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I want a gun with some... (Original Post) discntnt_irny_srcsm Dec 2015 OP
I think we have to distinguish between upaloopa Dec 2015 #1
I certainly can't fault you for that. discntnt_irny_srcsm Dec 2015 #2
These are the weapons the Framers had in mind when COLGATE4 Dec 2015 #3
The framers never conceived the Internet. JonathanRackham Dec 2015 #4
OK. So? COLGATE4 Dec 2015 #7
Those rifles can also be looked upon as... Lizzie Poppet Dec 2015 #5
Yep. State of the art for 1787 COLGATE4 Dec 2015 #8
same as that printing press Duckhunter935 Dec 2015 #11
But no assault quill pens! friendly_iconoclast Dec 2015 #14
or high-capacity inkwells. nt branford Dec 2015 #19
No one needs more than ten fluid drams of ink! friendly_iconoclast Dec 2015 #20
No not "state of the art" for that time period. oneshooter Dec 2015 #39
you'll notice that no incarnation, version or derivation... discntnt_irny_srcsm Dec 2015 #6
Just as the only words protected by the 1st amendment Big_Mike Dec 2015 #10
yes they do indeed Duckhunter935 Dec 2015 #12
Really silly comparison. Those abound. COLGATE4 Dec 2015 #13
You want one amendment to be 'locked in time'-but not the rest... friendly_iconoclast Dec 2015 #16
The only purpose of the Second Amendment was COLGATE4 Dec 2015 #17
Then get it repealed. The means to do so exists, finding enough votes to do so is up to you: friendly_iconoclast Dec 2015 #18
Not necessary. Hopefully with a Democratic victory COLGATE4 Dec 2015 #23
You mean just like this Conservative court has reversed the ACA and Roe v Wade? DonP Dec 2015 #24
These things take time. Don't for second bet that Roe v Wade COLGATE4 Dec 2015 #25
I hope you're working on the party platform and the White House too DonP Dec 2015 #26
Our party leaders, including the President are no more immune COLGATE4 Dec 2015 #27
What happens if Congress and/or individual states don't go along? Roe v Wade is being eroded as we.. friendly_iconoclast Dec 2015 #30
I'm no lawyer, so I don't know how many unanimous opinions are overturned Big_Mike Dec 2015 #31
This wasn't a unanimous decision. Stevens in his dissent makes it clear that COLGATE4 Dec 2015 #33
I would say that the only Presidents who did not overreach in recent times Big_Mike Dec 2015 #34
Both Justice Stevens and Justice Breyer explicitly state that it is an individual right Big_Mike Dec 2015 #35
big mike spreads misinformation jimmy the one Dec 2015 #36
I reiterate - I am not a lawyer. I have never been trained to think legalistically. I only repeat Big_Mike Dec 2015 #38
Interesting article about it here COLGATE4 Dec 2015 #37
So since the Russians have AK's do the framers still want us to use Muzzleloaders? ileus Dec 2015 #21
Absolutely unassailable arguments whose clarity is COLGATE4 Dec 2015 #22
Do you think the framers were stupid? Travis_0004 Dec 2015 #29
Has the organization you believe is the current "well regulated militia"... discntnt_irny_srcsm Dec 2015 #40
I've always enjoyed firing black powder weapons. MohRokTah Dec 2015 #9
Agreed-they are noisy, smokey, and a pain in the ass to clean and maintain-but fun friendly_iconoclast Dec 2015 #15
I have all 6 of those all in good working order... Historic NY Dec 2015 #28
~~~ discntnt_irny_srcsm Dec 2015 #32

upaloopa

(11,417 posts)
1. I think we have to distinguish between
Mon Dec 7, 2015, 02:59 PM
Dec 2015

Antique guns and hunting rifles and pistols and guns use solely for target shooting.
Not being an expert I won't answer gun lore questions

Big_Mike

(509 posts)
10. Just as the only words protected by the 1st amendment
Mon Dec 7, 2015, 06:40 PM
Dec 2015

are those printed on broadsheets or in books and letters, or spoken only within the range of the speaker's voice.

