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What are reasonable restrictions/infringements on 1st and second amendment rights?

What are reasonable restrictions/infringements on 1st and second amendment rights?


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Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Did you bother to read the founder's quotes? They make things very clear.

Yes, but this was still while the civilian people made up the army(militia)

well almost every legal scholar-from Liberals such as van Alstyne, Amar and Levinson to libertarians like Koppel to conservatives such as Cates and Volokh all support the individual right interpretation.

the ones that don't-paid hacks of the Handgun Control Conspiracy against civil rights

Actually, I own a gun myself, and aren't arguing that people don't have a right to a gun, I'm saying that I believe the government has every right to license and register, and control the sales of guns. One day it will have to happen. The day is coming when you won't be able to shoot a gun without hitting someone. Do we just continue the stupidity?
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

A second amendment equivalent would be shooting people in a theater, firing a weapon in a grocery or maliciously killing someone.

If you fire a weapon into a movie theater,murder someone, or just randomly discharge your weapon in certain places you will get fined, go to jail/prison or sentenced to community service and or sued.

No. It would not be. Restrictions on actions are not equal in the law. You are not allowed to drive home from a bar with an alcohol level above what is legally allowed in your state. You are perfectly allowed to walk home from the same bar with an alcohol level above what is legally allowed. Different issues, actions require different laws, regulations etc.

No it is not.

Of course it is. It relies on the premise that all restrictions should be equal across the board when the reality is that different issues have different restrictions and 'infringements'. It is a false dichotomy.
 
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Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Yes, but this was still while the civilian people made up the army(militia)



Actually, I own a gun myself, and aren't arguing that people don't have a right to a gun, I'm saying that I believe the government has every right to license and register, and control the sales of guns. One day it will have to happen. The day is coming when you won't be able to shoot a gun without hitting someone. Do we just continue the stupidity?

that is so hilarious

so people are gonna be setting up tents in the target ranges

registration has one use--to facilitate confiscation which is why gun haters support it

where does the government get this power?
 
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Re: What are reasonable restrictions/infringements on 1st and second amendment rights

No. It would not be. Restrictions on actions are not equal in the law. You are not allowed to drive home from a bar with an alcohol level above what is legally allowed in your state. You are perfectly allowed to walk home from the same bar with an alcohol level above what is legally allowed. Different issues, actions require different laws, regulations etc.



Of course it is. It relies on the premise that all restrictions should be equal across the board when the reality is that different issues have different restrictions and 'infringements'. It is a false dichotomy.

here is the problem

libs and gun haters want restrictions that they claim will enhance the public good even though they can never come up with any evidence that such restrictions will

that is their only valid argument. There is no other valid argument for restriction of freedom other than the promotion of safety.

we gun owners can argue against restrictions EVEN IF WE CONCEDE THAT THE RESTRICTIONS WOULD INCREASE PUBLIC SAFETY just as the ACLU can argue against the denial of Miranda rights, or against beating confessions out of prisoners even if those would increase the conviction rates of thugs

So you gun restrictionists -the burden is on you to PROVE beyond any rational doubt-that your desired laws would make us safer.

I doubt you can and since the issue is unsettled we win because we have several arguments against gun restrictions from the second amendment to the fact that restrictions actually increase crime
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

here is the problem

libs and gun haters want restrictions that they claim will enhance the public good even though they can never come up with any evidence that such restrictions will

that is their only valid argument. There is no other valid argument for restriction of freedom other than the promotion of safety.

we gun owners can argue against restrictions EVEN IF WE CONCEDE THAT THE RESTRICTIONS WOULD INCREASE PUBLIC SAFETY just as the ACLU can argue against the denial of Miranda rights, or against beating confessions out of prisoners even if those would increase the conviction rates of thugs

So you gun restrictionists -the burden is on you to PROVE beyond any rational doubt-that your desired laws would make us safer.

