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Second Amendment Questioned

dheera writes "Attorneys in Washington, DC question the scope of the Second Amendment in the first case in nearly 70 years, citing that the right to bear arms only applies to 'a well regulated militia.' 'We interpret the Second Amendment in military terms,' said Todd Kim, the District's solicitor general."

1,471 comments

  1. Your Rights ONLINE? by Anonymous Coward · · Score: 5, Funny

    What the hell does the second amendment have to do with my rights ONLINE? I'm still allowed to shoot people in games over the internet, regardless of what the handgun rights are here in DC.

    1. Re:Your Rights ONLINE? by __aaclcg7560 · · Score: 5, Funny

      If the government is going to tax people for their "virtual earnings", taking away their "virtual weapons" is the next step.

    2. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 1, Funny

      It should be interpreted more as "Your Rights, Online" I think. The comma makes all the difference.

    3. Re:Your Rights ONLINE? by ravenshrike · · Score: 3, Informative

      Of course, the only ratified versions of the 2nd around actually have only 1 comma, in the middle, but the gun grabbers have yet to realize this.

    4. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 1, Funny

      Ando: "No, no, save the cheerleader, then save the world."

      Hiro: "No, it's an "if, then" statement."

      Ando: "How do you know?"

      Hiro: "I was the one who said it!"

      Ando: "Future you doesn't count as you."

    5. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      You mean you don't put a couple of rounds into your DSL modem every time it drops a connection?

    6. Re:Your Rights ONLINE? by that+this+is+not+und · · Score: 1

      YRO is anything the slashdot 'editors' choose to make it. It's grandstanding. They have a site that sometimes draws together interesting tech discussions, and since the editors have this hobby of dabbling in left/progressive issues.....

    7. Re:Your Rights ONLINE? by toleraen · · Score: 2, Funny

      Remember that hunting outfit in [Texas?] that allowed you to hunt remotely?

      There, now I've tied in second ammendment rights to your rights online. You can thank me later. Now, continuing on with the discussion....

    8. Re:Your Rights ONLINE? by PortHaven · · Score: 0

      WAYYY TOO FUNNY!!!!

      10 Kudos for the above comment! WoW that was great!

    9. Re:Your Rights ONLINE? by BoberFett · · Score: 0, Offtopic

      Who modded this a troll? He's right. Regardless of one's stance on the 2nd Amendment, it does NOT belong on Slashdot.

    10. Re:Your Rights ONLINE? by aquabat · · Score: 1

      Actually, on that note, I think it would be great if the government had to use a player character to collect taxes on in game earnings. The hilarity that would ensue as the tax man tried to collect and transport collections in-game, would be well worth the cost of the taxes, IMHO.

      --
      A republic cannot succeed till it contains a certain body of men imbued with the principles of justice and honour.
    11. Re:Your Rights ONLINE? by BoberFett · · Score: 0, Offtopic

      Oops, this was meant to be in response to the GP.

    12. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      You mean you don't put a couple of rounds into your DSL modem every time it drops a connection?

      No, but I put a couple of rounds into my neighbors WAP when it interefered with mine.

    13. Re:Your Rights ONLINE? by thc69 · · Score: 1
      Now, continuing on with the discussion....
      "continuing on"? What, "continuing" alone wasn't enough? Could we "continue" any way other than "on"? Perhaps we could "continue off" with tangents like this...
      --
      Procrastination -- because good things come to those who wait.
    14. Re:Your Rights ONLINE? by Millenniumman · · Score: 3, Interesting

      They don't tax virtual earnings. What has been indicated that they might tax are real earning in virtual environments (i.e. games).

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    15. Re:Your Rights ONLINE? by __aaclcg7560 · · Score: 1
    16. Re:Your Rights ONLINE? by barfooz · · Score: 1

      Except for the slight fact that gun rights is not a liberal issue. You really might have had something going there...

    17. Re:Your Rights ONLINE? by molarmass192 · · Score: 4, Insightful

      Don't forget that if that passes, we will be able to deduct all expenses incurred while potentially making those earnings including monthly fees, ISP costs, electricity costs, cost of the game, hardware, "office" space, training costs in terms of cable bill for receiving G4, plasma TV cost, etc. By treating gaming as an independent "business" they're gonna be promoting a whole lot of deductions that wouldn't otherwise be deductible. Heck ... I hope they go ahead and do it ... I'm looking to claiming my gaming "losses".

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    18. Re:Your Rights ONLINE? by buswolley · · Score: 5, Insightful
      Officially, /. is about nerdy news. However, the reality is different. Often the political articles are the most popular on /. and generate the most discussion. Perhaps it will ease your mind to think of it from a different perspective: Nerdy Perspectives about the News. A political discussion by nerds..

      Nerds see themselves as being part of an enlightened and well established subculture. To ignore every discussion which transcends the traditionally geeky however, would be paramount to calling that subculture stupid, out of touch with the world that influences their lives, in a word, unenlightened.

      It is obvious from the popularity of /. articles concerning rights, freedom, politics, and how we've been Bushywhacked for the last six years, implies that nerds care deeply about these issues. It is easy for the enlightened to see that we live in a dangerous world: from terrorism to oppression, from bi0 weapons to outsourcing IT to India, from global warming to bad presidents, surveillance to CowboyNeal's evil twin.

      The point is this: Nerds are smart, and when thy looked up from their code and saw the desperation of the world's people, they saw a world that needed their comments on Slashdot.

      --

      A Good Troll is better than a Bad Human.

    19. Re:Your Rights ONLINE? by THE+anonymus+coward · · Score: 1

      Wow, if there were nerd elections for a slashdot nerd leader, I would vote for you. Mixing humor with serious challenging issues.

      I Vote buswolley for Prime Moderator!

      --
      I guess thats all I have to say.
    20. Re:Your Rights ONLINE? by dfjunior · · Score: 1

      Best analysis of taxing virtual assets. ever.

    21. Re:Your Rights ONLINE? by Millenniumman · · Score: 3, Insightful

      Those "virtual" assets are actually worth something. Virtual weapons aren't actually weapons.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    22. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 1, Funny

      Yeah, I did the same, only replace "WAP" with "wife and "mine" with "the peace of a sunday morning hangover".

      good news is, no more hangovers for the next decade or so.

    23. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      As opposed to being good at help desk? Are you good at car and telephone too? Please, teach me how to be good at dishwasher!

    24. Re:Your Rights ONLINE? by Kingrames · · Score: 2, Insightful

      Contrary to what you may think, there are plenty of "nerds" here who are very concerned about their right to carry a gun in self-defense.

      There are still others eager to hear their opinions.

      Just because you don't associate guns with nerds does not mean that the two are mutually exclusive.

      There are probably plenty of people here on Slashdot who actually DO carry guns for self-defense, considering that they probably aren't as confident in their bow-staff skillz as you apparently are.

      --
      If you can read this, I forgot to post anonymously.
    25. Re:Your Rights ONLINE? by Transcendor · · Score: 1

      I, for one, welcome our FIRST-INSIGHTFUL-COMMENT-ON-SLASHDOT-FOR-YEARS-Ove rloard. bow to thy, (never take me any serious)

    26. Re:Your Rights ONLINE? by ravenshrike · · Score: 1

      Actually, gun rights are a LIBERAL issue. They are not, however, a leftie progressive issue.

    27. Re:Your Rights ONLINE? by eln · · Score: 1

      It's easy, you just have to buy her flowers once in a while.

    28. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      This has nothing to with guns and nerds. It has to do with guns and ONLINE, or rather the fact it has nothing to do with ONLINE.

    29. Re:Your Rights ONLINE? by enosys · · Score: 2, Insightful

      I just think it's in the wrong section. It should be in politics not YRO.

    30. Re:Your Rights ONLINE? by karmachild · · Score: 1

      Uhm, Semantically, that "would" include gambling, no? Slippery slope... Next thing you know the online gamblers are screaming "equal pretection," a GAME is a GAME is a GAME. "Pimpin' 'aint easy, but somebody's got to do it"

    31. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 1, Insightful
      Officially, /. is about nerdy news. However, the reality is different. Often the political articles are the most popular on /. and generate the most discussion.

      And since I have no interest in those discussions, I explicitly have the Politics section set not to display. Now I get them in YRO as well. It's 'Your Rights Online", not "Your Rights, Online".

    32. Re:Your Rights ONLINE? by timmarhy · · Score: 0, Flamebait

      learn to fucking read. first line. "STUFF THAT MATTERS". stfu, kthxbai

      --
      If you mod me down, I will become more powerful than you can imagine....
    33. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      douche

    34. Re:Your Rights ONLINE? by shmlco · · Score: 1

      "Virtual weapons aren't actually weapons."

      Tell that to my rootkit...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    35. Re:Your Rights ONLINE? by bhirsch · · Score: 1

      Limiting the scope of the 2nd amendment is a goal of the current liberal political party.

    36. Re:Your Rights ONLINE? by thc69 · · Score: 1

      where

      --
      Procrastination -- because good things come to those who wait.
    37. Re:Your Rights ONLINE? by Rip!ey · · Score: 1

      It's all in how you interperate things.

      "You Rights Online" and "Your Online Rights" are not one and the same.

      There's a difference.

    38. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      In the context of taxing virtual assets, taking away the virtual weapons makes sense, since the government can then use its virtual IRS agents to take virtually all of your virtual assets by virtual force. In that sense, the virtual weapons are real!

    39. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      For you to be correct, we as a group would have to agree on a definition of "nerd." The term "slashdot reader" would be much more correct.

      Regardless of the semantics, your logical argument implies that nerds agree on particular topics or "come together as a group." Personally, I feel strongly that slashdot editors tend to fall on one side of a given issue, but those slashdot editors are not necessarily representative of the group as a whole all the time, and therefore to encourage a sort of "we represent the geek's perspective" editorial perspective is to insert a slashdot-editor worldview versus the views of the group at large.

      The bottom line is that nerds and slashdot readers are not necessarily one and the same, and moreover to imply that this group feels the same or even cares about a particular topic that is not technology related is simply incorrect. Of course, the term "slashdot reader" is a circular reference, and thus could be incorrectly construed to imply that slashdot readers would be interested in reading about anything that could be read on slashdot.

      For my part, I fall firmly in the conservative, "more guns = less violent crime" camp. So infringing on my rights to carry a sidearm means that I'll be unable to stand up as a good citizen when the bad guys (i.e., those poor blokes who are sadly so poor and what does it matter if they steal a few big-screen TV's) are roaming the streets with AK-47's (ref: Katrina), or protect my family when someone breaks in my house, or prevent a crime from occurring when I am in the vicinity. The other things are something less of a big deal to me, but remove the right to protect my family and I'll get a little bit irritated. And, no, pepper spray is insufficient against someone with a gun, and many municipalities are trying to outlaw even non-lethal deterrents as well. As the saying goes, when owning a gun becomes criminal, only criminals will own guns.

    40. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      I asked the same question about another issue a long time ago.

      With time it's apparent that it's "Your rights... Online", as in an online forum about your rights.

      I know it's a little off-thread but I wanted to share that :)

    41. Re:Your Rights ONLINE? by ancientt · · Score: 4, Insightful
      Oh the irony! The issue of whether or not non-militia individuals have a right to bear arms is about the comma as well.

      The hand written version does, the version ratified by the states does not. If the comma is to be taken as intended, then the militias have the right to bear arms, but common people don't. If the law is to be taken as written when ratified, then the common people do have the right to bear arms.

      There is solid precident and writing to support either cause but I think it worth considering two pertinant facts.

      1. The democratic rule rose out of a fight against tyranny and the rights were to protect the people from the same problems the drafters of the bill of rights had experienced. The writers were probably very concerned to make sure that the common people always would have a way to fight the government should it exhibit symptoms of tyranny.
      2. The right to bear arms is grouped with other civil liberties and as such, if taken in context, can only be associated with the rights of the common man.
      Funny, AC parent considers the topic to be intended as written and thus not correctly placed. The topic at hand is a debate on whether the amendment should be taken as written or not.
      --
      B) Eliminate all the stupid users. This is frowned upon by society.
    42. Re:Your Rights ONLINE? by Fred_A · · Score: 1
      taking away their "virtual weapons" is the next step.
      I'd like to see them try. I've got virtual *nukes* !
      --

      May contain traces of nut.
      Made from the freshest electrons.
    43. Re:Your Rights ONLINE? by __aaclcg7560 · · Score: 1

      That will happen when North Korea gets a copy of "Command & Conquer 3" when it comes out.

    44. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      The article is about your rights and you are reading it online.

    45. Re:Your Rights ONLINE? by kalirion · · Score: 1

      You haven't seen The Matrix, have you....

    46. Re:Your Rights ONLINE? by dilvish_the_damned · · Score: 1

      And my right to uningamement dispersement due to employment or wrist injuries?

      --
      I think you underestimate just how much I just dont care.
    47. Re:Your Rights ONLINE? by Anonymous Coward · · Score: 0

      Nerds see themselves as being part of an enlightened and well established subculture

      Do they? Most of the Nerds here belong to a moronic subculture. They pirate software, music and movies, but then cry foul if anyone dares to put GPL code on a CD without a formal offer for the source code. Nerd opinions on the 2nd amendment differ. Nerds who like to own guns say it is crucial; nerds who don't want to be shot say it is stupid. Politics comes into it only as far as "I'm a voter so my opinion is important" - a fundamentally wrongheaded opinion but Nerds don't get why (it's the same as when they disparage mass-market goods because they aren't niche goods).

      Enlightened people leave Slashdot because there is no hope offered here, only glib "truth".

  2. US DOJ says by RevDobbs · · Score: 5, Informative

    The United States Department of Justice says that the 2nd amendment is an individual right.

    1. Re:US DOJ says by aichpvee · · Score: 4, Insightful

      Pretty sure the Department of Justice is condoning torture and crimes against humanity now. Not exactly the most credible source of opinion on such things.

      --
      The Farewell Tour II
    2. Re:US DOJ says by OakDragon · · Score: 1, Troll

      Pretty sure you're wrong.

    3. Re:US DOJ says by Spetiam · · Score: 4, Informative

      Be that as it may, "the people" is never used in the bill of rights to refer to citizens collectively. The majority in Dred Scott knew this, which is why they said it was unthinkable that blacks could be citizens because then they could "keep and carry arms wherever they went." Interesting that a Jim Crow law is still so popular in DC...

    4. Re:US DOJ says by troll+-1 · · Score: 5, Informative

      The United States Department of Justice says that the 2nd amendment is an individual right.

      That's interesting because it's apparently wrong. Morton Grove, Illinois banned hand guns in 1981 and the ban withstood a constitutional challenge in the case of Quilici v. Village of Morton Grove.

    5. Re:US DOJ says by supabeast! · · Score: 4, Informative
      Interesting that a Jim Crow law is still so popular in DC...


      That statement is flat out ignorant. The DC handgun ban was passed by the democratically elected government of the city at a time when the population was over 75% black. It was passed as an attempt to keep people from killing each other when DC was still one of the most violent cities in the nation and has nothing to do with Jim Crow.
    6. Re:US DOJ says by ari_j · · Score: 3, Informative

      It should be no shock that D.C. is still one of the most violent cities in the U.S. (#2 or #3, the last I checked). The murder rate drops by a factor of 10 when you cross the Potomac River into Virginia (still in metropolitan Washington; it gets even lower further away) where there is no gun ban.

    7. Re:US DOJ says by delong · · Score: 3, Insightful

      Be that as it may, "the people" is never used in the bill of rights to refer to citizens collectively

      It isn't? The "people" in the Fourth Amendment has been construed by the US Supreme Court to mean the class lawfully and voluntarily in the US and part of the national community. US v. Verdugo-Urquidez. I have no idea who the Framers would be referring to as "the people" if not the citizens of the United States.

    8. Re:US DOJ says by Spetiam · · Score: 1

      You should examine the history of gun bans--and gun control in general--in this country before crying, "ignoramus."

      Gun control laws have consistently had as their targeted enforcement population the blacks of this country. Except nowadays, such laws are even endorsed by the NAACP and people historically targeted. That's what I find interesting.

      Don't take this to mean I like one particular party...I also find it interesting that a certain major party has consistently supported gun control laws, both in their KKK days and their affirmative action days. I'm not saying this means anything, I just find it interesting and think that it bears some examination.

    9. Re:US DOJ says by istartedi · · Score: 1

      It was over 10 years after the passage of this law that DC became the murder capital of the nation.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    10. Re:US DOJ says by delong · · Score: 4, Informative

      And the US Supreme Court declined to grant certiorari. Which means that it is only precedent in the Seventh Circuit - Illinois, Indiana, Wisconsin. Hardly the definitive statement on whether the Second Amendment is an individual right.

    11. Re:US DOJ says by Das+Modell · · Score: 0, Troll

      Well, if blacks commit a disproportionate amount of violent crimes, then clearly it makes sense to take away their guns, although I have no idea how this actually works.

    12. Re:US DOJ says by Agelmar · · Score: 5, Informative

      I call BS. In this year's rankings, DC is #19, behind cities like Memphis, Trenton, and Kansas City. DC has improved greatly since the handgun ban was passed.

      As for the murder rate - it definitely does not drop immediately once you cross the border. I'll grant you that the Virginia border takes you into reasonable areas for the most part, but if you go across the Maryland border into PG County, don't tell me that you're going somewhere safe. Frankly, much of the blight is being pushed out of DC into VA and MD due simply to the increasing cost of downtown real-estate. Ten years ago I would never have considered living in Southwest, but now the area is undergoing massive investment, and in my time living there I never had any problems.

    13. Re:US DOJ says by nurb432 · · Score: 1

      So does the constitution. Its entire structure was about restricting government power, and guaranteeing rights to individual citizens.

      Anyone that doesn't think that is either stupid, or has something to gain personally by taking our rights from us.

      --
      ---- Booth was a patriot ----
    14. Re:US DOJ says by Spetiam · · Score: 1

      I should have said that when the bill of rights refers to the "the people" having rights, it has the meaning of "the people, respectively."

      If the "collective right" logic that some feel inclined to apply to the 2nd were applied to the 4th...then the 4th, too, would be rendered meaningless.

    15. Re:US DOJ says by raehl · · Score: 5, Insightful

      It should be no shock that D.C. is still one of the most violent cities in the U.S. (#2 or #3, the last I checked). The murder rate drops by a factor of 10 when you cross the Potomac River into Virginia (still in metropolitan Washington; it gets even lower further away) where there is no gun ban.

      What are you trying to say?

      It seems like you are trying to say that the crime rate would be lower if nobody had guns. If that is what you are trying to say, either you are intentionally putting forth a bad argument, or you're stupid.

      We have two sets of data: Data when it was legal to own handguns on both sides of the river, and data when it was legal to own a gun on only the low-crime side of the river.

      The high-crime side of the river had high crime in both circumstances. At best, with the data you're using in your argument, you can argue that taking away legal handguns didn't make a difference.

      That's the big problem with the gun debate. There are very few people involved capable of a rational argument. They know what side they are on, and emotionally, irrationally argue in support of their position, summarily dismissing any information that does not help their cause, while seizing on any bit that seems to support it, no matter how flawed.

    16. Re:US DOJ says by supabeast! · · Score: 1
      It was over 10 years after the passage of this law that DC became the murder capital of the nation.


      That doesn't mean that the city was safe when the law was passed. Crime in DC started getting really bad after the 1968 riots and kept getting worse for a long time.
    17. Re:US DOJ says by raehl · · Score: 1

      It seems like you are trying to say that the crime rate would be lower if nobody had guns

      Grr, I meant EVERYBODY had guns.

    18. Re:US DOJ says by delong · · Score: 1

      Ahh, OK. Yes, whenever the Bill of Rights refers to the people, it is designating individual rights. Not some sort of collective right, whatever that is. How does a collective have rights? Beats me.

    19. Re:US DOJ says by Anonymous Coward · · Score: 1, Insightful

      The U.S. Supreme Court declined to hear the case, letting the lower court decision stand. In other words, banning handguns does not violate the constitution, if SCOTUS thought the ban was unconstitutional surely they would have taken the case.

    20. Re:US DOJ says by rucs_hack · · Score: 1

      wasn't it mainly concerned with defence of the individual when america was scarcely populated and frankly, dangerous anywhere if you weren't defended?

      Back then there was no organized national/state police provision, or at least none of sufficient size to be able to say that people need not defend themselves.

      Good luck changing it though, it's also a multi billion pound industry...

    21. Re:US DOJ says by Spetiam · · Score: 1

      DC *does* generally contend with a select few cities for murder capital status.

      Guns laws aren't much better in Maryland, so I would expect the same problems to apply as in DC.

    22. Re:US DOJ says by delong · · Score: 0

      The U.S. Supreme Court declined to hear the case, letting the lower court decision stand. In other words, banning handguns does not violate the constitution, if SCOTUS thought the ban was unconstitutional surely they would have taken the case

      Not necessarily. Not granting cert is not a statement of approval. The US Supreme Court is highly selective in the cases that it accepts. If you tried to cite that case, cert. denied, as authority in any other circuit you'd rightly be thought an idiot.

    23. Re:US DOJ says by Gilmoure · · Score: 1

      What about the First Amendment?

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

      Can the people be construed to refer to only those who are part of a duly recognized and registered news outlets, religious groups and lobbyist groups? That would certainly cut down on negative reporting and let the government get on with governing instead of dealing with just anyone with a gripe or problem.

      --
      I drank what? -- Socrates
    24. Re:US DOJ says by Spetiam · · Score: 1

      The "collective right" logic would also render meaningless the 1st.

    25. Re:US DOJ says by The_Wilschon · · Score: 1

      A collective right is only somewhat nonsense. It only doesn't make sense if it is a collective declaring its own rights, although even that could make sense if it is a promise to other collectives, like a treaty. A treaty could be viewed as saying "we collectively waive our right to attack you".

      In other cases, where there is a hierarchy of collectives, though, it can make perfect sense. Consider state's rights. The federal government (a collective which is above the collectives called states) says "Ok, these things we reserve for you to decide. You, as a collective, but under us, have the right to {set your own speed limits, use the death penalty or not, etc}." So, the people of the great state of Texas have the collective right to set the speed limit on I-35E between Dallas and Italy. However, they do not have that individual right. Of course, I'm not checking my facts here, it may be that the speed limits are municipal rather than state rights... But I don't think so. Anyways, you get the point, right?

      OTOH, I heartily agree that the Bill of Rights refers to individual rights of each person, rather than any form of collective rights, ludicrous or otherwise.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    26. Re:US DOJ says by Anonymous Coward · · Score: 0

      Pretty sure the Department of Justice is condoning torture and crimes against humanity now. Not exactly the most credible source of opinion on such things.

      You're a fucking troll! The DOJ saves lives by extracting information from very bad people who want to see you just as dead as they want to see me. These are people that are not citizens, so they do not get any of Constitutional protections that you keep fighting to give them, while you would gladly strip it from me. They extract information by making them cold, stand around too long, listen to loud music and other psychological means. No physical harm comes to them. In their own countries, they would have their wives and daughters raped and their families killed to extract information... or just for fun. So don't go around thinking that GWB is the world's biggest terrorist and the US is the biggest abuser of human rights in the world or whatever else bumper sticker logic you wish to employ, because you're dead fucking wrong. You're hyperbole argument is complete bullshit.

      (I'm sure my karma will suffer because too many mods around here think that whoever is on the otherside must be terrorists who do whatever evil you can think of this week. "We must silence those that stand against free speech!" seems to be the attitude around here.)

    27. Re:US DOJ says by supabeast! · · Score: 1

      Gun control laws have consistently had as their targeted enforcement population the blacks of this country. Except nowadays, such laws are even endorsed by the NAACP and people historically targeted. That's what I find interesting.


      That may be true in some cases, but in the case of DC, the connection to race is circumstantial. DC's criminal population may have been largely black at the time--as it has long been in much of the nation--but in this case the law was not passed by people looking to repress blacks. It was passed by black people, who, having watched much of their city destroyed by riots and arson in 1968, their middle and upper-class of all races flee, and insurers and lenders--what few had ever been willing to work with urban minorities--abandon them, were desperate to try and bring order to their city. Had it not have been for the crack epidemic and influx of latin gangs in the decades the followed, the ban might actually have even had some effect.
    28. Re:US DOJ says by Spetiam · · Score: 1
      the law was not passed by people looking to repress blacks. It was passed by black people
      Yes, that's exactly what I find interesting. Gun control laws have historically and almost universally had as their object the disarmament and subjugation of people (in this country, blacks).
      Had it not have been for the crack epidemic and influx of latin gangs in the decades the followed, the ban might actually have even had some effect.
      Hmmm, maybe, but gun bans are not known for working. I could also argue that, amidst the crack epidemic and influx of latin gangs, the inability of DC residents to effectively protect themselves made them worse off than they would have been. We don't really have a control group, but what we do have is a large population lacking reasonable means of self defense due to restrictive gun laws and a criminal population that is not noticeably affected by the same laws.
    29. Re:US DOJ says by Gilmoure · · Score: 1

      And this would be bad? After years of tech support, it's pretty clear that most people are 'morans'. Do they deserve self determination when they can't even read or comprehend informational messages such as "Press OK to continue" or "Out of Paper". Maybe they could be put to better use such as a central tunnel support on the new Victoria Line.

      --
      I drank what? -- Socrates
    30. Re:US DOJ says by AuMatar · · Score: 3, Insightful

      Not at all. You frequently cite cases from other circuits. Lower courts are not bound by it as precedent, but they are taken into consideration by the judge.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    31. Re:US DOJ says by DragonWriter · · Score: 1, Informative
      Be that as it may, "the people" is never used in the bill of rights to refer to citizens collectively.


      That is a fairly blatant example of "begging the question", regardless of its accuracy elsewhere in the Bill of Rights.

      More importantly, even if it is interpreted as an individual right, it still is only a limit on the power of the federal government to infringe the right, unless its incorporated against the states by the 14th Amendment's due process clause; ironically, the same people that are most likely to argue that the 14th Amendment should not be read to apply the full force of the first amendment (particularly the religion clauses), or the fourth through seventh amendments (except the takings clause of the 5th) are also the most likely to argue that the 2nd Amendment and the Takings Clause of the 5th create individual rights that must be enforced against the states.

      The majority in Dred Scott knew this, which is why they said it was unthinkable that blacks could be citizens because then they could "keep and carry arms wherever they went."


      I think you need to read what leads up to that; since they are referring to the treatment under colonial and state law in the 13 original states to prove that at the time the Constitution was framed, it could not have been intended that blacks would be citizens, it is fairly clear that they aren't referring to the applicability of the federal RKBA under the 2nd Amendment, but rather state-law rights existing in the 13 original states that provided citizens with similar rights, to show that the states forming the US could not have intended that blacks could be citizens because very many of the states (particularly the slave states) could not have intended to be obligated to submit to giving black citizens of other states they same rights as they provided, under state Constitution and laws, to their own white citizens through the action of the privileges and immunities clause of Article IV, Section 2 ("The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.")

    32. Re:US DOJ says by fatboy · · Score: 1

      No, it was about the ability to violently overthrow a tyrannical government.

      --
      --fatboy
    33. Re:US DOJ says by Anonymous Coward · · Score: 0

      Interesting that it's mostly black criminals carrying the guns in DC. You know it's true.

    34. Re:US DOJ says by Slugster · · Score: 1, Insightful

      What's interesting is how (in the US)--the easiest way to correlate how much violent crime an area has is not by how many citizens own firearms, but by how many citizens collect welfare payments. In fact, a lot of common social problems seem to follow welfare recipients: unwed births, drug and alcohol addition, petty crime, auto theft, assault, rape, and so on. Has the NAACP ever tried to outlaw welfare programs?

      Also we note,,, -that the World Bank has extended massive amounts of money to various third-world shit holes, and many are still shit holes, 30+ years later. Rampant crime and corruption were the original reason for the loans--and yet those things still occur....

      Could it be that giving money to people who haven't earned it is not the wisest course of action?
      ~

    35. Re:US DOJ says by ari_j · · Score: 1

      If you are trying to say that guns cause crime, prove it. Remember to account for the counter argument that criminalizing gun possession in an effort to reduce the murder rate assumes that someone willing to commit murder is unwilling to possess an illegal firearm.

    36. Re:US DOJ says by Stormwatch · · Score: 1

      And that is true. It's logical. If it is a crime to have a gun, only criminals will have guns.

    37. Re:US DOJ says by Anonymous Coward · · Score: 0

      "That statement is flat out ignorant."

      No, it's not. Because you misunderstand it doesn't make it incorrect.

      The federal government frequently does and has withheld funding to the city government, which relies nearly solely on that aid. At the time the law was passed, in order to get future aid for economic growth, stipulations were placed on the city government.

      iow, white majority federal government put pressure on black government to pass gun law affecting predominately black population. That is effectively a Jim Crow law, which is what the other poster was accurately commenting on.

      "The DC handgun ban was passed by the democratically elected government of the city at a time"

      Who. Gives. A. Shit. The Patriot Act was also passed by a democratically elected government, albeit at the federal level. Doesn't make it right.

      In case you don't know, the city of DC is HUGELY dependent on the federal government. I don't mean that either regarding the obviousness that DC is the nation's capital. I mean that the city government gets nearly all its money after it has been approved by Congress and the like.

      The feds wanted the laws to pass, esp. after high profile hits such Reagan being shot. The feds want the city government to do something, they just threaten to withhold the purse strings.

      "when the population was over 75% black."

      Which actually supports it being a Jim Crow Law, because the law targetted a largely black (and disenfranchised in many ways at the time) population.

      (Not to mention, black history shows that a "black man" with a weapon is considered a more violent offender than a white inidividual; weaponry is a useless tool for political change for blacks in the US and has been for decades. You cannot separate the economic development programs esp. in real estate and housing and changes in urban development plans with the gun laws. They coincide too well. Blacks also hate gun crime more so than whites understandably so too because blacks, due to economic neglect for years, are the population most heavily affected. This changes their viewpoint hugely.)

      "It was passed as an attempt to keep people from killing each other when DC was still one of the most violent cities in the nation and has nothing to do with Jim Crow."

      Jim Crow, to me, means a law that differentiates between the rights of any race over that of blacks. This is what the laws does; as you state, 75% of the population was black.

      DC was an economic shithole at the time. DC was and still is dependent on the federal government for ALL their economic need; the feds wanted no guns in the city, they withheld the History supports again and again, tougher laws do not necessarily stop violence, but good economics do.[1] This is why during the late 90s, there was less violent crime generally nationwide but inclusive of most cities. Those cities that rose up on the murder rate list were also more likely those cities that did not benefit from the economic boom too. Good economics means less reason to commit petty crimes (that escalate into worse infractions), more people working instead of idling around, etc.

      If the rest of the nation actually gave a damn, they wouldn't be passing laws of "us versus them" but raising economic aid to violent crime areas. But in politics, no one waits and sees; they throw together a package and say "look at the improvement we gave you," with no clear indicator of what improved...oh, but your rights became more limited in the meantime.

      Yes, you can point out DC isn't ranked high anymore on the murder rate list, but DC underwent an economic boom (actually at least two, real estate then internet) as well as a housing boom too in the past 2 decades.

      Threaten any population with pass the law, or not get economic backing, and the population caves. Ask those states that were holdouts on the legal drinking age and had it at 18; they had to cave otherwise lose out on nearly all federal aid that continued going to s

    38. Re:US DOJ says by peektwice · · Score: 1

      If you look at U.S. vs. Verdugo-Urquidez you will see differently. The U.S. Supreme Court has determined that the people in the Second Amendment are the same as in the Fourth, and the same as the term "person" or "people" anywhere else in the Constitution. Does anyone actually fucking think that the people in the preamble are different than the people in the Second Amendment? I hope I'm not misunderstanding this post, because it looks like a troll to me.

      --
      Other than this text, there is no discernible information contained in this sig.
    39. Re:US DOJ says by nomadic · · Score: 1

      Not necessarily. Not granting cert is not a statement of approval. The US Supreme Court is highly selective in the cases that it accepts. If you tried to cite that case, cert. denied, as authority in any other circuit you'd rightly be thought an idiot.

      Actually that would probably be your most frequently used cite. In fact, if you submit a memorandum of law to a court and don't cite anything but binding decisions, they'd think there was something wrong with you.

    40. Re:US DOJ says by myowntrueself · · Score: 1

      That's the big problem with the gun debate. There are very few people involved capable of a rational argument.

      That applies to almost *any* debate, the handgun debate is not unusual in this regard.

      --
      In the free world the media isn't government run; the government is media run.
    41. Re:US DOJ says by jadavis · · Score: 3, Insightful

      That's the big problem with the gun debate. There are very few people involved capable of a rational argument. They know what side they are on, and emotionally, irrationally argue in support of their position, summarily dismissing any information that does not help their cause, while seizing on any bit that seems to support it, no matter how flawed.

      There are two issues:
      A. Does a government restriction on gun ownership, trade, etc. reduce violence?
      B. Is the ability to own, carry, trade, manufacture, modify, and transport firearms an important right?

      Not surprisingly, this makes for 3 types of people:
      (1) People who don't care much about (A), and want government bans or restrictions.
      (2) People who don't care much about (A), and don't want government bans or restrictions.
      (3) People who can be swayed by (A).

      I am the second type of person. I think these rights are important, and I am willing to pay the costs in terms of risk, if increased risk exists.

      However, I am rational enough to realize that question (A) is an empirical one, and the answer is different in different situations. I personally think that in the U.S., (A) is false overall. However, even if results show that (A) is true, I would not support bans or restrictions.

      I also don't buy for a second the idea that the Second Amendment is meant for anyone other than private citizens. The Second Amendment says "the right of the people" not "the right of the militia". The Constitution is very important, and if you value the other rights listed, you will not dilute the Second Amendment right. If you feel strongly against it, the only way to change it without destroying the Constitution is to Amend the Constitution to repeal the Second Amendment. I'd rather that happened than giving judges the power to re-interpret the Constitution to say whatever they want it to say.

      The Second Amendment is actually written more strongly than the First. The First Amendment merely prohibits Congress, and only with the 14th does it really have as much power as it does.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    42. Re:US DOJ says by Das+Modell · · Score: 1, Troll

      Alright, what the fuck? Why is it that I can't even fart in Slashdot's general direction without some extremist leftist fuckwit modding me troll or flamebait in a kneejerk fit of PC hysteria?

    43. Re:US DOJ says by u-235-sentinel · · Score: 1

      Pretty sure the Department of Justice is condoning torture and crimes against humanity now. Not exactly the most credible source of opinion on such things.

      Interestingly enough is those people they are committing crimes against humanity don't own a gun so they can't defend themselves. Yea Yea I know. Some of them were bad people WITH guns. Most OTOH are not involved and we're IMO in the wrong. If they all had guns they wouldn't have been as easily taken.

      Personally I think it's a bunch of B.S. that this is back up again. As I recall, Hitler first started forcing people to register their guns before he forced them to give up their weapons. We all know what happened next.

      Until the Police and Government are made responsible for my personal safety and can be relied on I'm keeping my weapons.

      BTW, Not a troll. I'm simply stating my personal opinion on the matter.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    44. Re:US DOJ says by rucs_hack · · Score: 1

      by that I assume you mean us? (UK) or the ability to stop a government of your own that went bad. Trust me, we won't be trying again...

      The US has a standing volunteer army now though, which kind of does that job. It's also the only standing army never to try and take over its own country is it not? Or one of the few. We can't say that, on account of Cromwell, though his wasn't a permenant army in the modern sense that I'm aware of

    45. Re:US DOJ says by caseydk · · Score: 1

      It was passed as an attempt to keep people from killing each other...

      And we all know that potential murders respect and follow gun laws.

      Whew, you saved us all. Thanks!

    46. Re:US DOJ says by bobbuck · · Score: 1
      So you would argue that freedom of speech is not an individual right either? (Not every individual is a member of the press...)

      I propose we solve this scientifically: We watch the other countries for a period of 500 years. If none of the countries with firearm bans become tyrannical and they all provide perfect security for their citizens then I will not actively oppose a gun ban at that time. On the other hand if countries like Sudan, Germany, Russia, China, or Cambodia would start slaughtering millions of unarmed people then I would expect that the rational people here would understand the need for free people to be armed and focus their wrath on those who commit violent acts instead of those who can.

    47. Re:US DOJ says by caseydk · · Score: 3, Informative

      Well, actually, here in Fairfax County, VA (just a few miles west of DC), for the past few years, we've had an "Open Carry" law with respect to firearms. And even according to the Washington Post, we're at a 20+ year low for violent crime:

      "Crime is at 20-year lows in the county," Lt. Col. Charles K. Peters pointed out, even though the population is soaring. The county's homicide rate was the lowest in the nation last year among the 30 largest jurisdictions. "Hopefully no one feels the need to carry a gun, lawfully or unlawfully," Peters said. "But there's no question it is lawful to carry a gun on the street. So we've had to ensure that all of our officers are updated on the nuances of Virginia law that allow citizens to carry firearms in public places."

      Source: http://www.washingtonpost.com/wp-dyn/articles/A504 16-2004Jul14.html

      Causation, not necessarily... but definitely correlation.

    48. Re:US DOJ says by jadavis · · Score: 1
      More importantly, even if it is interpreted as an individual right, it still is only a limit on the power of the federal government to infringe the right,

      Absolutely false. It says the "right of the people". You're thinking of the first, which says "Congress shall make no law...".

      If you need further proof, the 10th clearly states that:
      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

      The 2nd amendment prohibits the powers to deny citizens the right to keep and bear arms from the federal and state governments, so therefore it is reserved for the people.

      ironically, the same people that are most likely to argue that the 14th Amendment should not be read to apply the full force of the first amendment (particularly the religion clauses)

      Umm, proof? Don't argue against a point not made. Many people who value the Constitution value all of the Amendments, interpreted according to the English language as English existed at that time. That means I think it's a violation for Congress to establish religion. I basically think religion should be viewed as any other opinion or belief is by the government (because anything else establishes religion in our laws).
      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    49. Re:US DOJ says by toxicity69 · · Score: 4, Interesting
      From your own link: CITIES OF 500,000 OR MORE POPULATION: (32 cities) Most Dangerous 10: 1 Detroit, MI 2 Baltimore, MD 3 Memphis, TN

      4 Washington, DC

      5 Philadelphia, PA 6 Dallas, TX 7 Nashville, TN 8 Charlotte, NC 9 Columbus, OH 10 Houston, TX
    50. Re:US DOJ says by jinxidoru · · Score: 1

      The difference being the fact that the 2nd amendment makes direct reference to the collective to which it is referring. I'm not saying that I necessarily believe the collective argument, but accepting a collective interpretation of the 2nd amendment does not affect the interpretation of other amendments because they do not refer to a collective group (i.e. a well-regulated militia).

    51. Re:US DOJ says by mrcparker · · Score: 1

      No, violent crime down due to poverty being pushed out of DC. You said it yourself, real estate values are going way up in DC.

    52. Re:US DOJ says by NormalVisual · · Score: 1

      Had it not have been for the crack epidemic and influx of latin gangs in the decades the followed, the ban might actually have even had some effect.

      Or, "We passed this extremely stringent gun ban, and were sure in our predictions that it would sharply reduce crime. We weren't counting on a bunch of criminals to totally ignore these shiny new laws - who'd have guessed that of crooks?"

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    53. Re:US DOJ says by scromp · · Score: 1

      No. It is for us to be able to overthrow *our own* tyrannical government, should it become necessary.

    54. Re:US DOJ says by NormalVisual · · Score: 1

      Until the Police and Government are made responsible for my personal safety and can be relied on I'm keeping my weapons.

      Don't forget "and can be held legally accountable for the lack to do so."

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    55. Re:US DOJ says by DragonWriter · · Score: 1
      Absolutely false.


      No, its not

      It says the "right of the people".


      Yes, it does say that. The history of the debates over the amendments and the pre-14th amendment interpretation by the courts make it clear that where the Constitution doesn't expressly limit the States, its provisions limit only the power of the federal government. Most of the rights in the Bill of Rights don't say who they apply against, and none of them were applied against the states until the 14th Amendment, and several haven't been (at least not as fully as they apply against the federal government) even after the 14th Amendment. (The seventh amendment is perhaps the most clear example of an entire amendment that has never been applied to the states, not even a little bit, and without the degree of controversy surrounding the 2nd, despite the fact that it, too, has no language limiting it to applicability against the federal government; for an amendment applied differently to the states and federal government, the 5th Amendment is a good example, since most of its provisions are applied to both, but the indictment requirement is not applied to the states.)