Dumb shit analogies abound, don't they.

COLGATE4

(14,840 posts)
17. The only purpose of the Second Amendment was
Mon Dec 7, 2015, 09:04 PM
Dec 2015

specific to the need for having a well regulated Militia. Since we have long passed that stage with national armed forces in place of citizen militias its relevance has also passed.

 

friendly_iconoclast

(15,333 posts)
18. Then get it repealed. The means to do so exists, finding enough votes to do so is up to you:
Mon Dec 7, 2015, 09:11 PM
Dec 2015
http://www.archives.gov/federal-register/constitution/article-v.html

Article V

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

COLGATE4

(14,840 posts)
23. Not necessary. Hopefully with a Democratic victory
Mon Dec 7, 2015, 11:29 PM
Dec 2015

in 2016 and a shift in the Supreme Court shortly thereafter Heller will be reversed and the correct understanding that the 2A never was meant to create an individual right to own firearms will be reinstated.

 

DonP

(6,185 posts)
24. You mean just like this Conservative court has reversed the ACA and Roe v Wade?
Mon Dec 7, 2015, 11:52 PM
Dec 2015

You'll have noticed that they haven't reversed either, when they've had the chance?

Regardless of the make up of SCOTUS, they rarely revisit a decision and reverse it. Certainly not in their own or your lifetimes.

But I absolutely understand why gun control supporters support that idea.

No real work for them and they tend to be not terribly involved beyond online Poutrage. They don't really ever reach for their checkbooks, or spend their vacation time meeting with legislators and lobbying for what they "believe in". No grass roots movement, no infrastructure, even after 20 years and $50 million of racist pig Bloomberg's money to back them.

By hoping for a SCOTUS reversal they don't have to do any of the heavy lifting and can always hope for the best and still have something to whine about when it doesn't come to pass.

And if all else fails, just keep blaming that evil/wicked/reich wing NRA instead of having a piss poor, ineffective excuse for a "movement".

COLGATE4

(14,840 posts)
25. These things take time. Don't for second bet that Roe v Wade
Tue Dec 8, 2015, 12:02 AM
Dec 2015

is settled law. In fact, it's hanging on a by a thread right now. By the same token, there is a new and serious challenge to the ACA working its way up to the Supremes right now which looks like it could do real damage. Hard to tell if Roberts is willing to take all the heat a second time - my guess is that he is not. And you are also completely mischaracterizing my opinion. My objection is not based on any devotion to 'gun control' or to 'no gun control', but is rather on my professional opinion that Heller was a fundamentally flawed decision.

 

DonP

(6,185 posts)
26. I hope you're working on the party platform and the White House too
Tue Dec 8, 2015, 12:05 AM
Dec 2015

Both have stated that there is an individual right to bear arms, without regard to militia service.

At least that's what the 2012 platform says.

COLGATE4

(14,840 posts)
27. Our party leaders, including the President are no more immune
Tue Dec 8, 2015, 12:15 AM
Dec 2015

from sticking their fingers in the wind at election time than anyone else so I don't place a whole lot of credence on the durability of those 'opinions'. In any event, it's not up to party platforms or even the President. The whole thing will, just as in other contentious issues, will be decided by the Supreme Court. And it's my belief that Heller is one of the bad decisions this court has taken that may well be changed (if not outright reversed) by a future court.

 

friendly_iconoclast

(15,333 posts)
30. What happens if Congress and/or individual states don't go along? Roe v Wade is being eroded as we..
Tue Dec 8, 2015, 03:05 AM
Dec 2015

...speak.

Do you honestly believe that you can make bans stick in red states?

Big_Mike

(509 posts)
31. I'm no lawyer, so I don't know how many unanimous opinions are overturned
Tue Dec 8, 2015, 05:17 AM
Dec 2015

But is plainly stated in the Dissent that in a 9-0 vote, ALL the Justices believe that the 2nd Amendment is an Individual right. I would tend to believe Marbury vs. Madison will be overturned first, given recent and current executive overreach!

