US Supreme Court and 2nd Amendment

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Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: BrunoPuntzJones
Originally posted by: Excelsior
What a fuck-nut. The 2nd has nothing to do with hunting or "sports."

I'd agree with you, except that sentence has 'gun-owners' listed before sportsmen and hunters. Reading comprehension FTW?

Anytime anyone brings hunting into the second amendment they are skirting the intention. Looking t his past it's obvious what he is talking about. He's in favor of banning the sale and transfer of all semi-automatics.

... in those cities that democratically wish to do so. NOT as a nationwide ban.

And FFS, Bush and McCain bring up hunting when talking about the 2nd amendment.
 

ericlp

Diamond Member
Dec 24, 2000
6,137
225
106
According to the US - - Centers for Disease Control and Prevention (CDC) 30,000 or 80 per day killed by gun violence. What numbers do you have?

Assume much ???



 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: Zenmervolt
Originally posted by: ericlp
http://tinyurl.com/4c9v7t

Here is an interesting vid... Way to go Supreme court! Maybe we can have 100-200 gun deaths each day?

Won't that be fun? Maybe every little city will have a war zone street. You may consider bullet proof glass on your vehicles and opt to outfit your children with light armor for the school bus rides ... Yep. Prepare for it to get much worse before it gets any better.

Unfortunately, the numbers don't back you up. Legal firearms ownership in an area tends to drive the overall gun crime rate down. Areas with firearms bans have far higher crime and murder rates than areas that allow concealed and open carry.

ZV

Overall numbers, worldwide, show absolutely no correlation either way. There is quite literally no link between the legality of gun ownership and crime rates.
There is, however, substantial evidence linking poverty and crime, and the economy is currently tanking. Look at the big picture, lest you get played.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: ericlp
According to the US - - Centers for Disease Control and Prevention (CDC) 30,000 or 80 per day killed by gun violence. What numbers do you have?

Assume much ???

Your premise here requires that we assume that outlawing gun ownership would make gun violence go down. That's like saying that if we outlawed certain drugs, people would stop using them. And we all know how that's worked...
 
Feb 24, 2001
14,513
4
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Originally posted by: Vic
Originally posted by: BrunoPuntzJones
Originally posted by: Excelsior
What a fuck-nut. The 2nd has nothing to do with hunting or "sports."

I'd agree with you, except that sentence has 'gun-owners' listed before sportsmen and hunters. Reading comprehension FTW?

Anytime anyone brings hunting into the second amendment they are skirting the intention. Looking t his past it's obvious what he is talking about. He's in favor of banning the sale and transfer of all semi-automatics.

... in those cities that democratically wish to do so. NOT as a nationwide ban.

And FFS, Bush and McCain bring up hunting when talking about the 2nd amendment.

And are 10 pounds of shit stuffed in a 5 pound political suit as well.

Edit: That sounded a lot better in my head
 

brencat

Platinum Member
Feb 26, 2007
2,170
3
76
Originally posted by: JeffreyLebowski

BTW I will be buying a new gun today to Honor this historic day.

Now, what should I get???
+1

I think I'll buy 2 new guns to celebrate this historic day too -- the victory over the likes of anti-gun partisans craig234 and ericlp in this thread!

@Jeff -- Got the cash and need an idea? Say hello to my baby:

Sako TRG-22 .308
 

Zenmervolt

Elite member
Oct 22, 2000
24,514
44
91
Originally posted by: Vic
Originally posted by: Zenmervolt
Originally posted by: Vic
Newsflash, there is nothing within the body of the Constitution that prohibits the states from regulating guns. In the past, they chose not to do so because their militias were self-arming, i.e. the soldiers carried their own personal guns into battle, as opposed to having their guns provided to them by the state. Cities have a LONG history of banning guns, just watch most any western.

14th Amendment, section 1:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

There is a strong case to be made that the 2nd Amendment establishes a "privilege of the United States" and is thus covered by the 14th Amendment.

I am as sympathetic to the idea of States Rights as any man, but the idea that States Rights can be used to justify the denial of freedoms that are protected by the Bill of Rights is just not something I can square with.

Would you likewise stand behind States Rights if states wanted to repeal the freedom of religion? Or the freedom of speech? Or the freedom of the press?