      Its important to read not just the words, but consider the context: the Constitution is entirely about the federal government, it only concerns other things when it says it does.

    56. Re:US DOJ says by kimvette · · Score: 1

      Our founding fathers were pretty clear in their peripheral writings (letters and whatnot) that the second amendment proposal was for INDIVIDUALS, for the purpose of the PEOPLE retaining the absolute right to overthrow a tyrannical government when the constitution is ignored and when people's inherent inalienable rights are being infringed (e.g,, right to vote, right to worship freely, freedom from taxation without representation, right to own property). We have in essence lost the right to own property (buy a house and try not paying property taxes; the government claims they have the right to take your home), and lost our representation (congress is bought and paid for by the economic elite, so you choose between Corp X's Candidate A or Candidate B).

      What they meant was "well-regulated militia" was individuals who not only owned weapons, but knew how to use them to effectively kill or maim tyrants (I'm in favor of maiming rather than killing; I believe assholes should be forced to live with their remorse for mistreating others).

      What lawyers do is they read the Constitution, ignore peripheral writings by those who drafted the law, and take those writings out of context. If they want to refer to other writings, they compare against OTHER nations' laws (how the Hell do they get the idea that THAT is legal?) for their arguments.

      And as far as AC's comments regarding abortion goes: The Constitution guarantees the right to life. How is it the laws are interpreted such that a human is not a human until it fully exits the body? That certainly is not a scientific conclusion.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    57. Re:US DOJ says by Z1NG · · Score: 1

      Maybe the leftist fuckwits modded you troll because bigot isn't one of the options.

    58. Re:US DOJ says by Anarke_Incarnate · · Score: 1
      Fat lot of good that did. Banning guns is like moving a Deer X-ing sign because you want the deer to cross elsewhere. It is stupid. Those who abide by laws will not have guns. Those who do not care about laws will still have them. This puts them at a disadvantage along with advertising to criminals that their prey is defenseless.

      Places where gun ownership is encouraged have shown a decrease in violent crimes. The problem is not guns nor is it law abiding citizens. What we need is a ban on criminals.....

    59. Re:US DOJ says by delong · · Score: 1

      Actually that would probably be your most frequently used cite. In fact, if you submit a memorandum of law to a court and don't cite anything but binding decisions, they'd think there was something wrong with you

      Seriously? Because the appeals courts I write briefs for seem to disagree.

    60. Re:US DOJ says by wan23 · · Score: 1

      Why is it that I can't even fart in Slashdot's general direction without some extremist leftist fuckwit modding me troll or flamebait in a kneejerk fit of PC hysteria? Well, if you happen to be a crazy trolling fucktard who, by the way preys on innocent children, then it only makes sense to mod your comments that way. Not that I know that to be true or have anything with which to back that up, but IF... If you have a problem with what I just said then you deserve the troll/flamebait moderation. If not, then you're either an idiot or I described you perfectly and you're proud of it. Either way...

    61. Re:US DOJ says by NormalVisual · · Score: 1

      The US has a standing volunteer army now though, which kind of does that job.

      That in itself flies in the face of the intentions of the framers - there is a prohibition in the Constitution forbidding the allocation of funds in support of an army for more than two years. The idea was that there wasn't supposed to be a standing army, and that any organized army should be swiftly assembled and then dissolved as the need dictated. Instead, we currently have exactly the situation that the authors were concerned about, and the two-year limitation is largely administrative now.

      With an army structured as originally intended, we'd also have the bonus of having a pretty damn hard time getting ourselves into situations like Vietnam and Iraq.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    62. Re:US DOJ says by wan23 · · Score: 1

      Oops that's what I get for not using the preview button...

      The "Why is it that I can't even fart...PC hysteria" part was a quote from the parent, and the rest was me explaining why saying "If xyz" instead of "xyz" doesn't get you off the hook for saying some incendiary xyz without anything to back it up...

    63. Re:US DOJ says by jamstar7 · · Score: 2, Funny
      And people wonder why one of my fave t-shirts back in the day was one that had the barrel of a handgun pointed at the reader with the words "Come back to Detroit / We missed you the first time" on it.

      Wish I knew where that one ran off to...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    64. Re:US DOJ says by Anonymous Coward · · Score: 0

      we all KNOW what kind of utopia that made Chicago.

    65. Re:US DOJ says by TheRaven64 · · Score: 2, Interesting

      I am the second type of person. I think these rights are important, and I am willing to pay the costs in terms of risk, if increased risk exists. I find this the hardest position to understand. Rights like freedom of speech, and freedom of assembly I can see might be worth giving up some safety for, but why do you feel gun ownership is in this category?

      I am not an America, and I have never owned a gun, so perhaps I don't have the correct perspective on me. I used to shoot, and did quite well in competitions, but I don't believe competition or sport related shooting is the issue being discussed here. Surely the only justifiable reason for allowing people to own and carry guns is that it makes them more safe. In my mind, this safety means:

      1. Safety from fellow citizens, and
      2. Safety from the government.
      When it comes to the first one, I have yet to see any good evidence either way; I've seen anecdotal evidence that guns make people more and less safe, but nothing conclusive in either direction, and this seems to be a big part of the argument. When I attended a talk by the NRA, they pointed out that Switzerland had higher gun ownership than America but much lower violent crime rates (which, to my mind, seemed like a good argument for not letting Americans have guns, but I digress) so there doesn't seem to be a strong correlation between gun ownership and violent crime.

      The second one is much harder. Overthrowing oppressive governments is a duty of free citizens, but fortunately most of us who post on Slashdot have a non-violent means of doing this every few years by voting. Often we don't get the choices we want, but nothing is stopping us from putting up our own candidates. Near the start of the last century, we were given a good demonstration in Germany of how easy it is to corrupt a democratic system, so perhaps some additional safeguards are required. Does a gun do this? Well, maybe shooting the odd politician might be beneficial, but I doubt it. In the end, it comes down to effective weapons, and the most effective weapons is information. A civil war in any technological society is likely to be decided by which side the majority of the military takes, and so the means to persuade the military to side with the people against the government is far more valuable than a gun.

      --
      I am TheRaven on Soylent News
    66. Re:US DOJ says by Anonymous Coward · · Score: 0

      These idiots need to read the federalist papers and the speeches by the founding fathers...there is no uncertainty whatsoever about what the 2nd ammendment means..

      Samuel Adams: "The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms."

    67. Re:US DOJ says by Anonymous Coward · · Score: 0

      If we cannot interrogate enemy POWs, then we should just shoot them on the battlefield. What use are they to capture?

      If the enemy gets their way, then we have no country. If we have no country, then we have no rights or humanity to protect.

      If the second amendment only applied to the "militia," now a standing army, it would basically read: "The army has the right to bear arms". That sounds rather silly doesn't it? What army doesn't bear arms? Why do they need it spelled out in the Constitution? They don't. The problem is that the federal government has gotten too powerful and corrupt, and the income tax is primarily to blame.

      The constitution is to protect the individual from the state (i.e. the collective), not the collective from the state (which doesn't make sense in a Democracy). We live in a Republic, which is basically a Democracy that protects individual liberties from the majority (er "state").

    68. Re:US DOJ says by jadavis · · Score: 5, Insightful

      In my mind, this safety means:

            1. Safety from fellow citizens, and
            2. Safety from the government.


      Neither of those are, at their heart, rights, nor are either of those the basis for a right. Both of those are still empirical questions, and nothing more. Does freedom of speech increase or decrease the incidence of spontaneous combustion? It doesn't matter, freedom of speech is a right.

      The basis for the right to bear arms is the right to defend yourself. If you depend on the government for all of your safety, then the rest of your rights are meaningless. Consider this: if the government doesn't like you, and you depend on the government for your safety, all they have to do is stop making you safe from people that can harm you. They may release people from prison, or not put someone in prison that they should. Or they just might make it a well-known fact that they will not protect you, and wait for non-governmental citizens to have their way with you.

      Think if you're a black person in the deep south a few decades ago. Perhaps everyone knows that the government won't arrest someone for hurting or stealing from black people. It's a form of passive punishment, and it's very real. It's happened in a million forms throughout history, and the founders knew that. It's a way of passing the buck saying "we didn't kill him" when they just didn't provide the protections necessary such that he wouldn't be killed.

      You can't stop all forms of passive punishment by governments, but allowing citizens to defend themselves closes an important loophole.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    69. Re:US DOJ says by Das+Modell · · Score: 1

      How exactly am I a bigot? Please explain in detail.

    70. Re:US DOJ says by nomadic · · Score: 1

      Seriously? Because the appeals courts I write briefs for seem to disagree.

      I am curious as to which appeals court this is, as citing non-binding authorities, whether from other courts or treatises is extremely common. In fact, assuming it's a court that releases opinions, I guarantee you I can find several cases published by your court that will cite non-binding decisions as authority.

      In the situation above, if you want to extend the 7th circuit decision to another circuit, of course you're going to cite it, and you're going to cite it prominently, including the court's rationale and the authorities THEY relied on. You honestly don't think the court wouldn't find it weird if you make the same arguments the prevailing party did in that case, without citing the case?

    71. Re:US DOJ says by Das+Modell · · Score: 1

      ...

      Huh? That made no sense at all. None whatsoever.

    72. Re:US DOJ says by rucs_hack · · Score: 1

      ah yes, my US history is rusty. The idea was that the civilians be able to form a militia, but no group be powerful enough to pose a threat. I've been meaning to study US history more, I must get on with that.

      It's probably our fault anyway, if us pesky europeans didn't keep starting wars you guys wouldn't have needed one anyhow.

      Vietnam was, so far as I'm aware, almost entirely the fault of the french for not wanting to let go of Vietnam, and getting the US involved (among other nations). also, had the european superpowers not insisted that the middle east be parcelled up after WW1 (post the arab revolt, which had at it's heart some pretty sound ideas) and filled with western sanctioned puppet governments in the first place (to prevent the rightful owners of the oil from getting too much power over the west), I doubt any of this would be happening today. Alas that chance was lost a very long time ago. Boy were we ever dumb....

      The US does share some of the blame for that, but they definatelly didn't start it, and possibly wouldn't have initiated it on their own. The only time america has fought a war which europeans didn't start, being that against Japan, it did a pretty good cleanup job after the event.

    73. Re:US DOJ says by jadavis · · Score: 1

      Slashdot have a non-violent means of doing this every few years by voting.

      Voting is not perfect. Democracy tends to be a bunch of politicians buying votes with other people's money. It's the best we have, but it's far from perfect. The Constitution is actually a limit on democracy more than anything else.

      A civil war in any technological society is likely to be decided by which side the majority of the military takes

      Don't think about it in terms of winning and losing, think about it in terms of incentives, odds, and game theory. If only a select group has effective weapons, they don't really care about oppressing other groups. If there's a civil war, they'll still be on top after they quell the uprising.

      If everyone is armed, probably nobody will win. But the government busybodies know that it's really a toss up who ends up in which position at the end. In all likelihood, they'll be shot, the dissidents will be shot, and some faction or another will take over. The trick is that nobody knows whether they will be a part of the winning side or not.

      And ultimately, it's more of a bargaining chip. Citizen-owned weapons are kind of like the MAD of the cold war. If it's one-sided (i.e. only the government has guns), there's no reason for them to not exercise their power.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    74. Re:US DOJ says by delong · · Score: 1

      I think we're talking past each other here. My argument is: citing to another circuit's case that had cert denied as binding authority for a proposition will get you nowhere with a court. Just because SCOTUS denies cert does not make that case authoratitive in any sense of approval by the Supreme Court. The parent was trying to say that because cert was denied, that implied approval. That's wrong.

    75. Re:US DOJ says by badasscat · · Score: 0

      I also don't buy for a second the idea that the Second Amendment is meant for anyone other than private citizens. The Second Amendment says "the right of the people" not "the right of the militia".

      You need to read the amendment again.

      "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."

      Read it. Read it carefully. And most importantly, read it all.

      "the right of the people to keep and bear arms" is one clause in a longer sentence specifically relating to the necessity of a well regulated "free state" militia. It is neither the focus of the amendment, nor is it an individual "right" that you can pull out of the amendment. It does not stand on its own; it is not separated by a semi-colon or a period. It is separated by commas, as part of a sentence establishing well regulated militias. It is not a clause that exists in the absence of context.

      I realize that various people, including branches of our own government, have interpreted it differently over the years. But it is pretty unambiguous if you ask me, and I don't see how you even could interpret it in any other way than was intended - unless you had some personal or vested interest in misinterpreting it. If you enjoy gun collecting and have spent $50,000 on your gun collection, what are you going to think that amendment says? You're going to think it supports your "right" to have such a gun collection, because you don't want $50,000 worth of stuff taken away from you. You're going to read it in a way that supports your own purposes. And that's the problem - we have so many gun owners in this country that selfishly want to protect their investments and their misguided feelings of personal safety (despite the fact that statistically, you are in more danger of getting shot if you own a gun than if you don't) that it is almost impossible to convince a majority that the 2nd amendment says what it actually says rather than what so many wish it said.

      But the purpose of the amendment is to protect the existence of what we now call the National Guard. It was an amendment that protected the rights of the states to have their own militias to act as a check against the federal army. It was a compromise to satisfy the advocates of states rights, many of whom felt a strong national government needed to be balanced by explicit rights given to the states, including militarily.

      By the way, those of you talking about DC's murder rate despite its gun restrictions need to realize where it is those guns are coming from. Take a look at the statistics sometime. They're not coming from DC.

      You also might want to look at a city like New York, which has some of the most restrictive gun laws in the nation and is also the safest large city in the country. In its case as well, the vast majority of guns confiscated in crimes in New York were legally purchased in places like North Carolina and Virginia, where gun laws are much more relaxed. The theory that tougher gun laws means only criminals have guns is only true when those laws are enacted piecemeal. Even so, you can't argue with the crime statistics. All you need to do is compare New York to, say, Dallas, which is in an area with less restrictive gun laws state-wide and in fact regionally. (Dallas itself has gun restrictions, but like DC, it proves the point that these laws need to be at least regional, and preferably national. I mean, criminals do own cars.) Go ahead and click that link.

      The results of tough gun laws - when enacted and enforced properly - speak for themselves, as does the 2nd amendment.

    76. Re:US DOJ says by Zaphod2016 · · Score: 3, Interesting

      I think the bigger division is in regards to issue (B): Is the ability to own, carry, trade, manufacture, modify, and transport firearms an important right?

      For example, Long Island, NY is a very anti-gun place. Very few Long Islanders hunt, and gun enthusiasts are few and far between. The typical Long Islander will only encounter a gun during a crime, and so, guns carry a very negative opinion. The prevailing view on LI is, if it makes us safer, we don't need guns.

      On the other hand, Denver, CO is a very pro-gun place. Hunting is popular, and many gun enthusiasts live there. The typical Coloradian has been exposed to guns in friendly social settings, and so, they do not carry as negative a stigma. The prevailing view in CO is, the 2nd Amendment is an innate right, granted to man by the Creator directly.

      I think the best one-liner on gun laws is as follows: if guns are outlawed, only outlaws will have guns. However, I know from experience that anti-gun voters will roll their eyes at that little gem.

      To them I say: consider marijuanna. Marijuanna has been illegal throughout my entire lifetime (born 1980) and yet, I have known casual marijuanna smokers in Colorado and in Long Island. They are criminals, each and every one of them, but they are not persuaded by the law. Some cite cultural or spiritual reasons, others simply like it, but they all agree: bugger off with your rules, this is what FREEDOM is all about.

      As my grandpappy used to say: true freedom is the freedom to make mistakes.

      - Zaphod (100% pro-2nd Amendment, despite the fact I've never used a firearm)

    77. Re:US DOJ says by jadavis · · Score: 1

      Its important to read not just the words, but consider the context: the Constitution is entirely about the federal government, it only concerns other things when it says it does.

      And here, it says "the people". The Constitution either assigns powers to a part of the federal government, or reserves them for the people. Anything else is left for the States. In this case, it reserves the right to the people, with 100% clarity.

      Your only example that includes the word "people" is the 5th.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    78. Re:US DOJ says by dave562 · · Score: 1
      The basis for the right to bear arms is the right to defend yourself. If you depend on the government for all of your safety, then the rest of your rights are meaningless. Consider this: if the government doesn't like you, and you depend on the government for your safety, all they have to do is stop making you safe from people that can harm you.

      This puts me in mind of something that I have considered off an on for a while now. I live in Long Beach, CA and have been through some of the more crime ridden parts of southern California (north Long Beach, Lynwood, Compton, Watts, Vernon, etc). The simple fact of life in many of those places is that there are not enough police to effectively protect the population. Crime runs rampant in some of those neighborhoods and if you are silly enough to wait for the police to come help you out, you are going to be quite disappointed when they show up six hours after the fact.

      Although it will never fly, there are some cities in this country that could really use a well organized militia. There are places where responsible gun ownership could make a difference. I personally know people in the LA Sherrifs Department and the LAPD. There are parts of the city that they will not go into with less than three or four cars worth of officers. The locals are so heavily armed that to try to enforce the law will get you killed. Unfortunately for the residents who live in those places, they just have to suck it up and suffer.

      The problem that I see with legalizing firearm ownership with something like an open carry law is that for the first few years, the streets would be a war zone... even more so than they are right now.

    79. Re:US DOJ says by broody · · Score: 1

      ...I don't believe competition or sport related shooting is the issue being discussed here.

      DC is highly restrictive. If you did not purchase your gun pre-ban, you must get a permit to purchase which are never granted and there is no one who will sell you a gun. Its absurd.

      --
      ~~ What's stopping you?
    80. Re:US DOJ says by Steve+B · · Score: 1

      statistically, you are in more danger of getting shot if you own a gun than if you don't

      Statistically, you are in more danger of drowning if you own a life jacket than if you don't.

      Statistically, you are in more danger of death from an allergic reaction if you own an Epipen than if you don't.

      The common mechanism behind all three of these facts is left as an exercise for the student.

      --
      /. If the government wants us to respect the law, it should set a better example.
    81. Re:US DOJ says by jadavis · · Score: 1
      "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."

      Read it. Read it carefully. And most importantly, read it all.


      I have. Many times. And I still fail to see how you can arrive at that conclusion objectively.

      Clearly, it's saying that someone's right to bear arms shouldn't be infringed. The only possible "someones" are the federal government, the state, or the people. The militia is not a separate level; it's at whatever level that controls the militia. And the only way the 2nd Amendment would have ANY MEANING AT ALL is if the "someone" is the people of the US.

      So, what do you think the meaning of the 2nd Amendment is? For whom is it listing the right to keep and bear arms? From whom does this right need to be protected? I argue that it must mean exactly as it says: "the people" are the ones with the right, and it is protecting this right from infringement by the state and federal governments.
      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    82. Re:US DOJ says by waferhead · · Score: 1

      The NRA could do an end run around the whole issue by holding a "training and weapons certification" drive. (And become more useful to it's then probably growing membership)

      Don't liscence the weapon, train the user.

      Well regulated militia == Well trained "Army of One" (TM) ???

    83. Re:US DOJ says by jadavis · · Score: 1

      The problem that I see with legalizing firearm ownership with something like an open carry law is that for the first few years, the streets would be a war zone... even more so than they are right now.

      Why do you say that? I don't have enough data to dispute it conclusively, but that just doesn't make sense. The locals are already "heavily armed" and I assume you're not talking about law-abiding citizens. So how would responsible gun ownership be a negative?

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    84. Re:US DOJ says by Anonymous Coward · · Score: 0

      Shut the fuck up!

    85. Re:US DOJ says by Merusdraconis · · Score: 1

      If it's not a crime to have a gun, criminals *and* potential criminals will have guns. More people to defend oneself from.

    86. Re:US DOJ says by GPierce · · Score: 1

      An interesting thread. Everyone has an opinion. So just to confuse things, I thought I's throw in a few facts.
      After the revolution, one of the more interesting historical events at the time was Shay's rebellion which occurred in 1786 - prior to the ratification of the constitution and well before the Bill of Rights.

      "During an economic depression, with farm prices low and foreign markets closed, the state government was taxing the farmers (payable in hard money only) to pay wealthy eastern creditors who had lent depreciated paper (accepted at full face value) to the state government for bonds during the war." - Wikipedia

      In plain English, the farmers were being royally screwed by the merchants and bankers. And by the lawyers who got a cut out of the proceed of seized property.

      If you care about the details, Wikipedia has a lot more information.

      The rebels were not that well armed and failed to capture the armory at Springfield. They were put down by a private mercenary force, paid for by the Boston bankers.

      Just to demonstrate that politics and hypocrisy never change, one of our leading revolutionaries, Samuel Adams was quoted as saying:

      "In monarchy the crime of treason may admit of being pardoned or lightly punished, but the man who dares rebel against the laws of republic ought to suffer death".

      Needless to say, it did not go well for the rebels, but in the end only two were hanged for their participation in the rebellion.

      "On Nov. 13, 1787, Thomas Jefferson wrote a letter to New York senator William S. Smith saying, "A little rebellion now and then is a good thing. ... God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty. ... And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure." - Wikipedia

      If you are going to quote the founding fathers, it might be useful to do so in context. The above statements by Jefferson, so often quoted, were made in response to the failed rebellion.

      --

      When you are dancing with wolves, never limp
    87. Re:US DOJ says by Bluesman · · Score: 1

      You only need to look at recent events in New Orleans, Louisiana, after hurricane Katrina, to understand why having a gun for personal protection is a right, and a sensible one at that.

      Just because society operates a certain way today doesn't mean it will be that way forever. In fact, if you are basing your assumptions on the entirety of human history, it's guaranteed that YOUR government WILL fail. It's just a matter of when.

      Until you can guarantee me that my government will not fail, and will protect my personal safety in all cases, I'll keep my guns, thanks.

      (Note: in the U.S. the police are under no legal obligation to protect any individual from personal harm.)

      --
      If moderation could change anything, it would be illegal.
    88. Re:US DOJ says by u-235-sentinel · · Score: 1

      Don't forget "and can be held legally accountable for the lack to do so."

      Agreed. The last few times police have been taken to court for screwing up (like not showing up to protect a woman after a 911 call complaining about that rapist at the door).

      According to the Supreme Court, police are NOT responsible for our personal safety. If they don't show up to a 911 call and someone get's killed or raped or whatever then it's not their fault. Even though we're paying them through taxes. I was stunned to read this ruling.

      I've had many heated debates with my family and friends on this subject. Some really good ones and I'm not saying the anti gun camp doesn't have good arguments. They simply can't figure out what to do with this environment we all live in to ensure we're protected by the Government from the Government and it's public servants.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    89. Re:US DOJ says by Anonymous Coward · · Score: 0

      ...branches of our own government, have interpreted it differently over the years. But it is pretty unambiguous if you ask me...

      Anyone around here remember asking him?

    90. Re:US DOJ says by paitre · · Score: 1

      And they do, considering that Baltimore has the #2 murder rate of large cities in the country (as earlier shown).

      And then we can look immediately south and see what Shall Issue concealed carry laws do to violent crime rates.

      Wake the fuck up, people.

    91. Re:US DOJ says by Anonymous Coward · · Score: 0

      What do these cities all have in common? Poor black people (also, in the East). Note that Los Angeles, once a stereotypically "dangerous" city, isn't even on the top 10 list despite being in California, a state with much more stringent gun laws than Tennessee (two cities on the list, and doesn't even have close to the largest cities), Texas (which notably has very loose gun laws and TWO of its large cities are dangerous), North Carolina... if letting people tote guns makes you so safe, why are -half- the cities on the top 10 list Southern cities?

      Of course, one could make the argument that people on the West coast are sane and far more peaceful, whereas people on the East coast and in the South are insane and violent, which is probably the more correct interpretation of the data. Then again, consider California has San Diego, the Bay Area, AND Los Angeles, all of which are megacities and yet somehow none of them make the top 10 list. California also has stricter gun laws. So are we to conclude that California is actually far safer than it would be otherwise, given it historically had higher crime rates and still has a lot of poverty?

      I think that may be fair.

    92. Re:US DOJ says by Bacon+Bits · · Score: 1

      The way I've always heard the 2nd Amendment explained is: "Because the government plans to use militias to protect itself from foreign invaders and such, individuals should be allowed to have their own firearms to protect themselves from the government."

      --
      The road to tyranny has always been paved with claims of necessity.
    93. Re:US DOJ says by falconwolf · · Score: 1

      The United States Department of Justice says that the 2nd amendment is an individual right

      That's about the only stance of Bush's that I agree with, the Second amendment being an individual right.

      Falcon
    94. Re:US DOJ says by atriusofbricia · · Score: 1

      I must point out that in the areas of the country that already have open carry, no war zone has developed. Despite the propaganda of certain organizations, most people are not willing to kill another, and if they are armed take the risk of getting killed themselves, over stupid things. If one thinks about it, no rational person would. And the irrational will likely do it whether there is a law or not.

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    95. Re:US DOJ says by Greger47 · · Score: 1
      So, how many deaths per year are caused by passive marijuanna smoking, and how many are there by "But, but, it wasn't supposed to be loaded!"?

      /greger

    96. Re:US DOJ says by Anonymous Coward · · Score: 0

      Voting against the party in power is not the same as overthrowing the government, by any measure. The government to be overthrown is the system in place, not the party who currently controls it. Voting is a check against government action, but the threat of citizens' overthrowing the system of government is a check against government authority. Posted AC because I have mod points this week.

    97. Re:US DOJ says by srmalloy · · Score: 1

      Additionally, the term 'regulated', which for most people -- and, it seems, all of the gun-control advocates -- means 'restricted/controlled by law', it actually has another meaning that, while restricted in use, is still extant. 'Regulation' is a term for the process of adjusting the sights on a firearm so that where you aim is where the weapon will shoot. From American Handgunner, March-April 2003:

      The choice of fixed or adjustable sights is a of compromise. Fixed sights are simple and tough, since there is little that can go wrong. Once sighted in they are unlikely to go out of adjustment. The disadvantage is they are more difficult to regulate and they commit the shooter to a specific load.

      A 'well-regulated' firearm is one that has had its sights adjusted so that, when you pull the trigger, you'll hit where the sights are aimed. The same usage would also imply that a 'well-regulated' militia is one that can hit what they're aiming at. While it may be a stretch to make that extension, it is also true that, if the 2nd Amendment merely protects a state's authority to raise and maintain militias, the phrase 'the people' would not have been necessary in the wording, and it would have stated more clearly that the right was reserved to the states, as similarly stated elsewhere. And we have the judicial decision in United States v. Verdugo-Uriquez, 110 S.Ct. 1056, 108 L.Ed. 2d 222, 232-33 (1990) that, while focussing on the Fourth Amendment, cites the First and Second as well in concluding that the phrase "right of the people" is a term of art used throughout the Bill of Rights to designate rights pertaining to individual citizens (in contrast to the states).

    98. Re:US DOJ says by DragonWriter · · Score: 1
      The Constitution either assigns powers to a part of the federal government, or reserves them for the people. Anything else is left for the States.


      First of all, you are wrong, the Constitution, expressly, does all of these things:
      1. Assigns powers to parts of the federal government
      2. Assigns powers to parts of the state governments (for instance, assigning the method of choosing Presidential electors to the state legislatures.)
      3. Expressly denies powers to the federal government in general or specific portions of that government.
      4. Reserves powers to the states without assigning them to any part of the state government
      5. Directs action by the states (extradition clause of Article IV, Section 2)
      6. Reserves rights to the people.
      7. (In the past; Amendment XVIII) Directly prohibits individual, nongovernmental conduct.

      Second, you seem to being looking at only one side of the rights issue. There is both the issue of who it belongs to and who it works against. Except where they are specifically states otherwise, Constitutional rights or powers that are reserved to someone other than the federal government (whether they belong to individuals or state) are only reserved (by the federal Constitution) against the federal government. Now, with powers reserved to the states, this doesn't matter, because there is no one else to consider them against. With rights of individuals, however, they don't apply to states except through provisions that expressly limit the powers of the states, which is why none of the Bill of Rights were applied to the states (though most states had broadly similar protections in their own law) by the federal judiciary until the 14th Amendment was held to apply (some of) them to the states through the action of the "due process" clause, an express limit on state power.

    99. Re:US DOJ says by Evilest+Doer · · Score: 1
      Remember to account for the counter argument that criminalizing gun possession in an effort to reduce the murder rate assumes that someone willing to commit murder is unwilling to possess an illegal firearm.
      What you are forgetting to take into account are all the incidence of murders committed as "crimes of passion". While it is true that someone wanting to commit a premeditated murder will not balk at finding a gun illegally, reducing gun ownership will eliminate a lot of the murders committed in the second and third degree. It is much easier to grab a gun and pull the trigger a few times than it is to repeatedly stab someone with a knife.


      This is also similar to how killing works with soldiers. It is easier for a soldier to kill someone on the battlefield if they are just "shooting into the brown [set of uniforms]", or bombing from thousands of meters up, or by remote control, than if they are up close and personal with their target.

      --
      I feel like death on a soda cracker.
    100. Re:US DOJ says by ari_j · · Score: 1

      The ignorance of your "shooting into the brown" comment aside, you are absolutely wrong about it being easier to kill someone with a gun than a knife. Moreover, you are absolutely wrong that it makes any difference what the weapon is when the passion to kill arises.

      All that to one side, I never ignored crimes of passion. I may have been unwise to use the word 'murder,' as the statistics put D.C. near the top of the homicide list. The statistics are absolutely against you on this. Even if the statistics were unclear, your comment seems to boil down to a claim that heat-of-passion homicides are vastly higher in gun-rights states than they are in defenseless victim zones like D.C. That simply isn't the case.

    101. Re:US DOJ says by Deskpoet · · Score: 1

      How exactly am I a bigot? Please explain in detail.

      Ok. Let's review from your earlier post .....

      Well, if blacks commit a disproportionate amount of violent crimes, then clearly it makes sense to take away their guns, although I have no idea how this actually works.

      When you group people such that you "take away their guns" (meaning, effectively, taking away weapons from EVERY black person), it's pretty understandable that you'll be viewed as a racist. The phrase "I have no idea how this actually works" doesn't save you because your view is already out there--established in the previous phrase; you just stated that you believe they SHOULD be stripped of their weapons, and that it's more a question of a logistics as to how to do it than *why* it should be done. Referencing statistics that may or may not exist to support this position doesn't make those stats unimpeachably correct any more than stating they exist makes them a reason for supporting the stripping an of entire (race) group of a (dubious) right. Couple that with your seeming cavalier attitude ("Well, if blacks") about the suggested course of action, and one would hope you might be able to understand why people reacted as they did to your post. Apparent positions such as yours often find expression in other ways regarding other peoples: by proffering "statistics" about that Other Group to direct a course of action based solely on that group's race, it isn't a small leap to calling you--and being correct in doing so--a racist.

      Incidentally, if you put the word "white" in that phrase instead, it would make you no less a racist. Taking weapons out of *any* group's hands is an act of structuralist oppression, regardless of the racial element. (The only reason to deprive someone a weapon is to more effectively control them to suit the purposes of the established order.) However, given the historical oppression people of color have suffered in this country, it certainly adds fuel to the fire of outrage against your statement, and makes those mods far more understandable in the immediate context.

      Does that help?

      --
      "The more corrupt the state, the more numerous the laws."--Tacitus, The Histories
    102. Re:US DOJ says by Intrinsic · · Score: 1

      Good Argument, thanks.
      I still think the focus needs to be placed on education (mental health) (Equality) (respect for human life) before we start thinking of banning weapons outright.

    103. Re:US DOJ says by atriusofbricia · · Score: 4, Informative
      Gee, why ever would someone from The City misread the Second like that. I'm sure it's never happened before!

      All you have to do is consider why the states would need such an amendment in the first place. There is no need for the Second to preform that task as the Tenth already does so:

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.


      Furthermore, the creation of state "militias" can be handled under Article I, Section 10:

      No state shall, without consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace...


      And now some quotes on the subject:

      No free man shall be debarred the use of arms.
              Thomas Jefferson, Proposal for a Virginia Bill of Rights, 1776

      To preserve liberty it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them.
              "Letters from the Federal Farmer" (Pamphlet, 1788)

      The great object is that ever man be armed.
              Patrick Henry
              Virginia Convention on the ratification of the Federal Constitution

      The people are confirmed by the next article in the right to keep and bear their private arms.
              Federal Gazette June 18, 1789 (describing Madison's proposal for a Bill of Rights)

      We have found no historical evidence that the Second Amendment was intended to convey
      militia power to the states, limit the federal government's power to maintain a standing
      army, or applies only to members of a select militia while on active duty.

      All of the evidence indicates that the Second Amendment, like other parts of the Bill of Rights, applies
      to and protects individual Americans. We find that the history of the Second Amendment reinforces the plain meaning of its text, namely that it protects individual Americans in their right to keep and bear arms whether or
      not they are a member of a select militia or performing active military service or training.

      We reject the collective rights and sophisticated collective rights models for interpreting the
      Second Amendment. We hold, consistent with Miller, that it protects the right of individuals,
      including those not then actually a member of any militia or engaged in active military
      service or training, to privately possess and bear their own firearms, such as the pistol
      involved here, that are suitable as personal, individual weapons and are not of the general
      kind or type excluded by Miller. However, because of our holding that section 922(g)(8), as
      applied to Emerson, does not infringe his individual rights under the Second Amendment
      we will not now further elaborate as to the exact scope of all Second Amendment rights.
      http://72.14.209.104/search?q=cache:cq6jSE2-picJ:w ww.publichealthlaw.net/Reader/dl.php%3Fdoc_id%3D72 70203+%22applies+only+to+members+of+a+select+milit ia+while+on+active+duty%22&hl=en&gl=us&ct=clnk&cd= 3

      In light of the proceeding, please pray tell how people with your world view invent this collective right hogwash. There is no evidence from the time period suggesting it, there is no way to correctly read the sentence that will support it. So please, tossing aside for a moment the relative crime statistics involved, what is the basis of your logic? Are you aware of some super secret Federalist paper that says: "Oh yeah, that Second amendment thing doesn't really mean what it says. It really means something totally different and inconsistent with the language of the rest of the Constitution. Feel free to ignore it at will."
      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    104. Re:US DOJ says by skam240 · · Score: 1

      "To them I say: consider marijuanna. Marijuanna has been illegal throughout my entire lifetime (born 1980) and yet, I have known casual marijuanna smokers in Colorado and in Long Island. They are criminals, each and every one of them, but they are not persuaded by the law. Some cite cultural or spiritual reasons, others simply like it, but they all agree: bugger off with your rules, this is what FREEDOM is all about."

      while the rest of your post is pretty insitefull the last bit there i dont think applies well to the gun debate as marijuanna is not a weapon.

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    105. Re:US DOJ says by Anonymous Coward · · Score: 0

      Remember to account for the counter argument that criminalizing gun possession in an effort to reduce the murder rate assumes that someone willing to commit murder is unwilling to possess an illegal firearm. What you are forgetting to take into account are all the incidence of murders committed as "crimes of passion". Wikipedia describes a "Crime of passion" as:

      A crime of passion, in popular usage, refers to a crime in which the perpetrator commits a crime, especially assault or murder, against a spouse or other loved one because of sudden strong impulse such as a jealous rage or heartbreak rather than as a premeditated crime. So, your saying that someone who is in a "jealous rage" or other similar "passionate" state of mind, is going to be unable to commit a murder without the use of a firearm? I think what you're forgetting is that people can still kill each other w as little as their bare hands - and have.

      What the GP is trying to say is that someone who would commit a crime as serious as premeditated homicide likely wouldn't be deterred by having to posses a firearm illegally.

      Your argument about crimes of passion is moot, because, as I pointed out above, a firearm isn't necessary to kill someone anyway.
    106. Re:US DOJ says by Charcharodon · · Score: 1

      Actually that's not exactly true. The District of Columbia is controlled by Congress. While the people do elect the local government, Congress can over ride the local government and any law they choose. The Tenth Amendment is amendment does not apply in the District of Columbia, which limits Congresses powers to only those spelled out in the Constitution. The people of the Disctrict of Columbia do not have any elected representatives in Congress, so in other words they have no real say what so every in the functions of the local government.

    107. Re:US DOJ says by Das+Modell · · Score: 1

      Of course, there's a slight problem with your view: I don't care that they're black, I don't believe that their skin color or biological properties have anything to do with the subject, and I never suggested that black people shouldn't have weapons because they're black. It's always the raving leftist lunatics who make everything into a racial matter, and then call everyone else racist. How ironic.

      Besides, I never came up with the idea or otherwise mentioned it, someone else did. I only said that it makes sense (which it does), but that I don't know how it's supposed to work (ban guns in a state with a lot of black people who commit a lot of crimes?).

    108. Re:US DOJ says by ArsonSmith · · Score: 1

      Also Militia is not the same as Military. Militia is citizens called to action. Military is solders employed by the government. The reason this was important at the time the constitution was written is they new it was the Militias that helped win the war and they wanted to make sure that option was always available.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    109. Re:US DOJ says by ArsonSmith · · Score: 1

      This has been shown as true. When everyone (or at least a significant portion of a population) has guns overall crime rate has been shown to be significantly lower. Problem being that specifically violent crime is sometimes slightly higher and gun related deaths is always higher.

      Some see this as a bad thing, I see it as a way to weed out the bad people.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    110. Re:US DOJ says by NormalVisual · · Score: 1

      They simply can't figure out what to do with this environment we all live in to ensure we're protected by the Government from the Government and it's public servants

      I'd maintain that it's immoral and unreasonable to expect a police officer to put his life on the line to protect mine if I'm unwilling to take the steps to do it myself, aside from the minor fact that if I'm in a situation where I have to defend myself it's exceedingly unlikely a police officer will be able to reach me in time to help anyway. I think a large part of our problems stem from the larger and larger percentage of people that expect the government to solve all their problems instead of taking care of their own damn selves.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    111. Re:US DOJ says by mattrumpus · · Score: 1


      My God! That truly is an insightful post. I myself fall into the "no need for average citizens to own firearms" camp. The arguments about needing such weapons to "resist tyranny" have never rung true to me, I always put it down to not being from the US. This argument however is wonderfully sensical, it doesn't shift me from my position, but it has added a little bit of nuance.

      The big problem is that once we absolve the state from providing that protection what is to stop a "war of all against all"? Do we want to live in a society in which might makes right? It seems to me that simply filling a society full of weapons is a poor solution to the very real problem jadavis identified. The mindset that is engendered here is the problem, the constant fear and need to defend oneself. Most people in European societies go about their business, interacting with their fellow humans without the constant fear that they are about to come under attack. This is implicit position in all these "defence of self" arguments, that you are constantly in fear of harm. It seems a very poor way to live ones life and I am still not convinced that allowing people to arm themselves would help in making us all feel safer.

      --
      Who's with me?! I SAID... WHO'S WITH ME!!??
    112. Re:US DOJ says by Charcharodon · · Score: 1

      Don't be a dumb ass, that hand gun ban was not a handgun ban in all of Illinois, it was a single town in Illinois. All the fuss was not whether or not it was illegal to own fire arms but whether or not local governments could pass laws banning them. The state constitution of Illinois has provisions in it that let local municipalities do just that, that is why the US Supreme Court refused to get involved. Which is exactly what they are supposed to do while the State courts hash things out. Most every one these days are opperating under the false assumption that the federal government is all powerfull. In most cases they get trumped by State's rights and the original aggreements those states made before joining the union, again exactly why the Federal government decided to butt out of the argument.

    113. Re:US DOJ says by Yunzil · · Score: 4, Insightful

      I call BS. In this year's rankings, DC is #19, behind cities like Memphis, Trenton, and Kansas City. DC has improved greatly since the handgun ban was passed.

      Yeah, and before women got the vote we didn't have the threat of nuclear war.

      Logical fallacy: post hoc ergo propter hoc

      Just because one thing happens after another thing does not mean the second thing was caused by the first.

    114. Re:US DOJ says by mjm1231 · · Score: 1

      Well, it is true that gun owners concentrate regionally the same way that life jacket owners concentrate near water. But, if I am near water, I am statistically less likely to drown if I own a life jacket than if I don't. Same logic applies with the epipen. For guns, the relevant statistic you want would be: Within areas with high gun ownership, are gun owners less likely to be shot than non-gun owners?

