LOki
The Yaweh of Mischief
- Mar 26, 2006
- 4,084
- 359
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I'm sure that some do. I think that the ability to compare the identity of a buyer, to a list of names of people who are prohibited from having guns (as opposed to a list of people who are "allowed" to have guns) is useful to sellers who wish to avoid suits alledging criminal negligence in seeling arms to people who are dangerous to themselves or others.
Good point. And isn't that what lists are make up of - those who are not allowed to have guns?
Not precisely.
I don't neccessarily agree. I think that background checks as they are now structured are most certainly infringements upon the right to keep and bear arms. If the focus of the checks were not on who is eligble (which really should start with the presumption of everybody, and move from there) and instead focus upon those who were ineligble (i.e. the much shorter list of psychologically incompetent, and criminally violent folks) then I don't see the background check as any infringment--I'd probably get pisses off if it wasn't done.
Isn't that how it works? If my name is Jimmy Smith from 1 Smith St, and I have ID to back it up, they stick my name through the computer, up comes a zero result, I move on??
Not precisely.
"Allow" is the difficult word, I suppose. I certainly think its a bad idea that a person with a history of violent mental illness has a gun--I would not want that to happen--mostly because I don't really want to be in the position of having to decide between flipping the switch on his violently ill gray matter, or talking him down from a bad hair day when he whips out a gun.
Nor do I want to be in the position of having to decide if someone else was justified in flipping the switch on his violently ill gray matter.
So the answer is what?
It's certainly not "infringe upon the rightto keep and bear arms"; I suppose it might just be, "flip the switch on his violently ill gray matter."
Right. Prohibiting the demonstrably incompetent and criminally violent from keeping arms does not infringe upon the broader right of everyone else to keep arms.
So the answer is...?
Perhaps a background check performed in a manner Consistent with the 2nd Amendment, that doesn't presume criminal intent, and from a data database not designed for criminalizing gun ownership.
A background check is neccessary, just not the ones currently in place. What is not neccessary to a background check is to place on a list, all persons who currently own a gun, or who wish to own a gun--you need only register those who ARE NOT eligible for gun ownership.
Surely the background checks are on who has a criminal or mental illness history??
Not precisely.
Of couse not. Now try on the real world: Would you be happy if your wife or child was killed by somebody with a severe mental illness who had access to a firearm, who else would not have had said access if a simple background check had been done, but got one anyway--and you could do nothing to stop him because you are still waiting for your paperwork to go through so your background check, for buying your gun, will be approved?
What do you mean by real world? Are you saying there have not been murders using firearms committed by felons or mentally ill people involving innocents (as opposed to gang bangers hitting each other)?? As for the rest, how often does/has that happen/ed? Is it the norm?
By real world, I mean a world other than a hypothetical one such as the one you presented to illustrate your point; in the real world, violent felons and the mentally deranged have certainly killed innocents, and nothing i presented denies that; as for the rest, that's the real world, chum--and it happens.
The objection lies in the fact that there is nothing inherently criminal about owning a gun--ANY GUN. Owning guns is a specifically protected right in this country--a right presumed to be held by everyone who can legitimately claim to be of "the People", and a right that shall not be infringed upon.
This is one of my main planks since year dot when talking guns. That right was brought in during the 18th century. It is an amendment at that, and can be changed any time your congress takes the vote and gets the numbers. It would be political suicide to do so, but it is still there, so it is not strictly an inherent right. And IMO - and I must stress, this is my opinion and a talking point and am not trying to foist my ideas into being the law of YOUR land - is this right was set at a time when things were a lot different in the world. The world has moved on and most first world countries' attitudes to firearms has certainly changed (for the better IMO).
All rights are inherent, regardless of when/if those rights are recognized, or when/if those rights are protected--a government may recind recognition and/or protection of a right, but that is unconstitutional in the US; no amount of votes can change that.
Sure, you have nothing to hide...today. The objection is the same objection that those who find themselves defending their privacy from authoritarian douche-bags who say, "Only criminals would object to the governement eaves-dropping on their private conversations and correspondence, or opening their mail, or tapping their phones--what is your objection?"
You may not like the analogy, but there is a big difference between somebody eavesdropping on my convo and a nutjob having access to firearms and the neccessity of having them in the first place. There is the slippery slope argument, but I don't buy it. I think sometimes people who like their guns are using a strawman with that example. There is a fundamental difference IMO.
There's no difference at all if you allow that the "nut job" could be a government bureaucrat--you know, part of that organiziation folks like you insist can be trusted with any gun.
I think people who don't like guns deny that the term "rights" is fungible in the discourse; insisting that "rights" means something different regarding guns and self defense than what it means regarding religion, free speech, and due process.
No it's not. Since there is no such thing as "the greater good", just the good shall have to take precedence--and that is what is good for each individual.
Of course there is a greater good. People make sacrifices for their communities all the time in the sense that they chose a course of action that helped others, whereby if they'd taken another set of actions it would have been to their sole benefit. Audie Murphy and Alvin York come to mind
There is no such thing as a "greater good." Human sacrifice is always wrong.
Irrelevent, and untrue as far as the right is concernend.
You may think it is irrelevent. However, it is not untrue. It was set at at time when things were different. You are the only nation with some amongst you that thinks it is an inherent right. You can think that, but that doesn’t make it so (see my comment on it being an amendment)
"Things are different" is irrelevent because "things are different" is always true, and can be said to support any assertion that makes any claim; "Things are different" is untrue in the context of the issue, because the things that are different have no bearing on the reasons that the 2nd Amendment was included in our Constitution and ratified.
No you don't. You need only beleive that rights are inherent in the condition of being human beings, and that self preservation is one of these rights, that liberty is one of these rights, and that infringing upon the right to the tools that each individual may use to preserve their selfs, and their liberties, from the predations of other individuals and/or groups of individuals is a violation of an individual's rights.
You may believe those those things and that is fine. If you truly believe that, then why not throw out all laws and statutes. Why not just do what you want to do, because every statute ever written infringes on somebody’s rights somewhere with regard to liberty, self-preservation etc.
Every law ever written <i>may</i> "...infringe on somebody’s rights somewhere with regard to liberty, self-preservation etc...", but they don't have to. They could recognize and preserve our rights with regard to liberty, self-preservation etc.
Right's are not granted by the Constitution, they are recognized, and the obligation of the Government to protect those rights is set forth therein, but enumeration of rights is NOT a limitation of rights in general.
Well, I have seen arguments by Americans on both sides of the spectrum with regard to what the constitution is. Some agree with you, others disagree. What is important, is that the 2nd IS an amendment and is open to being taken away by congress. But as I said, it will never happen.
Governmental powers ar limited by the Constitution of the US; the US Government is not empowered to take rights away.
You're welcome.Thanks for the civil discourse..