ZV

Of course not. It has already been brought up in this thread that the 2nd is not covered by the 14th, and that precedent has the 2nd applying to the federal govt only.
I'd also like to note that, prior to (and even for many decades after) the passage of the 14th, States Rights meant exactly that. Some states did outlaw certain religions (Missouri outlawed Mormonism in 1838, for example), and many states let some of their citizens enslave other citizens.

Anyone who wants to get in their heads the idea that I am opposed to gun rights or this decision should look at the date of the OP and read back through the thread.

My point is not that I think you're against these rights. Rather that there should be some things that do override States' rights. States' rights are all well and good, but there are higher principles and the individual rights outlined in the Bill of Rights are perfect examples thereof.

ZV
 
Feb 24, 2001
14,513
4
81
Originally posted by: brencat
Originally posted by: JeffreyLebowski

BTW I will be buying a new gun today to Honor this historic day.

Now, what should I get???
+1

I think I'll buy 2 new guns to celebrate this historic day too -- the victory over the likes of anti-gun partisans craig234 and ericlp in this thread!

@Jeff -- Got the cash and need an idea? Say hello to my baby:

Sako TRG-22 .308

Put it to good use

Bought 2 today. Nothing to do with Heller, just was able to find my Visa card finally.
 

Zenmervolt

Elite member
Oct 22, 2000
24,514
44
91
Originally posted by: ericlp
According to the US - - Centers for Disease Control and Prevention (CDC) 30,000 or 80 per day killed by gun violence. What numbers do you have?

Assume much ???

Most of those are gang members or people directly involved in illegal activity. If you look only at accidents involving legally-owned firearms you'll see that the death rate is negligible. The CDC statistics are misleading and cannot be used as an example of issues stemming from legal firearms ownership.

Also, firearms are used 2,500,000 times each year to prevent crimes against people and property. In over 98% of all cases, the firearms are never even fired.

Studies also show that criminals are more afraid of an armed victim than they are of police.

You need to learn that there is a vast difference between legally-owned firearms and firearms use by criminals.

ZV
 

ericlp

Diamond Member
Dec 24, 2000
6,137
225
106
Originally posted by: Vic
Originally posted by: ericlp
According to the US - - Centers for Disease Control and Prevention (CDC) 30,000 or 80 per day killed by gun violence. What numbers do you have?

Assume much ???

Your premise here requires that we assume that outlawing gun ownership would make gun violence go down. That's like saying that if we outlawed certain drugs, people would stop using them. And we all know how that's worked...

well, this was response to the video that already had Gun Restrictions in place. You know the cities that have 3-400 gun deaths per year. I am not saying we should ban gun ownership but we should let DC and other cities like LA control guns where gun crime numbers are at the peak.

As for Drugs and Guns, funny how they go hand in hand eh? Just quoting the facts. The numbers are too high. How much you want to bet the numbers get higher?

 

Zenmervolt

Elite member
Oct 22, 2000
24,514
44
91
Originally posted by: Vic
Originally posted by: Zenmervolt
Originally posted by: ericlp
http://tinyurl.com/4c9v7t

Here is an interesting vid... Way to go Supreme court! Maybe we can have 100-200 gun deaths each day?

Won't that be fun? Maybe every little city will have a war zone street. You may consider bullet proof glass on your vehicles and opt to outfit your children with light armor for the school bus rides ... Yep. Prepare for it to get much worse before it gets any better.

Unfortunately, the numbers don't back you up. Legal firearms ownership in an area tends to drive the overall gun crime rate down. Areas with firearms bans have far higher crime and murder rates than areas that allow concealed and open carry.

ZV

Overall numbers, worldwide, show absolutely no correlation either way. There is quite literally no link between the legality of gun ownership and crime rates.
There is, however, substantial evidence linking poverty and crime, and the economy is currently tanking. Look at the big picture, lest you get played.

Worldwide numbers fail to take into account cultural differences. The US is not the entire world. The only valid numbers in this discussion are those pertaining solely to the US; and those numbers support the position that an increase in legal firearms ownership reduces the instances of violent crime.

ZV
 

ericlp

Diamond Member
Dec 24, 2000
6,137
225
106
Originally posted by: Zenmervolt
Originally posted by: ericlp
According to the US - - Centers for Disease Control and Prevention (CDC) 30,000 or 80 per day killed by gun violence. What numbers do you have?

Assume much ???

Most of those are gang members or people directly involved in illegal activity. If you look only at accidents involving legally-owned firearms you'll see that the death rate is negligible. The CDC statistics are misleading and cannot be used as an example of issues stemming from legal firearms ownership.