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    115. Re:US DOJ says by nomadic · · Score: 1

      Alright, I see we were talking past each other, I didn't realize you were emphasizing the cert denied part.

    116. Re:US DOJ says by Anonymous Coward · · Score: 0

      All the fuss was not whether or not it was illegal to own fire arms but whether or not local governments could pass laws banning them.

      But isn't the District of Columbia just as 'local' as Morton Grove? The Morton Grove case appealed to the US Constitution, not that of Illinois. Doesn't the US Constitution trump all others as the supreme law of the land?

    117. Re:US DOJ says by pipingguy · · Score: 1

      If you depend on the government for all of your safety, then the rest of your rights are meaningless.

      Well said. I'd rather count on anonymous Joe to do "what's right" in extreme circumstances rather than rely on the cops. Some people seem to be afraid of gun-ownership, but this fear usually reflects back to those who are just in (or want to promote, for various political reasons) a state of fear as a matter of course.

    118. Re:US DOJ says by DoninIN · · Score: 2, Insightful
      Moreover, you are absolutely wrong that it makes any difference what the weapon is when the passion to kill arises.

      I call BS!

      I've been stabbed, at close range, by someone who was mad enough to kill me, got a little blood on me and a cool scar to show for it, at that range the same person with even a relatively harmless handgun would have killed me, or at least I would have this long "time I got shot and had surgery" story to tell. I submit it's ridiculous to say easy access to firearms (Handguns or long guns) doesn't aid in the commision of crimes of passion. Example, I have a swiss army knife handy, as well as a stick I saw laying in the yard, there's a .357 locked up in a closet, now if I lose my marbles and decide to go after a family member with murderous intent on my mind, if I get the swiss army knife, or the stick, what are the odds they'll survive? A bit better than if I get the magnum huh?

      Disclaimer, I'm very pro-gun ownership by people qualified to do so, and have no problem with some government regulation of firearms especially those can be easily concealed or that pack tremendous firepower. For whatever reason this sane sounding opinion puts me alone at the lunatic fringe with the anti-gun people thinking I'm a wacko gun-nut and the gun people thinking I'm a gun seizing lib. Strange.....

    119. Re:US DOJ says by Eccles · · Score: 1

      Utter and absolute nonsense.

      The National Guard is a component of the U.S. Army, which is why Guard units are serving in Iraq. You're tying to claim the Bill of Rights has to specify the right of the army to have guns?

      At the time the Constitution was written, the militia was every able-bodied male -- think of the "Minute Men." People were expected to own guns, as hunting was a more significant source of food.

      You can argue about its obsolescence, that perhaps we don't need it, but not about what it means, as numerous court decisions have affirmed.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    120. Re:US DOJ says by Eccles · · Score: 1

      Correction: the Air National Guard is part of the Air Force, not the Army. The Army National Guard is a component of the Army.

      BTW, the militia being all able-bodied males is still embodied in U.S. Law.

      From http://www.law.cornell.edu/uscode/html/uscode10/us c_sec_10_00000311----000-.html

      "(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."

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    121. Re:US DOJ says by fatboy · · Score: 1

      by that I assume you mean us? (UK) or the ability to stop a government of your own that went bad.

      To stop our own government. Radical idea, huh?

      --
      --fatboy
    122. Re:US DOJ says by ari_j · · Score: 1

      I won't contend that it's not easier to kill someone through skilled use of a gun than through skilled use of a knife. (Of course, the skilled qualifier falls apart and things really go to hell when you have an incompetent person with a gun and another one with a knife, in which case the knife is likely more effective. But I digress...) I also don't know the entirety of your knifing situation, but I probably would have shot back. And by the way, there's no such thing as an even relatively harmless firearm.

      The problem I have is that you seem to be advocating a rule to protect us all from crazy people who kill us in the heat of passion by curtailing our own rights. To me, there is absolutely no difference between that and a law banning public speech because some people can't be trusted to be nice when they're talking.

      The pro-gun people don't trust you (or anyone that you trust) to make the decisions on which guns are okay and which people are okay to own them. The recently-expired "assault weapon" ban is a perfect example of why they don't. The anti-gun people think you are a gun nut because you aren't anti-gun.

      My personal stance is that the second amendment guarantees my personal right to keep and bear arms of the type that would be useful if the "militia," a term understood in 1790 to mean the entire citizenry, should be called upon. (Note that "well-regulated" also had a different meaning; specifically, it meant well-equipped as a regular army.) Unlike most of the Bill of Rights, the second amendment is worded in such a way that it ought to apply to the states as well as to Congress (despite judisprudence to the contrary).

      Outside of the second amendment, I won't choose to give up my right to keep and bear arms. I choose to live where my rights are the least infringed, and I keep weapons for purposes from collecting to hunting to personal defense to investment. While I personally do wish I were the arbiter of who had the right to have guns for each of those purposes, I accept that I am not but also don't trust anyone else to do a good job of making such decisions any more than I trust people to tell me which things are safe for me to say.

    123. Re:US DOJ says by Warshadow · · Score: 1

      You also might want to look at a city like New York, which has some of the most restrictive gun laws in the nation and is also the safest large city [nycvisit.com] in the country. In its case as well, the vast majority of guns confiscated in crimes in New York were legally purchased in places like North Carolina and Virginia, where gun laws are much more relaxed.

      You need to recheck your facts. I can't speak for VA, but NC is not all that relaxed when it comes to buying a pistol. For each pistol you want to purchase you need to get a permit. There's a fee (not a big deal though, only $10. In the end it's just a $10 tax on pistols really) and you have to wait upto 20 days for them to run a background check. This is all in addition to doing the standard federal regulations, such as a NICS check.

      Now I haven't purchased a pistol since moving to NC, so I don't know how long their background check takes. I imagine they just run a NICS check and also check state and local records to make sure you don't fall into one of the catagories of folks not legally entitled to own a firearm. So in addition to it really being a $10 tax on pistols, it can serve as a waiting period.

    124. Re:US DOJ says by Anonymous Coward · · Score: 0

      And then we can look immediately south and see what Shall Issue concealed carry laws do to violent crime rates. Yes, and then you can look immediately *north* and see what a lack of "right to bear arms" does to violent crime rates.
    125. Re:US DOJ says by Warshadow · · Score: 1

      I've been saying this a long time. I'm pro-gun, but I'm also pro-education. I have no problems with requiring a class similar to the one that many states require to get a concealed carry permit. It's usually a class designed by the NRA and run by an NRA certified instructor.

    126. Re:US DOJ says by Warshadow · · Score: 1

      So, how many deaths per year are caused by passive marijuanna smoking, and how many are there by "But, but, it wasn't supposed to be loaded!"?

      Deaths like that happen because people are stupid. Any responsible gun owner ALWAYS makes sure a gun is unloaded when handling it in a non-shooting situation. Not to mention every gun owner should know not to point a gun at a person unless you intend to shoot them. The only time I have sympathy for a situation such as this is when a child or someone other than the person handling the gun dies because an adult did not do what they should: unload and lock the gun up.

      All my firearms are in a locked safe unless I am doing something with them. When I'm done they get locked up again.

      Don't blame firearms for irresponsible people.

    127. Re:US DOJ says by u-235-sentinel · · Score: 1

      I'd maintain that it's immoral and unreasonable to expect a police officer to put his life on the line to protect mine if I'm unwilling to take the steps to do it myself, aside from the minor fact that if I'm in a situation where I have to defend myself it's exceedingly unlikely a police officer will be able to reach me in time to help anyway. I think a large part of our problems stem from the larger and larger percentage of people that expect the government to solve all their problems instead of taking care of their own damn selves.

      All I can say to that is Amen!

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    128. Re:US DOJ says by cayenne8 · · Score: 1
      "Well, if blacks commit a disproportionate amount of violent crimes..."

      I hear this bandied about quite a bit.

      Does anyone have a link or info that actually shows if one race or another in the US does commit a disproportionate amount of the violent crime in the US?

      If someone had hard numbers..that would make for a more rational reason for moderation of troll, flamebait or insightful for posts like this....rather than just blind emotion on the issues.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    129. Re:US DOJ says by Impotent_Emperor · · Score: 1

      I checked the Wikipedia article on D.C. and it said handguns have been essentially banned since 1977. That's a lot of time for the crime rate to peak and fall.

    130. Re:US DOJ says by Anonymous Coward · · Score: 0

      Just a bit of clarification. Colorado is very pro gun, but for some bizzarro reason Denver City is very anti gun. If you are pulled over driving through Denver with a hand pistol, NEVER admit that either your destination or origin were in the city. They'll confiscate your weapon and destroy it before you have a chance to regain possession. The only exception I know of is stoping for gas.

    131. Re:US DOJ says by Anonymous Coward · · Score: 0

      Mod the parent up. How can you label this a troll and not the original message? The mod point system is being abused and it is being used to shut people up. It is modern day book burning if you ask me. Liberals love free speech as long as they agree with it.

    132. Re:US DOJ says by byteyurself · · Score: 1

      Personally, I have the opinion that prohibitionists should not pursue firearm ownership if that is their wish, but they do not have the right to dictate to the people at large whether they can Keep and Bear. It is no one's business but my own what I have in my place of residence and that is also covered by unlawful/unreasonable search and seizure. I don't get in anyone else's business and that should speak to those bent on getting into mine. This problem is not going to go away and will always be surrounded by those who would like more control of what everyone else is doing, which I believe also infringes on the right to life, liberty and the pursuit of happiness. On that basis, those who are anti-firearms are violating my civil rights by doing everything in their power to outlaw personal firearms possession in this country. The way I see it, this is a pretty simple case of fear driving a group of people to attempt to violate at least three basic rights given to all citizens in The Bill of Rights. To all you gun-criminalizers I say you need to read the Constitution the next time you attempt to trample it underfoot in an effort to force your selfish, hysterical, and elitist agenda on others who are content with being citizens of the greatest nation on the face of this planet. I enjoy the rights afforded me that others on this earth are denied. The biggest difference this country and its government possess compared to the rest of this world is the freedom that the Constitution and Bill of Rights grants every single, solitary person who is a law abiding citizen. Every time I hear the anti-firearms arguments about murder rates, and all the other statistical tripe they peddle I am shocked at the falsehoods and propaganda that they present as fact in support of their postion. For instance, a much smaller number of murders in the United Kingdom are committed with guns compared to the U.S.. This is true, but in the U.K. firearms ownership is prohibited, and their population is the most watched by surveillance cameras in the world. The U.K. population is also much smaller in number than the U.S., a key fact that gets left out of this lie presented as truth. Why do the antis have to lie and be devious in their acts? The reason is fairly simple, they have taken a portion of the Josef Goebbles strategy and put it to work to support their agenda, (to paraphrase the propagand minister, it's not the lie that is important, but if you tell it enough times people will believe it is true.). Some may think this is extreme, but I have seen this mechanism employed in political scenarios, and if you do your research you will find this to be true. I do not say that anti-firearms factions are not entitled to their opinion, but when they attempt to legislate the Constitution into a state of impotence, we are no longer talking about freedom of expression; at that point it becomes oppression of one group by another the moment one side tries to outlaw the rights of another. I think we should respect the rights of all others in this country, but I don't think there is much reciprocity coming from the other side of the fence. The assumption that one's beliefs and opinions are more valid and to be judged superior to another's beliefs and opinions is at the very least arrogant, and at the very worst a form of enslaving others. When I can enforce my desires over another's rights I am no longer arguing for safety, security or against crime, I am merely demonstrating my aristocratic will to control another. That's my view.

    133. Re:US DOJ says by iamacat · · Score: 1

      Your argument assumes that someone willing to commit murder has planned to do so for long time rather than just happened to have a gun when especially angry and drunk.

    134. Re:US DOJ says by Astro+Dr+Dave · · Score: 1
      Not at all. You frequently cite cases from other circuits. Lower courts are not bound by it as precedent, but they are taken into consideration by the judge.

      Then perhaps you should consider US v. Emerson, where the 5th Circuit court of appeals opined:

      We have found no historical evidence that the Second Amendment was intended to convey militia power to the states, limit the federal government's power to maintain a standing army, or applies only to members of a select militia while on active duty. All of the evidence indicates that the Second Amendment, like other parts of the Bill of Rights, applies to and protects individual Americans. [...] We reject the collective rights and sophisticated collective rights models for interpreting the Second Amendment. We hold, consistent with Miller, that it protects the right of individuals, including those not then actually a member of any militia or engaged in active military service or training, to privately possess and bear their own firearms, such as the pistol involved here, that are suitable as personal, individual weapons and are not of the general kind or type excluded by Miller.

      Furthermore, US v. Miller was decided for the government because no defense was presented - the defendant and his lawyers did not appear before the court when the case was heard. This is the only recent Supreme Court decision pertaining to the 2nd amendment being a collective vs. individual right. It regards the 1934 National Firearms Act, which licenses and taxes automatic weapons, suppressors, and places a minimum length on allowed rifle and shotgun barrels. From the Court's opinion:

      In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense... The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.

      That hardly sounds like resounding support for the collective right theory (i.e. that the 2nd amendment applies collectively to militias and not to individuals), and to my mind it strongly suggests that the Court believed the 1934 NFA to be largely unconstitutional; or, more specifically, that the 2nd amendment makes it legal to own "ordinary military equipment" that can "contribute to the common defense" despite the 1934 NFA.

      The 9th circuit court of appeals held, in Silveira v. Lockyer, that the 2nd amendment does not guarantee individuals the right to bear arms (and again, certiorari denied). I can't imagine how they justified the logic to themselves. The 10th Circuit court has made at least 3 similar rulings, generally qualified as making restrictions on gun possession legal unless they interfere with the state's ability to form a well-regulated militia. Strangely, in US v. Oakes the 10th circuit ruled:

      We found no evidence that the firearm in question was connected with a militia, even though the defendant was nominally a member of the Kansas militia and the "Posse Comitatus," a militia-type organization registered with the state...

      The mind boggles. Frankly, I don't under

    135. Re:US DOJ says by luckyguesser · · Score: 1

      you're looking at two different lists on the same site.
      washington dc ranks #19 out of all 351 cities, but #4 out of cities with 500K+ population.

      --


      The power of Christ compiles you.
      A Random Blog
    136. Re:US DOJ says by Charcharodon · · Score: 1
      Yes and no. Go look up the District in the Wikipedia. The District of Columbia is a type of territory and is not a state. The local people didn't even get to vote for president until 1961 and up until recently had no representatives in Congress, even so the ones that they do have now are non-voting so they no power.

      The Morton Grove case appealed to the US Supreme court yes, but they refused to hear it and referred it back to the State Courts.

      The US COnstituion is the supreme law of the land, but there are limits placed in it to keep the Federal Government out of local affairs. It also puts restraints on the states so they can't deny certain things to their citizen, such as deneying voting and freedom of speach. Things start to get squirly with things like guns and such because each state has it's own constitution which is similar too but different from the US Constitution. Unless it says otherwise in the US Constitution they have to yield to the State Constitution. So what it ammounts to in the case of firearms, the Federal Government cannot pass any laws banning firearms, only the States can, and in their case of the State Constitution may prevent this as well. For Illinois it specifically does let local governments pass laws.

      A few years ago the Federal goverment had the assualt weapons ban, but all that really ment was that you could not import assualt weapons from outside the US, but there was nothing that said you couldn't actually own or or buy a new one if it was obtained locally. States like California did pass a ban, but again that was only in California.

      It gets weirder in the District of Columbia, because Congress can pass local laws and has complete control over the District. The US Constitution differs to local government, but in this case the local government is the Federal government, see why this is so crazy? If the ban is struct down there are alot of other things that will have to be struct down too in the way Congress runs things in the District.

      The Supreme Power in the US is the State and Local governments when it comes to everything not spelled out specifically in the US Constituion. If people get fed up enough with the Federal Government they can pull the rug out from under them. Right now though the arrangement between the States and the Federal governements with funding has allowed things to grow beyond what they Constitution allows for.

    137. Re:US DOJ says by WNight · · Score: 1

      Canadians have a large number of rifles and shotguns per capita (compared to Britain for instance) but few handguns. There is a Canadian gun registry, but ownership is mostly unrestricted in this class, with easily obtained permits.

      It's an attitude thing, you're just less likely to get shot in Canada than the US guns/gun-fatalities would imply. Maybe because Canada is smaller and a generation or two behind in the mega-cities race. Maybe it's a better minimum standard of living or something...?

    138. Re:US DOJ says by chrispatch · · Score: 1

      Come on now, you know the federal court system is not hamstrung by anything as nonsensical as consistency. How else could the judges of the ninth circus sleep at night?

    139. Re:US DOJ says by kjamez · · Score: 1
      I am glad you got modded insightful, but couldn't:

      That's the big problem with the [gun|abortion|war|gayness|taxes debate]. There are very few people involved capable of a rational argument. They know what side they are on, and emotionally, irrationally argue in support of their position, summarily dismissing any information that does not help their cause, while seizing on any bit that seems to support it, no matter how flawed. ... be applied to almost EVERY argument/issue facing the world today? seems kind of generic. you should save it, and repost it any time there is any 'hot topic' up ... boost your karma. the sad state of affairs is that you are correct in your statements, and that such a statement can be applied to extremists on both sides of any topic.
      --
      you can't have everything, where would you put it?
    140. Re:US DOJ says by Anonymous Coward · · Score: 0

      I think the best one-liner on gun laws is as follows: if guns are outlawed, only outlaws will have guns. However, I know from experience that anti-gun voters will roll their eyes at that little gem.

      With damn good reason. It completely ignores the fact that the gun industry is huge, exploiting economy of scale. In effect, the legal gun owners are subsidising the outlaws' gun ownership. If guns are outlawed, it will be prohibitively expensive for the majority of criminals to obtain guns.

    141. Re:US DOJ says by ari_j · · Score: 1

      See my other comments on this thread for my response to this.

    142. Re:US DOJ says by Zaphod2016 · · Score: 1

      how many deaths per year are caused by passive marijuanna smoking[?]: 0

      [how many accidental gun deaths?]: tricky question with varying answers. 1,500 is a number I see alot, however, the NRA claims that number is even lower.

      Judging by the responses to my post, the pot-gun comparison left a few readers scratching their heads. Please, allow me to clarify. I was not attempting to compare the safety of guns v. marjunna. Although marijunna may contribute to driving deaths, no one in the history of recorded medicine has died directly from using it. On the other hand, guns *directly* kill *some* amount of innocent people every year.

      My point was that outlawing or banning guns is not a "silver bullet" solution. Those who are still strongly pro-gun will most likely continue to buy and use them (just like marijuanna users). We might make stonger laws, we might move towards decriminalization, but some portion of the population will remain unaffected.

      My logic: If I use a gun unsafely, and begin pointing it at various people in and around my home, I put innocent people at risk. If I smoke pot, then go for a drive, I put innocent people at risk. Both are currently illegal, both continue to happen on a daily basis (not by me, but by reckless, rude and foolish people around me).

      My conclusion: laws cannot solve the gun issue.

      My opinion: marijunna and guns both involve a degree of risk, but used properly, will not result innocent deaths. Foolish people will hurt, kill and maim innocents using both, regardless of the law.

    143. Re:US DOJ says by Mi5ke561 · · Score: 1

      Actually Sir, you're missing a few small points. To start with a lot of gun control started with Jim Crow. During the Reconstruction period, a lot of states passed gun control laws to keep them out of the hands of blacks. And a lot of that goes to this day. Ever wonder where the term "Saturday Night Special" came from? It came from a very nasty old racist song that was titled, "Niggertown Saturday Night", and the term itself was coined by the late Howard Metzenbaum, a strong proponent of gun confiscation. So much for history. And as far as DC's "Democratically" passed gun ban goes, that one doesn't hold water either. The idea behind our Constitution is that law protects the majority and rights the minority. The idea of a majority being able to infringe of the rights of the minority, is antithetical to the entire system that we are supposed to have here. In the end, if you claim that a 51 percent majority constitutes a moral consensus and imperative concerning the meaning of rights as recognized, but not granted by our Constitution, you wind up with Ben Franklin's definition of Democracy as "Three Wolves and a Sheep", voting on whom to have for dinner. You might also want to consider the fact that in a precident driven legal system, any precident can be universally applied, even if the situation in one case is not comparable to the case in which the precident was generated. That means in plain English that, "That which you can do to anybody, you can do to everybody". So the precident of being able to eliminate a right from the Constitution by simple majority vote in a legislative context, means that any other rights you have may be gutted, reinterpreted, or simply ignored in the same fashion. So, while you're mulling that one over, I'm going to ask you the same question I've been asking gungrabbers for the last 35 some odd years now. I've gotten exactly two honest answers to that question in that time. Everybody else either danced around it, made excuses as to why they couldn't answer it or just flat ignored it and hoped that it would go away. So here's your turn in the barrel. The question is this: "Assuming that by legislation you could get a comprehensive gun control law, which other Constitutional Rights are you prepared to surrender in order to make this enforcable?" For that matter, I'd be seriously curious to know as to whether you'd be willing to allow the mechanism that you claim invalidates the rights of individuals to possess guns, invalidate other rights that you hold too, such as free speech, due process, ect. Before you answer that question, let me offer you two points to predicate your answer on. First off, I invite you to read the text of United States vs Miller. The judicial reasoning in that decision clearly held that an individual has the right to possess military weapons. They predicated their finding for the Government on the claim that nobody had shown that a sawed off shotgun bore any relationship to the preservation of a "well regulated militia." In Miller, the only briefs presented were those by the Solicitor General of the United States. Miller was dead and because of a requirement that briefs before the Supreme Court be printed instead of typed, Miller's attorney decided to not show up for the hearing. In essence the Government won by acquiesence of non-negation. It is, by the way, historically demonstrable that a sawed off shotgun really does have a military application. The second thing that I'd like to call your attention to, is the fact that a civilian resistance is a military action. And contrary to popular belief, the workaday weapons of a civilian resistance are not assault rifles, but rather are pistols, because they're concealable and more adaptable to the missions that a civilian resistance engages in, such as protective cover for clandestine meetings. (If you can find a copy of Total Resistance, by Major H. Von Dach, of Berne Canton, which was reprinted in the US by Paladin Press, you'll find examples of the use of pistols in a civilian resistance. There are others as well.) F

    144. Re:US DOJ says by AdamHaun · · Score: 1

      Yeah, cause uncontrolled urban sprawl has nothing to do with the crime rate in Baltimore...

      --
      Visit the
    145. Re:US DOJ says by Snaller · · Score: 1

      Yeah, but they also say they aren't torturing people at guantanamo.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    146. Re:US DOJ says by Snaller · · Score: 1

      "And the US Supreme Court declined to grant certiorari. Which means that it is only precedent in the Seventh Circuit - Illinois, Indiana, Wisconsin. Hardly the definitive statement on whether the Second Amendment is an individual right."

      Actually they didn't grant certiorari because they didn't think there was anything wrong with the judement.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    147. Re:US DOJ says by Anonymous Coward · · Score: 0

      If you ever feel like heading out to the range and putting a few rounds into some targets, I'm sure there are people who would happily take you along. If you're in the bay area, I'm on that list. Come over to SomethingAwful's shooters' forum and say hi. We're nice to new folks, and December is "take a newbie shooting" month, so this offer is generally universal there. Sorry for the anon, my employer knows about my account, and doesn't like guns. :\

    148. Re:US DOJ says by waferhead · · Score: 1

      The only issue I have with it is if the gvmt has access to the database, you might find yourself being jacked up and you car/house torn apart as they search for your "hidden" weapon.

      I personally have little/no use for handguns. Shotgun preferred up close.

      I am a HUGE fan of the Swiss method of gun control though.

    149. Re:US DOJ says by Risen888 · · Score: 1

      Near the start of the last century^W^W^Wthis century, we were given a good demonstration in Germany^WAmerica of how easy it is to corrupt a democratic system, so perhaps some additional safeguards are required.

      Fixed that for you.

      --
      Hey, I finally got my first freak! Took you long enough!
    150. Re:US DOJ says by tomathotmail.com · · Score: 1

      No, it seems like he is trying to say that crime is lower where people do have guns. Read the statement you quoted again, "The murder rate drops by a factor of 10 when you cross the Potomac River into Virginia (still in metropolitan Washington; it gets even lower further away) where there is no gun ban." Where there is no gun ban there is a lower murder rate. Stated again, the murder rate is lower where people own guns. Do you see how that is the opposite of what you said he was saying?

    151. Re:US DOJ says by CrimsonAvenger · · Score: 1
      The problem that I see with legalizing firearm ownership with something like an open carry law is that for the first few years, the streets would be a war zone... even more so than they are right now.

      Every time a state considers a Shall Issue law, the gun-control loons say that this will be the inevitable result of passage of Shall Issue.

      So far, 38 or so states have passed Shall Issue laws. In NOT ONE case have the streets become a "war zone". As far as I can recall, crime rates have declined or remained the same in states that passed Shall Issue. Which does not imply that Shall Issue reduces crime, but argues rather strongly that it doesn't increase crime. And more freedom with no negative effects is a net positive.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    152. Re:US DOJ says by Spetiam · · Score: 1
      Do they deserve self determination when they can't even read or comprehend informational messages such as "Press OK to continue" or "Out of Paper". Maybe they could be put to better use such as a central tunnel support on the new Victoria Line.
      Hmmm, well, it's people like you that make the guarantees of the 2nd amendment necessary...
    153. Re:US DOJ says by Gilmoure · · Score: 1

      And it's people like you that require a /sarcasm tag. And maybe some remedial Monty Python's Flying Circus.

      --
      I drank what? -- Socrates
    154. Re:US DOJ says by Spetiam · · Score: 1

      /me shrugs

  3. Now is the time to define. . . by Ninjaesque+One · · Score: 1

    What a 'well regulated' militia is. Probably has to be set up to defend nat'l safety.

    --
    Ninjas and pirates. How piquant.
    1. Re:Now is the time to define. . . by Harmonious+Botch · · Score: 1

      I think Jefferson offered some guidance here, with his comments about a little revolution every now and then is a good thing. He noted that it should probably happen every 2nd or 3rd generation. ( Sorry, I forget the exact quote. )

    2. Re:Now is the time to define. . . by grumpyman · · Score: 2, Interesting

      'well regulated milita' probably includes terrorists cells?

    3. Re:Now is the time to define. . . by hey! · · Score: 5, Informative

      What a 'well regulated' militia is. Probably has to be set up to defend nat'l safety.


      Not necessarily.

      Think of what the country would be like if you had no local police or state police; you are also in a country that includes other nations (Indians) some of them hostile.

      One of the most important functions of a militia would be to provide for local security and peace.

      We have to be careful about attributing modern viewpoints to the founders, or pretending they all thought the same way. None of them subscribed to libertarianism as we know it, although some (Jefferson) were closer than others (Adams). It isn't that they didn't believe in individual liberty -- they did. But they also had a stronger attachement than we do in the idea of community liberty.

      It's interesting to read about the operation of militias in the Revolution. They operated in a primitive democratic way, choosing their leaders from the respected men of the community; nor did those leaders excercise autocratic powers. When not actually in battle, matters of strategy and tactics were debated and even voted upon. This practice infuriated Washington at first, who saw it as undisciplined. However he adjusted his style of command to this, and was a better commander because of it. The lessons he learned from this also helped him form an effective working relationship with the Continental Congress (Adams was particularly nettlesome), an example which was very important in the development of the US Constitution.

      In any case, militias were not mobs or random collections of individuals. They were the defensive organ of the community. It is not that they had no discipline, they had a different kind of discipline, one of community responsibility, reputation, and mutual reliance.

      Community liberty is not incompatible with individual liberty, but sometimes they do conflict, especially when the more influential in the community are able to claim greater protection. In the late 19th century, the national guard was used against strikers in Andrew Carnegie's steel mills.

      The right of private firearm ownership is not, in my opinion, not directly covered by the Second Amendment, which I believe is about the right of communities to arm themselves. Most quotations from the founders that are used to support private firearm ownership are more accurately read in that light.

      However, that doesn't mean it is not protected by the Bill of Rights. After all, there is constitutional right of privacy that can be asserted against the government, even though the legal concept of privacy did not exist at the time. The right to privacy is implicit in the third, fourth, fifth and fourteenth amendemnts. The fact that this is implicit makes it no less enforceable, because of the ninth amendment.

      Personal firearm ownership is implicit in the second amendment. That it cannot be taken away unreasonably is implicit in the due process clause of the fifth amendment. That this implicit right has equal force as other rights is established in the ninth.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    4. Re:Now is the time to define. . . by Crudely_Indecent · · Score: 5, Informative

      The gov abandoned the idea of a state regulated militia in favor of a federally regulated national guard. If the right to bear arms only applies to a state regulated militia, then we lost our right to bear arms many years ago. If the DoJ interpretation of the 2nd amendment stands, then we still have it.

      What we should be asking is "WHY?" Why does the government want an unarmed population? The founding fathers made it clear that the purpose of our government was to protect rights. They also warn about modifications to the 2nd amendment.

      "A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate." - Thomas Jefferson

      "[H]owever weak our country may be, I hope we shall never sacrifice our liberties." - Alexander Hamilton

      "A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks." - Thomas Jefferson

      "No freeman shall ever be debarred the use of arms." -Thomas Jefferson: Draft Virginia Constitution, 1776.

      "[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms." -James Madison,The Federalist Papers, No. 46.

      "I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them." -George Mason, Co-author of the Second Amendment

      "The constitutions of most of our States assert that all power is inherent in the people; that ... it is their right and duty to be at all times armed; ... " -Thomas Jefferson

      "The greatest danger to American freedom is a government that ignores the Constitution." -Thomas Jefferson

      Gun confiscation leads to a loss of freedom, increased crime, and the government moving to the left. This has already happened in England and Australia. After Great Britain banned most guns in 1997, making armed self-defense punishable as murder, violence skyrocketed because criminals know that law abiding citizens have been disarmed. Armed crime rose 10% in 1998. The Sunday Times of London reported on the new black market in guns: "Up to 3 million illegal guns are in circulation in Britain, leading to a rise in drive-by shootings and gangland-style execution." There has been such a heavy increase in the use of knives for violent attacks that new laws have been passed giving police the power to search anyone for knives in designated areas.

      Where are we going? Who is taking us there? Should we be kicking and screaming?

      --


      "Lame" - Galaxar
    5. Re:Now is the time to define. . . by God+of+Lemmings · · Score: 1

      Mod parent +1 (knows what he's talking about)

      --
      Non sequitur: Your facts are uncoordinated.
    6. Re:Now is the time to define. . . by mrchaotica · · Score: 1

      "The tree of liberty must from time to time be refreshed with the blood of patriots and tyrants." -- Thomas Jefferson (quoted from memory)

      Of course, you were thinking of a different one -- Jefferson said quite a lot of things to that effect.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Now is the time to define. . . by WalksOnDirt · · Score: 1
      Now is the time to define...What a 'well regulated' militia is.

      I don't see what that has to do with anything: The second amendment doesn't state that it only applies to militias but simply mentions them as a reason why the amendment is necessary. When it was passed, however, the Bill of Rights only restricted the Federal government. There was nothing stopping the state or local governments from restricting any of the rights enumerated there, and in the case of the second amendment that was probably pretty common.

      The problem is that the fourteenth amendment extended all those rights to individuals, which for the right to bear arms was IMHO a terrible idea (I don't want my neighbor to have a cannon, much less WMDs). I wish we'd bite the bullet and amend the constitution to revert the second amendment to only restricting the Feds from curtailing our rights, and making sure the commerce clause can't be applied to get around it.

      Right now, a for a long time, we've been in a situation where we ignore the plain language of the constitution because few people like what it says. This undermines the strength of all our protections.
      --
      a,e,i,o,u and sometimes w and y (at be if of up cwm by)
    8. Re:Now is the time to define. . . by itlurksbeneath · · Score: 1

      The second amendment actually says:

      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.

      It specifically mentions "the right of the people...", not "the right of the militia...".

      --
      Have you ever considered piracy? You'd make a wonderful Dread Pirate Roberts.
    9. Re:Now is the time to define. . . by mrchaotica · · Score: 2, Interesting

      Depends on who wins. If it happened today, would the British call the people who carried out the Boston Tea Party "terrorists?"

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    10. Re:Now is the time to define. . . by mrchaotica · · Score: 1
      Personal firearm ownership is implicit in the second amendment.

      In other words, the community is guaranteed the right to bear arms and the community is composed of individuals, so therefore individuals implicitly have the right to bear arms.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    11. Re:Now is the time to define. . . by delong · · Score: 1

      What a 'well regulated' militia is. Probably has to be set up to defend nat'l safety

      The militia at the Founding consisted of all able-bodied men capable of bearing arms.

      According to the US Code, 10-13-311, the militia consists of organized and unorganized militia:

      "(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."

      Note that the general public at large consisting of all able-bodied males 17 years to 45 years, are by statute part of the "unorganized militia".

    12. Re:Now is the time to define. . . by hotdiggitydawg · · Score: 1

      One man's revolutionary militia is another man's terrorist organisation. Seriously, what are the chances of an armed revolution succeeding in the US nowadays? Zilch - the participants would be off to Gitmo faster than you could blink.

    13. Re:Now is the time to define. . . by Overzeetop · · Score: 3, Interesting

      Well said.

      I find most vocal gun rights advocates leave out the "well regulated militia" clause if the second amendment. I've always been amazed at how poorly that amendment parses. My reading is the same as yours - citizens may have firearms so that they mey function as part of an organized "militia," or protective group. All of the functions which militias performed two hundred years ago have been taken over by standing govenrmental bodies. In fact, the writing most likely applies to the state national guards - you don't get much more of a well-regulated militia than that.

      I still believe in the right to own firearms, and have owned several in my lifetime, though none in operational condition at the moment, but I don't agree that the constitution gives the sweeping endorsement it once did.

      I'm sure there will be those who ignore reality and say that without personal firearms we are at the mercy of the federal government. I've got bad news for them - there isn't a consumer-led army in the world that could take over the US govenrment, on US soil, defended by the US military. (That is, of course, ignoring the possibility that most/all of the military turns against the CIC and standing legislatures - but then we woouldbe fighting with the military, not against it.)

      --
      Is it just my observation, or are there way too many stupid people in the world?
    14. Re:Now is the time to define. . . by devilspgd · · Score: 1

      Sorry, no such mod on /.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    15. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0

      the national guard was used against strikers in Andrew Carnegie's steel mills.

      It wasn't used against them. Read Les Standiford's "Meet you in hell", a great book an Carnegie and H.C. Frick. He seems to be pro-worker judging from his tone, so I'd say I can trust what he writes.

      At some point at the Carnegie mills workers chose to strike (fine), and Carnegie decided to employ workers in their stead (also fine). The strikers then went aggressive, decided to invade the works (i.e. trespassed on Carnegie Steel's property), and Carnegie decided to call some Pinkerton detectives to protect his works.

      The pinkertons arrived on a ship, and the strikers (inside the works) denied them entry. Nobody really knows who started, but both sides pointed guns at each other, and bloody shooting began when one of them twitched.

      All of this was totally unnecessary, and the strikers should just have kept out of Carnegie's property, if they didn't like to work in the first place (basically, striking is breaking your work contract, giving the finger to your employer).

    16. Re:Now is the time to define. . . by maetenloch · · Score: 1

      An revolutionary militia is not necessarily a terrorist organization. There are quite a few groups who run around in the woods with guns and talk about revolution. But as long as it's talk and they don't plan or execute specific terrorist acts, it's legal.

    17. Re:Now is the time to define. . . by hey! · · Score: 1

      The gov abandoned the idea of a state regulated militia in favor of a federally regulated national guard. If the right to bear arms only applies to a state regulated militia, then we lost our right to bear arms many years ago. If the DoJ interpretation of the 2nd amendment stands, then we still have it.


      I agree the national guard is not a militia in any reasonable sense of the word. In the American Revolution, militia forces sometimes simply decided to go home. I don't think that's an option National Guard units deployed in Iraq have. TNG is just a reserve military force.

      But your observation raises an interesting question. What if your town decided to create a militia? I'm not talking about a police force (which performs the local security duties of the militia), but force that is armed for battle. Could the state or federal government step in and intervene? I don't think so.

      Personally, I don't find the question of personal firearm ownership and the second amendment as important as most peole do. As I've said elsewhere, it falls under the ninth amendment, and if it did fall under the second it could still be subject to regulation.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    18. Re:Now is the time to define. . . by DragonWriter · · Score: 1
      The gov abandoned the idea of a state regulated militia in favor of a federally regulated national guard.


      False; Congress power to provide the direct the regulation, equipment, etc. of the militia is found in the same place as it is reserved to the states to appoint officers of the militia and to actually carry out its training when not called into federal service, Article I, Section 8 of the Constitution:

      The Congress shall have power....[t]o provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;


      Congress exercising that express Constitutional power by providing for the organization, equipment, and discipline of the organized militia along lines paralleling that of the regular federal military when it created the National Guard surrendered nothing of the Constitutional division.
    19. Re:Now is the time to define. . . by PPH · · Score: 2, Interesting
      The militia is defined in the context of the Constitution itself in terms of the powers the states and congress have with respect to it. Specifically, states have the right to appoint its officers. However, the right to arm the militia is reserved to the US congress (Article 1, Section 8).


      This left the states in the position of being able to assemble a force to protect civil order (a police force), but no right to arm it. The second amendment was written to address this problem by ensuring that, since the people have the right to be armed, the states could assemble an armed militia from the general population.


      Its not certain exactly what rights this converys to the general population. It has never been tested by the Supreme Court. But it may be that if a state or locality decides to ban firearms, they cannot then create an armed police force. Their right (state or local law enforcement) to bear arms is derived from their right as a member of the general population to do so.

      --
      Have gnu, will travel.
    20. Re:Now is the time to define. . . by Anonymous Coward · · Score: 1, Interesting

      When the UK banned most guns it was a great step forward. The UK has had strict gun control for a long time and gun crime is very much smaller in the UK that in the US. The British police are mostly unarmed - it's wonderful.

      If criminals know that the average person is armed it is not going to stop them. They will make sure that they are armed too with a resulting increase in injury and death. And both countries have their fair share of nutters; in the US they have guns and can kill many more people. And American kids die when they find a gun and play with it - dreadful.

    21. Re:Now is the time to define. . . by hey! · · Score: 1

      In other words, the community is guaranteed the right to bear arms and the community is composed of individuals, so therefore individuals implicitly have the right to bear arms.


      Personally, I agree with you. However I don't think it is a conclusive argument. There are other ways the community can arm itself than through private firearm ownership after all. Even in revolutionary days, militias armed themselves any way they could, with a combination of private and communally owned arms; the ammunition was communally supplied, as was much the militiaman's field kit.

      Against this argument is the fact that the amendment could have been written more clearly if the intent was to protect private firearm ownership. Not only does it not mention individuals, it doesn't even mention individual ownership. In Switzerland, for example, it is my understanding that private posession of public militia arms is common.

      I don't buy at all the argument that because all members of the militia are individuals, all individuals are members of the Militia. That the concept of militia entials being subject to a some kind of military discipline can be seen in the text of the Fifth amendment. In fact, this shows that the framers used the word "person" when they were particularly concerned with a right that was peculiarly a personal right. They could easily have said "the right of persons to keep and bear arms", if that was what they really meant.

      It is my belief that the founders fully understood that the amendment would enable private ownership of firewarms, but it was no their objective, which was to allow communities to arm themselves. One went along with the other.

      Had the amendment been drafted in a modern context, I don't think this automatic association of the two would exist. However private firearm ownership has so long been cherished as a personal liberty in this country, that it must surely fall under the ninth amendment.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    22. Re:Now is the time to define. . . by Kreigaffe · · Score: 2, Informative

      The well-regulated militia clause actually is not part of the important phrasing.

      "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"

      A well regulated militia is neccessary to the security of a free state. Therefor, the right of the people to keep and bear arms shall not be infringed.

      That's what it says, to use a more.. modern.. parsing.

      While I would readily agree that it is significantly LESS neccessary today than at the drafting of the bill of rights, I must point out that that does not guarentee it may not be as relevant, or even moreso, at some point in the future. Further, an out-right ban on firearms would do amazingly little to curtail gun violence in this country (one need look no further than DC, NYC, or.. well, New Jersey entirely to see how ineffective massive gun control laws are -- criminals simply do not turn over firearms, and even if every gun currently in this country was destroyed tomorrow it is mind-blowingly simple to smuggle them across our porous borders. Think how many tons of cocaine make it across every year. Now smuggle something that a dog can't smell. Bam.)