I doubt you can and since the issue is unsettled we win because we have several arguments against gun restrictions from the second amendment to the fact that restrictions actually increase crime

Wait...are you for or against registering gun owners? Personally, thats all I'm arguing to keep, in terms of the 2nd amendment debate.
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Wait...are you for or against registering gun owners? Personally, thats all I'm arguing to keep, in terms of the 2nd amendment debate.

I am against it on numerous grounds

1) it facilitates confiscation or a tax on guns presently owned

2) it infringes on our rights

3) I don't trust the database being secure--someone can hack into it and target homes for theft or crooked cops can use it to steal guns

4) it has no crime fighting utility

5) criminals or others banned from owning guns are exempt under 5th amendment grounds


so why do you want it
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

I am against it on numerous grounds

1) it facilitates confiscation or a tax on guns presently owned

You assume thats what it will be used for. I personally feel that registration should be used to confiscate weapons if someone is under crimincal investigation, but no tax should be put on guns owned by a person.

2) it infringes on our rights

It infringes on your rights how?

3) I don't trust the database being secure--someone can hack into it and target homes for theft or crooked cops can use it to steal guns

Oh, you just don't trust the government's security.

4) it has no crime fighting utility

If it was used to confiscate weapons during a criminal investigation, then there is the crime fighting utility.

5) criminals or others banned from owning guns are exempt under 5th amendment grounds

I do believe, under the 4th amendment, and Police SOP, guns are automatically collected during an investigation. And you can add in exceptions, and regulation to make sure that once you have been convicted of a violent crime,you have forfeited your right to the 2nd amendment.

so why do you want it

I would like it because:

1. It allows police to know if someone possess a gun, when they are approaching to arrest said individual, or when they are searching for possible weapons.

2. It would allow us to take away the 2nd amendment from people who have been convicted of a violent crime.

3. As long as you're not taxed for it, all it does is tackle the problem of assymetric information.
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

so you believe in punishing someone before they are convicted

sounds like a good reason to own a gun to shoot someone who would carry out such fascist nonsense

that you don't want to use it to tax people is not relevant-plenty would

it infringes on my rights because in a free state I don't have to register the gun--are you so dense as to think if registration is required people won't have to take affirmative steps to register guns they own or suffer penalties for failing to do so

you think the people police normally deal with have guns that are registered?

You really have very little understanding of law enforcement

most criminals have guns that cannot be traced to them for obvious reasons
 
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Re: What are reasonable restrictions/infringements on 1st and second amendment rights

here is the problem

libs and gun haters want restrictions that they claim will enhance the public good even though they can never come up with any evidence that such restrictions will

that is their only valid argument. There is no other valid argument for restriction of freedom other than the promotion of safety.

we gun owners can argue against restrictions EVEN IF WE CONCEDE THAT THE RESTRICTIONS WOULD INCREASE PUBLIC SAFETY just as the ACLU can argue against the denial of Miranda rights, or against beating confessions out of prisoners even if those would increase the conviction rates of thugs

So you gun restrictionists -the burden is on you to PROVE beyond any rational doubt-that your desired laws would make us safer.

Gun ownership legal and illegal is highest among some of the world's poorest countries. 'Coincidentally' these countries also suffer some of the world's highest rates of gun crimes and as a general rule of thumb have very little oversight over the ownership of weapons. El Salvador, Sierra Leone, Mexico - all are countries where people regularly carry with or without permit and all are experiencing or have experienced high waves of crime. The opposition to this 'more guns, less crimes' fallacy has been disputed over and over and supports its arguments with various studies

* Jens Ludwig, Do Permissive Concealed-Carry Laws Reduce Violent Crime? unpublished draft dated Oct. 8, 1996, on file with Albert Alschuler. Ludwig notes a correlation between PPBF4049 (percent of population black, female, aged 40 to 49) and high crime rates in the data used in the Lott & Mustard crime trends regressions. (This factor is found as a correlation, but is not cited in Lott & Mustard 1997 as a causation.)