Also, firearms are used 2,500,000 times each year to prevent crimes against people and property. In over 98% of all cases, the firearms are never even fired.

Studies also show that criminals are more afraid of an armed victim than they are of police.

You need to learn that there is a vast difference between legally-owned firearms and firearms use by criminals.

ZV

Links? Proof?

Other wise your just talking out of your ass and your shit is beginning to smell...

You need to learn that cities should be able to have a say what can and can not go on in their cities ... It's very obvious that you don't live in a war zone or a city that has a lot of gun violence ... What about these people that got to put up with the BS daily. Maybe it will come to a city near you then your'll be singing a different tune...


 

Pliablemoose

Lifer
Oct 11, 1999
25,195
0
56
The supremes have family & friends that live/work in DC, the ban was stupid and nearly unenforceable, and made criminals out of normally law abiding citizens.
 

ericlp

Diamond Member
Dec 24, 2000
6,137
225
106
Originally posted by: Pliablemoose
The supremes have family & friends that live/work in DC, the ban was stupid and nearly unenforceable, and made criminals out of normally law abiding citizens.

Apparently law officers didn't think it was too stupid...

I'd take their word over friends and family any day. Again, Links... Proof... Sounds like a line of shit to me...

Oh well...

 

Zenmervolt

Elite member
Oct 22, 2000
24,514
44
91
Originally posted by: ericlp
Originally posted by: Zenmervolt
Originally posted by: ericlp
According to the US - - Centers for Disease Control and Prevention (CDC) 30,000 or 80 per day killed by gun violence. What numbers do you have?

Assume much ???

Most of those are gang members or people directly involved in illegal activity. If you look only at accidents involving legally-owned firearms you'll see that the death rate is negligible. The CDC statistics are misleading and cannot be used as an example of issues stemming from legal firearms ownership.

Also, firearms are used 2,500,000 times each year to prevent crimes against people and property. In over 98% of all cases, the firearms are never even fired.

Studies also show that criminals are more afraid of an armed victim than they are of police.

You need to learn that there is a vast difference between legally-owned firearms and firearms use by criminals.

ZV

Links? Proof?

Other wise your just talking out of your ass and your shit is beginning to smell...

You need to learn that cities should be able to have a say what can and can not go on in their cities ... It's very obvious that you don't live in a war zone or a city that has a lot of gun violence ... What about these people that got to put up with the BS daily. Maybe it will come to a city near you then your'll be singing a different tune...

http://gunfacts.info/pdfs/gun-...GunFacts5-0-screen.pdf

All the proof and links you'll need. Not that you'll actually bother to verify any of it since it disagrees with your delusions.

ZV
 

manowar821

Diamond Member
Mar 1, 2007
6,063
0
0
Sounds like some despots are hard at work, to me. I dare them to attempt taking the peoples guns away.
 

ElMonoDelMar

Golden Member
Apr 29, 2004
1,163
338
136
Originally posted by: ericlp
Originally posted by: Pliablemoose
The supremes have family & friends that live/work in DC, the ban was stupid and nearly unenforceable, and made criminals out of normally law abiding citizens.

Apparently law officers didn't think it was too stupid...

I'd take their word over friends and family any day. Again, Links... Proof... Sounds like a line of shit to me...

Oh well...

You know what the beautiful thing about a right is? We don't have to justify it to anyone including you.
 

adairusmc

Diamond Member
Jul 24, 2006
7,095
78
91
Originally posted by: ElMonoDelMar
Originally posted by: ericlp
Originally posted by: Pliablemoose
The supremes have family & friends that live/work in DC, the ban was stupid and nearly unenforceable, and made criminals out of normally law abiding citizens.

Apparently law officers didn't think it was too stupid...

I'd take their word over friends and family any day. Again, Links... Proof... Sounds like a line of shit to me...

Oh well...

You know what the beautiful thing about a right is? We don't have to justify it to anyone including you.

:thumbsup:
 

ericlp

Diamond Member
Dec 24, 2000
6,137
225
106
Originally posted by: Zenmervolt
Originally posted by: ericlp
Originally posted by: Zenmervolt
Originally posted by: ericlp
According to the US - - Centers for Disease Control and Prevention (CDC) 30,000 or 80 per day killed by gun violence. What numbers do you have?

Assume much ???