      And FYI -- no, a citizen-army could not win against the US military in a conventional war..

      but foreign insurgent forces seem to do pretty damned well against them. Now imagine, rather than rag-tag groups from 3rd world nations with AK's, you have disgruntled americans with hunting rifles and AR-15s. You lose the language barrier between "good guys" and "bad guys", you lose the culture barrier. You lose the effect that being "somewhere else" has on our troops -- face it, you're more likely to blow stuff up if it's not YOUR stuff, or your FAMILY's stuff, or your COMMUNITY's stuff.

      regardless that's beside the point -- the real creamy filling is the first two things I typed :D the "well regulated militia" is not the key clause of the second amendment, merely explaining why the right of the people to keep and bear arms shall not be infringed.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    23. Re:Now is the time to define. . . by skam240 · · Score: 1

      "The gov abandoned the idea of a state regulated militia in favor of a federally regulated national guard. If the right to bear arms only applies to a state regulated militia, then we lost our right to bear arms many years ago."

      this is simply the national government adjusting to the fact that our national security is no longer under constant threat which is to say we are no longer under threat of invasion by the british, native americans or anybody else.
      of course one could ask, "what about terrorism?". I would suggest that the threat of terrorism in this country is overblown by many and that due to modern terrorism's covert nature (in most cases) having an armed populous would not be terribly usefull anyways.

      Gun confiscation leads to a loss of freedom, increased crime, and the government moving to the left

      let me just say how laughable your grouping of the government moving to the left in with increased crime and the like, implying that it's as bad as the rest. talk about wearing your political bias on your sleave.

      This has already happened in England and Australia. After Great Britain banned most guns in 1997, making armed self-defense punishable as murder, violence skyrocketed because criminals know that law abiding citizens have been disarmed. Armed crime rose 10% in 1998. The Sunday Times of London reported on the new black market in guns: "Up to 3 million illegal guns are in circulation in Britain, leading to a rise in drive-by shootings and gangland-style execution." There has been such a heavy increase in the use of knives for violent attacks that new laws have been passed giving police the power to search anyone for knives in designated areas.

      when i look at government studies in the UK on the subject of violent crime, it looks as if these rates have fallen a significant amount over the last few years inspite of this horrible crime inducing handgun ban (source: http://www.crimestatistics.org.uk/output/Page63.as p). couldnt find a violent crime timeline for australia so i cant say anything in regards to that.

      everything i've ever seen in regards to gun control and violent crime is that we are far from a final verdict on the subject. I've seen studies in which it look's like one would be a fool to ban guns and i've also seen studies which would lead to the opposite conclusion.

      me personaly, i think it's obsurd to give the average citizen the ability to easily doll out the death sentence at will. this is what we have the courts for (and to a lesser extent the police).

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    24. Re:Now is the time to define. . . by hey! · · Score: 2, Insightful
      This is a very interesting observation. Thank you.


      Its not certain exactly what rights this converys to the general population. It has never been tested by the Supreme Court. But it may be that if a state or locality decides to ban firearms, they cannot then create an armed police force. Their right (state or local law enforcement) to bear arms is derived from their right as a member of the general population to do so.


      Well, it doesn't follow that their right "as a member of the general population". In fact it's clear that the police right to bear arms does not in practice flow from any individual right of the officers. They can have their guns taken away, and if they don't have a carry permit they can't walk around armed.

      Let's say we assume that there is no second amendment right to individual firearm posession. The second amendment allows the "people" to be armed; if not as individuals, then this must certainly grant communities to arm chosen memebers of the community. Otherwise, the "people" aren't armed at all. The power exercised over the National Guard by the central government means that the existence of the Guard cannot be used, as many do, to prove that the Second Amdendment can be satisfied with no privately or locally controlled firearms.
      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    25. Re:Now is the time to define. . . by Kreigaffe · · Score: 1

      Correct me if I'm wrong but you still have shootings in the UK, yes?

      Now, we do have them in the US obviously. In my mind, a large problem is the culture in this country AGAINST guns.

      Colin Fergusson.

      Walked down a NYC subway, executing people. Stopped, reloaded, continued walking. Stopped, and while reloading a second time was stopped.

      If people were not so absolutely terrified of firearms, and especially if they were armed themselves, that tragedy -- and many others like it that happen -- would be stopped very quickly.

      as for kids finding guns and playing with them.. again, a fault of the anti-gun culture that has taken root in this country. If parents were responsible, they would teach their children gun safety. Personally, I was given my first gun at 6, for christmas. By that time I already knew the names of the important parts of a gun, and I already knew they were Serious Business and NOT to EVER be played with nor EVER pointed at anything you do not intend to kill.

      It is only when the parents decide that guns are unsafe around children under any circumstance, and rather than teach their children about them they choose to HIDE the guns from their children and pretend the kids won't ever find them.. THAT is when problems crop up. It's a failing of the parents brought on by an ill-adviced parenting strategy pushed by the anti-gun forces of this nation. Essentially they believe you must hide your guns from your kids and never speak of them because in that way we could breed a generation, hopefully, ignorant of guns and unopposed to the repealing of the second amendment. Along the way kids will die -- a small price to pay.

      Think I sound crazy? ... think about it, and it actually makes sense :O

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    26. Re:Now is the time to define. . . by Maxo-Texas · · Score: 1

      Iraqi civilians armed with primitive weapons seem to be doing a pretty good job.

      If there ever was a coup, there is enough firepower in the US to give them unholy hell.
      The average drug gang has sufficient firepower to do that now.

      I agree, a citizcen army couldn't defeat the military army on the field.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    27. Re:Now is the time to define. . . by Procyon101 · · Score: 1

      Wonderful.... right... Which is why, on my recent trip to London, I was warned repeatedly about muggings.

      Before applauding your wonderful reduction of gun crimes, look at your per capita violent crime stats as compared to the US, including knives, bombs, etc. I think you will find you aren't doing as well as you think you are. Last I checked, Brittain's per capita violent crime rate exceeded the US as a whole (although it was still in the good median range for western countries).

    28. Re:Now is the time to define. . . by Dun+Malg · · Score: 1

      I find most vocal gun rights advocates leave out the "well regulated militia" clause if the second amendment. "Well regulated" means "practiced and capable". It has nothing to do with control or restriction. In the context of military forces of the time, it's the difference between regulars and irregulars. The former are men who can be counted on to shoot straight, obey commands, and not hide or run at the first volley of musket fire. The latter are random folks pulled off the street, handed firearms, then sent to the fight--- usually with little or no training.

      I've always been amazed at how poorly that amendment parses. The perceived awkwardness stems from its attempt to address two issues that were of great concern at the time of drafting. Some delegates were more concerned with the possibility that the federal government would usurp the states' rights to call up the militia. Others were more concerned with the right of the individual to keep and bear arms. Both concerns are addressed in the 2nd Amendment; the former with the "A well regulated militia, being necessary to the security of a free state" part, and the latter with the "the right of the people to keep and bear arms shall not be infringed" part. The fact that the right of the states to call up militias is largely a non-issue now has led many people ignorant of history to think the first half is intended to modify the second. They're simply wrong. The Bill of Rights may have only ten original amendments, but they shoe-horned in far more than one right per amendment wherever they could.They were trying to strike a balance between covering as much as they could while not having it be so long that it would be mistaken for an exhaustive list of all rights.
      --
      If a job's not worth doing, it's not worth doing right.
    29. Re:Now is the time to define. . . by jadavis · · Score: 1

      I don't agree that the constitution gives the sweeping endorsement it once did.

      So the Second Amendment is saying something different now than when it was written? I wasn't aware that it had been amended.

      If you arbitrarily dilute the power of the Second Amendment, leaving it entirely malleable in the hands of judges, then we have lost every other right in the Constitution as well.

      If you really want it to mean something else, pass an Amendment. I'd rather that happened than lose all my other rights as well.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    30. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0
      What a 'well regulated' militia is. Probably has to be set up to defend nat'l safety.
      No, it's utterly and completely irrelevant. It doesn't matter if the Second Amendment were to be written "The moon being made of green cheese, the right of the People to keep and bear arms, shall not be infringed." The right of the People to keep and bear arms shall not be infringed. Period. End of story. The rationale behind that decision doesn't matter. It's the law of the land. If somebody wants to change it, they can amend the Constituation to do so.
    31. Re:Now is the time to define. . . by Renraku · · Score: 1

      Look at the Brits. I wouldn't be surprised if people were being forced to have wireless cams hammered into their foreheads, with the promise of them only being recording when they're out in public.

      Because there's little threat of revolution when the government controls all the good weapons.

      Imagine you're 7. You're at the local park. A bunch of boys are playing football. One team, unfairly, picks all the older, and obviously bigger boys. Your team gets the hypochondriac, the boy with one eye, the boy in a wheelchair, and the boy with one arm. Now go ahead and go against this well-put-together team. No matter what you do, you're going to get fucking smeared all over the field without outside support.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    32. Re:Now is the time to define. . . by Dun+Malg · · Score: 1

      What if your town decided to create a militia? I'm not talking about a police force (which performs the local security duties of the militia), but force that is armed for battle. Could the state or federal government step in and intervene? I don't think so. They shouldn't be able to, but they certainly would--- and have. In the late 60's and early 70's Black Panther Party members formed their own community militias and started patrolling under arms as a check on rampant, unpunished abuse of power by racist, all-white police forces. Since this was not illegal, many jurisdictions decided (since it was NEGROES doing it) it ought to be, constitution be damned. As a result, it is now essentially illegal to walk around openly armed in public in most municipalities. While the politics of the BPP were highly questionable, their right to openly arm themselves publicly in defense of self and community absolutely should not have been infringed.
      --
      If a job's not worth doing, it's not worth doing right.
    33. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0
      (basically, striking is breaking your work contract, giving the finger to your employer)
      Nitpick: Often, striking occurs when a contract expires and it's time to negotiate a new one. There is no active contract to break.
    34. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0

      I live in the US and Im doing exactly as well as I think I am.

      Of course you should be careful of being mugged, whether it be in London, New York, or anywhere else. Im glad someone warned you to be careful. They warn visitors around here as well.

      Britain's violent crime may be higher but it not done with as many guns. A knife is very limited; a gun has a lot more impact. And the police don't have to over-react as much as they do in the US (e.g. the recent stag-night shootings in New York).

      Anyway, are you really suggesting that it will be best for society that we all carry weapons all the time? Society is about having a code of conduct that frees everyone from suvival of the fittest, or the largest gun. The idea that a teacher should carry a gun to protect his/her pupils is abhorent. The US is no longer the Wild-Wild-West.

    35. Re:Now is the time to define. . . by stanmann · · Score: 1

      The problem with your theory is that the purpose of the militia is to (in theory) keep the federal government in check.

      All enemies foreign and domestic

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    36. Re:Now is the time to define. . . by EQ · · Score: 1

      As a coder - I say read the source and you'll understand the program better.

      From the Library of Congress:

      http://memory.loc.gov/cgi-bin/ampage?collId=llsl&f ileName=001/llsl001.db&recNum=144

      "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 problem for you and 99% of the posters here is the extra commas in your citations - they are simply wrong and mislead you.

      As seen above, they were NOT part of the original bill of rights - and you should take them OUT. The "well regulated militia" can be seen clearly above as a justifying clause (i.e. reaons for this amendment), and the "right of the people ... not infringed" is clearly seen as the establishing clause (i.e. the law).

      Plus, you misconstrue "well regulated". That terminology in those days had nothing to do with law or organization - but with it being functional - i.e. properly equipped for its function.

      The following are taken from the Oxford English Dictionary, and bracket in time the writing of the 2nd amendment:

              1709: "If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations."

              1714: "The practice of all well-regulated courts of justice in the world."

              1812: "The equation of time ... is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial."

      In the case of the [unorganized] "militia" (all otherwise unburdened full citizens of proper age) that means "well equipped and competent" - that is "properly armed".

      If you translate that into modern usage, the 2nd Amendment becomes much more clear:

      A properly armed citizenry being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

      Now where does that allow for handgun *bans*? Nowhere. However it does allow for limitations on the "proper" armaments available for the citizen. So no howitzers or machine guns or chemical weapons. No sawed off shotguns or claymore mines. But Knives, nun-chucks, mace, properly functioning pistols, shotguns and rifles are reasonable.

      Why are people so thick headed about this?

      Its a huge stretch to see it characterized this way for gun control. It would be requiring petition for grievences to only be legal if they were assembled directly at the peron in government to whom you were petitioning - so no rallies, etc.

      Aside from that, if you want to rouse the really hard conservatives from their slumber that Bush has put them in, this is a sure fire way to get a very large number of well monied and highly motivated one-issue voters out there and run the Democrats out of office in 2008. It worked back in 1994. I think Newt Gingrich is probably cheering these foolish lawyers on - I know Rove coulndt ask for more if he wants to fire up his base. Come on Democrats, smarten up! This issue is a political loser - and on top of that, in the bigger scheme, its not all that important compared to other social justice issues that can and should be taken on with the time and talent at hand.

      --
      Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo! http://goo.gl/J9bkO
    37. Re:Now is the time to define. . . by Procyon101 · · Score: 1
      are you really suggesting that it will be best for society that we all carry weapons all the time?


      No, I am suggesting that it would be best for society that the criminal element is not able to assume that the non criminal element are a bunch of sheep. Whether you carry an arm or not is irrelevent. Disallowing the populace self protection is a de facto licence for criminals to act with impunity, knowing that only other criminals can be armed by definition.
    38. Re:Now is the time to define. . . by NormalVisual · · Score: 1

      I agree, a citizcen army couldn't defeat the military army on the field.

      But if it ever came to that, it wouldn't be a fight on the field. You can't occupy an area without sending the soldiers in individually, and I believe that a large amount of the fighting would be door to door. There'd certainly be a lot of dead citizens, but with the limited number of soldiers it'd pretty much be a losing war of attrition unless someone like China got involved. If you lost two troops for every five households (and I think that's conservative), the government's losses would become crippling pretty damn quickly.

      For those that think I'm mistaken, don't forget the elderly Atlanta woman who recently shot and incapacitated three of the highly-trained and armed-to-the-teeth SWAT members who stormed her house looking for drugs before being shot down herself. Someone better armed and better trained is likely to extract a lot more casualties in the same situation.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    39. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0

      Yea but the bill of rights itself was the result of federalist pandering in order to get the federal government created in the first place, it was a method of assurance of the individual and of the state of protection against the federal government. When taken in historical context the words don't matter as much, they most certainly did not mean for only the federal government to have weapons, as the bill of rights was a protection *against* the federal government.

    40. Re:Now is the time to define. . . by jonkster · · Score: 1
      Gun confiscation leads to a loss of freedom, increased crime, and the government moving to the left. This has already happened in England and Australia.
      pardon? Where do you get your info on Australia?
      Can't say I've seen any increase in crime. Firearm deaths have been declining.
      Interestingly this has been happening since well before the gun 'buy back' program. The difference of the gun buy back program and tougher licencing seems to have been to stop mass shootings (there had been about 10 between 1985 to 1996 when the port Aurthur massacre prompted tighter laws and a gun buyback system) Since 1996 there have been none that I can recall.
      The tighter laws seem to have stopped such massacres. They haven't made a major difference to total firearm homicides (although these have continued to decrease)
      There seems to be a lot of odd stories about Australia descending into violence since tighter laws were introduced. Sounds funny to someone who actually lives here - not where I live!
      • http://www.snopes.com/crime/statistics/ausguns.a sp
      • http://en.wikipedia.org/wiki/Gun_politics_in_Aus tralia
    41. Re:Now is the time to define. . . by Fulcrum+of+Evil · · Score: 1

      There has been such a heavy increase in the use of knives for violent attacks that new laws have been passed giving police the power to search anyone for knives in designated areas.

      If they had any sense, they'd search the guy for knives and, if he didn't have one, issue one.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    42. Re:Now is the time to define. . . by blofeld42 · · Score: 1

      "The gov abandoned the idea of a state regulated militia in favor of a federally regulated national guard." No, they didn't. That's completely false. First of all, the National Guard is dual-headed entity; it's both a state militia and a reserve component of the US armed forces. Until federalized it's a state militia controlled by the state governor. Second, the state militias still exist, often called "State Guards." These are NOT elements of the US army or the National Guard and are controlled entirely by the state governor, unless and until called into national service by the President per the Constitution's militia clauses. The Texas State Guard and California State Guard are two examples. Third, explictly enumerated rights or powers don't disappear simply because of disuse. There are any other numbers of objections as well; the 2nd revers to a "right", which devolves to persons, not a "power" which devolves to governmental organizations. It also revers to "the people", which is deployed as a term of art in the constitution, a three-party document with the federal government, state governments, and the people.

    43. Re:Now is the time to define. . . by ScentCone · · Score: 1

      If criminals know that the average person is armed it is not going to stop them.

      Wrong. Letting one know that I was armed did stop him. Perfectly. A nobody got killed or hurt (um, not counting what may or may not have happened to him in prison, later - but that's a separate conversation).

      They will make sure that they are armed too with a resulting increase in injury and death

      They already are! And if you take away that tool from the non-criminals, you get insane conversations - as you've had in Britain - about whether or not to criminalize kitchen knives.

      And American kids die when they find a gun and play with it - dreadful

      Exactly as dreadful as kids that die burning down their house while playing with matches, or die emulating some stupid stunt they saw on TV. It's almost as if... when they haven't been shown how to be sensible, they do stupid things. I was introduced to firearms early and often. My family took all of the mystery out of firearms when I was little, and made a point of demonstrating their danger. I grew up seeing them exactly as I would see an acetylene welding torch in the garage: a dangerous tool with which you didn't screw around. I can say the same for all of my friends, too. The kids who hurt themselves with guns only do so because of idiot parents.

      --
      Don't disappoint your bird dog. Go to the range.
    44. Re:Now is the time to define. . . by Fishy · · Score: 1

      " After Great Britain banned most guns in 1997,"

      Nope, most guns in the uk were and still are shotguns, and are stil legal where needed. Handguns were very seldom held by anyone.

      " making armed self-defense punishable as murder,"

      Complete garbage.

      " violence skyrocketed because criminals know that law abiding citizens have been disarmed."

      Complete garbage, carrying handguns has always been illegal.

      " Armed crime rose 10% in 1998."

      True, but totally unconnected with guns of any kind. I could find a link with the price of baked beans easier than you could find a link with guns.

      " The Sunday Times of London reported on the new black market in guns: "Up to 3 million illegal guns are in circulation in Britain, leading to a rise in drive-by shootings and gangland-style execution." "

      This is the UK, a rise means 1, and 3 million, damm thats funny you couln't even find 300,000 people who knew how to fire a gun.

      "There has been such a heavy increase in the use of knives for violent attacks that new laws have been passed giving police the power to search anyone for knives in designated areas."

      Wrong again, stop and search has been around for donkeys years, it was only re-formed as is common in law and order bills.

      Dear gun nuts, stop using the UK as an example. You don't have a clue. The UK never had pubic ownership of guns, because we never wanted it.

    45. Re:Now is the time to define. . . by zenkonami · · Score: 0

      Might I suggest you take a look at why Great Britain banned most guns in 1997.

      The Dunblane Massacre and The Hungerford Massacre some years before.

      Also note that the UK is rated #46 in murders per capita, though they do suffer from a significantly high crime rate overall. In fairness, the US, right to bear arms still largely intact, isn't that far behind them.

      That said, the US does have a higher perception of it's relative safety than most other nations.

      Not taking sides. Just passing on information.

      --

      Do You Experiment?
    46. Re:Now is the time to define. . . by rjh · · Score: 1

      The major problem with your interpretation is that is is textually unsupportable.

      Well-trained semiprofessional soldiers (very much like today's National Guard) were well-known to the Framers. The language used in the day was "select corps" or "elite corps". If the Framers intended the Second Amendment to apply to a group like that, the language would read "a well-regulated select corps...", not "a well-regulated militia".

      The National Guard is not a militia, in the Second Amendment sense of the word. For further evidence of this look at The Federalist Papers, particularly Federalist 29, which uses both "select corps" and "militia"... and not interchangeably.

    47. Re:Now is the time to define. . . by Decaff · · Score: 1

      After Great Britain banned most guns in 1997, making armed self-defense punishable as murder, violence skyrocketed because criminals know that law abiding citizens have been disarmed.

      You obviously have no idea what you are talking about. Firstly, violent crimes have fallen dramatically since 1997. Secondly, law abiding citizens in Britain have not been 'disarmed', as they never were armed. Gun ownership in the UK was always limited to a tiny minority, and so criminals never expected to be confronted with guns. The banning of guns in 1997 was simply to remove the very few private firearms that could still cause problems (as happened at Dunblane).

      If you are basing any kind of case for mass ownership of guns (a crazy idea in any society) on this, you are well out of line.

      The Sunday Times of London reported on the new black market in guns: "Up to 3 million illegal guns are in circulation in Britain, leading to a rise in drive-by shootings and gangland-style execution."

      And you assume mass ownership of guns would help that?

      There has been such a heavy increase in the use of knives for violent attacks that new laws have been passed giving police the power to search anyone for knives in designated areas.

      Totally irrelevant. The banning of a few privately-owned rifles for sport (which is what happened in the UK) would have had no influence on this.

      Where are we going? Who is taking us there? Should we be kicking and screaming?

      Celebrating, in my view. Perhaps you might manage to get your murder rates down to that of other western democracies.

    48. Re:Now is the time to define. . . by jamstar7 · · Score: 1
      The right of private firearm ownership is not, in my opinion, not directly covered by the Second Amendment, which I believe is about the right of communities to arm themselves. Most quotations from the founders that are used to support private firearm ownership are more accurately read in that light.

      You've got more reading to do.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    49. Re:Now is the time to define. . . by Twisted64 · · Score: 1
      Celebrating, in my view.

      You should be modded up. Unfortunately, most of the US slashdotters actually seem to be totally insane when it comes to guns. It's worse than bickering over linux. How many posters own guns, I wonder?
      --
      Consciousness is a myth. Trust me.
    50. Re:Now is the time to define. . . by skam240 · · Score: 1

      anti-gun culture? this country is more pro-gun than any other industrialized nation i can think of. where else in the first world does a lobying group organized around gun ownership hold so much power. what other country in the industrialized world has gun ownership rates as high as ours?

      plus it's always a fun fact that our country is always near or at the top of the list for violent crime in industrialized nations every year.

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    51. Re:Now is the time to define. . . by skam240 · · Score: 1

      for starters it's hard to compare violent crime rates between countries because different countries have different deffinitions on what constitutes a violent crime. almost every country, however, agrees on what a homocide is which makes this a much better source for comparison.

      i had a hard time finding more current data but as of 2000 the UK's homicide rate was quite a bit lower than the united states (http://www.nationmaster.com/graph/cri_mur_percap- crime-murders-per-capita). even if there are more muggings in the UK, which i havent checked on yet, i'd much rather have my wallet stolen than be killed.

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    52. Re:Now is the time to define. . . by DaTrueDave · · Score: 0
      I find most vocal gun rights advocates leave out the "well regulated militia" clause if the second amendment. I've always been amazed at how poorly that amendment parses. My reading is the same as yours - citizens may have firearms so that they mey function as part of an organized "militia," or protective group.

      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.

      Darn that pesky comma after the word "State". Grammar actually mattered when our Bill Of Rights was written, though, so that comma is important. The Second Amendment says that disciplined militias are important to a nation's security, and, thus, the United States shall not infringe upon the right of the people to keep and bear arms. It's quite clear if you don't ignore that comma.

    53. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0

      Not true. Like other posters, I am very happy NOT to leave out a single word.
      This BS that 2nd Amendment supporters are afraid to admit that those words are in
      there is an old old old liberal line. The wording is perfectly reasonable. Needless to say, the amendment is say (if I must spell it out for you), that people need to own guns, know how to use them, practice with them, etc. so that ("inorder that") we have the capability to form a militia (citizens army, government army, whatever) if and when we need one. The initial phrase is merely the reason for the amendment. I wish all the amendments detailed the reason like this one does.
      Why do we need this amendment? Yes, there are negative consequences that criminals will use weapons, however the benefits are so great they out weigh every headline.

      For example, say nobody had the slightest knowledge of the usage of any weapon and in fact had no weapons. How long then would it take to put any kind of army together. Practically forever. But thanks to the Second Amendment, one could be put together pretty quickly. Another example: the government run army, then the national guard, the reserves, etc. are faced with a formidable enemy. One which totally anilihates them. Wiped out. The country is lost, right? Wrong, thanks to the second amendment there still might be ordinary citizens left with some weapons knowledge that can be a last defense to prevent the country from being taken over by some enemy. This insurgancy might be a long shot, but in the right situation (like the American Revolution), might be the only thing to save the nation. Another example: The government is unable or unwilling to protect you from immediate danger/violence. Thanks to the second amendment you have some capability to lawfully protect yourself. Final example, suppose the government itself becomes the enemy of the people. Without the 2nd Amendment there could be no uprising. Thanks to the 2nd Amendment there is a safety valve of weapons ownership and knowledge in potential time of need. While the 1st Amendment protects the power of the pen and the mind and your voice, if that fails the 2nd Amendment is there if out of necessity the situation turns violent.

    54. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0

      Yes, the UK banned most if not all guns in 1997 but you've blatantly forgot to mention why that was. On 13th March 1996 Thomas Hamilton shot and killed 16 children and their techer, forever known as the Dunblane Massacre. Hamilton didn't have any illegal guns, but rather he had legal licences for six guns.

      Was the ban ever intended to stop the flow of illegal guns? NO.
      Has the UK had any other incidents similar, using guns since the ban? NO.
      Has the ban worked? YES.

      I do believe the same situation has arisen time and time again in USA, where indiviuals either own or have access to legal firearms and use them within school.

    55. Re:Now is the time to define. . . by Guppy06 · · Score: 1

      "The gov abandoned the idea of a state regulated militia in favor of a federally regulated national guard. If the right to bear arms only applies to a state regulated militia, then we lost our right to bear arms many years ago."

      Your mileage may vary.

      "it is their right and duty to be at all times armed"

      Jefferson, Jefferson, Jefforson... you dip into Mason and Hamilton a little bit, but you ignore the guy who wrote the amendment itself (Madison) and, more damningly, your idolization of your "founding fathers" makes you ignore the fact that we live in a federal republic and that it wasn't lone individuals who gave us either our federal constiution or our a bill of rights but the combined actions of federal and state legislatures. You also gloss over in one quote that you're refrencing a draft constitution; the final Declaration of Rights in Virginia made no mention of individual gun ownership (it took Pennsylvania and New England to introduce that one)

      I grab the quote you provided specifically to point out the Eighteenth Century idea, the duty involved in gun ownership. Just because 1776 Virginia didn't seek to protect individual gun ownership, militia service was still mentioned and, additionally, freemen in Virginia were required to provide their own weapons for service in the militia. The people were expected (not "allowed") to not only arm themselves to but step forward and use those weapons in the defense of the state. Even all your precious Virginians didn't envision the current state of affairs, where gun owners are allowed to amass these toys with little or no obligations towards the maintenance of the state.

      "Gun confiscation leads to a loss of freedom, increased crime, and the government moving to the left."

      "Moving to the left?" As has been pointed out ad nauseam, Canada both has more guns per capita than the US (UK, Australia, etc.) and is generally described as being more aligned to the left than the US (UK, Australia, etc.). They have more firearms than the US, a larger percentage of those firearms are rifles or carbines than in the US (i. e. real weapons), and Canadian gun-owners have more legal responsibilities than in the US. It sounds to me like "leftist" Canada is closer to the 1776 "Everybody must own and maintain their own rifle and use it as directed by the state" ideal than the modern US (or at least the gun-crazy red states), and it seems that responsible gun owners should by their nature lean to the left (as you define it), as responsibility should never be optional when it comes to owning a weapon.

    56. Re:Now is the time to define. . . by Desert_Scarecrow · · Score: 3, Insightful

      Dear poster,

      Currently, a bunch of poor, under-educated fighters are beating the U.S. military using propane tanks, styrofoam, gasoline, and an abudnant supply of military ordinance. Most of them are not residents of the country they are doing this in; they are operatives from foreign countries who have been trained on how to establish support from the locals.

      One of their greatest weaknesses is that despite the fact that the country they operate in was, until recently, the 4th most heavily armed country in the world, they have difficulty in aquiring military-grade munitions. Thankfully, they are turning more and more to homemade explosives, indicating that the supply of military-grade is dwindling. I say thankfully because this is my second tour, and it indicates that my third will not be as violent as the first two.

      If you think the U.S. military is invincible you are wrong. If you think that it would be very very hard to beat without munitions, you would be right. Simply choose between legal posession of firearms (which is a habit less dangerous than legal posession of cars, swimming pools, or alcohol) versus the ability of your government to oppress you at any time with no recourse of any kind.

      Thanks,

      A US Servicemember

    57. Re:Now is the time to define. . . by ignavus · · Score: 1

      "Gun confiscation leads to a loss of freedom, increased crime, and the government moving to the left. This has already happened in England and Australia."

      Australia? Moving to the left? RUBBISH! You have absolutely no idea what you are talking about.

      Since banning semi-automatic weapons in Australia in the mid 1990s, we have had 10 years of the most right-wing conservative government that Australia has known in my lifetime. We have moved rightwards, not to the left. Little Johnny Howard (our Prime Minister) is the cheek-to-cheek friend of George W Bush, and admirer of Reagan and Thatcher. He is more right-wing than any preceding government by his own party (e.g. Menzies, Fraser, Gorton).

      And crime rates in my Australian state are coming down, not going up. Violent crime rates are mostly a function of drug dealing and the "war on drugs" - little to do with firearms legislation whatsoever. Our murder rate is about half that the the US, and it is stable or declining slightly.

      Guns don't kill people. Armed people don't kill people. Bullets kill people. Bullets that come from guns that are held by armed people.

      --
      I am anarch of all I survey.
    58. Re:Now is the time to define. . . by BlueItalian · · Score: 1

      This has already happened in England and Australia. After Great Britain banned most guns in 1997, making armed self-defense punishable as murder, violence skyrocketed because criminals know that law abiding citizens have been disarmed. Armed crime rose 10% in 1998. The Sunday Times of London reported on the new black market in guns: "Up to 3 million illegal guns are in circulation in Britain, leading to a rise in drive-by shootings and gangland-style execution." There has been such a heavy increase in the use of knives for violent attacks that new laws have been passed giving police the power to search anyone for knives in designated areas.

      Where are we going? Who is taking us there? Should we be kicking and screaming? I know as a matter of fact that this is a LIE, if you don't like to call it BULLSHIT. Let's have a laugh and cite the sources of the datas. Then, compare the numbers of the "safe" gun driven american society.
    59. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0

      Mod parent up... s/he's correct.

    60. Re:Now is the time to define. . . by Rohan427 · · Score: 1

      To understand the Second Amendment, one must have read and understand the Common Law from the time it was written, and the many, many debates leading up to the final wording of the amendment itself. It was not originally written in the form that it took in the final draft. It went through at least three revisions. There were many debates by the States and the framers until the wording we have was finally agreed upon. The words "people", "militia", and "arms" have very clear and precise definitions. There is absolutely no ambiguity at all. In addition, the Bill of Rights was put in place to protect the States and the people therein from the Federal Government because they had seen what a national government with too much power would do.

      Arms are any weapon that would be carried by an infantryman in the national military.

      People refers to the citizens of the United States, each and every one, not as a group.

      Militia refers to those men (remember, women had few rights) who were citizens who were able to shoot a gun and owned one. They were also not paid by the State or US Government, but could and should be ready to defend the State if called upon to do so. Once the State called upon the militia, it was up to the State to provide proper training, food, etc. for them. Today, because rights have since been given to women that were once only afforded by men, women are also considered to be part of the militia as defined.

      In California - where I live - the militia is incorrectly defined as the National Guard and any other form of militia is illegal under state law. Even though the sate can prohibit the possession of a gun on state owned property (e.g. - a government building, park, etc.), it has no right to make laws against my purchasing and ownership of any arms as defined by the Constitution and the Common Law of the day.

      The Second Amendment also states that the rights mentioned in the amendment "...shall not be infringed." This is pretty damned clear to anyone with 1/4 of a brain. It means that every citizen has a right to own an "arm" and government can make no law removing that right. There are clear reasons for the right, as explained at length in the many writings and discussions leading up the the approval of the amendment. Anti-gun and government folks clearly ignore this in order to see their own agenda through (whatever that may be), and count on the general ignorance of the people to make these laws stick.

      The States knew that without all the privately own arms in the colonies, the war would have been lost. They knew that government would, if left un-checked, eventually exert its power over the people once again as the king had. The Bill of Rights, and especially the Second Amendment was written as a safeguard against that. Many of the framers also knew that it is still only a piece of paper, and that piece of paper is useless and meaningless if the people don't stand up and make sure it is followed and enforced.

      The Second Amendment affords both an individual right (keep and bear arms) and a community right (a militia). The argument that "times have change" is only given by the ignorant or those that have some underlying agenda. Times have not really changed at all. In fact, governments of all countries, especially our own, have become even more dangerous and we should be even more diligent than ever before in our watching them and keeping them in check.

      PGA

    61. Re:Now is the time to define. . . by Dausha · · Score: 1

      "ave the right to appoint its officers. However, the right to arm the militia is reserved to the US congress (Article 1, Section 8)."

      However, it is worth mentioning that amendments change the meaning of the Constitution. We see this when selecting Senators went from being a state legislature to a general election, women got the right to vote, etc. Therefore, it is not relevant what Art I, sec. 8 says about the militia. If that same section said Congress could restrict firearm ownership, and the Second Amendment was ratified, then that clause would be null-and-void.

      --
      What those who want activist courts fear is rule by the people.
    62. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0
      A properly armed citizenry being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

      Now where does that allow for handgun *bans*? Nowhere. However it does allow for limitations on the "proper" armaments available for the citizen. So no howitzers or machine guns or chemical weapons. No sawed off shotguns or claymore mines. But Knives, nun-chucks, mace, properly functioning pistols, shotguns and rifles are reasonable.

      Horseshit -- your however clause and all following are a complete non sequitur.

      As just a single objection, your "properly armed" is your own private interpretation/translation of well-regulated. It's not mine, nor that of many others. You have crafted it only to allow you to shoehorn in your own personal idea of limits to impose on others. So fuck off.

    63. Re:Now is the time to define. . . by dark_requiem · · Score: 1

      Two things need to be noted in light of your statements. First, individual rights need not be either explicitly stated or implied:

      Amendment IX - Construction of Constitution. Ratified 12/15/1791.

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


      In other words, the founders understood that they could never hope to make a complete list of all basic rights. The intention was to enumerate several specific and important rights so they could not be questioned. The fact that they believed that the right to keep and bear arms fell into this category of essentially important rights is telling. However, it is important to remember that just because a particular right is not specified in the constitution does not mean it is not a right.

      Second, the government is permitted only to engage in activities specifically prescribed to it:

      Amendment X - Powers of the States and People. Ratified 12/15/1791.

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


      What are those prescribed duties?

      Section 8 - Powers of Congress

      The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

      To borrow money on the credit of the United States;

      To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

      To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

      To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

      To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

      To establish Post Offices and Post Roads;

      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

      To constitute Tribunals inferior to the supreme Court;

      To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

      To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

      To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

      To provide and maintain a Navy;

      To make Rules for the Government and Regulation of the land and naval Forces;

      To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

      To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

      To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

      To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereo

    64. Re:Now is the time to define. . . by SpacePunk · · Score: 1

      How about you free your head from your ass? Getting rid of guns will not get rid of violence or crime. Knives are more efficient to use in close quarters than a gun ever will be.

      Violent crime is NOT more acceptable if it is done with a weapon other than a gun, it's not more civilized, and to try to paint it as such is assinine.

    65. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0

      The new contract would go into effect later, though. Meanwhile, people are still working on the old contract, until that one expires. It's like elections. You don't only vote the day the President leaves office, right? You vote maybe months in advance (depending on your country).

      Still, there is no reason why on employer shouldn't be able to fire people who don't show up for work and employ people that will actually work 5days 8hours. And if strikers get armed and sit down in your company and try to keep other people from working, that is IMHO a *serious* criminal act, especially when they don't back off when Security shows up.

      Les Standiford's book tries to paint the strike as if it was a tragedy (ok, it was), but I have absolutely no passion for people that voluntarily quit work and then act in utmost stupidity, basically asking for violence (otherwise if people choose to strike' that's fine by me; just don't expect to get rich that way, or to advertise what a good, loyal employee you are). I don't get a gun and camp in some other guy's house, FOR A REASON.

    66. Re:Now is the time to define. . . by Anonymous Coward · · Score: 0
      The fact that this is implicit makes it no less enforceable, because of the ninth amendment.

      More to the point, the lack of presence as an enumerated right does not mean the right does not exist.

      The ninth amendment says explicitly (and entirely): "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

      This should be burned into two-by-fours and legally used to bash sense into the whiners who say, "But the Constitution doesn't grant anyone the right to use Intel processors; therefore I can take yours away if I see you using it." Pusillanimous bastards.

    67. Re:Now is the time to define. . . by PPH · · Score: 1
      I might be getting crosseyed, but I think we're saying the same thing.
      Well, it doesn't follow that their right "as a member of the general population". In fact it's clear that the police right to bear arms does not in practice flow from any individual right of the officers. They can have their guns taken away, and if they don't have a carry permit they can't walk around armed.
      The requirement that officers have a valid carry permit and, absent that permit, lose that right is exactly the same as the rights of private citizens. So it would appear that their rights are equvalent to those of the general population.

      Any attempt to preferentially permit police (or anything else that state creates that might be a 'militia') would be the equivalent of arming them, which is reserved to the US Congress

      Let's say we assume that there is no second amendment right to individual firearm posession. The second amendment allows the "people" to be armed; if not as individuals, then this must certainly grant communities to arm chosen memebers of the community. Otherwise, the "people" aren't armed at all.
      The Constitution doesn't recognize an entity called a 'community'. It recognizes states and grants them rights. If the state delegates these rights to communities, that's fine. But they can't delegate rights that they don't have. And they don't have the right to arm militias. If the communities want to form armed groups, just like the states, they need to find armed citizens and organize them.
      The power exercised over the National Guard by the central government means that the existence of the Guard cannot be used, as many do, to prove that the Second Amdendment can be satisfied with no privately or locally controlled firearms.
      The National Guard is one instance of a militia that Congress has explicitly acted to arm and train. But that doesn't create a loophole for states to organize other groups, call them 'not the militia' and then arm them in violation of the Constitution.
      --
      Have gnu, will travel.
    68. Re:Now is the time to define. . . by hotdiggitydawg · · Score: 1

      Because they are inefficacious. You can bet that the Department of Homeland Security / MI6 / ASIO / (insert your local stasi of choice) already know where they live too.

    69. Re:Now is the time to define. . . by hey! · · Score: 1

      The requirement that officers have a valid carry permit and, absent that permit, lose that right is exactly the same as the rights of private citizens. So it would appear that their rights are equvalent to those of the general population.


      Certainly, we agree on this fact, but perhaps differ in interpretation. Most likely I mistook your point. That the police go armed has no bearing at all on a private right of firearm ownership. I am pointing out that the right of the communities to arm police may be protected under the Second Amendment, whether or not that amendment applies to those officers' rights as individuals. These two questions are completely separate, except that they both depend on recognizing that the National Guard does not fulfill the requirements of the Second Amendment.


      The Constitution doesn't recognize an entity called a 'community'.


      It doesn't recognize the phenomenon of personal firearm ownership either. They're both implicit in "the people".

      Splendid and innovative as the Constitution is, it has severe faults as well, faults of the sort that can only be revealed by centuries of exegesis. Chief among them was a failure to define the precise extent of its terms, but also a rhetorical style that leaves future generations unsure over what language has the force of law, and what is dicta (e.g. the copyright clause).

      Newer documents of this sort are far superior, e.g. the EU Directive on Privacy. They spend a considerable fraction of their bulk explaining exactly what they intend to mean when they use a term like "person".
      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    70. Re:Now is the time to define. . . by hey! · · Score: 1

      I've read the screeds published by the gun lobbies, and actually have gone so far as to find many of the quotations they use in their original context. While I am sympathetic to their aims, I must say I am unimpressed with their honesty or scholarship; in some cases I have found the quotions heavily redacted to favor a particular reading.