* Albert Alschuler, Two Guns, Four Guns, Six Guns, More Guns: Does Arming the Public Reduce Crime? Valparaiso U Law Rev. Spring 1997. Alschuler notes that while PPBM2029 (as perpetrators of crime) and PPBF64+ (as victims) are strongly correlated to high homicide rates in the dataset used by Lott & Mustard 1997, PPBF4049 is rated more highly as a predictor of homicide rate. Alschuler notes that Lott supplied him with his copy of Ludwig's 1996 paper as well as the Lott & Mustard data.

* Franklin Zimring and Gordon Hawkins, Concealed Handguns: The Counterfeit Deterrent, 7 The Responsive Community 2 (Spring 1997). Zimring & Hawkins cite recognition of the legitimacy of defensive gun use as an impediment to the socially desirable goal of eliminating private ownership of handguns and set out to criticise Lott & Mustard.

Both Albert Alschuler and Jens Ludwig note a number of problems in their separate papers. Why, for example, should the concentration of older black women in a population predict higher crime rates in the Lott and Mustard model, but not the increased concentration of young men, age 20 to 29, who are vastly more likely to commit such offenses?

* David Hemenway, 'Review of More Guns, Less Crime: Understanding Crime and Gun-Control Laws', New England Journal of Medicine, 1998.[10] Hemenway's review states

Lott finds, for example, that both increasing the rate of unemployment and reducing income reduces the rate of violent crimes and that reducing the number of black women 40 years old or older (who are rarely either perpetrators or victims of murder) substantially reduces murder rates. Indeed, according to Lott's results, getting rid of older black women will lead to a more dramatic reduction in homicide rates than increasing arrest rates or enacting shall-issue laws

* Rutgers sociology professor Ted Goertzel stated that "Lott’s massive data set was simply unsuitable for his task", and that he "compar[ed] trends in Idaho and West Virginia and Mississippi with trends in Washington, D.C. and New York City" without proper statistical controls. He alleged that econometric methods (such as the Lott & Mustard RTC study or the Levitt & Donohue abortion study) are susceptible to misuse and can even become junk science. [11]

* Ian Ayres, Yale Law School, and John Donohue, Stanford Law School, 'Shooting Down the More Guns, Less Crime Hypothesis'. Stanford Law Review, 2003.[12]

* Jens Ludwig, Georgetown University, "Concealed-Gun-Carrying Laws and Violent Crime: Evidence from State Panel Data", published in International Review of Law and Economics, 1998.[13].

* Dan Black and Daniel Nagin, "Do 'Right-to-Carry' Laws Deter Violent Crime?" Journal of Legal Studies, Vol. 27, No. 1, pp. 209-213 (January 1998).

* Mark Duggan, University of Chicago, "More Guns, More Crime," National Bureau of Economic Research, NBER Working Paper No. W7967, October 2000, later published in Journal of Political Economy.[14]

* Steven Levitt, University of Chicago, 'Understanding Why Crime Fell in the 1990s: Four Factors that Explain the Decline and Six that Do Not'. Journal of Economic Perspectives, 2004.[15] Levitt lists 'Laws allowing a right to carry concealed weapons' as number five in his list of 'Six Factors that Played Little or No Role in the Crime Decline'.

* Jeffrey Miron, Boston University, 'Violence, Guns, and Drugs: A Cross-Country Analysis'. The Journal of Law and Economics, October 2001.[16]

* Tomislav V. Kovandzic and Thomas B. Marvell, "Right-To-Carry Concealed Firearms and Violent Crime: Crime Control Through Gun Decontrol?" Criminology and Public Policy 2, (2003) pages 363-396.

