View Poll Results: Are restrictions on the purchase/sale of firearms constitutional?

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Thread: 2nd amendment rights.

  1. #171
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    Re: 2nd amendment rights.

    TITLE 10 > Subtitle A > PART I > CHAPTER 13 > 311

    (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
    (b) The classes of the militia are—
    (1) the organized militia, which consists of the National Guard and the Naval Militia; and
    (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.



  2. #172
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    Re: 2nd amendment rights.

    Quote Originally Posted by TurtleDude View Post
    that is stupid to lump a "sniper rifle" with a tank. do you have any clue what a sniper rifle is? did you know that Carlos Hathcock-one of the most celebrated Marine Snipers in history killed close to 100 enemy with a Winchester Model 70 in 30-06

    do you know what one of the two most popular hunting rifles in the USA in the last 60 years is and what do you think is the most popular big game cartridge in the USA

    Winchester 70 (along with the similar Remington 700) and 30-06

    Do you know that GSgt Hathcock won the national target championship with that same set up?
    I was just using an illustration... All I'm saying is that it isn't unconstitutional to limit the sale of guns. It isn't infringing on someone's rights to bear arms to restrict what arms they want to bear with reasonable and understandable restrictions. Should we take the constitution to say that the right to bear arms includes nuclear arms?
    When the debate is lost, slander becomes the tool of the loser. -Socrates
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  3. #173
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    Re: 2nd amendment rights.

    Quote Originally Posted by Goobieman View Post
    Anticipating you;d say that, I asked you to:
    Please cite any of the people involved in the writing and ratification of the 2nd that argued ... that to enjoy the protection of the 2nd, ones actions must be in direct relation to service in the militia.
    Well?
    better yet-he should point to what clause of the USSC that delegates to the federal government the power to infringe on this issue.
    EVEN IF THE SECOND AMENDMENT is what he says it is he has a real problem with the tenth amendment



  4. #174
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    Re: 2nd amendment rights.

    Quote Originally Posted by repeter View Post
    There are plenty of restrictions that don't have to be as strict as you mentioned to be allowed.
    You clearly dont understand what "strict scrutiny" means.

    As long as they are compelling to a point that their benefits outweigh their costs...
    No..... thats NOT the standard od scrutiny affordaded to fundamental rights. Thats "Rational basis" andis the least stringent of the three levels of scrutiny.

    Perhaps the most basic, and reasonable, is a background check that restricts convicted felons from being able to buy guns.
    As I have said innumerable times:
    Background checks are a form of prior restraint. Prior restraint in an infringement. Infringements are not allowed.
    Bacjground checks will never bass strict scrutiny.

    I also don't mind licenses so we can keep track of who has a gun and who doesn't...
    That's nice... but doesnt change the fact that it creates a precondition of aright not inherent to same -- and thus, an infringement.
    There's no compelling state uinterest served by the government knowing who has guns.

  5. #175
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    Re: 2nd amendment rights.

    Quote Originally Posted by Chappy View Post
    Whatever happened to the "well regulated" part?
    What a zinger! Way to destroy our position!

  6. #176
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    Re: 2nd amendment rights.

    Quote Originally Posted by Goobieman View Post
    Anticipating you;d say that, I asked you to:
    Please cite any of the people involved in the writing and ratification of the 2nd that argued ... that to enjoy the protection of the 2nd, ones actions must be in direct relation to service in the militia.
    Well?
    Goobie, there is nothing I could say that Judge Richard Posner hasn't said better. I've already provided that citation by the way. Please read it.

    I realize I'm an easy target, but my essential point has been made by far superior scholars than me. I'd like to see you make a compelling argument against Judge Posner, then we'll talk.

  7. #177
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    Re: 2nd amendment rights.

    Quote Originally Posted by digsbe View Post
    Making tanks and sniper rifles illegal for citizen position doesn't prevent someone from bearing arms. The Constitutional right is protected.
    Under that argument, banning Catholicism doesnt violate the 1st Amendment because you can still be Baptist.

  8. #178
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    Re: 2nd amendment rights.

    Quote Originally Posted by Goobieman View Post
    Under that argument, banning Catholicism doesnt violate the 1st Amendment because you can still be Baptist.
    Well said! Tanks area little different as they are also a vehicle, but I don't see any reason why the second wouldn't apply to sniper rifles, or the gun on top of the tank for that matter.

  9. #179
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    Re: 2nd amendment rights.

    Quote Originally Posted by Goobieman View Post
    Under that argument, banning Catholicism doesnt violate the 1st Amendment because you can still be Baptist.
    That's not a logical comparison. What would be more logical is allowing people to practice religion freely. However, if your religion says to kill and steal from non-believers you violate laws and will be prosecuted. Freedom of religion doesn't mean you can break any law for religious reasons. Likewise, you can bear arms but certain weapons should remain illegal for reasonable reasons.
    When the debate is lost, slander becomes the tool of the loser. -Socrates
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  10. #180
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    Re: 2nd amendment rights.

    Quote Originally Posted by Guy Incognito View Post
    Goobie, there is nothing I could say t....
    Yes, yes there is. You could, as I have now asked three times, post quotes from the people involved with the 2nd that to enjoy the protection of the 2nd, ones actions must be in direct relation to service in the militia.

    Until you do that, your argument regarding that particular intent doesnt have a leg to stand on.
    Last edited by Goobieman; 11-15-10 at 11:23 PM.

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