      My position is the result of this: the founders did not conceive of the establishment of the militia and private firearm ownership as being different issues; however it does not logically follow that the two issues are the same, or the restrictions placed on the government equal in either case. The powers granted to the government are independent of the ends and means envisioned by the framers. That has been shown in Congress' abuse of its copyright powers. Abuse it may be, but it is not unconsitutional.

      Let me be clear: I am not hostile to private firearm ownership. The right of a private gentleman to amass, for his personal use, a collection of fine weapons is indeed a right, but not one that is an end of the Second Amendment. Furthermore, the idea some people seem to have about the exercise of Second Amendment rights today would clearly be obnoxious to the framers. The Second Amendment does not grant the right of a private individual to bear arms against his neighbors to enforce his personal idea justice, although in some scenarios this may be a right. Nor would the framers have considered it a license for a group individuals to repeal local laws and ordinances they disagree with by taking up arms. Quite the contrary, private firearm ownership would be instrumental to stopping such a group.

      The framers' concept of the private exercise of arms is best understood in the context of the English Civil War, and the constitutional and political principles that resulted from it. Whiggish though the framers were, it is an idea popularized by the Tory gentlemen during the Restoration, who revivied the medieval practice of aristocratic military duty as a check on the powers of Parliament under a future Cromwell and, ironically, in support of the King. After the American Revolution it was given a much more politically correct Whiggish gloss.

      I therefore stand by my position: the Second Amendment is about establishing a militia, whose members would be subject to locally controlled military discipline. Private firearm owneship was simply assumed instrumental to that end. Were the right particularly envisioned as a personal right, especially one enforceable against the local government, they would have certainly used the term "person" instead of "people". We can see that in the Fifth Amendment, which is particularly about personal rights enforceable against the government.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  4. From my cold dead hands by drewzhrodague · · Score: 3, Insightful

    Hi. Like the man said, 'from my cold dead hands.' Guns aren't just for the military, cops, and gang-bangers -- we have 'em to make sure that our government doesn't herd us into cattle-cars, and send us off to the thermal depolymerizor en masse. We've already got Extrordinary Rendition, what's after that?

    I have '666' in my NRA membership number.

    --
    Zhrodague.net - I do projects and stuff too.
    1. Re:From my cold dead hands by Anonymous Coward · · Score: 0, Interesting

      The other side's argument to that is usually, "What can your deer rifle do against an Abrams tank or a nuclear bomb?" They neglect to think. In the days when the Bill of Rights was drafted, there were no heavier weapons than a cannon -- which was a slow, easy-to-capture target serviced by slow humans. When the US Gov't passed the 1932 Gun Control Act because the cops were outgunned by the Mafia and other criminals, that's when the power shifted hands. People like Al Capone and Bonnie and Clyde fucked it up for all of us.

    2. Re:From my cold dead hands by CRCulver · · Score: 5, Insightful

      Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry. And most people can buy a gas mask, but not many do, which means that anyone wanting to subdue you non-violently just has to use some simple tear gas. The times when a group of civilians could contend with an equally numerous group of soldiers are long gone.

    3. Re:From my cold dead hands by kryten_nl · · Score: 5, Insightful

      You haven't seen the news in the last couple of years, have you? (Iraq, Afghanistan)

      --
      For the perfect anti-Unix, write an OS that thinks it knows what you're doing better than you do and let it be wrong.
    4. Re:From my cold dead hands by Average_Joe_Sixpack · · Score: 1

      Example 1: Iraq
      Example 2: Afghanistan
      Example 3: Chechnya
      Example 4: Columbia
      Example 5: Vichy France

    5. Re:From my cold dead hands by isomeme · · Score: 5, Insightful

      The times when a group of civilians could contend with an equally numerous group of soldiers are long gone.

      Absolutely. But combat-capable civilians outnumber soldiers and police in our country by at least fifty to one. That tends to even the odds a bit.

      To quote (from memory) a German commander on the Easter front during WWII: "Each of our tanks could beat five of theirs. We kept meeting six."

      --
      When all you have is a hammer, everything looks like a skull.
    6. Re:From my cold dead hands by CRCulver · · Score: 4, Interesting

      The resistance in Iraq and Afghanistan has access to automatic weaponry and rocketry. American civilians don't, and many advocates for the Second Amendment don't try to claim that anyone has a right to arms so powerful.

    7. Re:From my cold dead hands by drewzhrodague · · Score: 1

      Also, note the problem -- I'm at home here with my laptop, and outside there are armed soldiers with tear gas tanks, and automatic weaponry. Can you see why this is bad? Note that I am not David Koresh. Lets hope that armed soldiers don't need to pull American Citizens from their homes with automatic weapons, tear gas, or anything else.

      --
      Zhrodague.net - I do projects and stuff too.
    8. Re:From my cold dead hands by Blkdeath · · Score: 2, Funny
      To quote (from memory) a German commander on the Easter front during WWII: "Each of our tanks could beat five of theirs. We kept meeting six."

      How many tanks do you and your neighbors own?

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    9. Re:From my cold dead hands by kd5ujz · · Score: 3, Insightful

      AK-47s are holding up pretty well in Iraq.

      --
      -William
      God is everything science has yet to explain.
    10. Re:From my cold dead hands by dingDaShan · · Score: 2, Insightful
      There are places to buy stuff online like gas masks, etc. Regardless of how many people DO buy one, people CAN. The 2nd Amendment right has been interpreted as being able to have weapons for the entire history of the united states. Getting rid of it would only mean that the ones with the weapons are the criminals and not the people that don't use them maliciously.

      Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry. If it can't contend with the military, then what is the problem?
    11. Re:From my cold dead hands by OmgTEHMATRICKS · · Score: 1

      Here's how they stay on the same level: Those without weapons work their way up the weapon food chain. If you have a knife and another guy has a pistol, you sneak up on him and kill him, then take his pistol. Then find someone with a shotgun, sneak up on them, bullet in the brainpan, take their shotgun. Someone with an automatic rifle? Wait for them to come by, blam, take the AR. It keeps going up and up and up. If done properly, people will have bombers, fighter jets, and missiles. The government will literally have to start lobbing nuclear warheads at its own territory. What good is it to rule a country if there is nothing left to rule? The brilliant thing is that soldiers are still technically the people so they'll have to start executing and 'neutralizing' their own children in this hypothetical war, and I'm sure even soldiers have their own limits. If a bomber pilot's target is the town of his own family, chances are he'll give his superiors the finger even if it means his own death(if he's worth a damn.)

    12. Re:From my cold dead hands by Average_Joe_Sixpack · · Score: 2, Insightful

      The real power of the resistance in Iraq and Afghanistan are the assassinations of any locals caught working with the Americans. That's the true power of the second amendment. No mayor, sheriff or soldier is going to impose oppressive measures when they risk a bullet in the back of the head (or that of their family members) every time the go out to start the car.

    13. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Example 1: Iraq
      Example 2: Afghanistan
      Example 3: Chechnya
      Example 4: Columbia
      Example 5: Vichy France


      There was a revolution in Columbia, Maryland?
      Unless you mean the country of Colombia...

    14. Re:From my cold dead hands by ravenshrike · · Score: 0

      You're not a pretty nice guy, albeit a bit kooky, who got fucked over and killed by the govt.? What a surprise, seeing as you're alive to post.

    15. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      If it can't contend with the military, then what is the problem?

      The problem is that, even if you can't contend with the military:

      1. Your kids can still hurt themselves, even if you think you locked stuff up enough.
      2. You can still shoot your spouse after a domestic altercation
      3. You can kill a person "in self-defence" and yet have it turn out that he was no harm at all, you just overreacted and now you're going away from a long time.
    16. Re:From my cold dead hands by legirons · · Score: 1

      "Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry."

      It only needs to help against the police - if you're fighting for a true american cause, then your sons in the army will be back with their tank and automatic weaponry to fight with you...

      besides, what part of the second amendment precludes you from owning tanks and automatic weaponry yourself? it doesn't mention any limit (and it's not like the people who wrote it didn't know about long range and crew-served weapons -- they chose not to add any such limits)

    17. Re:From my cold dead hands by YrWrstNtmr · · Score: 4, Insightful

      How many tanks do you and your neighbors own?

      The US Army does not have enough tanks to cover the contry. If it actually came down to it, you would not have a tank in your neighborhood, but your friendly local cop at your door. And him I can defend against.

    18. Re:From my cold dead hands by kryten_nl · · Score: 1

      Still, parents comment was to broad. If you want to get into a logistics discussion I would kindly suggest you read up on the Oklahoma Bombing a few years back.

      --
      For the perfect anti-Unix, write an OS that thinks it knows what you're doing better than you do and let it be wrong.
    19. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      And why shouldn't a citizen be allowed to own a tank?

    20. Re:From my cold dead hands by OakDragon · · Score: 2, Insightful

      I'm always amused that the implied argument here (or inferred, I guess) is that the 2nd Amendment does not go far enough; the right to own missiles and bazookas shall not be infringed!

    21. Re:From my cold dead hands by Just+Some+Guy · · Score: 1
      Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry.

      How many American soldiers would be willing to open fire on their hometown for any reason less than a full-blown foreign invasion? A lot less than 100%, I can guarantee.

      --
      Dewey, what part of this looks like authorities should be involved?
    22. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Pardon me, I got that date and law totally wrong. It's the Federal Firearms Act of 1938. The reasoning is the same, though.

      Wow, I can't believe ACs have to wait 20 minutes between posts. That's ridiculous.

    23. Re:From my cold dead hands by cptgrudge · · Score: 5, Insightful

      There's nothing magical or extraordinarily high tech about automatic weapons and rockets. If it really came down to a full on Civil War in the USA, I'm sure a few facilities could ramp up to produce the things under the radar. There are drug labs all over the place now, and look how efficient we've been at taking care of those.

      Of course, all that may be unnecessarily complicated. There are plenty of international weapons manufacturers that would love to sell to the American public, and getting those products across the largely unprotected/unwatched US borders would probably be trivial.

      In short, if it gets that bad, the weapons will show.

      --
      Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
    24. Re:From my cold dead hands by Llywelyn · · Score: 1

      This is why we've been so effective at crushing the insurgency in Iraq, right?

      --
      Integrate Keynote and LaTeX
    25. Re:From my cold dead hands by MrSteveSD · · Score: 1

      The times when a group of civilians could contend with an equally numerous group of soldiers are long gone.

      Really? Tell that to the US soldiers who are being killed day in and day out in Iraq. It's not just Al Qaeda, but a lot of pissed of Civilians who have had family members killed in US air strikes. A determined civilian can learn some pretty lethal skills quite quickly. They won't fight in the same way as well equipped soldiers, but fight they will.
    26. Re:From my cold dead hands by chill · · Score: 3, Insightful

      You're forgetting the effectiveness of IEDs. Also, most of the rockets fired into Israel from Lebanon and the PT are "home made".

      I don't know about you, but my High School Chemistry class had an entire segment on what household chemicals could be used to create very nasty poisons and explosives. Most of it was geared towards "don't EVER mix these two chemicals", but was followed up with "because if you mix 2 parts this, with 1 part that, stir, drain, separate and then let sit, you'll have a nice plastique".

      Fully-automatic weapons are over rated and usually very inaccurate. SEMI automatic can be very useful, though.

      --
      Learning HOW to think is more important than learning WHAT to think.
    27. Re:From my cold dead hands by zippthorne · · Score: 4, Insightful

      Infantry can take out tanks with a rifle. Not an ordinary rifle, mind, but a rifle small enough to reasonably include in thousands of personal armories. (esp. in a population in which there are almost as many guns as there are people.) Further, owing to their reduced mobility, tanks are vulnerable to even less sophisticated weapons wielded in sufficient supply.

      A foot is a good weapon to take on ants, but you must be careful not to anger too many of them or your foot will be useless.

      --
      Can you be Even More Awesome?!
    28. Re:From my cold dead hands by lifejunkie · · Score: 1

      Tell that to the soldiers in Iraq.

    29. Re:From my cold dead hands by 955301 · · Score: 1

      Well it seems to be working for anti-american groups in iraq...

      *ducks*

      --
      You are checking your backups, aren't you?
    30. Re:From my cold dead hands by Luteus · · Score: 5, Insightful

      The thing is, the US Military is made up of, get this, Americans. Hopefully, a large portion of them would either refuse or even defend the civilian population. I remember something about Katrina and the national guard refusing to help enforce the gun confiscation ordered by the local police.

    31. Re:From my cold dead hands by that+this+is+not+und · · Score: 2, Funny

      If it can't contend with the military, then what is the problem?

      You'll kill little children with it.

      Can't you think of the children ???

    32. Re:From my cold dead hands by Luteus · · Score: 1

      I'd say it's the IED's that are actually doing all the damage. Americans have access to all sorts of things that go boom.

    33. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry.

      Actually, the war in Iraq has proven that a small (~30,000) and poorly armed force with no central command can resist the full might of the US military (~160,000 with tanks, aircraft, etc. + 30,000 British troops)

      Remember, the biggest threat the US forces face is the "IEDs" (home made bombs).

    34. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      If there were a mass revolution, it would be by the people. The soldiers who have access to tanks, heavy weaponry, etc, are also part of this people. There's a good chance that some of them will be on the "militia" side of the revolution and choose to either not fight, or take those tanks and rockets and use them for the other side.

    35. Re:From my cold dead hands by GIL_Dude · · Score: 4, Insightful

      Quite a bit since the guy in the tank needs to get out from time to time. Even the stuff that is up and coming like the tank you control from another country remote can have it visual sensors shot out and then that tank is a useless husk. Until they make humans that can't be shot, that rifle has plenty of life left in it.

    36. Re:From my cold dead hands by deesine · · Score: 5, Insightful
      1. Children can hurt themselves with all manner of household objects. Why should guns be any more regulated than swimming pools in this regard?

      2. Shootings are only one part of the spectrum in domestic violence. Like point one, why should guns be any more regulated than say, hammers, in this regard?

      3. Accidentally killing a person whom you suspected of breaking into your home is a tragedy. But really, how often does this happen? And on the other side of that coin: civilians shoot more bad guys with guns every year than cops. Plus, they're five times more likely to be correct about the good/bad status of the shot person.

      I think you've presented the classic case of the Paternal Government, the one that defaults to being everyone's best protection against themselves. You are giving up your rights for the belief that you are more secure.

      --
      damaged by dogma
    37. Re:From my cold dead hands by NMerriam · · Score: 1
      How many tanks do you and your neighbors own?


      Just as many as the Iraqi insurgency and Somalian warlords. But we have MANY more electronic components, tool shops, and chemistry books.
      --
      Recursive: Adj. See Recursive.
    38. Re:From my cold dead hands by hobbesmaster · · Score: 1

      In 18th century terminology there were two major types of weapons - small arms and cannon. Note the absence of the word "cannon" in the 2nd ammendment.

    39. Re:From my cold dead hands by GhaleonStrife · · Score: 1

      Yeah, we had a revolution. It involved the state's average IQ plummeting 50 points.

    40. Re:From my cold dead hands by Cinder6 · · Score: 1

      Everything you just mentioned is possible and trivial without guns. Sure, you won't be shooting people, but some stabbing and/or clubbing with a metal bat will yield the same results.

      --
      If you can't convince them, convict them.
    41. Re:From my cold dead hands by Chaffar · · Score: 1
      To quote (from memory) a German commander on the Easter front during WWII: "Each of our tanks could beat five of theirs. We kept meeting six."
      Those Easter Bunnies DO breed like, well, rabbits; no wonder they were constantly outnumbered.
    42. Re:From my cold dead hands by KrackHouse · · Score: 1

      Yeah, just like they're working in Iraq. If we ever need to change governments I doubt a militia would look anything like our army.

      --
      What if Digg added local news and a Slashdot inspired comment karma system? ---
      http://houndwire.com
    43. Re:From my cold dead hands by Anonymous Coward · · Score: 0
      And on the other side of that coin: civilians shoot more bad guys with guns every year than cops

      On the other side of the coin? You actually consider it to be a good thing when a "bad guy" gets shot? I wasn't aware there was an automatic death penalty for being a "bad guy" in the United States; precisely how do you guys define the concept?
    44. Re:From my cold dead hands by nottestuser · · Score: 1

      Right. Because we're having such an easy time with that group of civilians (well, former civilians) over in Iraq with our group of soldiers.

      You don't have to beat an army on the battlefield to win.

    45. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Like in Iraq???

    46. Re:From my cold dead hands by xtracto · · Score: 1

      Ha, civils have more access to automatic and heavy weaponary than you can think of. Just as an example read look in any serach engine about "Loz Zetas" and other drug cartel "security" services... Also, you should read some newspapers in Mexico where every people is attacking police departments and other buildings with bazookas and granades.

      If they can get those weapons imagine what USA people could do (think for example, how many countries would be willing to provide weapons in order to fight the USA government).

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    47. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Well, not to be too pedantic about this, as maybe folks don't "own" them, but some folks do have access to tanks, and even light to medium artillery.

      Towit: My dad keeps his plane at a small private airport in Southern California. This is a small, friendly place, with a nice bunch of (mostly retired) folks hanging arond the coffee shop all day. Round the back of the northern set of hangers, near the western end of the runway, over near the avgas pump, there is a vehicle park where you will find all sorts of military equipment. Among the many jeeps, trucks, DUKWs, etc is a real live tank, as well as a large caliber (90mm?) antitank gun apparenty acquired when a private military school closed up a few years ago (it apparently stood under the flagpole).

      I was told you can't "own" a tank, but can acquire them for display and collection under a permanent loan arrangement. Other stuff, like jeeps and ambulances I think you can own outright.

      The collector makes his stuff available to Hollywood as props for war movies, the antitank gun in particular is very popular as it's slightly smaller and lighter than a "real" artillery piece, but looks good when being towed, so if often what you see rumbling past the background as the hero tries to stop the retreat at Batogne or whatever. Its breech has been removed, but having spent some time with it I speculated that if we wanted to, we could make up a suitable fitting, hook it up to a propane tank and igniter and make this one bad-assed potato gun. This idea seemed to make some folks a little nervous so it never went anywhere (yet).

      My point is, there's an amazing amount of stuff like this out there. Of course, if I found myself in a protracted civil struggle, I actually don't think I'd want a tank. I think your smart insurgent would focus on hiding behind trees and sniping at the folks in metaphorical red coats. Still, it's nice to know the tank's out there, if we wanted it...

                - peterd

    48. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      >In 18th century terminology there were two major types of weapons - small arms and cannon. Note the absence of the word "cannon" in the 2nd ammendment.

      I also see a absence of the word "small" before "arms" is the second amendment :P

    49. Re:From my cold dead hands by Slithe · · Score: 2, Interesting

      You do realize that private citizens CAN and DO own tanks. They are mostly the WW2 variety, and I am not sure if they can own the shells. When the Second Amendment was ratified, private citizens could own warships (the eighteenth century equivalent of tanks), but they required a Writ of Mandamus to actually USE it as a warship. Society has not degenerated into chaos because of private ownership.

      --
      ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    50. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      And the counter to that argument is that in the event of civil war, not all of the people in the military would be likely to be on the side of the current power.

      And given small weapons, you can fight to gain possession of larger weapons which are not currently being used.

    51. Re:From my cold dead hands by garcia · · Score: 4, Insightful

      It's not the cops I'm worried about. It's the sheep that have proven themselves to not give a fuck and instead tell you that you're paranoid.

    52. Re:From my cold dead hands by Anonymous Coward · · Score: 1, Insightful

      Our government?

      Since when does there exist an entity separate and detached from the people
      that we can call "the government?" We, the people, *are* the government and
      we are the only possible government. Everything that happens within this land
      cannot ever be attributed to some external force or agency but only to ourselves.

      It is a classic misinterpretation, but it also perhaps strongly reflects our
      national character. People no longer desire to actively determine their
      own affairs and destiny, as is required by a democratic nation, but would rather
      just indolently sit back and blame all social ills on the illusory specter of
      an indifferent "government."

      Regarding the right to bear arms, or anything else for that matter, the decision,
      if only tacitly, will always be our own.

      So please, do not refer to "our government," but refer only to yourself.

    53. Re:From my cold dead hands by BWJones · · Score: 2, Insightful

      Hi. Like the man said, 'from my cold dead hands.' Guns aren't just for the military, cops, and gang-bangers -- we have 'em to make sure that our government doesn't herd us into cattle-cars, and send us off to the thermal depolymerizor en masse. We've already got Extrordinary Rendition, what's after that?

      It's a little melodramatic, and trite, don't you think? But I suppose that coming from an actor, it was intended to be a sound bite. That said, a stable government is rarely going to suddenly and massively reverse course on an issue like this, but you make a good point with rendition and I suspect you intended to invoke the revocation of Habeus Corpus. The change happens over years where rights are slowly eroded from both the whako far left and from the extreme neo-cons that have held our government for the last few years. The left wants to take away gun rights because "guns are bad, m'kay?" and the right will cave to big business and slowly erode personal freedoms to further their goals and to keep those who are without down to enable cheap labor. I personally just see guns as a tool that far too many people attach some sort of mystical power to, handguns in particular. After all, most people who own handguns simply do not have enough training and someone with even a knife can do much more damage than a gun can deliver. What's next? Doing something totally absurd like banning knives as they are doing in the UK?

      Look, what people need to realize is that in any society where you have vast numbers of people, there is *always* going to be some sort of violence. However, violence can be mitigated through a stable government with flat economic pyramids where the gap between those that have everything and those that have nothing is reduced. Access to healthcare, housing and a job combined with supporting our Constitutional rights through separation of powers and a strong military is what our government needs to be focusing on. All of this other garbage to induce fear, make more needless laws and marginalize those rights that the founding fathers of this country worked so hard to establish is not remotely patriotic. In fact, one might make an argument for sedition given some of the rights that have been passed by lawmakers, whether they realize it or not....

      --
      Visit Jonesblog and say hello.
    54. Re:From my cold dead hands by thelexx · · Score: 1, Troll

      Right. Far better to roll over and play dead. Pussy.

      --
      "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
    55. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      So, you're basically saying that since the odds are in the government's favor, we (the people) ought to just go ahead and get rid of whatever meager defenses we *do* still have. Yeah that makes a lot of sense. But, oh, wait. I forgot. You're one of those guys who trusts the government implicitly, so you think the notion of the people needing the ability to defend themselves against the government is silly. Maybe you ought to go retake a few history classes.

    56. Re:From my cold dead hands by PortHaven · · Score: 1

      Actually, there is a difference between what was referred to as arms and what was referred to as artillary. U.S. citizens have a right to bear arms. But they do not have a right to keep artillary which would include such things as: missiles, bazookas, tanks, etc.

    57. Re:From my cold dead hands by supabeast! · · Score: 1
      Guns aren't just for the military, cops, and gang-bangers -- we have 'em to make sure that our government doesn't herd us into cattle-cars, and send us off to the thermal depolymerizor en masse.


      That's a great idea, and the last six years make me appreciate my rural gun-toting bretheren, but here in DC we're a little more concerned with doing whatever it takes to prevent gang shootouts that have residents of some neighborhoods taking cover in their bathtubs on Friday nights lest some idiot kid with a Desert Eagle put a bullet through a window/wall/whatever and hit someone inside. This is why I identify with Howard Dean on gun control--he understands that there are places where few restrictions on guns are needed, and others where allowing the general populace to remain armed is, quite simply, insane.
    58. Re:From my cold dead hands by Daniel+Dvorkin · · Score: 1

      Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry.

      Seems to be working out okay for the Iraqis.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    59. Re:From my cold dead hands by Austerity+Empowers · · Score: 1

      There are otherways to overthrow a government than to fight a landwar against an abrams tank. A deer rifle is better than a slingshot, to that end.

    60. Re:From my cold dead hands by rkcallaghan · · Score: 2, Interesting
      Luteus wrote:
      The thing is, the US Military is made up of, get this, Americans.
      While correct, please realize that when military force is authorized against "Americans"; those that are the target will no longer be considered Americans -- they're now Terrorists/Enemy Combantants/Traitors/etc.

      Hopefully, a large portion of them would either refuse or even defend the civilian population.
      Yea, good luck with that.

      See, the military is already prepared for that answer. If you refuse a direct order in the field -- and make no mistake, when they come for you, it won't be in an office meeting -- you get shot on the spot. What is the likelihood of a significant portion of the military defecting after watching their friend get his head blown off by their commander, with the gun is now pointed directly at them?

      Let's say a particular group points their guns at the commander instead. What next? They sure aren't going back to the base to "get more supplies" -- they'll end up in a brig waiting for court martial while the action moves on. Best case, they defect with what they happen to have on them now, and become "enemy combatants". Great! We got a dozen guys and a handful of pea shooters and grenades. Too bad there's a "daisy cutter" on its way to whatever building you rebels are holed up in.

      It'd be fair to respond to my example by pointing out that civilians aren't equipped to deal with Howitzers and Bunker Busters as it is, so what difference does it make? You'd be right -- we've already let ourselves get in pretty deep. The answer however isn't to make the hole any deeper!

      I remember something about Katrina and the national guard refusing to help enforce the gun confiscation ordered by the local police.
      The local police had no standing to make ANY order to the National Guard; especially not one of that magnitude. They won't refuse that order when it comes from the President, who actually has that authority. I remember something about a school and fire hoses the last time the armed forces were used against US Citizens.

      ~Rebecca
    61. Re:From my cold dead hands by jalefkowit · · Score: 1
      Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry.

      I dunno, the Iraqis seem to be doing a pretty good job on that score using AK-47s (a sixty-year-old weapon) and homemade roadside bombs. Having the Latest and Greatest doesn't buy you much when you can't tell who the enemy is.

    62. Re:From my cold dead hands by Das+Modell · · Score: 1

      If you watch Army of Darkness, you can see just how much of an advantage a simple chemistry textbook can give you.

    63. Re:From my cold dead hands by moeinvt · · Score: 1

      Mark me redundant if you must, as I see that others have already pointed out the foolishness of your post.

      "your grand-daddy's rifle is really going to help against tanks and automatic weaponry."

      Ever heard of a guerilla war? It doesn't entail groups of fighters standing out in the middle of a field with a big sign identifying themselves(and getting blown to hell by advanced weaponry). It consists of an armed resistance fighting an occupying invader through small skirmishes, acts of sabotage, and targeted killings, often with improvised weaponry. Furthermore, there is usually nothing to distinguish a guerilla soldier from an average member of the population that is being subjugated. Given a population sympathetic to the resistance, the invader has few options. Barring genocide and a complete destruction of the infrastructure, the invader's will to fight is eventually broken and he goes home.

      Never underestimate a determined fighter defending his home soil. You need only look at the 20th century to see example after example of a lightly armed resistance defeating a modern army. Vietnam, Russia in Afghanistan, Israel in Lebanon 1982. . . etc. etc.

    64. Re:From my cold dead hands by phoenix.bam! · · Score: 1

      It isn't that it's a good thing to shoot a "bad guy." It's a good thing that a home invader did to injure or kill members of a family.

    65. Re:From my cold dead hands by Money+for+Nothin' · · Score: 1

      Hopefully, a large portion of them would either refuse or even defend the civilian population.

      "Hopefully" ? And just what, exactly, do you intend to do if the military fails to live up to this hopeful, idealistic expectation, in the absence of your own individually-owned armaments?

      Obviously you, alone, won't defeat the entire U.S. military. But you, combined with tens of millions of other Americans, standing up against the military, might.

      It is a long-term threat to American liberty that we have allowed the military to become many times more powerful than the people it normally defends... But that is the present state of things.
    66. Re:From my cold dead hands by mrchaotica · · Score: 1

      All that means is that automatic weapons and artillery should be LEGALIZED, not that the rest of our guns should be taken away!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    67. Re:From my cold dead hands by wbattestilli · · Score: 2, Informative

      First, the US military could destroy the entire US if it wanted to. This is not point, however. In a military coup, the goal is to take over the country not destroy it.

      Second, one soldier can control a hundred unarmed civilians with a single combat weapon. Give those hundred people guns of any type and quickly that 100 to 1 ratio approaches 1 to 1. Even at 10 to 1 they are screwed. There's just too many citizens.

      Big and powerful weapons are pretty damn useless when trying to control a population. Look at any post-WWII war. Give everyone in this country a shotgun and a long range rifle and we'll be safe from military dictatorship for a long time.

    68. Re:From my cold dead hands by phoenix.bam! · · Score: 2

      Wow that came out terrible.

      It isn't a good thing to shoot a "bad guy." What is a good thing is that a home invader did NOT injure or kill members of a family.

    69. Re:From my cold dead hands by mrchaotica · · Score: 2, Funny
      [M]any advocates for the Second Amendment don't try to claim that anyone has a right to arms so powerful.

      Then they're drunken, deer-hunting idiots. The Second Amendment specifically guarantees the right of the people to rebel against an unjust government, and as such we should have the right to any weapons we want, up to and including artillery and aircraft.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    70. Re:From my cold dead hands by Anonymous Coward · · Score: 1, Funny

      > How many tanks do you and your neighbors own?

      Do SUV's count?

    71. Re:From my cold dead hands by Yottabyte84 · · Score: 1

      Oh, I get it! Privilege escalation!

    72. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      I think Gunnery Sergeant Hartman said it best in Platoon:

      The deadliest weapon in the world is a marine and his rifle. It is your killer instinct which must be harnessed if you expect to survive in combat. Your rifle is only a tool. It is a hard heart that kills. If your killer instincts are not clean and strong you will hesitate at the moment of truth. You will not kill.

      Although, he really gets to the point when talking about what one disciplined individual with a rifle can accomplish when he talks of Lee Harvey Oswald and Charles Whitman:

      Gunnery Sergeant Hartman: Do any of you people know where these individuals learned how to shoot?... Private Joker.
      Private Joker: Sir. In the Marines, Sir.
      Gunnery Sergeant Hartman: In the Marines. Outstanding. Those individuals showed what one motivated Marine and his rifle can do. And before you ladies leave my Island, you will all be able to do the same thing.

      You also forget that there are many of us civilians that were once former soldiers ourselves. We've experienced tear gas, and some of us much worse. You show a serious lack of imagination about what a disciplined person, or group, can accomplish.

    73. Re:From my cold dead hands by Money+for+Nothin' · · Score: 1

      The resistance in Iraq and Afghanistan has access to automatic weaponry and rocketry. American civilians don't, and many advocates for the Second Amendment don't try to claim that anyone has a right to arms so powerful.

      For adult individuals with no violent criminal history, who successfully pass a rigorous (as in, much more rigorous than getting a driver's license), anonymous test of mental competence, marksmanship, and responsibility towards the weapons' use and maintenance, and who are willing to renew this license periodically (say, annually), I do.
    74. Re:From my cold dead hands by Anonymous Coward · · Score: 0
      The poles whipped up machine pistols and grenades out of blacksmith and chemist shops in occupied poland during ww2. America's industry is in civilian hands, and even when the military secures the factories and hazardous materials there will be equipment left accessible to the common man and woman. When I was 12 I got my kicks out of burning holes in household appliances with thermite (easily burns through metal, and is perfectly legal to own). Between the ages of ~8-16 I'd spend one afternoon a week sitting on the tarmac at the local MCAS, watching the jets taking off. Connect the potential dots.

      The times when a group of civilians could contend with an equally numerous group of soldiers are long gone.

      Who said anything about fighting fair, or even equal numbers? Only something like 1-2% of the population is serving in the military, and much of that is in support and administrative staff. Neither of which are vital to civilians waging a guerilla war (however helpful those roles may be). If a majority of the population were opposed to the government to such an extent that conflict broke out, the government would crumble. Even if 100% of the military supported the government, it could not effectively suppress a population as wide and diverse as the American populace. In Iraq an entire quarter of the country was abandoned by U.S. forces because it was too costly to hold. Now overlay Iraq over the U.S. And as for "modern" technology: if the military started bombing targets, they would no doubt be killing loads of their supporters, turning neutrals into Freedom Fighters (See: Iraq, Afghanistan). And this is the population that fuels this very same military, unlike Iraq where the enemy can be labeled as all those "towelheads" and "sandniggers" and whatnot. Although I'm sure coulter would come up with some nice names for the freedom mongers. . . .

    75. Re:From my cold dead hands by Kjella · · Score: 1

      Absolutely. But combat-capable civilians outnumber soldiers and police in our country by at least fifty to one. That tends to even the odds a bit. To quote (from memory) a German commander on the Easter front during WWII: "Each of our tanks could beat five of theirs. We kept meeting six."

      But the only reason they kept coming was that Soviet Russia didn't give them any choice. Any democratic nation would have bent knee and surrendered by the massive protests over the millions being slaughtered at the front lines. Look at this chart. See the huge western losses? No? It was Soviet Russia who kept sending soldiers to the front lines, it was they who depleted Nazi Germany's resources. Four times as many Russian soldiers (10mio) died in WWII as there are total in the US Armed Forces (2.5mio). While I mean no disrespect, the American losses (0.4mio) barely registers by comparison. If the US and Soviet Russia had switched placed, would you have been ready to take 25x the losses? It's easy to sit across the pond and make fun of Chamberlain's "Peace in our time" and France's surrender, but if you had been there, faced by superior arms with little except superior numbers (which is more than the UK and France had) to defend yourself, how many millions would you have been ready to sactifice? Now I'm getting fairly far off from the point I tried to make, but if a war split along the lines of civilians vs military, do you think the "weapons-capable" men would go like cattle to the slaughter? I don't think so.

      --
      Live today, because you never know what tomorrow brings
    76. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Agreed. A hobbiest machine shop (even non CNC) and a knowledgeable person with an EE degree could turn out automatic weapon conversions and GUIDED RPGS with ease, and in decent quantity.

      I know somebody with a decent machine shop, and he can machine screw threads, mill complex parts, and do all the other stuff needed for weaponry. Hell, he made a muzzle-loading 1 pounder a few years ago for re-enactments.

      As for the EE stuff, enough cold-war stuff is out there that I could probably find schematics for an RPG guidance system.

    77. Re:From my cold dead hands by LouisZepher · · Score: 1

      It also fails to say "boom-stick", so anything with which a person can be armed would count. As a collector, I find it sad that there isn't (to my knowledge) a National Sword&Dagger Association, because, technically, these are arms as well.

    78. Re:From my cold dead hands by Money+for+Nothin' · · Score: 1

      How many American soldiers would be willing to open fire on their hometown for any reason less than a full-blown foreign invasion? A lot less than 100%, I can guarantee.

      That is why if the military would most likely assign soldiers to areas that are distant from their hometowns -- to minimize the emotional impact that soldiers would have.

      Soldiers from red states would be sent to blue states, and vice-versa, in an attempt to leverage the cultural differences between the states as reason for fighting. Soldiers from Maryland and Vermont would be sent to Texas; Texans, to Maryland and Vermont. People from Illinois would fight people in Arizona; Californians would fight in Kansas. And so on.

      Many of the soldiers in the U.S. military would doubtlessly raise objections to killing Americans. But to whom do they ultimately pledge allegiance: their countrymen, or the government? To the people they've sworn to defend, or to the people who provide them with their paycheck, their bread, their weapons, and their fellow soldiers, with whom they've each become lifelong "war buddies"?

      Your emotional desire says the former. History and emotionless reasoning suggests the latter.
    79. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      How many American soldiers would be willing to open fire on their hometown for any reason less than a full-blown foreign invasion? A lot less than 100%, I can guarantee.

      That's the wrong question. The question is how many American soldiers would be willing to open fire on someone else's hometown? There are cultural and geographical differences in this country. I can see some rural kid, brought up believing that New York City is full of godless gay liberal communists, willing to open fire on said godless liberals if his commanding officer told him to.

    80. Re:From my cold dead hands by dargaud · · Score: 1
      There are plenty of international weapons manufacturers that would love to sell to the American public, and getting those products across the largely unprotected/unwatched US borders would probably be trivial
      Correct, but for now it's more like the reverse. Most of the weapons found in Europe come from the US, from perfectly legit manufacturers, but imported illegaly. A couple years ago there was a UN decision to act on this kind of illegal imports (IIRC it would punish the manufacturer). It didn't work out because ONE country voted against it. Guess which one...
      --
      Non-Linux Penguins ?
    81. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      To quote (from memory) a German commander on the Easter front during WWII: "Each of our tanks could beat five of theirs. We kept meeting six."

      "Also, I'm afraid they have huge bunnies..."

    82. Re:From my cold dead hands by Anonymous Coward · · Score: 0
      But they do not have a right to keep artillary which would include such things as: missiles, bazookas, tanks, etc.

      Says you. And since when are bazookas/rpgs classified as artillery? I myself wouldn't mind a recoilless rifle. And hey, it's just a rifle!! *nudge nudge*

    83. Re:From my cold dead hands by Wes+Janson · · Score: 1

      I hate to Godwin so early, but the German Army was made up of the German people. And the Red Army was made up of the Russian people (amongst others). It's a mistake to think that just because a military is composed of citizens of that country, that it directly reflects all of society, and would refuse to act against that same society if ordered to. Does the phrase "Japanese-American internment camp" mean anything to you?

    84. Re:From my cold dead hands by c_forq · · Score: 1

      Did you miss the entire history of the American Frontier, or the fact that former Secretary of the Treasury Alexander Hamilton was killed in a duel with Vice President Aaron Burr?

      --
      Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
    85. Re:From my cold dead hands by c_forq · · Score: 1

      Odd... I thought MANY militias had cannons in the early US with no problems...

      --
      Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
    86. Re:From my cold dead hands by Lord+Kano · · Score: 1

      Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry.

      The Jews in the Warsaw ghetto kept the Nazis at bay with 10 cheap handguns.

      The Iraqi insurgents are doing quite a job against the US military with a firearm that was designed nearly 60 years ago.

      And most people can buy a gas mask, but not many do, which means that anyone wanting to subdue you non-violently just has to use some simple tear gas.

      I have an Israeli surplus gas mask.

      The times when a group of civilians could contend with an equally numerous group of soldiers are long gone.

      Warsaw Ghetto, Iraq, Afghanistan, Somalia and Kosovo all prove this claim to be untrue.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    87. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Maybe I'm out to lunch...

      But if people demand the right to bear arms just in case the government goes wonky and tries to "herd [everyone] into cattle-cars, and send [everyone] off to the thermal depolymerizor", why do you not take to the streets in Washington DC when they decide that they can peer into your life through your phones, IP logs, emails or any other form on conversation?

      You want to have the ability to protect yourself from the government when it gets out of hand - but when it does and you have no privacy anymore, you do nothing.

      I'm not going to argue against guns; I'll argue about your justifications to bear them.

    88. Re:From my cold dead hands by Guppy06 · · Score: 1

      "You haven't seen the news in the last couple of years, have you? (Iraq, Afghanistan)"

      Those insurencies rely more on attrition than small arms, or haven't you noticed the disparities in the body counts? It isn't the abundance and availability of small arms, but the abundance and availability of young men willing to pick one up and get shot at, increasing the odds that maybe, just maybe, one of the fifty dead in the latest firefight will be an American.

    89. Re:From my cold dead hands by cliffski · · Score: 1

      I'd feel so much *safer* if my neighbour had an apache helicopter gunship in his yard. Especially if his wife had just left him, he had a terminal disease, and was prone to drinking 20 beers every night.
      The internet shows us what mayhem is caused just by letting joe average own a PC without a proper firewall. And you want those same people to own rocket propelled grenades and heavy artillery.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    90. Re:From my cold dead hands by sleigher · · Score: 1

      We have guns, and it should stay that way. The unfortunate part is they have tanks and jets! Maybe we can get them with numbers!?

      --
      All points of time and space are connected.
    91. Re:From my cold dead hands by Xyrus · · Score: 1

      Not only that, tanks and mechanization are only as useful as the system that powers it.

      In other words, it's fairly simple to fashion an EMP device. Set several up along a convoy and detonate. Suddenly the advanced tech becomes worthless hunks of metal as the circuit boards and electronics are fried.

      ~X~

      --
      ~X~
    92. Re:From my cold dead hands by Verity_Crux · · Score: 1

      So the one person says your deer rifle isn't much use against the military. Then you counter with AK-47s are holding up pretty well in Iraq. I just want to know this: was there any meat left on the dear after the ten seconds you held the trigger down? You must be from Arkansas. I met some hunters in Arkansas with AK-47s. Hunting in Arkansas is way different from hunting in Idaho where I'm from. Hunting in Idaho takes work. In Arkansas they just put a park bench the back of their truck and then park alongside the freeway waiting for the deer to run out from the forest.