* John J. Donahue III, Stanford Law School, 'The Final Bullet in the Body of the More Guns, Less Crime Hypothesis', Criminology and Public Policy, 2003.[17]

* John Donohue and Ian Ayres. "More Guns, Less Crime Fails Again: The Latest Evidence from 1977 – 2006" Econ Journal Watch 6.2 (2009): 218-238.[18]

I doubt you can and since the issue is unsettled we win because we have several arguments against gun restrictions from the second amendment to the fact that restrictions actually increase crime

Where is this 'fact'? Germany has strong laws against gun owners ship. They have a lower violent crime rate than the U.S. - Or are you basing this 'fact' off the selective cherry picking of information?
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

so you believe in punishing someone before they are convicted

I believe in taking pre-emptive measures. Police SOP is to confiscate any firearms found in a homicide case for example. If the police had prior knowledge that the person who allegedly had killed the victim owns a Beretta 9mm. Now, the police know the accused has a weapon, so they can seize that weapon, in accordance with SOP, and if you want, they can obtain a warrant before they seize the weapon, just to keep you happy.

sounds like a good reason to own a gun to shoot someone who would carry out such fascist nonsense

Oh good, I'd like to see you try that, see how long you last :roll:

that you don't want to use it to tax people is not relevant-plenty would

I'm not arguing for that, if you want to argue against that, find someone who is in favor of it.

it infringes on my rights because in a free state I don't have to register the gun--are you so dense as to think if registration is required people won't have to take affirmative steps to register guns they own or suffer penalties for failing to do so

Penalties like having the police come to their home, and ask them to register the guns? Well, if the police went to your house, it'd probably end up with a firefight from what I can tell, but the normal person on the street wouldn't mind telling the police they have a gun, and agreeing to go get that gun registered.

you think the people police normally deal with have guns that are registered?

You really have very little understanding of law enforcement

most criminals have guns that cannot be traced to them for obvious reasons

Are you saying that police never deal with people who legally own and operate weapons? Well, if you are saying that, you know far less about law enforcement then you think I do.

As you said, most criminals. And considering how much crime there is, consider just how many investigations could be positively affected if the police had prior knowledge that the person they were looking for owns a gun.
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Yes, but this was still while the civilian people made up the army(militia)

Try invading the USA and see how fast the citizen becomes a militiaman again.

At the outset of WW2, Admiral Yamamoto advised against invading the US mainland because "behind every blade of grass would be a rifleman."



Actually, I own a gun myself, and aren't arguing that people don't have a right to a gun, I'm saying that I believe the government has every right to license and register, and control the sales of guns. One day it will have to happen. The day is coming when you won't be able to shoot a gun without hitting someone. Do we just continue the stupidity?


THAT is just ludicrous. What do you think, we're all going to be living in mile-high arcologies and walking down hallways crammed cheek-by-jowl?

Population growth has been in decline for some time. There is conjecture that population growth will level off soon. Even so, there's still lots of wide open spaces.

I have my doubts that you own a gun, you don't seem to have much knowlege about firearm realities. "can't shoot a gun without hittting someone", pah. I can shoot a cigarette out of your hand with a .22 rifle and not scratch you, and I'm far from the best. Ever been to Wyoming? There are places where you can drive for hours without seeing a house or another car. Ever been to a range? They have this high tech device called a backstop... a pile of dirt that stops bullets.
 
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Re: What are reasonable restrictions/infringements on 1st and second amendment rights

For every study hatuey can cite promoting gun control as crime control I can post as many in opposition such as More Guns Less crime by Lott. What is funny is that most of the anti gun studies were started by anti gunners while many of the studies that support gun ownship were also started by anti gunners such as Lott and Kleck who saw the light

Another Example is Paxton Quigley who was a militant gun hater who investigated why so many women were buying guns --she is now a major league proponent of gun ownership.

and we have those studies that tried to prove that the clinton gun ban helped things and turned out it the best they could find was no impact whatsoever (NEJoM)

In other words, the issue is unsettled. We do have lots of empirical evidence of how gun control only disarms victims which is why DC and Chicago experienced more crime after handgun bans were imposed

can you find one study where a pro gunner studied the issue and came to conclude guns needed to be banned?

