The "Hawaiian woman" being stalked is less likely to be killed with a gun in Hawaii, because their are very few guns in the islands.
Ok, I concede that as fact, based on your knowledge of the state. But that was not the point. You wanted to hear an explanation of a gun rights proponent's reasoning and rationale in a calm, collected, and convincing way without resorting to questionable (at least in the minds of many) "facts." I attempted to provide you with a hypothetical Hawaiian who could provide such an argument. Her arguments would be 1) I need to protect myself and my family from a clear and present danger and 2) there is no rational reason to prevent me from carrying a firearm to protect myself and my family, statistically speaking.
Furthermore, the woman's need for a gun to protect her children and herself from her (on average) bigger, stronger and faster husband has nothing whatsoever with whether or not he is armed. She needs a gun because he carries at all times weapons capable of easily killing her children or her--at the end of his arms and legs. In Hawaii's present legal structure, a criminally aggressive ex-husband or spurned boyfriend has the legal assurance that he can safely assault, torture, abduct, maim or kill her and her children at will. That the police MAY catch him later is his only concern. And restraining orders are an obscene joke; I will be impressed by them when they are used (as the exclusive protective measure) by judges, politicians, presidents, and people like former mayor Guilliani's mistress. Actually, they won't even impress me then.
I have never argued for restricting anyone's legitimate rights.
I think you are assuming your conclusion--you are assuming as a premise that "bearing arms" in public is not "legitimate." Or at least that's how I read this.
For what it's worth, I have been in a "mixed race" marriage for over 50 years, but I have never really thought of it that way.
I didn't doubt that we were on the same side of that issue. That is precisely why I used it as an analogy.
The very vague wording of 2A (as recognized by various legal scholars) does not speak specifically to the right to "bear arms" in public, and that application of the RKBA has always been controversial.
Who are these various legal scholars? Are they advocates for gun control? Have they
always been advocates for gun control? Find me one imminent scholar who, having believed in gun right has changed his or her mind upon examination of the evidence. Find me one imminent historian who has changed his mind similarly.
The very vague wording of 2A (as recognized by various legal scholars) does not speak specifically to the right to "bear arms" in public, and that application of the RKBA has always been controversial.
I believe you are misinformed. The first time the Supreme Court mentioned the Second Amendment, it called it a "right of person" and spoke of the right of citizens to keep and bear arms wherever they went in any state of the union. That was not a controversial interpretation a few years after the ratification. And while the Second Amendment may seem awkward in its wording to modern American ears, it was not so at the time.
The assumption that those who would question the claim that there is an "absolute Constitutional right" to carry in public by the general populace are somehow "against civil freedoms" is a flawed argument on many levels.
That would indeed be a flawed argument if anyone made it. It is customary in debates on gun policy to resort to such arguments. I don't attribute it to dishonesty in your case--I think it's an unfortunate reflex. Of course there are no "absolute Constitutional rights" including speech. So while I still assume you are arguing from an honest position, I haven't always so assumed:
..."More than two hundred years" after its ratification, you {Obama} write, "we continue to argue about… whether the Second Amendment prohibits all gun regulations…."{1}
Only in the sense that we still debate the earth's shape. Sure, someone somewhere supports Charles Manson's right to a machine gun, toddlers' rights to derringers, and New Yorkers' right to hunt squirrels in Central Park. But that hardly seems relevant to America's debate.
Your words saddened me, implying that you respect neither the Second Amendment nor the intelligence of those who do. Sure enough, on page 215 the other shoe dropped—you "believe in keeping guns out of our inner cities, and that our leaders must say so in the face of the gun manufacturers' lobby."{2}
Source: obamaonsecond.com
Now, having said all of that, I agree with you for the most part. There is absolutely no evidence that there is a correlation of any measurable degree between crime rates and legal gun ownership. You are correct that the SCOTUS did not "enforce" certain provisions of the Bill of Rights for decades, but then again it is not their purview to "enforce" the law -- only to interpret it.
Yes, I understand separation of powers. I simply meant that they did not declare the infringements unconstitutional.
And lastly, I totally agree with you that, "The restriction, constriction or regulation of rights needs justification. Rights themselves are self-evidently good." Under that reasoning, I believe what we are attempting to arrive at, is an agreement on what constitutes "justification" on BOTH sides of the public carry issue.
I think we are talking past each other somehow. Both sides don't need justification; only the side that wants to keep that mother from carrying a weapon needs to justify its position. That was the point I was making.
Unfortunately for the side that wants to keep that sane, adult, trained non-felon from carrying a weapon, there is no evidence--no real world statistical evidence from states that have allowed such persons to carry guns--to indicate a net loss to society. Having no justification for the restriction and freedom being the default, Hawaii should fold.
I believe that even Justice Scalia recognized that need for further clarification when he included the following in his closing remarks in the Heller decision...
I don't believe in absolute rights, outside of thought, constitutional or otherwise. So yes, the contours of the right need to be carefully defined. ALL rights must be balanced; that woman may have a right to keep and carry arms in every state of the union, but she cannot carry them in a way that directly threatens others. For instance, the state is perfectly within its legitimate powers to prevent her carrying an unholstered gun with her finger on the trigger so that she carelessly paints people in the mall. They can obviously forbid gun designs that are subject to firing when dropped or that will explode when properly maintained and used.
And finally, the "because I have the Constitutional right to..." argument has never been an effective defense against the justified regulation, or restriction, of certain enumerated rights.
True, of course. I cannot use free speech as a defense against ordering a hit or conning widows. I cannot use freedom of association as a defense against a charge of sheltering and aiding terrorists. My freedom of religion is no defense against my practice of human sacrifice. And I cannot use my right to bear arms as a defense against carrying them into your house against your will, or as a justification for sweeping a crowd with a rifle.