      Seriously, the second amendment is there because the founding fathers wanted people to be able to rise up against a too-powerful government. They came to America because they had no way to change their government -- through peaceful means or violent. Of course there were a number of revolutions in Europe in the 1800s; violence ended up being their method. It's what happens when you repress too long. I believe the founding fathers understood a principle that has been forgotten: freedom is worth more than life. These days it seems we give up our freedoms to preserve our life all too easily. We should assume the best in American citizens. Citizens should never lose a freedom until convicted.

      And personally, I think a deer rifle would do well against a tank, assuming you had enough of them and, more importantly, enough people willing to use them.

    93. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Hmm... Wonder how effective those tanks would be without supplies? Wonder how easy it would be to put a 168 grain bthp through the tank commander's forehead with "granddaddy's" rifle? Let's see... Granddaddy's rifle is a pre-64 model 70 Winchester. Yeah, don't think that would be a problem. As for training, Granddaddy provided that too (as all Granddaddy's should). Tag on to that a stint in the Marines, and I'd say I'm good for a few kills. Add to that the fact that US troops would have one hell of a morale problem were they ordered to attack their own citizens... Add to that taking control of one of those tanks & turning them on the other tanks ("Which ones are the bad guys??")...

      I call it winable. Bring it.

    94. Re:From my cold dead hands by swillden · · Score: 4, Insightful

      To quote (from memory) a German commander on the Easter front during WWII: "Each of our tanks could beat five of theirs. We kept meeting six."

      How many tanks do you and your neighbors own?

      Doesn't matter, for multiple reasons:

      1. Tanks are ineffective anti-insurgency weapons. Notice that they were used in the Iraqi invasion, but these days they don't do much other than sit on street corners and look imposing.
      2. Unless they're moving fast and hard, tanks are easy prey for infantry. That's a rather surprising statement to most people who don't know anything about military history and tactics, but ask someone who does. That's why standard tank warfare doctrine accompanies the tanks with screening infantry, because otherwise enemy infantry will destroy the tanks.
      3. The US military has nowhere near enough tanks to deploy them effectively against a large-scale uprising in an area as large and heavily populated as the continental US, even ignoring the questions of what they'd do with them and how they'd protect them.

      Tanks are good for three things: (1) fighting other tanks, (2) smashing through enemy lines to create breaches that can be exploited by infantry and (3) looking scary to unorganized mobs.

      Similarly, much of the rest of the US military's advanced technology, particularly aircraft, isn't useful in scenarios where the enemy is mixed in with non-combatants or is just plain hard to find. Consider the fighting in Iraq, and the trouble the US military has with those insurgents, in spite of the fact that the opposition forces there are truly tiny.

      Finally, I'll just note that whenever this topic comes up, and a bunch of slashdotters declaim the worthlessness of early 20th-century small arms against modern military forces, I have never, ever found anyone among them that claims any military or even police experience. Find me an Air Force pilot, or an Army tanker, or a Marine attack helicopter pilot who argues that hunting rifles, handguns and IEDs couldn't be used to mount an effective insurgency because their hi-tech weapons are just too powerful. Seriously, ask some people who know something about war what they think, and you'll get a very different point of view.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    95. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Don't be so sure about that. Grand-daddy's riffle has plenty of soft spots to hit, and automatic weapons (and tanks for that matter) work no matter which direction they are pointed or who is doing the aiming.

    96. Re:From my cold dead hands by Original+Replica · · Score: 1

      If the Second amendment is there to protect the First. Maybe it's time for the NRA to hold an armed protest march. Heck don't even load your guns, just have several hundred thousand members, with rifles on shoulders, surround Capital Hill. Rights are like muscles, if you don't use 'em, you lose 'em.

      --
      We are all just people.
    97. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      It's not just the bad guys that can buy guns illegally

    98. Re:From my cold dead hands by toddhisattva · · Score: 1

      What makes you think that all of the tank drivers will remain loyal to the oppresors?

    99. Re:From my cold dead hands by forgotten_my_nick · · Score: 1

      > Hopefully, a large portion of them would either
      > refuse or even defend the civilian population.

      You can always ship those guys off to another country beforehand. Keep the core military that follow you in the US.

      Not that the US doesn't have the military as it is to fully control it's own country if it ever did come to a civil war.

    100. Re:From my cold dead hands by zeux · · Score: 2, Insightful

      In short, if it gets that bad, the weapons will show.
      So why would you need the 2nd amendment in the first place?

    101. Re:From my cold dead hands by quantax · · Score: 1

      Your points are all correct, however I would like to point out that the Russian's high losses were also due to poor military leadership which placed little importance to the lives of their own men with the usage of outmoded strategies in addition to supply issues where men were not correctly equipped. This is on top of their terrible record with dealing with their own wounded (ie, they didn't) and in general the wide adoption of the old military strategy of 'you 1000 men, storm that hill until you take it'. We will not discuss the aspect where they would cut down their own fleeing troops. This does not speak for the civilian loses which were even higher, and again, in addition to the Germans, the Russian leadership was poor at dealing with that aspect; the order to not evacuate Stalingrad being a prime example due to Stalin's ego.

      I do not dispute that Russia's sacrifice did accomplish what you have said, but it is important to recognize that their disproportionate loses have roots in their own failures of leadership in addition to the larger brunt of the attack that they withstood from the Germans.

      --
      "What can a thoughtful man hope for mankind on Earth, given the experience of the past million years? Nothing." -Bokonon
    102. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      How do you reconcile your belief about required annual government testing of gun owners, with your belief that guns are meant to protect from tyrannical government?

    103. Re:From my cold dead hands by Millenniumman · · Score: 1

      All of those are true with knives and [improvised] blunt weapons also. But banning those would be ridiculous, and impossible.

      Right?

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    104. Re:From my cold dead hands by YrWrstNtmr · · Score: 1

      In other words, it's fairly simple to fashion an EMP device. Set several up along a convoy and detonate.

      Even easier than that. An army travels on it's stomach. A high tech army also travels on its supply chain.

      If I'm a FedEx driver, how likely do you think it would be for me to deliver a truckload of parts, if I know those parts are going into an F-16 that may bomb my house tomorrow? "Sorry, General. That truckload of spare parts for your jets ended up in the river. About 18' of water."

      For want of a nail...

    105. Re:From my cold dead hands by tylernt · · Score: 1
      You actually consider it to be a good thing when a "bad guy" gets shot?
      Yes.

      Next question?

      precisely how do you guys define the concept?
      In the context of using deadly force for self-defense outside the home, the "bad guy" must 1. demonstrate the intent, 2. have the means, and 3. be in the act or immediately about to begin the act of a violent crime. To use deadly force in self-defense, you must also shoot only to STOP the threat, not necessarily kill the attacker. If they also happen to die, oh well.

      Inside the home, the rules change (see "Castle Doctrine"). You pretty much have a green light to defend yourself with deadly force unless the invader is actively retreating from the home and clearly no longer poses a threat.

      These concepts are well-defined by legislation and case law (though they do vary by jurisdiction). It isn't a fuzzy gray line.

      In short, "good guys" and "bad guys" alike have nothing to fear from a gun-toting citizen unless they violently attack said citizen or invade their home.
      --
      DRM 'manages access' in the same way that a prison 'manages freedom'
    106. Re:From my cold dead hands by u-235-sentinel · · Score: 1

      Hi. Like the man said, 'from my cold dead hands.' Guns aren't just for the military, cops, and gang-bangers -- we have 'em to make sure that our government doesn't herd us into cattle-cars, and send us off to the thermal depolymerizor en masse. We've already got Extrordinary Rendition, what's after that?

      I have '666' in my NRA membership number


      I agree. What I'm curious is what Idiot would think we need to put an Ammendment into the Constitution to make sure our Military had guns??? The second Ammendment was put into our Constitution to make sure the people could protect themselves from a Government who is hell bent on shafting the people again. Hell... If I remember correctly there was a discussion in the Federalist Papers stating it was so the people would be empowered to remove the Government should it become necessary. I'll have to look up that reference again. it's been some time since I've read the darn thing.

      Yea I know that sounds AntiGovernment or something. It's not. It's Pro People. The Government is for providing a structure for us to prosper.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    107. Re:From my cold dead hands by learn+fast · · Score: 1

      1. Children can hurt themselves with all manner of household objects. Why should guns be any more regulated than swimming pools in this regard?

      Swimming pools are heavily regulated in most jurisdictions

      2. Shootings are only one part of the spectrum in domestic violence. Like point one, why should guns be any more regulated than say, hammers, in this regard?

      Are tens of thousands of people murdered with hammers every year?

      I guess with both these arguments you're saying something like hammer = dangerous, and gun = dangerous, therefore hammers and guns are dangerous so we should treat them the same. That's like saying the 7-11 is far away, and the moon is far away, so therefore the we should not treat getting to the 7-11 or the moon differently. In other words, it's equivocation.

    108. Re:From my cold dead hands by Hubbell · · Score: 1

      1. Decades ago children were allowed access to their parent's firearms with little more than a request to go out and hunt or target shoot. Hell, my grandfather used to ride his bike with his shotgun across the handlebars when he was TWELVE when he was going out to hunt on his own. The problem isn't the guns, it's the worthlessness of today's parents in regards to educating their children about 3 simple things: Respect for themselves, others, and the things which they have at their disposal, ie guns in this case. Accountability for their actions, which apparently noone wants to take anymore. And finally Responsibility, kids are raised not having any responsibilities. These 3 things are the direct causes of nearly all of today's "social problems"

      2. I can still choke the bitch out or stab her to death. What's your point?

      3. I can kill a person in self defense, and if it turns out they actually posed no harm, then what the fuck were they doing acting as if they posed a threat? Killing a person in self defense requires a few things. One: You have no chance to flee the scene and odds are will be overtaken if you try to (ie, in your car, in a small area, surrounded by a group, are injured and can't escape. Also your home is considered a place where you have NO obligation to try and flee, and are given benefit of the doubt in defending yourself from intruders) Two: They pose a deadly threat to you, such as having a firearm or a deadly weapon and you have no means of stopping them from harming you beyond the use of deadly force. Beyond these reasons, you shouldn't be using a gun to defend yourself unless you're a good enough shot to shoot them in the legs or somewhere similar to incapacitate them.

    109. Re:From my cold dead hands by caudron · · Score: 1
      The times when a group of civilians could contend with an equally numerous group of soldiers are long gone.

      And what gave you the impression that the soldiers would be siding with the government if the government told it to turn on the citizenry? Those that do side with the government will be facing their own weaponry in battle...right next to "grand-daddy's rifle."

      Don't worry, though. While you sit at home wishing you had a shot against our new hypothetical governmental overlords, people like me and about 40-65% of the enlisted folk you seem to have written off as government peons will be out there fighting for your right to continue to stay at home frozen in fear. You can thank us afterward. ;-)

      For general info: Find out your states laws on being a gun collector. You gain legal access to a larger variety of heavy weaponry with the caveat that you don't keep it loaded. Fine enough. Keep the 15 shot handgun loaded. That'll buy you enough time to load your "collector's items". I assure you, while my .45 may not give pause to a well armored government envoy, a shoulder mounted RPG will.

      I think this is when I'm supposed to yell "Wolverines!" or something.

      Tom Caudron
      http://tom.digitalelite.com/
      --
      -Tom
    110. Re:From my cold dead hands by drewzhrodague · · Score: 1

      Hi. This is why there are these 'restrictive gun laws' that right right-wingers talk about. Y'know, the ones where you have to have a background check before purchasing pretty much ANY firearms, and there's a waiting period on handguns (BB guns, too!).

      Where I grew up in Rhode Island, one of my neighbors had a missile of some sort in his fucking yard. It came in two pieces, and each were on a trailor. I don't remember checking my safety factor at the time, but I do remember that it was fucking cool.

      So, if my neighbor had a fully-armed Apache hellicopter, I'd certainly make friends with him. One guy with an aircraft beats two crackies with jake-legs.

      --
      Zhrodague.net - I do projects and stuff too.
    111. Re:From my cold dead hands by Pseudonym · · Score: 1
      we have 'em to make sure that our government doesn't herd us into cattle-cars, and send us off [...]

      Yeah, if it wasn't for gun owners, the US government might have actually managed to do that to Japanese-American citizens in WW2. Thankfully, it didn't!

      We've already got Extrordinary Rendition, what's after that?

      Unreasonable search and seizure (war on drugs), perhaps? No right to freedom of association (McCarthy)? Suspending habeas corpus, people being held for five years (and counting) without charge or trial? Legalised torture? Warrantless mass surveillance?

      You're an NRA member. I'm sure you can point me to the press releases where the NRA has campaigned against these things.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    112. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Remember it wasn't just the Japs but the look alike too. Also we hated this great hate for them during the late 1800's and early 1900s. Something about the great wealth and power they stating to amass away for the real americans and not those immigrants. Kinda like the political hate of the mexician influx we have now. Also the water hoses we being turn on people that we already demolarilized in the great population of the forces that we used to control them. So getting the to use force was easy. ut it wasn't so easy they were allowed to shot dead on spot.

    113. Re:From my cold dead hands by soulprivate · · Score: 1

      my humble responses to your questions : 1. because I find a little difficult to carry my swimmimg pool to the local school and soak everyone at the cafeteria to death. Also, it is far more easy to protect a children from a swimming pool than from a gun. Does the word "Columbine" ring any bell? 2. Again, it is far more easy to spray bullets than hammering 20 people to death. 3. I think that dialing 911 or installing an alarm system at home is out of the question. I have been burglarized three times, all of them without success. I don't have a gun at home and I have never needed one. Comparing a swimming pool and a hammer with a gun not only is foolish. It is downright stupid. Of course you conveniently forget the number of children

    114. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      NO! NEVER shoot to incapacitate. No. If you have the time to try, they aren't someone you should be shooting. If you don't have the time to try, well, I think you can figure out why this would be bad.

      Specially-trained marksmen in certain situations may be able to shoot to incapacitate. The average human, or even the unusually well-trained human, should pretend that option doesn't exist, because for them it doesn't.

    115. Re:From my cold dead hands by ettlz · · Score: 1

      Ahem! Stanford Experiment! Milgram Experiment!

    116. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Snipers. You need infantry to take and hold ground; sitting in an Abrahms tank isn't going to do shit other than protect you from a few bullets while "insurgents" are busy setting bombs underneath the tracks so you are dead in the water. Hum-vee's, sniper rifles can easily penetrate the windshield. Ever seen what a Barret .50 calibre rifle can do? Thats the best sniper rifle you can buy, and, get this - both the military and the public can purchase them, and have.

      Taking lessons from the Iraqis might help as well. As infantry storms a building, leave a shitload of bombs set by tripwires. Also, if it got to such a position that the military is fighting its own people, there would be no rules; the civilians would use chemical weapons, cheap and easy to make and affect large areas.

      Tanks, bombs from high altitude, artillery are only good/needed against a proper army with proper armour and proper buildings/barracks to attack. Against an American city, what exactly do you bomb?

      And the whole "mutineers being shot" idea doesn't work all that well either. This would be the proposition: mutiny and be shot now; or go out in the field, shoot lots of innocent people, probably die anyway, but instead of getting shot, get shot and stabbed/gassed/burned/decapitated etc.
    117. Re:From my cold dead hands by Hubbell · · Score: 1

      It's not a matter of trying, just aim low and unload a few rounds below their waist, if you aren't an entirely worthless shot you'll hit their legs and they'll be down.

    118. Re:From my cold dead hands by CHESTER+COPPERPOT · · Score: 1

      This is an excellent point.

      I'm an ex-soldier. I've discussed whether or not that the citizenry could take control of a westernized city with a few friends. We came to the conclusion that a couple of dozen persons could bring a large western city to a stand still within a day to a few days. It would depend on the strategic/political agenda behind bringing a city down of course. For instance if we wanted to totally bring a city to a stand still we could. But it most likely would piss the other citizens off. So a long term guerrilla campaign, with taints of revolutionary and peoples war, would be better long term moral position. In other words .. get the citizenry on your side and all that.

      In terms of a balls to the wall city wide operations where we dismiss the above strategic intents ... we'd attack the transportation systems via assessing choke points. Most cities have vehicular choke points. Blow a few holes with some homemade c4 in these bridges, intersections, bypasses before peak hour of the day of the attack and you've taken away mass movement of a city and the necessary emergency and military response via tracked vehicles, tanks etc.

      Another target would include power hubs. Blow a few important power hubs in areas and you've shut down most traffic lights, services, businesses etc. Same could be done with telecommunications hubs eliminating communication.

      Another important part of westernized cities is the emergency first responders. They will be the first to turn up. Not the military (of course this depends on the context and historical timeline of what has brought a bunch of citizenry to turn on its government, who knows maybe the military *is* in the city by now via martial law in a different scenario, which would mean a different process). Emergency first responders run by crisis management. Where militaries have a tiny bit of time to evaluate incoming information first responders *have* to rely on what the citzenry say. This leads them open to hoaxes and ruses. The asian warfighting precept here "uproar in the east, strike in the west" is what I'm talking about. Dial 911 and state "I have three bombs on three trains/buses. I also have placed bombs in schools". The first responders have to respond to that. By doing that you also now have half the cities first response resources tied up whilst you can continue the first day strike. In some US states you can dial 911 from a SIM-less mobile phone and not be traced.

      So far all of the above has been pretty bloodless. Apart from the collateral damage from having a city in chaos from city wide systems disruption most likely having more car accidents and people freaking out. If we go more seriously into it we would have targeted hits of key decision makers within the city's political/business nexus. Target command, control and communications of first responders, transportation and military areas.

      I could go on and on about ways in which to bring down a city. I've left out such juicy areas as exploiting the great terrain cities have. Different cultures of cities that could be exploited and so on. One thing is for sure. People who say the normal citizenry is no match for armed forces are wrong. If you had a bunch of guys with the will and guts who knew what they were doing ... they could do a lot of damage.

    119. Re:From my cold dead hands by stanmann · · Score: 1

      You would be surprised at the sorts of orders the military are trained to refuse.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    120. Re:From my cold dead hands by xstonedogx · · Score: 2, Insightful

      On a small scale (a la Kent State), you are probably right, since they can simply choose a commander who is willing.

      On a large scale, officers and soldiers alike would have to decide whether to obey orders. These folks all swore to defend the Constitution. Likely, anyone planning a military coup would be quietly removing those likely to defect from positions of power, so would hold onto the majority of military assets (but probably not all). However, in the event of such a coup, the majority of civilians would almost certainly be on the side of the defectors and could help turn the tide. If the civilian/defectors have moral superiority, defection will probably continue to their side throughout the conflict. (Anyone who sees their friends' head blown off will only have more reason to defect - they'll do it the second they get the chance, even if they obey orders while they're being watched.)

      Heck, we're fighting a war across the world that has resulted in high-ranking officers retiring from service in disgust. Such people would not sit by while a tyrannical government slaughtered and imprisoned American civilians. Likewise, entire states may secede in which case their national guard and any military assets within the states borders would likely fall to the defecting side.

    121. Re:From my cold dead hands by Wintermancer · · Score: 3, Informative

      Precisely. Many geeks with an opinion, few geeks with military experience. Here's one that's been in both camps (Army and Pocket Protector camps, respectively) My $0.25, before taxes:

      Re: High-tech advantages removing the usefulness of rifles.

      Tanks are nasty on the battlefield. They are great death dealers at a distance. They are less so in urban environments (MOUT - Military Operations Urban Terrain). Why? Well, buildings are a great place to rain down anti-armor weapons upon the thankless tankers below. Fscking lovely....

      Hence, the need for screening infanty, and infantry is susceptable to rifle fire (slightly mitigated by improvements in modern body armour). That and armor crews sight lines are reduced due to buildings, being bottled up and hatches down cuts down on your visibility, etcetera.

      Helo flyboys are gas hungry pigs with insane downtime to perform maintenance, and the same applies to the jet jockeys. Performing a full-scale civil war? Take them out on the airstrip during downtime. That will help to degrade air advantage.

      Ok. So, you cordon off the cities with tanks and dig out the insurgents using infantry. I heard an Iraqi recently comment on this strategy, something to the effect of: "You like apples? How do you like them apples?". Yeah, it's a smashing good time routing out people in urban environments, really. Helos and jets are good only to drop munitions and bugger off, so their value there is limited.

      The current MBT employed by the US is a fuel hungry monster, and oddly enough, the fastest and easiest way to reduce tanks battlefield advantages is to attack the logistical support lines. Last time I checked, fuel tanker trucks ain't heavily armoured....

      If you can't run the tank, you are now seriously exposed to your friend, the infantry/partisan/terrorist/freedom-fighter. High-tech advantage? It's gone buy-bye. And the same logistical weakness faced by tanks is just as bad for the flyboys. So, you're down to fighting man-to-man, the old fashioned way. Rifles, mortars, arty...all the fun stuff.

      So, even if the US split right down the middle in the event of Civil War, there are more legs than there are high-tech toys. Take Iraq and multiply the insurgents by a factor of 100, and imagine how well "counter-insurgency" operations would go. It wouldn't be pretty.

      So, yes, armor, helicopters, and what-not are great, but remember only one thing: Infantry holds the ground. Everyone else, they're there to support them.

      And all infantry needs to be effective, is a rifle. And, oh yeah, the people you'll be fighting will look like you, sound like you and have the same cultural background as you. Have fun determining which side they are on....

    122. Re:From my cold dead hands by stanmann · · Score: 1

      Being in my house while I'm sleeping without being invited gets the death penalty. Be it by gun, knife or my hands.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    123. Re:From my cold dead hands by FhnuZoag · · Score: 1

      I've seen this argument many many times, and while I do agree that guns are *not* a protection from tyranny, I don't find the argument terribly convincing. If a populous is rebellious enough, they can stand against the organised military - they don't even need guns. Certainly, they would not be able to coordinate some sort of military campaign or offensive, but they could be very disruptive.

      The thing is, the whole issue of guns is wholly irrelevant, because the writers of the constitution had no reference frame from which they could determine how tyrannies actually ran themselves. The modern dictatorship is one that co-opts the majority into itself, and uses media manipulation to make people *want* their leadership. They don't need to shoot the opposition, any more, merely discredit them, make them look crazy or stupid. They give people guns, tell them that there are traitors in their midst, and then sit back and relax.

      The truth is, most people only react when the pace of change is too great. No one is going to start shooting (and shooting, at what?) because of a small stream of 'temporary' erosion of liberties.

    124. Re:From my cold dead hands by stanmann · · Score: 1

      Actually the military pledges allegiance to the constitution and pledges to obey lawful orders.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    125. Re:From my cold dead hands by AHumbleOpinion · · Score: 4, Informative

      "Hopefully, a large portion of them would either refuse or even defend the civilian population."

      Yea, good luck with that. See, the military is already prepared for that answer. If you refuse a direct order in the field -- and make no mistake, when they come for you, it won't be in an office meeting -- you get shot on the spot.


      That is one of the most ignorant and ill-informed things I have read in this thread. The truth is that from basic training onward US military personnel are taught that it is *their duty* to disobey illegal orders. Illegal orders include but are not limited to attacking non-combatants. An officer who threatens to shoot a soldier who refuses to follow an illegal order can be immediately relieved and taken in custody, even by a subordinate.

      Now to preempt more nonsense hypotheticals you might counter with, reality is that officers survive combat due to the men in their command, not in spite of them. Any officer who acts that way towards his men is suicidal. The men not only heavily outnumber the officer but the men are more heavily armed and practiced. The men, not the officer, are the trigger squeezers. The officer in the read-map-use-radio-call-in-airstike'er. The men don't even have to pull the trigger or roll the grenade themselves, it *has* been done more simply by saluting an officer in the field.

    126. Re:From my cold dead hands by dwandy · · Score: 1
      I don't know about you, but my High School Chemistry class had an entire segment on what household chemicals could be used to create very nasty poisons and explosives.
      With an UID of 34294 you must have been one of the last that still did real science ... if you still remember any of it, now might be a good time to stock up and some of the goodies that are slowly becoming either illegal or tightly controlled.
      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    127. Re:From my cold dead hands by Fulcrum+of+Evil · · Score: 1

      The US Army does not have enough tanks to cover the contry

      Apparently, they also don't have enough repair facilities to wage an invasion in Iraq - we're using them up faster than they can be fixed.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    128. Re:From my cold dead hands by dwandy · · Score: 1

      I have it on good authority that a few kids can beat up an army on American soil. We'll be ok.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    129. Re:From my cold dead hands by Fulcrum+of+Evil · · Score: 1

      Further, owing to their reduced mobility, tanks are vulnerable to even less sophisticated weapons wielded in sufficient supply.

      You mean, like an arc welder?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    130. Re:From my cold dead hands by loraksus · · Score: 1

      .4089 chey tac isn't a bad round either....

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    131. Re:From my cold dead hands by SecurityGuy · · Score: 1

      I used to believe that was true, but watching the world's last remaining superpower with all it's might and weaponry unable to put down the insurgency in Iraq makes the truth clear. People who want to stand up for their rights, whatever they happen to believe they are, will find the means to do so. That's exactly what the framers of the Constitution meant. People ignore two facts. If the Second Amendment is about the military, it's the ONLY Amendment in the Bill of Rights which grants a power to the government, which is funny in a document whose purpose was quite the opposite. Second, the Constitution was written by people who had just won an armed rebellion against their own government (England).

      It's hardly a stretch to think they'd feel it wise to enshrine the ability to do it again, should the need ever arise, as a fundamental right.

    132. Re:From my cold dead hands by stanmann · · Score: 1

      Thats a really poor plan. Aim high for the first round, if it kills him good, if not pull down just below center mass, and fire again, allowing muzzle rise to put the last round near the first one.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    133. Re:From my cold dead hands by Fulcrum+of+Evil · · Score: 1

      Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry.

      You mean an M1A? Those work great. In fact, tanks are highly vulnerable to infantry and really inneffective against an insurgency.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    134. Re:From my cold dead hands by NormalVisual · · Score: 1

      Assuming the idiot kid with a Desert Eagle already owns and is using the weapon illegally, what difference did the prohibition on guns make for the community's safety to begin with except to prevent a homeowner from protecting himself when the kid decides to run into one of the surrounding homes for cover?

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    135. Re:From my cold dead hands by loraksus · · Score: 1

      Conversion to full auto is a relatively trivial thing to do on most semi automatic firearms - heck, the SKS goes full auto pretty frequently by accident.
      If you've never worked with metal, sure, it might be a little difficult, but you can learn.

      Besides, do you really need full auto when you can buy a mosin nagant for $65 that will rip through pretty much every single piece of body armor on the market - this is the rifle that got Simo Häyhä 505 confirmed kills in a 3 month period...

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    136. Re:From my cold dead hands by loraksus · · Score: 1

      Not sure when you went to school, but chemistry has sort of devolved into "balance this equation and then do the same to the next 300 equations" instead of actually teaching kids about chemistry and promoting creative thinking. I see the same thing helping my younger siblings with their homework and it's rather depressing.
      This is in stark contrast to chemistry textbooks I picked up from the '60s and '70s.
      Suppose it depends on your teachers.

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    137. Re:From my cold dead hands by mrchaotica · · Score: 1

      You know, I've argued with you about this before. That being the case, I'll just reiterate the fact that you're a dumbass and move on, okay?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    138. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Is my grand-daddy's rifle going to make it

      a) easier

      or

      b) harder

      for George Bush to send me to Guantanamo?

      Hypothetically speaking, of course.

    139. Re:From my cold dead hands by MoralHazard · · Score: 1

      I've heard this argument a lot, but it has problems. I get what you're saying--that the right to own pistols, semi-automatic rifles, and shotguns doesn't provide much answer to tanks rolling in the streets and soldiers with assault rifles. But there are a lot more dimensions to this issue.

      First of all, recognize the premise: we're talking about the possiblity that the United States could devolve into a state of armed uprising, where non-government, civilian groups take violent action and the government responds by fielding the National Guard or the regular miliary on U.S. soil.

      1) Such a situation would probably not spring up overnight. Armed movements don't start quietly, and they take time to get organized and get into action. The Federal government would certainly see this coming to head, and take emergency measures to immediatelty disarm the populace, regardless of the Constitution. They would also restrict a number of other basic civil liberties (speech, assembly, habeas corpus, etc.), on that same emergency basis. So by the time the conflict could even get going, there would be *no* legal private gun ownership.

      2) Given (1), above, what impact does the CURRENT existence of firearms legally in private hands have on resolution of the eventual conflict?

      This is not an easy question to answer. We can assume that at the outset of government response (seizing weapons from private homes), many people involved in or sympathetic to the anti-government cause will hide and stockpile guns. Civilians will see the government reponse coming (just as the government has anticipated the outbreak of an uprising), and they will have some time react. So the government will have a much harder time getting all of the guns. This would not really be an issue if we didn't start from a position of private, legal gun ownership.

      Also, many people have learned how to shoot over the years with privately-owned handguns and rifles. Without private gun ownership, this wouldn't be a possibility. Even if some insurgent group suddenly managed to smuggle in a large enough cache of weapons, the lack of people with ANY experience handling guns would present a signficant problem--not only do you have to raise, hide, train, and feed your insurgent army, you also have to teach them the basic skill of soldiering from the group up. And learning how to shoot can take months of practice.

      So I think it's fair to say that upholding private, legal gun ownership in our current situation leads us into any potential civil conflict with two important factors in play: more guns are available for an insurgent group to use, and more people are closer in skill to the point where they could plausibly participate in an armed uprising.

      Granted, they'll probably still lose if it comes to shooting, but that's no guarantee. Especially in urban areas, a few clever snipers and ambushes can create a significant number of casualties for an invading force, especially if they know the urban terrain and have the civilian population's sympathy (viz. Iraq). The resolve of soldiers to marching into urban combat, already knowing that they're fighting against their own countrymen, is a pretty shaky proposition to being with. Commanders are generally less willing to press these situations tactically, because they know that their biggest edges (superior firepower, tighter training) are severely blunted.

      All of which leads me to the Big Point: the government wil be much less likely to roll tanks in the streets if it see the possiblity of an extended, armed conflict and lots of bloodshed. If it fears an armed civilian reaction, it will be more cautious and less interested in directly pushing its military advantage. The government will look for more surreptitious solutions: talking with rebel leaders, assassinating key insurgent figures, and slowly starving them out. The political costs of pushing a shooting war in America are enormous.

      To tell the truth, I'd much rather have that situation than one in which the government holds all the cards, regardless of my sympathies to any particular armed movement. It leaves more possible outcomes where people reach an accord, lay down their arms, and none of our cities are leveled by fighting.

    140. Re:From my cold dead hands by Mad_Rain · · Score: 1

      See, the military is already prepared for that answer. If you refuse a direct order in the field -- and make no mistake, when they come for you, it won't be in an office meeting -- you get shot on the spot. What is the likelihood of a significant portion of the military defecting after watching their friend get his head blown off by their commander, with the gun is now pointed directly at them?

      I'm sure as a slashdot reader, you are familiar with the word frag, but maybe not it's origins. That's how soldiers would handle their commanding officers in the past (especially the dangerous, "follow-this-illegal-order-or-die" kind of officer).

      --
      "What do you think?" "I think 'What, do you think?!'"
    141. Re:From my cold dead hands by zippthorne · · Score: 1

      Pre-distribution and storage during periods of "plenty" as a stockpile/deterrent against periods of "scarcity?"

      --
      Can you be Even More Awesome?!
    142. Re:From my cold dead hands by m50d · · Score: 1
      1. Children can hurt themselves with all manner of household objects. Why should guns be any more regulated than swimming pools in this regard?


        2. Shootings are only one part of the spectrum in domestic violence. Like point one, why should guns be any more regulated than say, hammers, in this regard?

      Because swimming pools and hammers have a legitimate purpose, wheras the primary use of guns is to kill people.

      --
      I am trolling
    143. Re:From my cold dead hands by Swordsmanus · · Score: 1
      See, the military is already prepared for that answer. If you refuse a direct order in the field -- and make no mistake, when they come for you, it won't be in an office meeting -- you get shot on the spot.

      It may come to that later, but unless there's been a recent change I'm unaware of, current standards of military conduct contradict your postulation. The Milgram studies on obedience and authority which explained how the holocaust was able to be carried out by ordinary people have changed the US Army's take on disobedience. From page 5 of the article http://www.psychologytoday.com/articles/pto-200203 01-000037.html

      "One important place where the lessons of Milgram's work have been taken seriously and acted upon is in the U.S. Army. Milgram's research and its implications are discussed in two mandatory psychology courses at the U.S. Military Academy. In 1985, the head of the academy's department of behavioral sciences and leadership wrote, "One of the desired outcomes of this is that our future military leaders will be fully cognizant not only of their authority but also of their responsibility to make decisions that are well considered and morally sound."

      I highly recommend you read the article in full. Milgram's work is in my opinion one of the most important works in the history of psychology. And Hugh Thompson, Jr., a soldier serving in Vietnam, was awarded the Soldier's medal for disobeying superiors' orders and even having his squad turn their guns on them, for sake of doing what they felt was right, rather than what they were ordered to do. Wikipedia entry here - http://en.wikipedia.org/wiki/Hugh_Thompson,_Jr

      And the actions detailed in Thompson's case don't quite match up with your postulation of

      Let's say a particular group points their guns at the commander instead. What next? They sure aren't going back to the base to "get more supplies" -- they'll end up in a brig waiting for court martial while the action moves on.

      And other whistleblowers like Samuel Provance have been demoted for their actions, but continue in service. Tony Lagouranis wasn't demoted for his whistleblowing actions. Joseph Darby was honored by politicians and some military personnel, while other members of the military disparaged him. So it's not nearly as clear cut as you assume.

      To sum it up, back up your words with cited sources and examples or else your points, while interesting, hold no more water than those you're arguing against.

    144. Re:From my cold dead hands by Money+for+Nothin' · · Score: 1

      Where in my post did I say that the test would be administered by the government? Why couldn't private certification firms handle this task?

      You merely *assumed* the testing would be performed by the government.

    145. Re:From my cold dead hands by supabeast! · · Score: 1
      Assuming the idiot kid with a Desert Eagle already owns and is using the weapon illegally, what difference did the prohibition on guns make for the community's safety to begin with except to prevent a homeowner from protecting himself when the kid decides to run into one of the surrounding homes for cover?


      None whatsoever. But on the occasions where the idiots kids with guns are busted for something else before shooting anyone, the police are able to get at least some guns off of the street and prevent some shootouts. And in a city where people can be detained, searched, and even arrested for riding an unlicensed bicycle, it's not hard for the cops to find reasons to stop and search gangbangers.
    146. Re:From my cold dead hands by Money+for+Nothin' · · Score: 1

      Oh I know they do, as a matter of faith -- just as the President swears to uphold the Constitution of the United States as well.

      Yet, I think the record is quite clear that no President (or at least, none starting with FDR) has really adhered to that sworn oath, be it Bush Jr, Clinton, Bush Sr, Reagan, Carter, and on and on down the line.

      Why, then, should members of the military behave any differently in their disregard to the objects of their oath?

    147. Re:From my cold dead hands by aaronl · · Score: 1

      On the chance that you're *not* a troll.

      1. Don't be an idiot. You can just as easily carry thousands of things that would trivially kill that entire school. Columbine was a tragedy, but that it was done with a gun is not why. A gun can shoot one person at a time. Chlorine gas kills everyone in the room. Do we now ban pool chlorine?

      2. See point one.

      3. You had the means to be alerted to someone breaking into your home, and no way to do anything about it. *THAT* seems downright stupid.

      Comparing a pool to a gun to a hammer is stupid. The hammer and the gun are tools, and they can both be used to kill or defend. The pool is for entertainment, but it can still kill. All things *can* be used to kill someone. Your way leaves us chained up in a padded room being fed by machines. Honestly, you can shove that up your ass.

    148. Re:From my cold dead hands by Lehk228 · · Score: 1

      in a highschool chemestry lab creativity is in fact the last thing you want to promite. i sure as hell wouldn't want to be around when someone accidentally discovers a new and cheaper way to produce dimethyl mercury, sure it'd be both nifty and useful to mankind, but everyone in the room dies a horrible death

      --
      Snowden and Manning are heroes.
    149. Re:From my cold dead hands by Lehk228 · · Score: 1

      not to mention that it's hard enough to deal with an insurgency from the outside, where only your "away" supply lines are at risk. in a civil war the insurgency would also be able to attack home supply lines such as oil tankers and refinieries, manufacturing facilities, and highways.

      --
      Snowden and Manning are heroes.
    150. Re:From my cold dead hands by Anonymous Coward · · Score: 0
      In short, if it gets that bad, the weapons will show.


      So why would you need the 2nd amendment in the first place?

      To put the fuckers on notice before we have to kill them.

      I guess your next question is if I have nothing to hide, why can't they search me, my wife, my kids and my house.

    151. Re:From my cold dead hands by AlHunt · · Score: 1

      >The resistance in Iraq and Afghanistan has access to automatic weaponry and rocketry.

      A friend of mine did 2 tours in Viet Nam. He has a great many stories about the havoc "charlie" raised with low-tech cast off crap. Also remember that a lot of the problem in Iraq (politics aside) is from "IED"s - "I" being "improvised".

      In the end, there are too many guns in America to "disarm" the populace in any of our lifetimes anyway. I'd bet there are a hell of a lot more "unregistered" firearms in America than registered. And I bet a lot of those "registered" weapons would go mysteriously missing if some kind of total ban were enacted.

      --
      1 in 4 Maine children in struggle with hunger.
    152. Re:From my cold dead hands by rkcallaghan · · Score: 1
      AHumbleOpinion wrote:
      That is one of the most ignorant and ill-informed things I have read in this thread. The truth is that from basic training onward US military personnel are taught that it is *their duty* to disobey illegal orders.
      Abu Gharib? Iraqi civilian targets? Yes, they're taught to refuse those orders. That's why those in charge will change the target from "Civilians" to "Enemy Combatants" -- now the order is no longer illegal in the eyes of the drone. This is pointed out earlier in my reply, but you couldn't nearly be as rude and objectionable if you took my comment in its entirety. A humble opinion from you, indeed.

      ~Rebecca
    153. Re:From my cold dead hands by feronti · · Score: 1

      RPG guidance systems are easy... they're passive... i.e. they don't have a guidance system. Just make sure the center of pressure is in front of the center of gravity, and it'll fly straight enough for a short distance, say 100 yards. Any further, you've got to take ballistics and wind into account... but you can get some pretty impressive ranges if you don't care what you hit:). I've got a passively guided 3-stage rocket design that, under the right conditions, could put a 1 pound payload 3 miles down range. Granted that's based on a simulation with fairly ideal conditions (i.e. no crosswinds), and it was using a engine that would probably have shred it if it was constructed as designed (iow, a working version probably wouldn't go as far, since it'd be heavier). But, considering I didn't design the rocket to be used for long-range bombardment (it was designed to see how high an altitude I could get on engines that I didn't need a permit to buy), it's pretty impressive. A one stage design with the same power would've been better, but I was too lazy to throw one together:)

      Active guidance systems actually aren't easy, but certainly could be done (and have been done by hobbyists). The hardest part is getting the sensors small enough that you can still have a useful payload. You can get them fairly easily now (though they're pretty pricey--$42 for a 1-axis gyro--and you'd need three per missile) but you probably couldn't make them. Then you'd need microactuators that again, you probably couldn't build. Finally, you'd need some kind of target recognition system... probably the Mk.1 human would be the simplest (i.e. radio or wire-guidance), though a heat-seeker wouldn't be terribly hard.

      A more difficult problem than making an active guidance system is coming up with a powerful enough propellant that won't raise alarm bells saying "Hey! This guy's making rockets!". That and getting the explosives for the warhead without raising the same flags. Already, if you want to purchase model rocket motors containing more than 62.5 grams of AP propellant, you must have a low-explosives user permit, and access to an approved storage facility which has been inspected by the ATF (and usually the local fire marshall as well). So, unless you can make your own propellant, you won't be able to buy it covertly. For small payloads, like that on an RPG, you probably can use black powder, but anything larger you need a more efficient propellant. I'm not an expert on making your own propellants, so I can't really comment on what's out there that you could make in a clandestine lab without raising too many flags.

    154. Re:From my cold dead hands by YrWrstNtmr · · Score: 1

      That is why if the military would most likely assign soldiers to areas that are distant from their hometowns -- to minimize the emotional impact that soldiers would have.

