PubliusInfinitum
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- Aug 18, 2008
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- #161
I admit that I am a liberal, but on the gun thing it’s not the place of the government to limit a law abiding citizen’s right to own a firearm.
My solution would be through personal responsibility on the part of the individuals owning guns, individuals using guns in the commission of a crime and the individuals selling guns.
For example, if you are a private individual that has your gun stolen you are now civilly (if not criminally) liable for the harms caused by that firearm due to your failure to adequately protect the public from the exercise of your 2nd amendment right. The individual still has the right to purchase the gun. There would be a presumption of negligence that the gun owner would need to overcome and we would apply a strict liability standard, just as we do to people in auto accidents, for harms caused by the firearm.
Similarly, if you are a retailer of firearms, in the event that a firearm is sold without the appropriate documentation or stolen, then civil liability for all harms caused by the firearm would be the responsibility of the seller, once again there would be a rebuttable presumption of negligence.
Indeed, the right to defend one's life, through the ownership and use of a fire arms does come with a sacred responsibility... the weight of which is substantial and which I believe is at the root of the problem.
But your argument is intentionally taking the responsibility to the absurd... which is conclusively established down the thread where you speak to the 'presumption of negligence.'
As another member has since pointed out, your rationalization turns US Jurisprudence upon its head, declaring that where a firearm is stolen and used in a crime, you want to project responsibility for that crime upon the gun owner, the RIGHTFUL CITIZEN, from whom the FIREARM WAS STOLEN.
Where there is a 'Presumption of Negligence' there can be no justice... as there is no potential for equity in the prosecution of Justice. The State is vastly more powerful than the individual, its resources incomparable to those of any citizen... Where the popular consensus turns to the State position being the presumptive truth, Equality is out the cultural window... and this argument represents such as is nearly always the case where left-think enters a calculation. Here we find the State coming to claim certain knowledge, based purely upon the occasion of circumstances, that the gun owner was negligent; thus the criminal that COMMITTED A CRIME, IN BURGLARIZING A DWELLING, STEALING PROPERTY THAT DID NOT BELONG TO HIM; VIOLATING THE RIGHTS OF THE OWNER OF THAT PROPERTY and DWELLING; the NON-RIGHTFUL criminal's action is rationalized..., it is all but excused and the RIGHTFUL, LAW ABIDING CITIZEN BECOMES THE CRIMINAL... turning justice on its head.
Equitable Justice requires the claimant of negligence prove negligence...
Thus the law must establish REASONABLE thresholds...
In this case, the law would require a device which is designed for self defense in circumstances which would in the event of a home invasion, require the timely delivery of that device to the home owner, where the timeline of minimum efficacy is a function of SECONDS, be locked away to the extent that the delivery of the device in time to produce the dired effect is rendered impossible. Thus the threshold for negligence is NOT reasonable; as it requires that the device be kept secured beyond the means of its intended function.
The presumption threshold required by left-think presumes that a thief will illegally enter a dwelling... and that the weapon is subject to THEFT, thus it should be locked away to prevent the theft and thus used to harm another, assessing blame for that harm onto the citizen who had the weapon stored IN THEIR HOME...
Consider the logical extensions of this assumption...
The left ASSUMES a person; a person who is by virtue of their actions, KNOWINGLY VIOLATING THE RIGHTS OF ANOTHER, THUS IS NOT WITHIN THEIR RIGHTS , will illegally enter a dwelling for the purposes of removing property which is known to them to NOT BE THEIR PROPERTY... while at the SAME TIME the Left, being FULLY AWARE OF THE ABOVE requires that the device which a RIGHTFUL CITIZEN owns to defend themselves, their family and their property from NON-RIGHTFUL INDIVIDUAL(S) be locked away, rendered disabled for that purpose, despite THE PRESUMPTION THAT SUCH A CIRCUMSTANCE IS LIKELY...
Now... ask yourself... of those in question in the above discussion, who is taking responsibility? The Left knows full well, by virtue of the stated assumption that a dwelling is LIKELY to be invaded and by DEFAULT, demands that a firearm represents too great a public risk... knowing what RIGHTS are... how can this be?
The NON-RIGHTFUL THEIF is excused as a victim of culture, poverty, ignorance, blah, blah, blah... and the RIGHTFUL Citizen is assessed as being responsible for a crime which this NON-RIGHTFUL CITIZEN COMMITS DESPITE THE RIGHTFUL CITIZEN HAVING BEEN EGREGIOUSLY VIOLATED IN THE PROCESS OF THE CRIME IN QUESTION.
Thus to accommodate the NON-RIGHTFUL, the Left demands that the MEANS of THE RIGHTFUL TO EXERCISE THEIR RIGHTS TO DEFEND THEMSELVES FROM THE NON-RIGHTFUL BE RESTRICTED BY LAW; and this is accomplished by overtly establishing the threshold for Negligence so low that the MEANS TO EXERCISE THE RIGHT IS RENDERED IMPOTENT, rendering RIGHTFUL CITIZENS: to be WITHOUT A RIGHT TO DEFEND THEMSELVES AND TO BE SECURE IN THEIR HOMES AND EFFECTS... meaning where the citizen take measures to exercise their right to defend their very lives, as well as that of their family and their property through a firearm, they expose "THE PEOPLE" to a higher risk, than that presented BY THE THEIF WHO WILLFULLY VIOLATES THE RIGHTS OF OTHERS. The Indiviual right is ignored, dissmissed and rejected, for the false right of the collective. When, in truth, the collective is protected by protecting the RIGHT OF THE INDIVIDUAL.
In essence, the left is saying that you don't really have a right to defend your life and property... They're saying that because of poverty, ignorance and the host of excuses they lay out in various rationalizations, obscuring the violation of HUMAN RIGHTS... I.e.: 'that THESE POOR SOULS HAVE A RIGHT TO WHAT EVER THEY WANT, BECAUSE THEY HAVE THAT MOST SACRED OF LEFTIST SACREMENTS... A NEED! Demonstrated perfectly by this post: [ http://www.usmessageboard.com/polit...st-organize-your-community-11.html#post902262 ] which is typical of the Left-think and stands as a classic example of the basis in reasoning upon which the UK and Australian governments based their tyranny, in the disarming of their subjects/citizens.
There is a concerted effort in the UK to actually have Burglary and Mugging declared as a legitimate vocation. It is now virtually a crime in these nations to use force in defense of your life and property… Although at this point, they mouth the color of a right to self defense, but if a non-rightful person mugs you and is injured by you, the State will prosecute you to the fullest extent of the law, on the basis that your actions were ‘offensive’… You have a right to surrender your property and run away… but if you strike the NON-RIGHTFUL PERSON… you are considered to be taking “OFFENSIVE” action.
And THAT is where this reasoning of ‘Presumptive Negligence of your Responsibilities…” will inevitably take you... It is absurdity stacked upon unbridled idiocy; standing in direct opposition to equitable Justice for All.
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