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

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  • Yes

    31 37.80%
  • No

    43 52.44%
  • Other

    8 9.76%
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Thread: 2nd amendment rights.

  1. #51
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    Re: 2nd amendment rights.

    Quote Originally Posted by molten_dragon View Post
    How do you support that, since the constitution only mentions that the right to keep and bear arms shall not be infringed. It says absolutely nothing about the right to purchase or sell arms.
    You have to be kidding? You can own a weapon, but you have no right to buy one? Are you serious?
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  2. #52
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    Re: 2nd amendment rights.

    Quote Originally Posted by Guy Incognito View Post
    What are you talking about? I do not want to restrict the purchase of fire arms by the citizenry. But the state has a right to decide who can be a gun dealer, and issue licenses as such. That's a restriction on sale. Get it?
    What are you talking about? The thread is talking about the Constitution, not local or state government. Quite a jump.
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  3. #53
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    Re: 2nd amendment rights.

    Quote Originally Posted by American View Post
    You have to be kidding? You can own a weapon, but you have no right to buy one? Are you serious?
    He's half wrong and half right about that. No, the words purchase and sell are not mentioned in the second amendment, but if a restriction is so severe that it infringes on the right to keep and bear arms, then it is unconstitutional. Since gun ownership is a fundamental right, strict scrutiny would apply. That means that the government can restrict it but only by the least restive means possible and only for a compelling purpose.

  4. #54
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    Re: 2nd amendment rights.

    Guy, there appears to be some confusion about your position. At first you say no restrictions other than those in the Constitution (which defines no restrictions), then you say licenses and such.

    Perhaps it would help if you would spell out exactly what restrictions or controls on firearms you consider permissible, and by whom.

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  5. #55
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    Re: 2nd amendment rights.

    Quote Originally Posted by Guy Incognito View Post
    He's half wrong and half right about that. No, the words purchase and sell are not mentioned in the second amendment, but if a restriction is so severe that it infringes on the right to keep and bear arms, then it is unconstitutional. Since gun ownership is a fundamental right, strict scrutiny would apply. That means that the government can restrict it but only by the least restive means possible and only for a compelling purpose.
    where did the federal government get the power to do that Guy?



  6. #56
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    Re: 2nd amendment rights.

    Quote Originally Posted by Blackdog View Post
    What are you talking about? The thread is talking about the Constitution, not local or state government. Quite a jump.
    You're not following me. The government retains the right to tax the sale of guns and to regulate it in the least restrictive means possible, say by requiring gun dealers to get a permit from the county, etc. Those are restrictions, hence the poll. If you don't have a license to sell guns granted by the government, you are restricted from selling guns. It is ia restriction on sale. You see, despite my strongly pro-gun views, I read the wording of the poll carefully and answered properly. Nobody can seriously argue that the consitution prohibits any restrictions on the sale or purchase of firearms.

  7. #57
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    Re: 2nd amendment rights.

    Quote Originally Posted by Guy Incognito View Post
    He's half wrong and half right about that. No, the words purchase and sell are not mentioned in the second amendment, but if a restriction is so severe that it infringes on the right to keep and bear arms, then it is unconstitutional. Since gun ownership is a fundamental right, strict scrutiny would apply. That means that the government can restrict it but only by the least restive means possible and only for a compelling purpose.

    This, I agree with entirely. It is how we handle other fundamental rights, no?
    Last edited by Goshin; 11-14-10 at 10:05 AM.

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  8. #58
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    Re: 2nd amendment rights.

    Quote Originally Posted by TurtleDude View Post
    where did the federal government get the power to do that Guy?
    Activist Supreme Court Justices like Scalia gave it to them.

  9. #59
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    Re: 2nd amendment rights.

    Quote Originally Posted by Guy Incognito View Post
    Activist Supreme Court Justices like Scalia gave it to them.
    More dishonesty-start with the FDR expansion of the commerce clause as first embodied in the 1934 National Firearms Act

    all those things you want existed long before Scalia took the bench. so I ask you again since you want to play this game with me

    where in the Constitution was the federal government PROPERLY DELEGATED THE POWER TO DO ANYTHING when it comes to Firearms



  10. #60
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    Re: 2nd amendment rights.

    I have a gun show and the range to go to (a couple miles apart) Maybe during that time Guy can form an argument why the Federal government PROPERLY has the power to regulate small arms. Try as I might, I can find no such power PROPERLY delegated to the Federal government and the fact that such a power did not "Appear" until FDR was elected leads me to believe claims that such a power is proper are statist and specious



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