      Still won't work. The US population is far too mobile and diverse. Even though I'm from NY, I couldn't bomb or attack Atlanta because I have friends and relatives there. And Cleveland. And Chicago. And even if you could convince the pilots to, you can't convince all the mechanics to not screw things up. And there are many, many ways a 19 year old 2 striper could cause a bomb to not come off the jet.

      I can say from experience, the US military is not made up of a bunch of emotionless automatons. From private/airman/seaman to General...Getting all or most of them to bomb Pittsburg or Phoenix would be nigh on impossible. And given the global communications of today, it would be impossible for them to not know that Pittsburg and Phoenix are being bombed.

      There are no red and blue states. They are all varying shades of purple.

      But to whom do they ultimately pledge allegiance: their countrymen, or the government? To the people they've sworn to defend, or to the people who provide them with their paycheck, their bread, their weapons, and their fellow soldiers, with whom they've each become lifelong "war buddies"?

      Come the civil war, I doubt paychecks to the military will be flowing freely. And these "lifelong war buddies", members of their platoon or squadron, come from all over. In the foxhole, you defend your buddy. Even though he comes from Harlem, and you are from SoCal.

      Your emotional desire says the former. History and emotionless reasoning suggests the latter.

      My 20+ yrs experience in the military also says the former.

      One final comment. Who makes and delivers all the spare parts and fuel for the military? Civilians, or military members?

    155. Re:From my cold dead hands by swillden · · Score: 3, Insightful

      See, the military is already prepared for that answer. If you refuse a direct order in the field -- and make no mistake, when they come for you, it won't be in an office meeting -- you get shot on the spot. What is the likelihood of a significant portion of the military defecting after watching their friend get his head blown off by their commander, with the gun is now pointed directly at them?

      This is based on your own extensive military experience, is it?

      I thought not.

      Let me tell you what would really happen to an officer who shot a man for disobeying an order which most of his men thought wrong and of questionable legality:

      He'd become a casualty. Probably not right away, but soon. Battlefields are dangerous places and deadly accidents happen with great regularity, especially to those who are perceived to be a greater risk than the enemy.

      What's far more *likely* to happen is that the officer would be fully aware that his men are going to be uncomfortable with the order, and in fact he's likely to be at least as uncomfortable with it as they are. Officers are, on average, better educated than the men they lead, and are encouraged to think more deeply about the issues and are more directly responsible for determining what is right and wrong. ALL soldiers are responsible for evaluating the legality and correctness of the orders they're given, but the burden is much heavier on the leaders. A maxim of military leadership is "Never give an order that won't be obeyed". Why? Because giving such an order has no effect other than to undermine your authority to give any orders.

      Given that, what would such an officer actually do, given that his orders require him to give an order that he doesn't like and which his men may well refuse to obey? First he's going to look for any alternative that allows him to accomplish his mission without giving that order. Failing to find any, he may or may not give the order, but if he does and finds it refused, he'll most likely have the man or men who refused the order arrested. Not shot, arrested. Then, at the court martial, when the men say that they refused the order because they could not in good conscience carry it out, the officers of the court will consider very carefully whether or not the order was correct. If they decide it was, the soldier on trial might be executed, though it's more likely that he would just be imprisoned. If this was an isolated case, that would be the end of it. If the refusal were widespread, however, the military leadership would get the message that their forces cannot be used in this way. They would inform the commander in chief that the military was unable to accomplish the mission rather than risk widespread mutiny.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    156. Re:From my cold dead hands by YrWrstNtmr · · Score: 1

      Why, then, should members of the military behave any differently in their disregard to the objects of their oath?

      The President is one person. The military is many, many persons. You have to convince all/most of them to willfully attack US civilians. Can't be done.

      Look at Kent State. Even after all the buildup, provocation, and rock throwing, only 29 out of 77 Guard members fired their weapons. A lot fired into the ground or into the air. One third. Had the confrontation gone on any longer, that radical/violent/scared one third would have been decimated by the others.
      "Stop, you idiots!"

    157. Re:From my cold dead hands by rkcallaghan · · Score: 1
      Swordsmanus wrote:
      It may come to that later, but unless there's been a recent change I'm unaware of, current standards of military conduct contradict your postulation.
      Since you wrote a well thought out reply and included some links yourself; I figured I owed you a reply of some kind. My information on this comes from a friend I've known for at least a decade, a man who leads his unit on a regular basis, Lt. J. Cruz, US Army. From what I'm told, there's alot of pushing to say that kind of "duty to refuse orders" business -- but when you're out there, that's not how it is. Do I really need to provide a link to an Abu Gharib story? What I see supports what I hear -- I see official papers and suits saying one thing, I see your link to a token soldier who once got applauded for it 30 years ago. Then I see the daily reality -- not one soldier has come forward from Guantanamo Bay, no one stood up at Abu Gharib.

      And other whistleblowers like Samuel Provance have been demoted for their actions, but continue in service. Tony Lagouranis wasn't demoted for his whistleblowing actions. Joseph Darby was honored by politicians and some military personnel, while other members of the military disparaged him. So it's not nearly as clear cut as you assume.
      Samuel Provance had to come all the way home to talk to the media. He obeyed orders while he was there. All he did was come home and talk, AFTER. He still spent time in the brig and still got demoted. It's two years later and all his honesty hasn't landed even one superior in jail. How exactly is this an example of how we can count on our soldiers to turn face and stop a terrible event (the military "herding civilians in to cattle cars", per OP) while it's happening?

      Tony Lagouranis talks about how some bad stuff happened before he got there, that he wasn't a part of. He talks about some things that he knew was happening, but did nothing to stop. He also tells about how he of course was only doing "by the book" interrogation, with nothing but harsh questions and mind games. This is the guy you're counting on to turn face to an armed commander?

      Joseph Darby, yes I applaud his actions but again, like your previous two examples, he's a guy who felt bad about it and complained months after it occurred. None of these people are relavent -- we're talking about soldiers who will do something immediately, in the field. All three of your examples "ended up in a brig while the action moved on", so to speak.

      To sum it up, back up your words with cited sources and examples or else your points, while interesting, hold no more water than those you're arguing against.
      All three men are well documented on wikipedia, in fact I double checked each one while writing this post.

      ~Rebecca
    158. Re:From my cold dead hands by Intrinsic · · Score: 1
      See, the military is already prepared for that answer. If you refuse a direct order in the field -- and make no mistake, when they come for you, it won't be in an office meeting -- you get shot on the spot. What is the likelihood of a significant portion of the military defecting after watching their friend get his head blown off by their commander, with the gun is now pointed directly at them?


      Ohh boy... wanna cool it with the dramatics? Point #1 never underestimate the power of a group of people with a belief that is strong enough to overcome their duty. Its hardwired into their system. If you are part of something that you know is wrong and you get togeather with a group of people that believe the same thing. Guess what? you got a situation where those people are no longer going to follow orders, I dont care how much brainwashing happened.

      You are underestimating the power of people to do what is right at any given moment.
    159. Re:From my cold dead hands by NormalVisual · · Score: 1

      And in a city where people can be detained, searched, and even arrested for riding an unlicensed bicycle, it's not hard for the cops to find reasons to stop and search gangbangers.

      Which is part of the reason you'll never find me living in DC. Draconian gun laws, detentions/arrests for trivial things, and a near-total lack of governmental representation aren't my idea of a good time.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    160. Re:From my cold dead hands by Trogre · · Score: 1

      1. Because thanks to a whole lot of movie BS children have been taught that guns are cool.

      2. Because hammers have a legitimate use beyond killing people.

      3. Too often. The only reason one would need a gun is if one is prepared to commit murder. Are you prepared?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    161. Re:From my cold dead hands by DamnStupidElf · · Score: 1

      1. because I find a little difficult to carry my swimmimg pool to the local school and soak everyone at the cafeteria to death. Also, it is far more easy to protect a children from a swimming pool than from a gun. Does the word "Columbine" ring any bell?

      But it's not. Your children have a much higher statistical likelihood of dying in a swimming accident than they do of being shot at school (unless you are unfortunate enough to live in a very high crime neighborhood which can't afford swimming pools).

      2. Again, it is far more easy to spray bullets than hammering 20 people to death.

      It's far easier to run over 20 people with a car than aim and hit them with bullets.

    162. Re:From my cold dead hands by meta-monkey · · Score: 1

      If it came down to a civil war, I seriously doubt the military would be a unified front. Soliders are citizens, too. If things get so bad that citizens want to take up arms against other citizens, soldiers (with tanks) would also fight other soldiers (with tanks).

      --
      We don't have a state-run media we have a media-run state.
    163. Re:From my cold dead hands by khallow · · Score: 1

      And we're dealing with the optimistic assumption that the entire military will be on your side. Doesn't take much for a knowledgeable person to gum up the works. And you'll get a bunch of them in a civil war.

    164. Re:From my cold dead hands by Ungrounded+Lightning · · Score: 1

      ... your grand-daddy's rifle is really going to help against tanks and automatic weaponry.

      Read my sig.

      Meanwhile, tanks without support troops are canned long-pig waiting to be cooked. For the support troops, read the sig again.

      Not that it matters. If/when the troops are ordered out against the population, the population will have more than adequate access to the troops' own armories, along with plenty of training. You see, many of the civilians are ex-troops, while many of the troops believe in and understand their oath to the constitution - and some of those are the guys in charge of the armories. (And then there are all those NRA-certified instructors who TAUGHT the troops in the first place and teach the same skills to civilians. That's what it was founded FOR, after all.)

      But they won't stop just with parity. There's the private arms and their users: Just for starters, varmint hunters are better armed for sniping than nearly all the troops (and most of the snipers), and they average better snipers than all but the top handfull. The population generally has better small-arms for accuracy, distance, and power - which more than makes up for the scarcity of full-autos.

      Private gun owners and police are not generally on the range together - because the police are too embarrased by the contrast. The advantage is not so great against troops in general - who still haven't had as much practice and training. Specialists and the better private shooters are in the same league (sometimes literally).

      And most people can buy a gas mask, but not many do, which means that anyone wanting to subdue you non-violently just has to use some simple tear gas.

      My household has two gas masks per occupant as part of the safety equipment (not counting other suitable stuff, like paint respirators). That's because my wife and I grew up during, and were active in, the Vietnam era anti-war movmenet. (You'll see me on the front page of the Chicago Sun during the Chicago '68 Democratic convention, under the headline "Gasmasked Hippies Harass Police".) There are plenty of other ways to deal with teargas than a regular gas mask, too.

      Meanwhile, while they're teargassing ONE house, the rest of the population can apply the true "code of the west": Get the drop on 'em and shoot 'em from behind.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    165. Re:From my cold dead hands by ignavus · · Score: 1

      Was that the news item that mentioned the second amendment to the new Iraqi constitution:

      "A well regulated insurgency being necessary to the insecurity of an unstable State, the right of the Iraqi people to keep and bear rocket launchers, explosives and heavy weapons shall not be infringed."

      --
      I am anarch of all I survey.
    166. Re:From my cold dead hands by ignavus · · Score: 1

      On the Easter front, as you call it, wouldn't they be saying: "Each of our tank crew could eat five of their eggs. We kept eating six." And that is why their tank crews got too fat and couldn't fit into their tanks any more. Too much chocolate.

      I'll tell you about the Christmas front some other time.

      --
      I am anarch of all I survey.
    167. Re:From my cold dead hands by sco08y · · Score: 1

      Infantry can take out tanks with a rifle.

      About the only man-portable weapon that can take out a main battle tank is an anti-tank missile like the Javelin. Sustained small-arms fire can be debilitating by damaging optics and disorienting the crew but it won't destroy or even disable an MBT.

      And all of this ignores the fact that MBTs move in platoons with dismount, indirect and air support. It's not like in the movies where one tank is wandering around for no particular reason, so if you even if you score a kill in one hit his wingman will get you or call in artillery on you.

    168. Re:From my cold dead hands by AHumbleOpinion · · Score: 1

      Abu Gharib? Iraqi civilian targets? Yes, they're taught to refuse those orders.

      And yet those at abu were prosecuted. And those who intentionally attacked non-combatant have been charged with murder. *If* these acts were committed under orders why are the participants being prosecuted, because it was illegal for them to obey an illegal order. So yes they are taught to refuse and they are prosecuted when they fail to do so.

    169. Re:From my cold dead hands by Anonymous Coward · · Score: 0
      The men don't even have to pull the trigger or roll the grenade themselves, it *has* been done more simply by saluting an officer in the field.
      For those who don't get the reference:

      Saluting an Officer in the field is the equivalent of painting a large target on his back, because enemy snipers like to target Officers.

      It is one of the more subtle ways to kill an Officer you don't like.
    170. Re:From my cold dead hands by bagsc · · Score: 1

      If it was so easy for guys with tanks and automatic weaponry to go down K Street looking for a guy with a handgun, you'd have a point. In an insurgency, the insurgent's objective isn't to kill the enemy in power, just to show everyone that the "enemy in power" really isn't in control. Sure, you could do it with a machete, a protest march, or a car bomb, but guns are how you intimidate people face to face. Intimidating your neighborhood is how no one squeals to the guys with tanks.

      If it were so easy for the cops to find murderers, they wouldn't need to propose these gun bans. The minutemen militias were guerrilla fighters as well - they acquired the training and artillery later. People in tanks can defect, or mutiny, or let their guard down when at their daughter's birthday party. Civil wars can be very, very ugly.

      --
      http://www.accountkiller.com/removal-requested
    171. Re:From my cold dead hands by krenskeoz · · Score: 1

      >1. Children can hurt themselves with all manner of household objects. Why should guns be any more regulated than swimming pools in this regard?

      Hmmm. Once upon a time in a place far far away and a long time ago (Queensland, Australia, 1980's) the highest cause of death for children 7 and under was drowning in swimming pools. Yep that's right more than road deaths, more than infanticide, more than any single disease. After a couple of truely horrendous years, swimming pools were regulated. The regulations consist of enforced fencing with gates that have locks higher than 5 feet 6 inches. The Laws took several years to take effect and were fought tooth and nail by developers, some parents objected to having to supervise their children by opening the gate and some people simply didn't want to do it. Low and behold, the death of children to pool drowning collapsed (down to 3-4 per year), there was even a reduction in pool deaths in adults. Personally I see no difference between fencing a water filled death pit (a term that some people use for pools) for children, and the enforced fencing of other dangerous locations (waste dumps, building sites, uncapped mines and open pits.). It's just that many people do not consider their pool to be dangerous. At least not until the grandchild drowns, or the little kid from three doors up drowns or until they themselves fall on a wet path and drown.

      I see sensible regulation of guns to simply be good policy. They are dangerous pieces of machinery, therefore get training just like you would for machinery. Lock them up so only their owner can use them, just like machinery. Force them to be correctly maintained, just like machinery.

      So here in Aus, you need to take a gun safety course (which I can't believe anyone could fail but they do). Guns have to be licensed to an owner and secured by them (the owner had better damn well report theft as well). Gun owners can have their facilities inspected and you had better not be found to have your weapon sitting loaded on a table or something. The weapon can only be discharged in a lawful manner which effectively means safely, not unlike the way you must drive lawfully. I have no problem with the laws, I hunt regularly, I shoot competitively, I have conducted much more serious safety courses than government ones and wouldn't mind if some parts of the laws were tightened further.

      Further to your point 3, with regards to the police being worse than civilians is a pretty good reason for systemically removing guns from the hands of police. Allow the police access to guns but do not make them available for standard carry by every patrolman. If a patrolman feels in anyway that he is in danger then he retires from the situation. At this point he returns with a weapon or he gains armed support (the armed support may be a stand off partner with a serious weapon). Mind you if you pull on a police officer or draw a knife or even take a swing, you go down in a big way.

      In Britain I believe that is the standard method of operations. But once armed response occurs it is generally fairly severe. A team of 7-8 with handguns and SMG's for example. In Aus the police carry in most situations (for crowd enforcement they usually disarm due to a high chance of some drunk attempting to draw etc.) but they are more likely to shoot themselves or each other, than have a criminal shoot them.

    172. Re:From my cold dead hands by bobcote · · Score: 1

      The chaos that followed Katrina was the biggest argument for private gun ownership in a hundred years. The police and national guard were overwhelmed in the cities. The people in the outlying areas had even less chance of civil protection. Gun confiscation would have guaranteed that only the criminals would have guns. There were anecdotes of people having to use a gun to defend themselves and their neighbors from being robbed or killed.

      I believe when you have food and water you should share. But these gangs wanted all of it. Killing is wrong, except in self defense or the defense of other innocents.

      The incidents in Louisiana and Mississippi made me consider buying a weapon. I'm still thinking about it. But I live in a state where a license is hard to get and our newly elected govenor will probably make it even harder.

    173. Re:From my cold dead hands by rkcallaghan · · Score: 2, Insightful

      Prosecution of a handful of grunts after an embarrassing public picture fiasco doesn't mean shit. Not one of them was of an officer, all enlisted men. Fire some college kids to make the public say "SEE! We prosecuted them!". Again however, prosecution doesn't support your original position that soldiers can and will refuse those orders. All it says at this point is that if you end up on the 6 o'clock news they'll sacrifice some enlisted scapegoats.

      ~Rebecca

    174. Re:From my cold dead hands by sco08y · · Score: 1

      Hopefully, a large portion of them would either refuse or even defend the civilian population.

      Yea, good luck with that.


      Given that the combat arms branches (in which I'm serving) of the US military is equal parts Southerners who are convinced that the Civil War ended wrong and small-government conservatives, the Pentagon would have to make do with the least combat-capable branches. They'd pretty much be stuck trying to impose martial law and control insurrection with MPs.

      What is the likelihood of a significant portion of the military defecting after watching their friend get his head blown off by their commander, with the gun is now pointed directly at them?

      If I did get stuck working for that one commander, I can guarantee you that every NCO, warrant officer and commissioned officer I've ever served with would have zip-cuffed him long before it got to that point. I may only have 3 years service, but it's long enough to have gotten to know quite a few leaders.

      Oh, and, yes, we are instructed to disobey illegal and immoral orders, repeatedly. My squad leader mentioned it *again* last week when we were in the field doing machine gun live fires, when we were going over fire command drills. (His words, roughly: "if you get a sector of fire that has civilians, you request confirmation. If you are ordered, you must say negative and refuse to comply.") And I was in basic when Abu Ghraib happened; the troop commander stopped training for the afternoon to talk about it in an open forum.

      Best case, they defect with what they happen to have on them now, and become "enemy combatants". Great! We got a dozen guys and a handful of pea shooters and grenades. Too bad there's a "daisy cutter" on its way to whatever building you rebels are holed up in.

      I'm in an "OPFOR" unit, meaning that we portray an opposing force in wargames type training exercises. We go against BLUFOR using small arms, mortars and RPGs vs 5 times as many troops, tracks and aircraft. And BLUFOR does destroy buildings we're hiding in. We typically kill 10 of them for each one of us. So, yes, a group of determined turncoats can wreak havoc on a standing army.

    175. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      And all of this ignores the fact that MBTs move in platoons with dismount, indirect and air support.

      And lets say there was a military coup or some other reason for platoons to be wandering around on American soil? How many platoons do you think it would take to cover America?

      While you're doing the math, compare land area of Iraq to land area of USA, and tell me the army is big enough that they could do a better job here.

    176. Re:From my cold dead hands by version5 · · Score: 1

      Illegal orders include but are not limited to attacking non-combatants.

      Attacking non-combatants is illegal according to Article 3 of the Geneva Convention -- you may have heard of it -- but the president argues that his role as commander-in-chief gives him the right to decide whether he wants to follow that law. As far as we know, this has only been used to justify torture, but there's no reason why it doesn't include killing. The president believes that he can legally withdraw Geneva convention protections on his say so, which includes ordering the military to kill American civilians.

      --

      "It's Dot Com!"

    177. Re:From my cold dead hands by darkmeridian · · Score: 1

      "I don't know about you, but my High School Chemistry class had an entire segment on what household chemicals could be used to create very nasty poisons and explosives. Most of it was geared towards "don't EVER mix these two chemicals", but was followed up with "because if you mix 2 parts this, with 1 part that, stir, drain, separate and then let sit, you'll have a nice plastique"."

      You believe that the Second Amendment protects the right of ordinary citizens to carry weapons to oppose the government when the time came. Therefore, you think that weapons should not be regulated at all. Are you saying that plastique, RPGs, and nerve agents should not be regulated because they are necessary to prevent government oppression?

      That's what Tim McVeigh thought, too, when he blew up the Oklahoma City federal government building to stick it to The Man. Truth is that your view of society would reduce us to Iraq, where the Sunnis and the Shiites are blowing each other up over differences on what government should be. I like the American way of life, thank you very much.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    178. Re:From my cold dead hands by sco08y · · Score: 1

      And lets say there was a military coup or some other reason for platoons to be wandering around on American soil? How many platoons do you think it would take to cover America?

      I'm not saying that armor would be used to patrol the entire country. I have no idea how martial law would be imposed. I was merely remarking on the fact that it's not easy to attack armor.

    179. Re:From my cold dead hands by Anonymous Coward · · Score: 0
      And yet those at abu were prosecuted.
      Bwahahahahaha! You are one funny guy. One funny, stupid fucking guy.
    180. Re:From my cold dead hands by Dausha · · Score: 1

      "So why would you need the 2nd amendment in the first place?"

      To keep things from getting that bad. It's an insurance policy. As long as those in power know they risk their lives if they try to (abjectly) oppress society, then they are less likely to get out of control in the first place. Of course, this has less effect when you're boiling the frog.

      --
      What those who want activist courts fear is rule by the people.
    181. Re:From my cold dead hands by Dausha · · Score: 1

      "Then they're drunken, deer-hunting idiots. The Second Amendment specifically guarantees the right of the people to rebel against an unjust government, and as such we should have the right to any weapons we want, up to and including artillery and aircraft."

      That's where you start dealing with the implausibility of it all. While I could own my own M1 Abrams, it takes a lot of time, talent and treasure to maintain and use effectively. That's why we train soldiers to use these high-dollar weapons. I'm sure Mr. Gates could outfit his own army, especially if he took the money from his charity (and Buffet's), with sophisticated weapons. So, we should be nice to Vista . . .

      However, with other posters, I agree that an M1903 Springfield is more than suitable to ensuring a well-behaved government. From a cost perspective, it's much more effective in the hands of a citizen than an M1 Abrams. Insurgents have shown that low-tech and patience prevails.

      --
      What those who want activist courts fear is rule by the people.
    182. Re:From my cold dead hands by bored_engineer · · Score: 1

      Relax, you worry too much . . . Nobody was hurt, and there was only one evacuation. (There are one or two acids with a rather strong, harmless odor.)

      Even a codger like me had only one experiment with mercury in two years of high school chemistry.

      Demonstrations with other metals can be fun, too, though. Aluminum is especially useful. (Man, does it burn when you convince it; iron, too.)

      Seriously, though, relax. Some of the best innovations are made by young people with too much time on their hands.



      Idle hands are the devils workshop!

    183. Re:From my cold dead hands by azimir · · Score: 1
      Because the day the decision is made to revolt, for whatever reason, there will be armed citizens in every corner of this country. Deciding which ones are revolutionaries, which are loyal and which don't care will be extremely difficult. This makes the decisions that will cause rebelllion something to at least think about, instead of trying and taking out any sources of weaponry they'll have to go house to house. Good luck with that.

      Oh, and after the termination of the USSR documents came to light that the leaders of the USSR had long decided that there would be no way to actually conquer the US. The two reasons cited for the decision were:
      1. Our interstate system, allowing mass travel to any part of the country by anyone
      2. The fact that our populace was incredibly well armed and willing to defend their country en masse

      We can thank the US government for the first thing and the founding fathers for the second. I'd rather future potential conquers, be they foreign or domestic, come to the same conclusions.
    184. Re:From my cold dead hands by rkcallaghan · · Score: 1

      It's really interesting reading your perspective, thank you for sharing it. It paints a totally different picture, that's for sure. If things are as you say however, how come no one did anything about Abu Ghraib when it was actually happening? How come Guantanamo persists? Why aren't these trained soldiers refusing these orders today?

      ~Rebecca

    185. Re:From my cold dead hands by azimir · · Score: 1
      Three things:
      1. Standing toe to toe against modern military, armed and trained lightly would be a death wish.
      2. Anyone seriously considering rebellion won't do #1
      3. "equally numerous" is unjustified here. Any serious rebellion will outnumber the remaining military that has decided to remain loyal to the oppressors and see #2 for hints about how the rebellion will operate.

      The vast majority of the fighting will be long range, hit and run, bombings and disruptive attacks. The only true way to stop it when the populace rises up is in true tyrannical style and calls for mass killings of the people. Otherwise, you have no idea if that people passing your soldiers on the street is with you or against you, and they might not know either. Start killing his neighbors en masse and he'll quickly make a decision one way or the other. You may not like his choice.

      If you look at the history of an obviously outgunned force, you will see a history of geurilla warefare, "underhanded" tactics and all too often the winners in the end. Combat is more about determination than equipment and training. When you are facing an actively militant rebellion any actions you take to supress it will mostly create more determination and generational focus. Eventually you'll be wondering why it's now the great-granddaddy's rifle doing the shooting.
    186. Re:From my cold dead hands by azimir · · Score: 1

      To back up your #1 with some real numbers:

      In 2002, 905 children under the age of 14 drowned in 5 gallon buckets.
      http://www.ctsafekids.org/pdf_files/Drowning_Facts .pdf

      Whereas, in that same year 60 children were killed in unintentional shootings.
      http://www.usa.safekids.org/content_documents/Fire arm_facts.pdf

      Both of these groups are tragedies, but I feel that many people have their pritorities in the wrong place. Education goes a very long way in solving the unintential shootings. Guns do not fire accidentally unless they're faulty. Training people to properly care for and use any tool is important. Why many people do not see guns in this light, I have no idea.

    187. Re:From my cold dead hands by AttilaDHun · · Score: 0

      I call BS. It's not a question whether you win win or lose.

      Are you willing to fight?

    188. Re:From my cold dead hands by SpacePunk · · Score: 1

      The concept is defined as the person being a clear and present danger. As a policeman once told me, "If you ever have to shoot someone, say only, and keep saying 'I feared for my life.'"

      Unfortunately in the U.S. the Nancys in the country would like to emulate the UK in making even self defense a criminal offense.

    189. Re:From my cold dead hands by SpacePunk · · Score: 1

      "You also forget that there are many of us civilians that were once former soldiers ourselves. We've experienced tear gas, and some of us much worse. You show a serious lack of imagination about what a disciplined person, or group, can accomplish."

      That is because they have never experienced discipline.

    190. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      In other words, if it came to the point where you'd need to use weapons,

      a. the current ones would be useless;
      b. it wouldn't be too hard to get decent ones at that time.

      So how does this lead to a "necessity" to bear arms during peaceful times ?

    191. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      In actuality modern tanks are EMP hardened, principally with a layer of permeated insulation foam. EMP's aren't especially helpful vs. tanks....now Helicopters, jets, other vehicles, are another matter.

    192. Re:From my cold dead hands by Elentari · · Score: 1

      Hammers and swimming pools aren't purchased with the intent to use them to injure people or animals. Bringing something that is intended to cause damage into your house is different to an item, such as a hammer, which has a distinct and separate practical application. If guns really protected people, then America would be safe, given the sheer number of them knocking about. Fact is, it isn't.

    193. Re:From my cold dead hands by chill · · Score: 1

      At no time did I say that I thought weapons should not be regulated at all.

      I have no problem with restricting ownership of fully-automatic weapons. Nor do I have a problem with requiring Carry & Conceal permits. I also don't have a problem with 3-5 day waiting periods, nor background checks to make sure the purchaser isn't a convicted felon.

      My point about the chemistry was that the knowledge and tools were there if you knew where to look. You can't regulate it worth a damn because they are made from common ingredients like bleach, ammonia, fertilizer and diesel fuel.

      And your logic about weapon ownership degenerating society flies in the face of historical fact. Firearm ownership didn't exist AT ALL in the U.S. until about the 1920s, and we didn't degenerate into chaos. Personal weapon ownership *is* the American Way.

      --
      Learning HOW to think is more important than learning WHAT to think.
    194. Re:From my cold dead hands by that+this+is+not+und · · Score: 1

      If a patrolman feels in anyway that he is in danger then he retires from the situation.

      Does he return to retrive the now-lifeless rape victim's body? Or does he just call the coroner?

    195. Re:From my cold dead hands by Lehk228 · · Score: 1

      sure experimenting with chemestry is fun, i'm just saying highschool isn't the best place for it, since highschool kids are particularly dumb.

      there were plenty of kids in my highschool whose idea of experimenting would be to mix 100 ml of each material available into a beaker then try to light the result on fire (if it didn't burst into flames itself that is) or make an anhydrous sodium hydroxide blow gun, or dump the entire jar of sodium hydroxide into thwe 12M HCl just to see what happens.

      --
      Snowden and Manning are heroes.
    196. Re:From my cold dead hands by dodobh · · Score: 1

      So you take out one city, and threaten to do the same to all the rest. Taking ut a city is fairly easy, particularly if you don't want to hold it.

      --
      I can throw myself at the ground, and miss.
    197. Re:From my cold dead hands by sco08y · · Score: 1

      If things are as you say however, how come no one did anything about Abu Ghraib when it was actually happening?

      I don't know. After reading the accounts, I didn't have a clear picture of where the mysterious instructions came from, or why the commanders didn't intervene.

      How come Guantanamo persists? Why aren't these trained soldiers refusing these orders today?

      Are you saying the guards should just refuse to guard? It doesn't work, though. Refusing orders can prevent the worst excesses and prevent individual acts of sadism. But even in the worst Nazi or Soviet concentration camps, what killed the most people was the combination of backbreaking work, inadequate food, lousy hygiene and no medical care. None of those things can be prevented by refusing orders.

    198. Re:From my cold dead hands by AHumbleOpinion · · Score: 1

      "Illegal orders include but are not limited to attacking non-combatants."

      Attacking non-combatants is illegal according to Article 3 of the Geneva Convention -- you may have heard of it -- but the president argues that his role as commander-in-chief gives him the right to decide whether he wants to follow that law. As far as we know, this has only been used to justify torture, but there's no reason why it doesn't include killing. The president believes that he can legally withdraw Geneva convention protections on his say so, which includes ordering the military to kill American civilians.


      No, the President does not believe in attacking non-combatants. However, the President does believe that those defined by the Geneva Convention as illegal combatants are not entitled to the protections of the Geneva Convention. Hence some of the folks taken on the battlefields of Afghanistan going to Guantanamo. A modern terrorist is not unlike what the Geneva Convention defines as saboteurs and spies, and these are allowed to be executed in a time of war. The Geneva Convention even allows for the execution of legal combatants who intentionally attack non-combatants.

      While the President argues that we are not bound by the Geneva Convention with respect to detainment of illegal combatants and terrorists, we are none the less running Guantanamo in a pretty humane fashion. The argument the president makes is more about jurisdiction, and less about actual treatment.

    199. Re:From my cold dead hands by AHumbleOpinion · · Score: 1

      Again however, prosecution doesn't support your original position that soldiers can and will refuse those orders.

      You are quite confused over my original position. Reread the ridiculous claim of another and my follow up in bold: "Yea, good luck with that. See, the military is already prepared for that answer. If you refuse a direct order in the field -- and make no mistake, when they come for you, it won't be in an office meeting -- you get shot on the spot". "That is one of the most ignorant and ill-informed things I have read in this thread. The truth is that from basic training onward US military personnel are taught that it is *their duty* to disobey illegal orders. Illegal orders include but are not limited to attacking non-combatants. An officer who threatens to shoot a soldier who refuses to follow an illegal order can be immediately relieved and taken in custody, even by a subordinate".

      So you are entirely mistaken with respect to "can". Then can disobey an illegal order, as evidenced by the fact that they are trained to do so. With respect to "will", no training is 100% effective. However soldiers are repeatedly trained to disobey illegal orders, and this deters officers from issuing them. Few things are worse for an officer than to lose face and credibility due to an order being refused. He can probably even be charged.

    200. Re:From my cold dead hands by Mi5ke561 · · Score: 1

      Tanks are fairly easy to kill in an urban setting. You just have to know how. As far as automatic weapons go, those are nice if you're out in the open with an enemy out in the open, and you want to create a beaten fire zone. Aside from that, full auto is of marginal usefulness. In an urban guerilla setting, where you don't have a uniformed enemy, semiautomatic and bolt action rifles are a better pick, not only because you're less likely to be located while you're taking out whomever is on the other side, but also because of logistics. After Vietnam, the US Army did a study which found that in a single firefight, those who carry selective fire weapons would dump about 60 percent of their basic load. If you're subsisting on captures, that puts you in a critical status as far as each individual unit of fire is concerned. In contrast, aimed fire is better, because you're not dumping 60 percent of your load. BTW, if you study any history at all, you'll find that the most successful guerilla leader in US history, Col. Wendell Fertig, who commanded the Mindanao Guerilla, would only send his guys out raiding with ten rounds a piece. His reasoning that by keeping em short on ammo, that they'd shoot some Japanese, collect their spent cartridges for reloading and bug out rather than trying to contest the Japanese for ownership of ground. And along with Aaron Bank, Wendell Fertig was one of the original authors of US Special Forces doctrine. BTW, don't try the "How many helicopters do you have?" arguement. The question isn't how many a guerilla has, but rather how many can he knock down, and in the real world, shooting down helicopters isn't all that hard. (Just as a thought, go find an old Atlantic Monthly article by Craig Estabrook called "All Aboard Air Oblivion." You can read about the book keeping cheats that the Army used to cover up the actual number of losses in Vietnam as regards rotary winged aircraft.

    201. Re:From my cold dead hands by rkcallaghan · · Score: 1
      sco08b wrote:
      Are you saying the guards should just refuse to guard? It doesn't work, though. Refusing orders can prevent the worst excesses and prevent individual acts of sadism. But even in the worst Nazi or Soviet concentration camps, what killed the most people was the combination of backbreaking work, inadequate food, lousy hygiene and no medical care. None of those things can be prevented by refusing orders.
      Remember in this thread we're talking about the capacity of soldiers to not only refuse an order, but defect to defend the American populace against the rest of the military. That takes more than just refusing orders too. That's going to take doing something.

      I'm sure there's plenty of food, they could share some. They could help out on the "backbreaking labor" -- soldiers tend to be in excellent physical condition, and are almost certainly in better shape than the tortured prisoner. The doctor/soldier could you know, uphold the Hippocratic oath and refuse procedures that enable torture (such as stimulants to enable sleep deprivation) or that enable torture to continue (such as force-feed tubes).

      They could even release the prisoner and have a decent argument for their court martial -- "We are supposed to refuse illegal acts against civilians. This man has been held and tortured for 2 years and without any charges, trial, or even a visit from a lawyer. He's a civilian, it's illegal, we let him go."

      I want to thank you again as I up until now haven't had much chance to have a discussion about this with someone who's actually been in the service recently (my closest military friend is over 2 years overdue now). So it's appreciated even though I don't feel that the assurance of military "rules" is sufficient to be willing to part with the ability to fight back.

      ~Rebecca
    202. Re:From my cold dead hands by wilec · · Score: 1

      Not to disparage the value of quality firearms in skilled hands, but even if such are not available a determined group or even individual can act in very effective and devastating ways. The chemicals at the base of many commonly used, and necessary, products can be easily be isolated, concentrated and/or combined to make really nasty things. Even if such products were heavily regulated and thus scarce there are plenty of naturally occurring elements and compounds that would be impossible to control in less than a generation or two, if ever. Taking and maintaining control of a nation all actually hinges on some very elusive stuff like cultural inclinations and philosophical ideals. Given the cultural and philosophical nature of its citizens the USA would be pretty much impossible to hold as a single martial controlled state. That being said if the federal state were broken and it devolved into many smaller feudal states, say 50 or more, some local areas may see long term martial rule. As always all it takes is a determined group or sometimes an individual to shift the balance. Oh and BTW I would bet my grandfathers 45/70 Sharps would still be a most effective sniping tool, but I would still prefer my 30-30 carbine and 12 gauge for close in urban or brushy stuff. As for tanks I wonder how the long the occupants would be effective with a dose of concentrated poison-oak and jabenero pepper oils. Chem suits you say, they had better be prepared to live in em. As for automatic weapons, it only takes one shot for a kill, or in case of a shotgun well enough said.

      Wabi-Sabi
      Matthew

      "It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." Samuel Adams

      "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." Benjamin Franklin

        When the people fear their Government, there is tyranny. When the Government fears it's people, there is liberty.." Thomas Paine

      "It behooves every man who values liberty of conscience for himself, to resist invasions of it in the case of others or their case may, by change of circumstances, become his own." Thomas Jefferson

    203. Re:From my cold dead hands by swillden · · Score: 1

      If things are as you say however, how come no one did anything about Abu Ghraib when it was actually happening?

      The answer to those questions has far less to do with the military structure and training than it does with basic human psychology. Read up about the famous Stanford prison experiment. While there are plenty of questions raised about the experiment, the basic results are confirmed daily around the world. Prison guards nearly always end up dehumanizing the prisoners and without very firm controls to prevent abuse, abuse is almost guaranteed to happen.

      In the case of Abu Ghraib, not only was the normal guard/prisoner relationship in full force, but the guards had additional reasons to think mistreatment of the prisoners was the right thing to do (to obtain intelligence from them to prevent terror attacks on Americans), *and* they had been given to believe that higher authority supported their actions ("the gloves are off"). So instead of firm controls to limit abuse in a situation where it is always a concern, the abuse was actually encouraged. Not only that, I'm sure many of those involved, both those directly involved and those at higher levels, felt that extreme actions were justified in the interest of safeguarding their people from terrorist attacks.

      Given that set of conditions, it's hard to imagine what, if any, training could have prevented Abu Ghraib's atrocities.

      Note, however, that the topic under discussion bears no similarity to the Abu Ghraib conditions. The most crucial difference is the lack of the prison guard/prisoner situation, but other key differences are the fact that the prisoners were different, racially, ethnically and religiously, and that there was basically zero possibility of any of the guards sympathizing with the prisoners' goals and attitudes. All of that served to reinforce the crucial "us vs them" mentality that is necessary for dehumanizing "them", and therefore allowing what would normally be obvious abuse to be considered right, or at least acceptable.

      None of that would exist in the case of soldiers being ordered to attack fellow Americans. That would be a very hard order for any soldier to obey and, quite obviously, soldiers are much more likely to refuse illegal orders that they personally perceive as wrong or evil. Though they have a duty to refuse *all* illegal orders, they are also trained to obey orders, so there's a sort of conflict in the training. In specific cases, the conflict is clarified, but in unexpected circumstances it may depend upon the soldier's own conscience to recognize that an order is wrong before he or she analyzes the order's legality.

      Luckily, being ordered to shoot people who look, act, talk and think like you and with whose cause you have some sympathy is exactly the sort of thing that will elicit powerful pangs of conscience. Enough so that even if the order is technically legal, you'll still get a fair number of soldiers who will refuse to obey it, and their example will encourage others whose own moral courage isn't quite up to the task.

      Bottom line: Using US troops against a large scale American insurgency will probably fail, and will at least create a severely debilitating crisis within the armed forces.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    204. Re:From my cold dead hands by version5 · · Score: 1

      Hence some of the folks taken on the battlefields of Afghanistan going to Guantanamo.

      Except for Jose Padilla, who was arrested by federal agents at O'Hare International Airport, not by military personnel in a combat zone. Nonetheless, the president argued that he can classify Padilla as an enemy combatant despite never have been in a combat zone, and that he's not entitled to Geneva protections.

      All of this is justified by what can best be described as bong-smoke logic that says, well, really, when you think about it, in the post-9/11 world, isn't the entire world really a "combat zone"? The terrorists sure think so, and I agree with them! And even though legally, we're not at war since war has never actually been declared by Congress, as long as the president says, "We're at war, people!", then Americans have fewer rights. Oh, but don't take away my guns - I need them because you can't trust the government. You see, I don't like the government telling me how to live, I just want to be left alone. Taxation is theft! But I don't mind that exact same government telling the rest of the world at the point of a gun who they can and can't vote for, what sort of government and laws they should live under and how to live. Don't you see? Its all OK because the president says we're spreading freedom! Besides, these are terrorists we're talking about, not real Americans who deserve to have rights.

      --

      "It's Dot Com!"