I was a classmate of Ian Ayers at Yale (81) he was a very good scholar but not one I'd trust as objective. People like him are the sort of people who hate guns because its a form of power he doesn't know much about and cannot control
 
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Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Try invading the USA and see how fast the citizen becomes a militiaman again.

At the outset of WW2, Admiral Yamamoto advised against invading the US mainland because "behind every blade of grass would be a rifleman."






THAT is just ludicrous. What do you think, we're all going to be living in mile-high arcologies and walking down hallways crammed cheek-by-jowl?

Population growth has been in decline for some time. There is conjecture that population growth will level off soon. Even so, there's still lots of wide open spaces.

I have my doubts that you own a gun, you don't seem to have much knowlege about firearm realities. "can't shoot a gun without hittting someone", pah. I can shoot a cigarette out of your hand with a .22 rifle and not scratch you, and I'm far from the best. Ever been to Wyoming? There are places where you can drive for hours without seeing a house or another car.



My BS detector just redlined when he claimed he was a gun owner
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

You're right. Neither is it a pick and choose what you like,either. It says this:A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. The words "regulated militia" is not part of another amendment, or even in another sentence in this amendment, it's part of the same line where you pick out your "the right of the people to keep and bear Arms, shall not be infringed." as if that's the only thing it says. If the writers wanted the "a well regulated militia" par ignored, why did they bother putting it in there? Seems to me it's the subject of the amendment. You can't just ignore it.
That makes no sense whatsoever.
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

My BS detector just redlined when he claimed he was a gun owner

Perhaps it is a bb gun or one of those plastic pellet guns that he owns or maybe a cap gun or just a replica of a gun.


I am against it on numerous grounds

1) it facilitates confiscation or a tax on guns presently owned

2) it infringes on our rights

3) I don't trust the database being secure--someone can hack into it and target homes for theft or crooked cops can use it to steal guns

4) it has no crime fighting utility

5) criminals or others banned from owning guns are exempt under 5th amendment grounds


so why do you want it



I think he wants it for the top two reasons.
 
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Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Perhaps it is a bb gun or one of those plastic pellet guns that he owns or maybe a cap gun or just a replica of a gun.






I think he wants it for the top two reasons.

agreed

almost all gun restrictionists favor such stuff to punish people who don't buy into their pillowheaded utopian view of the world. Crime control has nothing to do with their motivations unless they are the really low wattage version of the group

too much evidence proves that gun control is not crime control

we all remember sarah brady braying that CCW licenses would mean blood running in the streets and shoot outs over fender benders

we all remember her shrieking that the clinton awb sunsetting would mean machine gun fights in public parks

the gun banners have no credibility since

1) their stated reasons were not what motivated them but were facades for hate

2) and their real reasons are pernicious, anti american and fascistic
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

agreed

almost all gun restrictionists favor such stuff to punish people who don't buy into their pillowheaded utopian view of the world. Crime control has nothing to do with their motivations unless they are the really low wattage version of the group

too much evidence proves that gun control is not crime control

we all remember sarah brady braying that CCW licenses would mean blood running in the streets and shoot outs over fender benders

we all remember her shrieking that the clinton awb sunsetting would mean machine gun fights in public parks

the gun banners have no credibility since

1) their stated reasons were not what motivated them but were facades for hate

2) and their real reasons are pernicious, anti american and fascistic

Post #160 is still waiting for you.
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Post #160 is still waiting for you.

How many cases have been solved by looking at a firearm registry and how many crimes have gun registries prevented? Is there any statistics on this.

Is there even any news stories like "gun registry helps police save the day" or "gun registries help police solve a crime"? I am pretty sure if such stories existed the liberal scum in the media would air it 24/7 just like the do the school shooting stories while ignoring or giving token mention to someone saving the day with a firearm.
 
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Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Post #160 is still waiting for you.