Most of those are gang members or people directly involved in illegal activity. If you look only at accidents involving legally-owned firearms you'll see that the death rate is negligible. The CDC statistics are misleading and cannot be used as an example of issues stemming from legal firearms ownership.

Also, firearms are used 2,500,000 times each year to prevent crimes against people and property. In over 98% of all cases, the firearms are never even fired.

Studies also show that criminals are more afraid of an armed victim than they are of police.

You need to learn that there is a vast difference between legally-owned firearms and firearms use by criminals.

ZV

Links? Proof?

Other wise your just talking out of your ass and your shit is beginning to smell...

You need to learn that cities should be able to have a say what can and can not go on in their cities ... It's very obvious that you don't live in a war zone or a city that has a lot of gun violence ... What about these people that got to put up with the BS daily. Maybe it will come to a city near you then your'll be singing a different tune...

http://gunfacts.info/pdfs/gun-...GunFacts5-0-screen.pdf

All the proof and links you'll need. Not that you'll actually bother to verify any of it since it disagrees with your delusions.

ZV

Here is a good one...

POLICE AND GUNS
Myth: Police favor gun control
Fact: 94% of law enforcement officials believe that citizens should be able to purchase firearms for self-defense and sporting purposes.

Since when is a firearm only a gun? I'm sure most cops would tell you to buy a shotgun not a hand gun for self defense ... That's a bit miss leading. Your source is full of holes...

Mean while the chief of police in California quotes "The insanity continues ... "
 

ElMonoDelMar

Golden Member
Apr 29, 2004
1,163
338
136
Originally posted by: ericlp
Since when is a firearm only a gun? I'm sure most cops would tell you to buy a shotgun not a hand gun for self defense ... That's a bit miss leading. Your source is full of holes...

I've already posted this once in this thread, but who the hell are you to presume that you know what's best for each person in a self-defense situation?

On an un-related note: the hilarity.

 

ericlp

Diamond Member
Dec 24, 2000
6,137
225
106
Originally posted by: ElMonoDelMar
Originally posted by: ericlp
Since when is a firearm only a gun? I'm sure most cops would tell you to buy a shotgun not a hand gun for self defense ... That's a bit miss leading. Your source is full of holes...

I've already posted this once in this thread, but who the hell are you to presume that you know what's best for each person in a self-defense situation?

On an un-related note: the hilarity.

Don't worry sparky... I know your all for violence no one is going to take your toys away. It will be interesting to see the numbers in the following years. I own a few shotguns and S&W in a gun safes just in case it gets really bad. Tho, I'd gladly give it up if I lived in a high gun death city that passed a state law that banned the hand guns. If they asked me to give up my shot guns I'd have an issue with that.

 

Lemon law

Lifer
Nov 6, 2005
20,984
3
0
I got the following snippet from yahoo news, and it somewhat puzzles me. I number the paragraphs 1,2,3

1. The court had not conclusively interpreted the Second Amendment since its ratification in 1791. The 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."

2. The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia, a once-vital, now-archaic grouping of citizens. That's been the heart of the gun control debate for decades.

3. Writing for the majority, Justice Antonin Scalia said an individual right to bear arms exists and is supported by "the historical narrative" both before and after the Second Amendment was adopted.

And will respond on paragraphs 1,2,3

1. The bill of rights to the constitution, specifically this second amendment issue on the rights to be bear arms, is vague in the extreme. Examine the very sentence---"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." The very sentence starts out mumbling about a militia, which implies not an individual, but rather a collection of organized individuals which also implies a larger State of the Union. Surely there is no logic in deciding a collection of thugs like the mafia should enjoy a constitutional right although they would meet that definition of a militia. And then ends with the people which may be individuals or may be the individual States have a right to bear arms to oppose the the force of a larger Federal government in the case of an Individual State of the union or other armed individuals in the case of an individual person. Maybe leaving somewhat hanging the issue of if, for example, the State of New Jersey has a right to seize guns from the other wise innocent but still cold dead fingers of its resisting citizens should that State outlaw individual gun ownership and declare it a State monopoly. Even if the larger Federal government does not have that constitutional right.

As long as I have been alive, that is where the issue has hung. I am not enough of a constitutional scholar to know if this is merely a 20'th century argument, or how far back in American history it goes. But its far too late to ask the last living framer of the constitution what they meant, they have been pushing up daisies long before any of us were born.