COLGATE4

(14,840 posts)
33. This wasn't a unanimous decision. Stevens in his dissent makes it clear that
Tue Dec 8, 2015, 12:37 PM
Dec 2015

it is an individual right only insofar as it relates to having and keeping arms for military (i.e. militia) purposes. A 5-4 decision with two dissents - fertile ground for changes to it in the future. BTW do you really believe that the President is "overreaching"?

Big_Mike

(509 posts)
34. I would say that the only Presidents who did not overreach in recent times
Thu Dec 10, 2015, 06:02 AM
Dec 2015

Jimmy Carter and George H. W. Bush. Ronald Reagan with his PATCO strikebreaking, Bill Clinton with the excessive use of recess appointments, George W. Bush on NSA spying and executive orders, and Barak Obama with the recess appointments and also executive orders.

The Constitution sets out the checks and balances of our government. As originally envisaged, the Legislative Branch was the strongest of the 3 branches, now it is the Executive. If we want the Executive to have more power, we need to pass laws to that effect, and not through power grabbing efforts of the Chief Executive.

Big_Mike

(509 posts)
35. Both Justice Stevens and Justice Breyer explicitly state that it is an individual right
Thu Dec 10, 2015, 06:31 AM
Dec 2015

On Page 1 of his dissent, Justice Stevens states:

The question presented by this case is not whether the Second Amendment protects a “collective right” or an “individual right.” Surely it protects a right that can be enforced by individuals.


While in Section II, essentially on Page 3 of his dissent, Justice Breyer states:

In interpreting and applying this Amendment, I take as a starting point the following four propositions, based on our precedent and today’s opinions, to which I believe the entire Court subscribes: (emphasis added)
(1) The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately
enforced, by each person on whom it is conferred. See, e.g., ante, at 22 (opinion of the Court); ante, at 1 (STEVENS,J., dissenting).


I will note that none of the Justices disagreed with the status of the right as stated by Justice Breyer. Additionally, how do you reconcile your statement regarding "individual right only insofar as it relates to having and keeping arms for the military (i.e (sic) purposes." with Justice Breyer's statement above.

Given these facts, as I stated before, I don't see a 9-0 conclusion being overturned.

jimmy the one

(2,717 posts)
36. big mike spreads misinformation
Thu Dec 10, 2015, 01:01 PM
Dec 2015

big mike: Both Justice Stevens and Justice Breyer explicitly state that it is an individual right

No they don't, you post baloney from 2nd amendment mythology.

big mike: While in Section II, essentially on Page 3 of his dissent, Justice Breyer states:
In interpreting and applying this Amendment, I take as a starting point the following four propositions, based on our precedent and today’s opinions, to which I believe the entire Court subscribes: (emphasis added)
(1) The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred. (STEVENS,J., dissenting).


To try to hoodwink readers that heller was 9-0 for an individual rkba interpretation demonstrates either a deceptive nature, or your misconception of what was actually written.
Big mike cites simply ONE of the 4 interpretations of 2ndA which exist today & noted by breyer, then misleads by leaving off the other 3 considerations, thus misleading that breyer was actually an individual rkba adherent:

Justice breyer in fuller context shows big mike for a charlatan: In interpreting and applying this Amendment, I take as a starting point the following four propositions, based on our precedent and today’s opinions, to which I believe the entire Court subscribes:
(Proposition) (1) The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred;
(2) As evidenced by its preamble, the Amendment was adopted “with obvious purpose to assure the continuation and render possible the effectiveness of forces.” United States v. Miller,(1939);
(3) The Amendment “must be interpreted and applied with that end in view.” Miller..
(4) The right protected by the Second Amendment is not absolute, but instead is subject to government regulation. Robertson v. Baldwin, (1897).