Yeah its all BS, I saw it, You obviously know very little about the subject

you see setting up a system that could be used to tax people is the reason I am against it, not because I worry about you individually but because I have heard dozens of politicians advocating such things

and yeah people who would seize guns of people in violation of due process ought to be shot.

and your desires are truly fascist

police do deal with people with guns and the ones who would harm police officers usually don't have registered weapons or ones bought legally

and if they do and are willing to kill police officers registration obviously did nothing

edify me as to your law enforcement background
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

How many cases have been solved by looking at a firearm registry and how many crimes have gun registries prevented? Is there any statistics on this.

Is there even any news stories like "gun registry helps police save the day" or "gun registries help police solve a crime"?

While I don't feel like googling it now, Hawaii-an Island has registered guns for years and a study indicates that their registration has had zero uses in solving crimes.

we do know that gun registration was used to facilitate confiscation of handguns in great britain, many semi auto rifles in california, NJ and NYC and massive numbers of weapons in Australia

what libs want is an onerous system that many will ignore and then the gun haters will claim those people are criminals deserving of getting "vicki weaverd" or Waco'd

Gun haters are haters pure and simple. They hate freedom, and they especially hate people who don't buy into their idiotic world view
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

While I don't feel like googling it now, Hawaii-an Island has registered guns for years and a study indicates that their registration has had zero uses in solving crimes.

we do know that gun registration was used to facilitate confiscation of handguns in great britain, many semi auto rifles in california, NJ and NYC and massive numbers of weapons in Australia

what libs want is an onerous system that many will ignore and then the gun haters will claim those people are criminals deserving of getting "vicki weaverd" or Waco'd
''

I believe that the people in office pushing for anti-2nd amendment laws know perfectly well they do not work. The anti-2nd amendment loons on the other hand may actually believe the BS and are just being manipulated by other idiots and the scum in office.


Gun haters are haters pure and simple. They hate freedom, and they especially hate people who don't buy into their idiotic world view

I think most of these people are just naive and fail to realize that a government has nothing to fear from a unarmed population and that they are being used by the scum in office.
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

I believe that the people in office pushing for anti-2nd amendment laws know perfectly well they do not work.
Quite to the contrary, gun control does work, and that is why they do it. It keeps guns out of the hands of law-abiding people, thereby making the populace more easy to control and less likely to rebel. Their argument that it prevents crime is simply a distraction.
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Perhaps it is a bb gun or one of those plastic pellet guns that he owns or maybe a cap gun or just a replica of a gun.
.

Paint guns are quite popular among our youth these days.;)
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

Yeah its all BS, I saw it, You obviously know very little about the subject

I love how you say something, but fail to explain how :D

And you're an attorney? God, the BAR standards must be real different where you live, as opposed to California :roll:

and yeah people who would seize guns of people in violation of due process ought to be shot.

Officers often confiscate weapons without warrants specifically for the weapon...so you're saying officers should be shot for doing their job?

and your desires are truly fascist

You keep comforting yourself with that :lol:

police do deal with people with guns and the ones who would harm police officers usually don't have registered weapons or ones bought legally

As you said, usually, not always. Because, as you said yourself, situations do exist in which weapons are legally bought, and used violently, there should be registration on these weapons.

and if they do and are willing to kill police officers registration obviously did nothing

Except let the officers know that the weapons were in the possesion of said person, allowing them to prepare beforehand.

edify me as to your law enforcement background

You can't teach the ignorant ;)
 
Re: What are reasonable restrictions/infringements on 1st and second amendment rights

While I don't feel like googling it now, Hawaii-an Island has registered guns for years and a study indicates that their registration has had zero uses in solving crimes.

we do know that gun registration was used to facilitate confiscation of handguns in great britain, many semi auto rifles in california, NJ and NYC and massive numbers of weapons in Australia

what libs want is an onerous system that many will ignore and then the gun haters will claim those people are criminals deserving of getting "vicki weaverd" or Waco'd

Gun haters are haters pure and simple. They hate freedom, and they especially hate people who don't buy into their idiotic world view

I really don't know how to say this without being rude...but you are psychotic :shock:
 
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