hearts to the stranger in their midst. All of us just going about our lives.
There is a streak of madness and hate running through American culture, and I have lived long enough to watch it burst into poisonous bloom, every petal a bullet.
I have lived long enough to experience duck & cover drills growing up knowing that at least the Enemy was outside our borders. To watch the drills go away with the fall of the Soviet Union.
And I have lived long enough to watch us turn on ourselves, and to create an Enemy inside our borders, such that the smallest schoolchild is now taught active shooter drills which are no more protective than duck & cover, except that the Enemy is right here and right now, and schoolchildren from K - 12 are shredded to unrecognizability by weapons designed for use on the battlefield. Well need to use DNA to ID them all has become a thing.
Pogo was right all along. We have met the Enemy, and he is Us.
yagotme
(2,928 posts)I believe you would be surprised...
Hekate
(90,848 posts)Stand at the barricades of your gated community beating back the hordes? Until that day do you keep your arsenal locked in a special armory like a real state militia?
Or is it all ad hoc?
Nothing actually surprises me except this entire thread belongs in The Gungeon, not GD.
yagotme
(2,928 posts)Sometimes it's 4 or 5 guns, and a handful of magazines. Then they throw out some knives, ammo, you know, to make it look like a bigger deal. Perhaps we should first define the word "arsenal".
mzmolly
(51,007 posts)has led me to believe, there is no other option.
Demsrule86
(68,703 posts)not an individual. There is no nor should there be a right to gun ownership.
yagotme
(2,928 posts)(It's in 2 or 3 other amendments, too, so be careful.)
Demsrule86
(68,703 posts)not an individual. There is no nor should there be a right to gun ownership.
Hekate
(90,848 posts)NNadir
(33,564 posts)DUar17
(91 posts)It will be committing political suicide if they try to remove it, just like trying to cut S.S.
Yes I do believe the 2nd Ammendment is out of control and needs to be better control over who wants to purchase guns.
CTyankee
(63,912 posts)Initech
(100,107 posts)It's way past time to start infringing, because the gun nuts are abusing their privilege and getting people killed in large numbers needlessly on an almost daily basis.
pansypoo53219
(21,004 posts)TexasDem69
(1,850 posts)Instead of the internet to spread their opinions. Seems equivalent, right?
pansypoo53219
(21,004 posts)yagotme
(2,928 posts)pansypoo53219
(21,004 posts)yagotme
(2,928 posts)Modern devices just allow for a more rapid transit of it.
pansypoo53219
(21,004 posts)i will stick to PBS,NPR, + on this day.
jcgoldie
(11,652 posts).
Fla_Democrat
(2,547 posts)It has more legs than what I expected, but still....
Response to Stuart G (Original post)
Name removed Message auto-removed
Never happen for starters, what would be next??