Yes, those are the 4 possible constructions & rulings today which 2ndA has morphed into. Note how big mike only mentioned proposition 1 which is individual rkba friendly.
But Breyer was NOT contending he, nor the 'entire court' of 9 justices, considered 2ndA an individual right.
Justice Breyer, in proposition 1 above, was simply noting that the 2ndA when considered AS an individual right was ONE of the several 2ndA interpretations which exist.
Two other propositions breyer noted (2 & 3), described that the collective/militia interpretation also existed. These 4 propositions are what justice breyer meant when he said 'all justices could agree with' existed, and thus formed the basis for further debate.
In proposition 1, breyer was simply defining what the individual right was, note his usage of i.e. which means roughly 'in example': The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred; - this then became the basis for court discussion whether the 2ndA did indeed confer an individual right. But breyer was not contending propostion 1 was what the dissent adhered to.
http://www.democraticunderground.com/?com=view_post&forum=1172&pid=117174

Big_Mike

(509 posts)
38. I reiterate - I am not a lawyer. I have never been trained to think legalistically. I only repeat
Fri Dec 11, 2015, 05:22 PM
Dec 2015

what I read in black and white. But when I see two statements, neither of which are in the subjunctive tense, state the same position, I interpret that to mean that the authors mean exactly what they say.

As far as paras 2, 3, & 4, those paragraphs were superfluous, at least in my eyes, to the individual right argument.

COLGATE4

(14,840 posts)
37. Interesting article about it here
Thu Dec 10, 2015, 06:17 PM
Dec 2015

But understandably, given the gun violence that has convulsed the country in recent days and weeks, much more is being said than that, much of it imputing a rationale to the seven justices who had, in fact, remained silent. “Have the justices gone gun-shy?” was the irresistible headline in The Atlantic. “Finally, Some Sanity!” proclaimed The Daily News in New York.


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Implicit in a good deal of the commentary is the hope that one or more of the justices who signed on to Justice Scalia’s strained reading of history seven years ago in District of Columbia v. Heller are reacting to the country’s bullet-ridden landscape by showing symptoms of buyer’s remorse. Heller was the 2008 decision that for the first time interpreted the Second Amendment as protecting an individual’s right to “keep and bear arms,” specifically to keep a handgun at home. In addition to Justice Thomas, the others in Justice Scalia’s 5-to-4 majority were Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy and Samuel A. Alito Jr.
http://www.nytimes.com/2015/12/10/opinion/guns-and-thunder-on-the-supreme-courts-right.html?

ileus

(15,396 posts)
21. So since the Russians have AK's do the framers still want us to use Muzzleloaders?
Mon Dec 7, 2015, 10:46 PM
Dec 2015

Where do people get the stupid idea that everything was supposed to freeze in place after the paper work was signed?


Do the framers not want news transmitted over the Air?


Would they expect a citizen milita to go up against invading Army's with AK 47's?


Would you be happy trying to put down a rebellion with flintlocks?

WTFF.

 

Travis_0004

(5,417 posts)
29. Do you think the framers were stupid?
Tue Dec 8, 2015, 01:17 AM
Dec 2015

They said "yup, nothing will ever be invented ever again".

They realized there would be changes. They knew they could not anticipate every possible change, so they included a way to repeal and change the constitution.

Also, the first 20 round magazine existed about 10 years before the bill of rights. It was used by lewis and clark a few years later.

If you dont like the second amendment, go gather some petitions and start work on getting it repealed.

discntnt_irny_srcsm

(18,577 posts)
40. Has the organization you believe is the current "well regulated militia"...
Wed Dec 16, 2015, 10:39 AM
Dec 2015

...moved beyond these types of arms?

 

MohRokTah

(15,429 posts)
9. I've always enjoyed firing black powder weapons.
Mon Dec 7, 2015, 06:22 PM
Dec 2015

Front flintlocks to 1858 Army Revolver replicas, it's all great fun.

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