2. Examine proposition #2.--------The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia, a once-vital, now-archaic grouping of citizens. That's been the heart of the gun control debate for decades.

While I hardly can conceive of a State of the Union being a now archaic group, prior to the civil war, many people tied their loyalties to their individual States rather than to the larger Federal Government. And that now current Federal dominance was won on the fields of battle, rather than through any constitutional process, the issue of States of the Union is still not a moot point.

3. Examine the reasoning of Scalia, somewhat of a self avowed strict constructionist, but a legal whore IMHO----Justice Antonin Scalia said an individual right to bear arms exists and is supported by "the historical narrative" both before and after the Second Amendment was adopted.

Which basically means Scalia is admitting that an individuals right to bear arms has little to do with the second amendment itself or the constitution itself. But rather may be referring to an inalienable human right perhaps enshrined in English common law best summed as "My home is my castle."

And if that is the sense of the court to be taken from this ruling, an individual has an absolute right to make his home into an armory, and the next legal battle ground may well become, what right does an individual have to transport his gun from inside the confines of his castle and into a larger world?
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: ericlp
Here is a good one...

POLICE AND GUNS
Myth: Police favor gun control
Fact: 94% of law enforcement officials believe that citizens should be able to purchase firearms for self-defense and sporting purposes.

Since when is a firearm only a gun? I'm sure most cops would tell you to buy a shotgun not a hand gun for self defense ... That's a bit miss leading. Your source is full of holes...

Mean while the chief of police in California quotes "The insanity continues ... "

Most cops are STRONGLY pro-2nd amendment. They're usually right up there with the military guys in that regard.
 

railer

Golden Member
Apr 15, 2000
1,552
69
91
Originally posted by: ahurtt
When the constitution was written, the most dangerous thing people had were probably muskets and muzzle-loaders. Not full/semi automatic assault rifles with laser scopes and 30 round clips of ammunition that you could use to mow down dozens of people in short order. The founding fathers couldn't have conceived of such a thing. Now if you want to go out and buy and carry around a 200 year-old muzzle loading musket, nobody should be allowed under the constitution to stop you. But get real. . .times have changed, weapons have changed. There definitely needs to be a line drawn to delineate what is needed and allowed for home and personal defense and what is clearly offensive assault weaponry. Should people be allowed guns? Yes. Absolutely. Any gun they want? Absolutely no way in hell.


The bigger problem is....people have changed. Give me the people of the 1700's, arm them all to the teeth with today's weapons, and I'd feel safe and happy. Have you walked around your local walmart lately, and looked at the people? Do you really want 2/3's of them to have guns? I don't. Neither, I'm sure, do must NRA-kooks. The problem is, how do you keep guns out of the hands of the thugs and gang bangers, and keep them in the hands of the scared white folks that need them? Probably the best course of action, is to let virtually anyone have a gun, and when the thugs shoot people (and they will), incarcarate them for life, and have a couple of million people out of the US populaiton sitting in jails for the rest of their lives.

That's the sad reality. I don't see a way around it.
 
May 16, 2000
13,522
0
0
Originally posted by: ericlp
Originally posted by: Zenmervolt
Originally posted by: ericlp
According to the US - - Centers for Disease Control and Prevention (CDC) 30,000 or 80 per day killed by gun violence. What numbers do you have?

Assume much ???

Most of those are gang members or people directly involved in illegal activity. If you look only at accidents involving legally-owned firearms you'll see that the death rate is negligible. The CDC statistics are misleading and cannot be used as an example of issues stemming from legal firearms ownership.

Also, firearms are used 2,500,000 times each year to prevent crimes against people and property. In over 98% of all cases, the firearms are never even fired.

Studies also show that criminals are more afraid of an armed victim than they are of police.

You need to learn that there is a vast difference between legally-owned firearms and firearms use by criminals.

ZV

Links? Proof?

Other wise your just talking out of your ass and your shit is beginning to smell...

You need to learn that cities should be able to have a say what can and can not go on in their cities ... It's very obvious that you don't live in a war zone or a city that has a lot of gun violence ... What about these people that got to put up with the BS daily. Maybe it will come to a city near you then your'll be singing a different tune...

He's citing Kleck. If you don't like Kleck you can find your own, but every study supports at least an order of magnitude more defensive gun uses than negative gun uses. It's pretty much impossible to argue fewer than 300k, though a small portion attempt to cling to 130k.

The other points in his post are from various academic studies as well. They are largely unrefuted.