    205. Re:From my cold dead hands by Money+for+Nothin' · · Score: 1

      Fair point about Kent State (I wasn't aware that there were that many Nat'l Guard there, much less how many fired their weapons).

      So, assuming (and this is a *huge* assumption, I admit, but I'm working with the statistics given) the entire U.S. military were tasked with invading U.S. cities and locking them down, say, under an act of martial law, and given "shoot on sight" orders for anybody who leaves their home during "unacceptable hours" (say, 7AM-7PM) -- given that the military has around 1m members, that's 333,333 soldiers willing to fire on Americans.

      333k soldiers -- almost the population of Wyoming (around 509k) -- vs. the nation, with probably the majority of the rest willing to engage in less-violent (but still-repressive) complementary actions, such as locking people in detention camps, some forms of torture, and so on. With each group distributed evenly across all states, that comes out to the following state-by-state distribution:

      .Alabama 5,126 killing 10,251 non-killing
      .Alaska 746 killing 1,493 non-killing
      .Arizona 6,679 killing 13,358 non-killing
      .Arkansas 3,125 killing 6,251 non-killing
      .California 40,633 killing 81,266 non-killing
      .Colorado 5,246 killing 10,493 non-killing
      .Connecticut 3,948 killing 7,895 non-killing
      .Delaware 949 killing 1,897 non-killing
      .District of Columbia killing 619 1,238 non-killing
      .Florida 20,006 killing 40,012 non-killing
      .Georgia 10,203 killing 20,405 non-killing
      .Hawaii 1,434 killing 2,868 non-killing
      .Idaho 1,607 killing 3,214 non-killing
      .Illinois 14,353 killing 28,707 non-killing
      .Indiana 7,053 killing 14,107 non-killing
      .Iowa 3,336 killing 6,672 non-killing
      .Kansas 3,087 killing 6,173 non-killing
      .Kentucky 4,693 killing 9,387 non-killing
      .Louisiana 5,087 killing 10,174 non-killing
      .Maine 1,486 killing 2,972 non-killing
      .Maryland 6,298 killing 12,596 non-killing
      .Massachusetts 7,196 killing 14,392 non-killing
      .Michigan 11,382 killing 22,763 non-killing
      .Minnesota 5,772 killing 11,544 non-killing
      .Mississippi 3,285 killing 6,570 non-killing
      .Missouri 6,523 killing 13,046 non-killing
      .Montana 1,052 killing 2,104 non-killing
      .Nebraska 1,978 killing 3,956 non-killing
      .Nevada 2,716 killing 5,431 non-killing
      .New Hampshire 1,473 killing 2,946 non-killing
      .New Jersey 9,804 killing 19,608 non-killing
      .New Mexico 2,169 killing 4,337 non-killing
      .New York 21,653 killing 43,306 non-killing
      .North Carolina 9,765 killing 19,530 non-killing
      .North Dakota 716 killing 1,432 non-killing
      .Ohio 12,892 killing 25,784 non-killing
      .Oklahoma 3,990 killing 7,980 non-killing
      .Oregon 4,095 killing 8,189 non-killing
      .Pennsylvania 13,978 killing 27,956 non-killing
      .Rhode Island 1,210 killing 2,420 non-killing
      .South Carolina 4,785 killing 9,570 non-killing
      .South Dakota 873 killing 1,745 non-killing
      .Tennessee 6,706 killin

    206. Re:From my cold dead hands by deesine · · Score: 1
      3. Too often. The only reason one would need a gun is if one is prepared to commit murder. Are you prepared?

      If by murder, you mean kill the intruder who meant me and my family harm, then absolutely.

      --
      damaged by dogma
    207. Re:From my cold dead hands by deesine · · Score: 1
      Look Coward, it's simple: you break into someone's home in the US, you have forfeited, in an indirect way, your right to life. The solution: don't break into people's homes. The populace and government in our country has determined that there is no legitimate reason to be breaking into someone else's home. Don't knock, don't ring, don't use the key, then don't bother breathing.

      Ya, it's kinda Wild West to you people from other countries, especially ones in Europe, who like to think that they are the pinnacle of human moral achievement. You see, we in this country demand that others respect our right to life. If you don't, then we don't respect yours. So, not only is it OK to kill somebody who is breaking into your home, even if they don't have a weapon, it's also OK in most states to kill somebody who is approaching you in a public place with a weapon, with the seeming intent to do you harm.

      I guess you don't consider anybody "bad". Perhaps you're young or extremely sheltered, I don't know. But here's the truth Ruth: bad people exist, the kind of people who will kill you in a second, without even giving you a moment to form an argument. That's reality. Hopefully you never have to meet one of them. If you do, I also hope you have the means to protect yourself.

      --
      damaged by dogma
    208. Re:From my cold dead hands by deesine · · Score: 1
      Because swimming pools and hammers have a legitimate purpose, wheras the primary use of guns is to kill people.

      Killing somebody who is trying to harm or kill you is legitimate. The tool that was designed for the job is also legitimate. You're trying to play word and category games.

      --
      damaged by dogma
    209. Re:From my cold dead hands by deesine · · Score: 1

      How many people need to be murdered with hammers before you outlaw them?

      --
      damaged by dogma
    210. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      In the 1940's the US dropped hundreds of thousands (perhaps millions?) of single shot pistols called Liberators over occupied Europe, primarily France. The intention of this weapon was not to go forth and slay the mighty armies of occupation it was to arm the local resistance fighter/civilian with a weapon that they could use to kill a single enemy soldier and take his much more powerful weapon. Therefore grandfathers .22 hunting rifle need not enable the average person to stand up and slug it out with the a full division of mechanized infantry it only has to allow a small group of citizens to dispose of a smaller group of soldiers/police/paramilitaries for the purpose of looting the bodies for more useful equipment. From there the ability to deal with tanks and automatic weapons will grow.

    211. Re:From my cold dead hands by 99BottlesOfBeerInMyF · · Score: 1

      Hammers and swimming pools aren't purchased with the intent to use them to injure people or animals.

      You can't pass laws based upon the presumed intent of the buyer or manufacturer of an item because that is not known. How do you know for what purpose I bought a hammer? Does it matter if I buy a hammer with the intent to kill someone? It is the murder that should be illegal, not buying whatever.

      If guns really protected people, then America would be safe, given the sheer number of them knocking about.

      Why? More people drown in California than in Utah. People in California are more likely to have lifejackets than people in Utah. Therefor (according to your logic) lifejackets don't protect people. Do you see the flaw in your logic?

      So if you're looking to solve a problem like violence, a reasonable person looks at what is different in countries that have lots of violence and countries that have little violence. You don't pick one arbitrary aspect of one country and then try to justify it as the problem without statistics comparing it to other situations with those same criteria. Guess what? Several countries have nearly the same gun ownership rate as the US, but vastly lower rates of crime. Guess what? Numerous countries have very restrictive firearm ownership rates an violent crime rates on par with the US. What does this suggest to someone objectively looking at data instead of trying to find support for an opinion they already made?

      If you want to stop violence look to decriminalizing recreational drugs. Look to providing socialized health care. Look to providing free drug rehab facilities and addiction management programs. Look to reducing wealth disparity. These are the factors that statistically correlate very strongly with violence. If, however, you're just interested in trying to construct illogical arguments to support a decision you made based upon emotion rather than reason, just continue as you have been.

    212. Re:From my cold dead hands by 99BottlesOfBeerInMyF · · Score: 1

      The problem is that, even if you can't contend with the military: Your kids can still hurt themselves, even if you think you locked stuff up enough.

      I see, so you believe I'm so incompetent I can't lock something up well enough that my kids won't accidentally kill themselves with it. You further believe that I can't properly teach my kids not to do something and have them understand and obey.

      You can still shoot your spouse after a domestic altercation

      Or I can punch her in the throat, stab her with a kitchen knife, shove her out a window, run her over with my car, incinerate her with my plasma experiment, drown her in the toilet, poison her drink with household cleaners, etc., etc.

      You can kill a person "in self-defence" and yet have it turn out that he was no harm at all, you just overreacted and now you're going away from a long time.

      You sir are prejudiced. You prejudge me and have decided I'm not competent to make decisions, so it is appropriate for the state to make decisions for me. You claim that since I'm so unstable, I'd better be physically restrained from operating a device lest I do so incorrectly.

      Well, I'm not prejudging you. Based upon your statements, you can die in a fire. You anti-freedom people who want everyone to be controlled by thousands of laws just in case they might make the wrong decision, make me sick. Grow up and take some personal responsibility. Let others do the same.

    213. Re:From my cold dead hands by deesine · · Score: 1

      Most of the people I know would consider shooting a home intruder the pinnacle of "practical". All the laws and functions of our government to protect citizens from their violent peers are, in a very real way, less-than-practical.

      --
      damaged by dogma
    214. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      We are in peaceful times?

    215. Re:From my cold dead hands by Anonymous Coward · · Score: 0

      Ok, so creativity isn't in short supply. Perhaps chemistry labs just need a "safe room" to conduct experiments in!

    216. Re:From my cold dead hands by Trogre · · Score: 1

      What about the intruder who meant to take your PS3 and sell it to the pawn shop down the road? Would you kill him too?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    217. Re:From my cold dead hands by m50d · · Score: 1

      You don't accept that there's a real distinction between something designed to kill people and something with another purpose that can also kill people?

      --
      I am trolling
    218. Re:From my cold dead hands by deesine · · Score: 1

      Biological gene filters, baby!

      --
      damaged by dogma
    219. Re:From my cold dead hands by deesine · · Score: 1

      If you don't accept the legitimate purpose of guns, then please explain to me how making such a distinction helps the regulation process.

      --
      damaged by dogma
    220. Re:From my cold dead hands by m50d · · Score: 1

      Because it means things without a legitimate purpose can be banned if they're a sufficient problem to others, while a legitimate purpose is a reason not to ban things.

      --
      I am trolling
    221. Re:From my cold dead hands by Viv · · Score: 1

      See, the military is already prepared for that answer. If you refuse a direct order in the field -- and make no mistake, when they come for you, it won't be in an office meeting -- you get shot on the spot. What is the likelihood of a significant portion of the military defecting after watching their friend get his head blown off by their commander, with the gun is now pointed directly at them? That is murder under the UCMJ.

      Punishments that do not require a court martial are generally limited to short term confinement (30 days or less), "restriction to limits" (60 days -- I think this means essentially means allowed to go only to certain places), loss of pay, punishment duty ("Clean those latrines, Private!") or rank adjustment. Reduced rations are also a possibility, but are generally limited to very short terms -- 3 days or so. See subchapter III for more information.

      All other punishments not prescribed under subchapter III require a court martial.
    222. Re:From my cold dead hands by deesine · · Score: 1

      Ah, just what I thought: you don't want to regulate guns because of their intended use/design, you want to ban/outlaw them. Thank goodness the Founding Fathers did not frame the 2nd Amendment in a legitimate/illegitimate way.

      --
      damaged by dogma
    223. Re:From my cold dead hands by Money+for+Nothin' · · Score: 1

      The internet shows us what mayhem is caused just by letting joe average own a PC without a proper firewall. And you want those same people to own rocket propelled grenades and heavy artillery.

      You are making a grossly-inaccurate analogy.

      One PC without a firewall can replicate a virus/worm to millions of other similarly-configured hosts, without further assistance from the originating host.

      But one individual with a helicopter cannot blow up a neighbor's house, then expect that that explosion will blow up other houses, without his further effort.

      Moreover, attacking a neighbor only ensures that several people (including law enforcement) become angry and retaliate in return. The same is generally not true online (though some IDS systems will perform reverse-DoS attacks to shut down offensive hosts within a particular network, e.g. a corporate network).

      The vectors of destruction you observe on the Internet do not work the same way in the real world.
  5. Army of One by Prototek · · Score: 1

    But I'm an army of one...

    1. Re:Army of One by jdunn14 · · Score: 1

      I always LOVED that slogan. "Hi! we're looking for psycopathic loners. Who wants to be trained to kill and dropped behind enemy lines? Raise your hands."

    2. Re:Army of One by scotch · · Score: 1

      "I am an Army of Two" - Sgt. Jeckel.

      --
      XML causes global warming.
  6. Founding Fathers thought differently by Average_Joe_Sixpack · · Score: 2, Informative

    Federalist 29

    "What plan for the regulation of the militia may be pursued by the national government is impossible to be foreseen...The project of disciplining all the militia of the United States is as futile as it would be injurious if it were capable of being carried into execution... Little more can reasonably be aimed at with the respect to the people at large than to have them properly armed and equipped ; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year." - Alexander Hamilton

    Federalist 46

    "Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments,to which the people are attached, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain, that with this aid alone they would not be able to shake off their yokes. But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it."-James Madison

    1. Re:Founding Fathers thought differently by Anonymous Coward · · Score: 0

      It's pretty obvious from the statement that it is an individual right. It says, "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." If it were only the militia, then it could have been shortened to something like "The right of the members of the well regulated Militia to keep and bear arms shall not be infringed, being necessary to the security of a free state." Maybe with more commas.

      Unless they are trying to expand Heinlein's argument from Starship Troopers (that only those who served in the military should have the right to vote; i.e. to be citizens) to mean that only those in the military are people, I think that this is just an exercise in tortuous logic or wishful thinking.

    2. Re:Founding Fathers thought differently by Anonymous Coward · · Score: 0

      in 'check and balance' context, an unarmed populace is absurd

    3. Re:Founding Fathers thought differently by jfengel · · Score: 2, Insightful

      The authors of the Federalist Papers were half of a debate that goes all the way back to the beginning of the country. The other half included people like Thomas Jefferson.

      The point is, the "Founding Fathers" thought differently from each other. Arguably, that's why the 2nd Amendment is so vague in the first place. (Mind you, "vague" in this place means "absolutely clear", except that there are two diametrically opposed sides who each feel that it absolutely and clearly supports their point of view.)

      So I appreciate the illustrative quotations, but this is a difficult debate that goes way back. You're not going to find an absolute answer in looking at the Founding Fathers.

    4. Re:Founding Fathers thought differently by stevesliva · · Score: 1
      It's pretty obvious from the statement that it is an individual right.
      It's only obvious if you can prove that the authors of the second amendment were ignorant of conjunctions. Otherwise it is just as plainly obvious that "the right of the people to keep and bear arms" was being specifically described as a synonym for "a well regulated militia." Given that the authors thought it pertinent to describe the right to bear arms as "a well regulated militia," it seems to be a stretch to argue that the right to bear arms entitles one to be unburdened with any regulation whatsoever.
      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    5. Re:Founding Fathers thought differently by ChronosWS · · Score: 1

      A plain reading of the 2nd Amendment indicates that the right to bear arms is a necessary condition for the existence of a well-regulated militia, and the militia is a requirement for the security of a free state. It does not, in a plain reading, indicate the opposite; that is, that a well regulated militia is a necessary condition for the right to bear arms. As all of the rights in the Constitution are individual rights, it thus follows that this one is as well. I've always found it a bit curious the linguistic and semantic hoops people are willing to through to to make the Constitution sound like something it is not. Why would this one right be suddenly so contentious while the others are so plainly clear and consistently upheld as such?

      The DOJ paper, whether you believe the authors were partisan or not, covers extensively the historical, linguistic and semantic context for the Constitution and the 2nd Amendment specifically and can be reasonably considered to be more well researched than the arguments most on Slashdot will present. Arguing, as some have, that it is a work done by people with a specific agenda is an ad-hominim attack and is not valid - it doesn't matter who made the argument, it's the facts of the argument which are at issue.

      Finally an appeal to common sense. Does it even seem reasonable that the Founding Fathers would have gone to all of the trouble to set up a Constitution specifically designed to keep government powers in check, and then reserve all combat power only for organizations under government direction?

    6. Re:Founding Fathers thought differently by Guppy06 · · Score: 1

      "The project of disciplining all the militia of the United States is as futile as it would be injurious if it were capable of being carried into execution"

      Written by a man who did not forsee the passage of the Militia Act of 1903. It's very easy to "discipline the militia" if you require them to also join what is effectively the Army Reserve.

      Of course, you don't have to dually enlist, but you don't get any federal money that way, and state governments today exist for little more than begging for federal money. Many of those pro-gun red states don't have any sort of state militia outside of the National Guard.

      "Little more can reasonably be aimed at with the respect to the people at large than to have them properly armed and equipped "

      Which we don't do. All we have today is "You can buy a gun if you want." What Hamilton was obviously alluding to here is the example from then-recent English and American history that today is thought of as a Swiss model: now allowing but requiring people to own weapons. The policies he's thinking of here are all but outright conscription.

      "and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year."

      Hamilton wasn't a fool, nor were many people present at the Convention. They had seen the recent examples given to them by the Revolution. Even in the Eighteenth Century, militia units could not stand up to line regulars!. If there were any expectation for the militia to be on the same level as (say) redcoats, Hamilton would instead be talking about assembling "once or twice in the course of a month," at the very least. The militia envisioned here was less about outright war fighting and more about law enforcement, putting down riots and the like; it existed to serve, defend and uphold the state, not as a potential avenue of overthrowing it.

      "Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments,to which the people are attached, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. "

      No modern American could truly be described as being attached to their state government. More often than not, they hold the federal government in higher esteem, and will first turn towards a potential federal solution to a problem and completely ignore the possibility of state legislation whenever given the chance. Today we see people in state government aspiring to be elected to federal office, not the other way around.

      The American people will bend over backwards to pay taxes to fund the federal military, but half the states in the Union can't be bothered to assemble a self defense force, even one that is completely voluntary and self-armed, let alone one that might approach the Japanese Self Defense Force (which by all rights every state has the constitutional right to emulate).

      "But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it."

      Having such rights in the hands of the state governments doesn't mean they'd actually exercise it. That would require showing responsibility, and accepting any potential blame. State legislators are all too willing to let the federal government pay for everything, and will bend over backwards to meet stipulations to that money, rather than go to the polls next election as the guy who raised taxes.

      At any rate, as others more eloquent than

    7. Re:Founding Fathers thought differently by stevesliva · · Score: 1

      It was clearly within their linguistic capabilities to write "Congress shall make no law respecting the the right to bear arms."

      The original poster argued that it was obviously an individual right by the grammar. It is not. You argue that it is clearly an individual right based on its context within the Bill of Rights. That doesn't fly either. An equally contextual argument is that it is mixed with some language about a well-regulated militia, so to argue that the federal and state governments have no powers to regulate individual weapon ownership seems facile. Clearly there was some intention here to invest the right to bear arms to a power other than the federal government, but it is not clearly every individual man and woman.

      My point is that it is not obvious either way from the document. Precedent, however, is strongly on the individual's side. I don't really think that rifle owners have too much to worry about, but to argue that the uninfringed ownership of handguns was the intent of the framers? That isn't what they wrote at all.

      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    8. Re:Founding Fathers thought differently by geekoid · · Score: 1

      But you can look at one fact:
      They put it into the constitution.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:Founding Fathers thought differently by bogjobber · · Score: 1

      True, but when the Constitution says it explicitly, the Federalist Papers directly line up with the argument that you are making, you have hundreds of years of judicial precedents, and a huge percentage of the population agrees with that interpretation it is going to be pretty damn hard to change. (IANAL)

    10. Re:Founding Fathers thought differently by Dun+Malg · · Score: 1

      The authors of the Federalist Papers were half of a debate that goes all the way back to the beginning of the country. The other half included people like Thomas Jefferson.

      The point is, the "Founding Fathers" thought differently from each other. Arguably, that's why the 2nd Amendment is so vague in the first place. (Mind you, "vague" in this place means "absolutely clear", except that there are two diametrically opposed sides who each feel that it absolutely and clearly supports their point of view.)

      So I appreciate the illustrative quotations, but this is a difficult debate that goes way back. You're not going to find an absolute answer in looking at the Founding Fathers. You're not seriously suggesting that there actually was a debate back then about whether the people should keep and bear arms, are you? There wasn't any debate at all on that issue. They had just won a difficult war of independence that was only possible because the people were armed. Whether or not that would continue was considered a foregone conclusion. The debate around which the Federalist Papers were written was whether or not we should have a federal government or not. There simply was no "anti-gun" position back then except from tyrants who would prefer their subjects disarmed and docile.

      Furthermore, the 2nd Amendment is only "vague" to those who do not know its history; and though there are some that claim it clearly outlines only a collective right are absolutely wrong--- they are ignorant of its history as well, choosing instead to interpret it according to their personal biases, instead of its actual content and the explanations of its writers of how they decided upon that content. The 2nd covers two subjects: the right of the states to have their own militias, and the right of the people to keep and bear arms. This is documented quite clearly in historical texts. Anyone claiming the "well regulated militia" clause has or was intended to have any bearing on the right of the individual to bear arms, is willfully ignoring the known facts of the constitutional debate 220 years ago.
      --
      If a job's not worth doing, it's not worth doing right.
    11. Re:Founding Fathers thought differently by jfengel · · Score: 1

      That's precisely what I'm suggesting, and I'm willing to back it up with research by scholars.

    12. Re:Founding Fathers thought differently by ChronosWS · · Score: 1

      You've made two counter assertions vis-a-vis grammar and context with no reasoning behind them. In dealing with suggestion that there was some intention to invest the right in some other power, we are left hanging as to what that power might be. This is again inconsistent with the remainder of the Constitution, where powers are a) enumerated and b) the receiver of the power is clearly denoted.

      My argument about what kind of right it is derives additionally from what is NOT said. It is not stated to be within the power of Congress to regulate the ownership of firearms, nor of the States. Neither is it stated in that amendment that people shall be required to bear arms, nor that the bearing of arms is only for the purpose of supporting the militia. It *is* stated in Article I Section 8 that the Congress shall regulate the militia, and some detail is in fact given to the particulars of this. It does not seem reasonable that this power would be reinforced in the Bill of Rights as opposed to in Article I Section 8.

      I am led to this conclusion by two principles of the Constitution: The government is granted ONLY the powers expressly listed, not through omission of a denial. This is evident throughout the Constitution, with the courts being left to determine what is meant by the granting of a particular power. Certainly the 2nd Amendment grants no power to Congress or any other body the right to regulate the ownership of arms.

      Secondly, the Bill of Rights appears to have been designed specifically to speak of individual rights, particular rights so important that they should be mentioned directly lest we become intellectually lazy and begin to think the powers granted by the Constitution are broader than were intended. The wisdom of this is clearly evident today where government is constantly pushing the boundaries of the 1st and 4th amendments - I suspect that without this enumeration we would have signed away these rights (which we would still have even if NOT listed) long ago. A reading of the Bill of Rights in fact shows that there are no communal rights listed at all. One could of course argue that the 2nd amendment is somehow special, but sufficient reason would have to be given to believe that it should be interpreted differently from the other rights listed.

  7. Oh, this should be cute. by cprael · · Score: 4, Informative

    Even accepting their argument that the 2nd amendment applies only to militias, federal law is pretty black-letter on the matter: the unorganized militia is clearly defined in federal law, and includes pretty much the entire populace.

    That being said, the 2nd amendment is the _only_ place in the Bill of Rights where "the people" are defined as a collective body, rather than individuals. And even then, only in the 9th Circuit's realm.

    1. Re:Oh, this should be cute. by DragonWriter · · Score: 2, Informative

      That being said, the 2nd amendment is the _only_ place in the Bill of Rights where "the people" are defined as a collective body, rather than individuals. And even then, only in the 9th Circuit's realm.

      Er, no. As noted in U.S. v. Spruill, 61 F.Supp.2d 587 (W.D.Tx. 1999) [emphasis added]:

      Five Circuit Courts of Appeal have determined that the Second Amendment protects only a collective right. See, e.g., Gillespie v. City of Indianapolis, 185 F.3d 693, 709) (7th Cir. 1999) (finding 922(g)(9) does not violate 2nd Amendment); Hickman v. Block, 81 F.3d 98, 100-01 (9th Cir. 1996) (finding plaintiff lacked standing under 2nd Amendment, to sue for denial of permit to carry weapon); Love v. Pepersack, 47 F.3d 120, 124 (4th Cir. 1995) (denying section 1983 claim based on 2nd Amendment because plaintiff tailed to demonstrate that her application to purchase a firearm was related to the preservation of a militia), United States v. Warin, 530 F.2d 103, 106-7 (6th Cir. 1976) (admitting Miller, infra, did not reach the issue but finding it "inconceivable" that 2nd Amendment, conferred individual right); Cases v. United States, 131 F.2d 916, 920-23 (1st Cir. 1942) (finding Miller, infra, could not have meant that an individual could possess a firearm if it had a military purpose, and upholding felon in possession conviction).

    2. Re:Oh, this should be cute. by cprael · · Score: 2, Interesting

      My mistake. Nonetheless, I personally find it a specious argument that "the people" in 1 and 3-10 are individuals, yet are a collective body in 2.

  8. Obligatory Family Guy quote by malsdavis · · Score: 1

    People always get it wrong when it comes to the 2nd Amendment:

    http://thatvideosite.com/view/1835.html

  9. I've allways wondered about this ... by kryten_nl · · Score: 5, Interesting

    ... do you guys (/girls) have the right to walk around town with a japanese sword hanging on your belt?

    --
    For the perfect anti-Unix, write an OS that thinks it knows what you're doing better than you do and let it be wrong.
    1. Re:I've allways wondered about this ... by Anonymous Coward · · Score: 1, Informative

      Unfortunately, no. Anyone can own one, but displaying it in public is considered by authority figures to be a threatening display of force.

    2. Re:I've allways wondered about this ... by Cheapy · · Score: 1

      I've seen it before.

      --
      Would you kindly mod me +1 insightful?
    3. Re:I've allways wondered about this ... by Anonymous Coward · · Score: 0

      In some US states you can, with a concealed carry permit you can even try to hide it under your trench coat :-)

    4. Re:I've allways wondered about this ... by Anonymous Coward · · Score: 1, Interesting

      A friend worked with police dispatch. She claims (that's the weak point in my argument, this is second hand) they got several calls a day about people walking around downtown (at night) with guns. Its perfectly legal, but it gets called in. You just can't have a concealed weapon, nor be flashing it around wildly. Now, since a Katana isn't a firearm, it's probably more regulated, but I don't know.

      That said, not second hand:

      I remember seeing someone walking through *campus* with a rifle on their shoulder, coming back from the target range (and it was a she, actually).

      I've also seen guys with guns in their back pocket, visibly displayed, in the grocery store. Once again, they weren't concealed. /Whacky Oregonians

    5. Re:I've allways wondered about this ... by The+MAZZTer · · Score: 1

      You can probably get away with it during Halloween...

    6. Re:I've allways wondered about this ... by MasterShake · · Score: 2, Informative

      This varies in the states. In most of the country, if you have the right to own a weapon (IE not a convicted felon) you have the right to carry that weapon with a couple exceptions: Establishments that serve alcohol, courthouses, primary/secondary schools, establishments where the owner does not want you carrying a a weapon, etc.

      While you have the right to carry a weapon, in most places the modern general consensus is you do not have the right to conceal that fact that you have a weapon (although many states are implementing concealed carry permits where you are allowed provided you pass a background check and get training).

      The laws in most localities specify a maximum length before a pocket-knife becomes a weapon, often about 3in. If you have a blade that excedes that length, you are not allowed to conceal it while carrying it. A katana, being essentially a really long knife in the law's eyes, can be carried, but not hidden. Again, there will be some variation by specific local, but in general there is nothing wrong with carrying a katana , or broad sword, or rapier, just don't conceal it.

    7. Re:I've allways wondered about this ... by Zelucifer · · Score: 1

      Disagree. You're allowed to carry it as long as it isn't concealed. If it's strapped on your back you might get some weird looks, but as long as it's within a sheath, you're in the clear. The only thing anyone wearing a sword would have to be concerned about is an overzealous cop/security guard. Now if you were to draw the sword... that's another story altogether

      --
      The corner of a round room
    8. Re:I've allways wondered about this ... by erlenic · · Score: 1

      It depends on where you are. In Kentucky, the only law that forbids openly carrying a weapon is the law that forbids possession on the property of a private or public, primary or secondary education facility. The same law also explicitly states that colleges and the like don't count. I may get in trouble with my university for it, but I cannot be arrested for wearing a sword to class.

      That said, I'd be surprised if someone did that in an urban area here and didn't get questioned by police. Fortunately, in the end the police wouldn't be able to actually arrest them for it.

    9. Re:I've allways wondered about this ... by PortHaven · · Score: 1

      We should....

      In truth, we technically don't even have the right to carry home that kitchen knife we bought at Target.

      I've been quite interested in a march for the right to bear arms with on Washington D.C. with all the marchers wielding swords. It'd be kind of interesting, and one of the rare bi-partisan marches. We'd have a bunch of bowie knife toting redneck conservatives marching with a bunch of sword wielding renaissance fair liberals.

      What a beautiful thing it'd be...

    10. Re:I've allways wondered about this ... by EaglemanBSA · · Score: 1

      Heh, unless you're at Ohio University...fake weapons are a quick ticket to the Nelsonville drunk tank with the other 500 arrests :)

      --
      Quiz: True or False -- On a scale of 1 to 10, what is your middle name?
    11. Re:I've allways wondered about this ... by WrongMonkey · · Score: 1

      Like other have said, there is no law against it in most places, but you would probably be harassed be law enforcement or arrested for "brandishing a weapon". Not that you would be convicted, but they have ways to make things hard for you. There are so many laws that if the police don't like you, they can almost always find something to arrest you for.

    12. Re:I've allways wondered about this ... by billster0808 · · Score: 1

      As long as you're not displaying it it a threating way (pointing it at someone), or have it concealed without a permit, then yes.

    13. Re:I've allways wondered about this ... by AK+Marc · · Score: 1

      My understanding is that walking around with a kitchen knife or a table leg with athletic tape on it for a grip is illegal in TX, but a rifle on your back in plain sight is legal. For some reason the "arms" people when passing laws only cared when it was firearms being addressed, not any other types of arms.

    14. Re:I've allways wondered about this ... by g1zmo · · Score: 1

      This varies state-by-state. In my home state of Texas you are not allowed to carry a handgun in the open, but if you have your concealed handgun license (as I do) then you may carry one but it must not be visible through normal observation. You are technically allowed to have rifles and shotguns in the open, but I guarantee if a cop saw you walking down the street of a city with a shotgun or rifle, he'd ticket/arrest you for something. Inciting public unrest, or something like that.

      --
      I have found there are just two ways to go.
      It all comes down to livin' fast or dyin' slow.
      -REK, Jr.
    15. Re:I've allways wondered about this ... by Anonymous Coward · · Score: 0

      I remember seeing someone walking through *campus* with a rifle on their shoulder Funny story from the local Uni:

      A few years ago, a handful of ROTC cadets were on their way back to thier dorms from drills, in uniform, carrying their (unloaded) rifles over their shoulders. Somebody called them into the campus police as "an armed gang on the street." A dozen squad cars showed up out of nowhere, along with them a large number cops, with weapons drawn.

      Of course, things were straightened out quickly, but it was an interesting scene.

    16. Re:I've allways wondered about this ... by Samuel+Dravis · · Score: 1
      Yeah. Here's the relevant bit of law (from Sec. 46.01. DEFINITIONS of the Texas Penal Code), :

      ~ ~ (6) "Illegal knife" means a:
      ~ ~ ~ (A) knife with a blade over five and one-half inches;
      ~ ~ ~ (B) hand instrument designed to cut or stab another by being thrown;
      ~ ~ ~ (C) dagger, including but not limited to a dirk, stilletto, and poniard;
      ~ ~ ~ (D) bowie knife;
      ~ ~ ~ (E) sword; or
      ~ ~ ~ (F) spear.
      ~ ~ (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

      ~ ~ (11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:
      ~ ~ ~ (A) opens automatically by pressure applied to a button or other device located on the handle; or
      ~ ~ ~ (B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

      Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. ~ (b) It is a defense to prosecution under this section that the actor was, at the time of the commission of the offense:
      ~ ~ (1) in the actual discharge of his official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
      ~ ~ (2) on his own premises or premises under his control unless he is an employee or agent of the owner of the premises and his primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event he must comply with Subdivision (5);
      ~ ~ (3) traveling;
      ~ ~ (4) engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or was directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;
      ~ ~ (5) a person who holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if:
      ~ ~ ~ (A) he is engaged in the performance of his duties as a security officer or traveling to and from his place of assignment;
      ~ ~ ~ (B) he is wearing a distinctive uniform; and
      ~ ~ ~ (C) the weapon is in plain view;


      So you generally can't carry a sword around except at your house. Too bad.

    17. Re:I've allways wondered about this ... by pecosdave · · Score: 1

      I wanna go!

      I'm a libertarian, raised as a redneck, Renfest dork by choice, owner of swords and guns, defender of our right to not only keep, but to bare arms. I'm in both crowds (as much as they'll accept me)

      --
      The preceding post was not a Slashvertisement.
    18. Re:I've allways wondered about this ... by NormalVisual · · Score: 1

      do you guys (/girls) have the right to walk around town with a japanese sword hanging on your belt?

      No, but that didn't preclude a mentally ill man from beheading his wife with one then chasing his son outside into the neighborhood and hacking him to death near where I live a few months ago. It really would have been nice for the kid if someone in the neighborhood had been socially responsible and put a bullet into the dad while there was still time.

      The real kicker was that it was the kid's birthday. Happy birthday kid, here's a coffin for your present.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    19. Re:I've allways wondered about this ... by NormalVisual · · Score: 1

      Actually, I was wrong - where I live there is a prohibition on open carry of firearms and electric weapons (Tasers, etc.), but those two are the only items explicitly mentioned.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    20. Re:I've allways wondered about this ... by b0s0z0ku · · Score: 1
      "brandishing a weapon".

      If it stays in the scabbard unless good reason to draw it is given (threat to life) I doubt the cops and DA would have a legal leg to stand on.

      -b.

    21. Re:I've allways wondered about this ... by WrongMonkey · · Score: 1

      That's why I said you wouldn't be convicted. Here's how it would play out:
      Officer:"Sir, why are you carrying a weapon?"
      You:"No reason, just felt like it."
      Officer:"Sir, if you don't take that off and put it away I will arrest you for brandishing/disturbing the peace/public nuisance"
      Then you would comply or you would spend a night in jail. The DA would drop the case the next day and you'd have an arrest on your record. You'd never get a chance to argue the finer points of the 2nd amendment in front of a judge.
      Note, all of this changes if you can provide a reasonable excuse, like, "I'm going to that SCA event in the park over there."

    22. Re:I've allways wondered about this ... by Anonymous Coward · · Score: 0

      Yes, we have the right, but it isn't recognized in a lot of places.

    23. Re:I've allways wondered about this ... by RESPAWN · · Score: 1

      I lived in the Atlanta area for a little over a year. Not long after I moved there, I began talking guns with somebody at work, as I was looking for a range where I could fire my own handgun. Anyway, he directed me to an interesting fact: In the city of Kennesaw, GA it is mandatory for all households (with obvious exceptions) to maintain a loaded firearm. Link: http://www.rense.com/general9/gunlaw.htm. I'm not sure how this law would apply to displaying a firearm in public in Kennesaw, but I get the feeling that it's probably no big deal there.

      Anecdote number two: I graduated from high school in 1999 (think Columbine). I can remember several instances during deer season where kids would come to school straight from hunting before school with their four wheelers in the bed of their truck and their .30-06 in the gun rack. Administration generally looked the other way until Columbine. (Interestingly enough, there didn't seem to be much crackdown after the 1998 middle school shooting in Jonnesboro, AR which is only about 2.5 hours north of us, but there was a severe crack down the next school year after the Columbine shootings, which occured one year and one month later.)

      Point number three: In my life, I can recall exactly one time that I was actually comforted by the fact that I own a firearm. I lived in the New Orleans area (Metairie) at the time Katrina hit. I re-entered the area not long after the storm to obtain more clothing, medecine, and other items I would need for my long term stay away from home. I saw a lot of police presence and Guard presence on the major roadways, but once I got back in to the neighborhoods, I saw very little in the way of police/military protection. When I made it in to my apartment, the first thing I did was check my weapon and make it ready. Knowing what everybody knows about the state of the city immediately after the hurricane, every trip I made out to my vehicle I made with my handgun in plain sight, on my hip in its holster. On one of the trips, I shut my trunk and turned around to see a young man dressed in long jean shorts and a tank top round a corner with some sort of thick club-like stick resting upon his right shoulder. I didn't recognize the guy as living in the complex and something about his mannerisms seemed to imply that he didn't rightly belong within the confines of our gated complex. In any respect, he was about 15 yards away. I looked at him. He looked at me. I saw him look at the gun on my hip and I saw him turn and walk away, though a gap in the fence that had been created by storm damage, further reinforcing my assumption that he didn't live in our complex.

      Now, I've never really decided one way or the other on the issue of a firearm for home defense. I tend to think that in a sudden wakeful state where one's mind may not be running at full decision-making capacity, a firearm is not a good thing to be weilding. Mine usually stays on my closet shelf, magazine loaded but without a round chambered. That said, I was very glad on that day that I had my gun on my hip. Who knows what may have happened otherwise? Probably nothing. The guy was probably just as nervous as I was in that situation and he probably only stopped to look at me becuase he was surprised to see somebody else there as well. Either way, I'm glad that I never found out what might have happened. I just know that at that moment in time, I had never felt more comforted by the presense of a firearm.

      Anyway, suffice it to say that I believe in the 2nd ammendment strongly and feel that without it, one cannot truly be free from a tyrannical government.

      --

      If Murphy's Law can go wrong, it will.

    24. Re:I've allways wondered about this ... by RESPAWN · · Score: 1

      I've been quite interested in a march for the right to bear arms with on Washington D.C. with all the marchers wielding swords. And just how are you supposed to get these swords to DC (without driving)? I'm sure TSA would have something to say about that. Seriously. I'm genuinely curious.
      --

      If Murphy's Law can go wrong, it will.

    25. Re:I've allways wondered about this ... by Anonymous Coward · · Score: 0

      Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

      (b) It is a defense to prosecution under this section that the actor was, at the time of the commission of the offense:
      (1) in the actual discharge of his official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
      (2) on his own premises or premises under his control unless he is an employee or agent of the owner of the premises and his primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event he must comply with Subdivision (5);
      (3) traveling;
      (4) engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or was directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;
      (5) a person who holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if:
      (A) he is engaged in the performance of his duties as a security officer or traveling to and from his place of assignment;
      (B) he is wearing a distinctive uniform; and
      (C) the weapon is in plain view;
      (6) [added 9/1/95] carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

      So if you are carrying a concealed handgun and have a license for it, you can wear a sword?

    26. Re:I've allways wondered about this ... by sxtxixtxcxh · · Score: 0

      you check them in, just like you do w/firearms.

      --
      for a minute there, i lost myself...
    27. Re:I've allways wondered about this ... by 99BottlesOfBeerInMyF · · Score: 1

      You can probably get away with it during Halloween...

      Actually, last halloween I needed a quick costume so an asian hat, kimono, and katana made for a quick one. I ended up downtown going to a showing of the "Rocky Horror Picture Show" where they were searching everyone on the way in. I was trashed but figured I wait and see If I had to go ditch the sword at my truck. They frisked me for rice, squirt guns, etc. but made no comment about the sword. It is a strange world sometimes.

    28. Re:I've allways wondered about this ... by Lost+Race · · Score: 1

      Amazing.... Dozens of responses to the question, and only one even comes close to answering it.

      According to the American political philosophy, which inspired the Declaration of Independence and Constitution: Yes, we have that right, and so do you and everyone else in the world, and governments that abridge that right are illegitimate.

      Whether you can get away with carrying a sword in America or anywhere else is a different question, which was answered over and over again above.

  10. The Second Amendment by OmgTEHMATRICKS · · Score: 2, Informative

    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.

    1. Re:The Second Amendment by Anonymous Coward · · Score: 0

      That next-to-last bit of the sentence is a supplementary definition of the preceding declaration, which specifies that the right is granted to an organized militia, so the primary subject is what's being made to not be infringed.

    2. Re:The Second Amendment by OmgTEHMATRICKS · · Score: 1

      Hm. To me, it seems that they're saying that "the security of a Free State" is the people's right to keep and bear arms. This militia of the People keeping and bearing those arms to keep our freedoms safe is necessary in order to keep that freedom going, and that militia shall not be infringed.

    3. Re:The Second Amendment by psykocrime · · Score: 1

      No, you have it completely backwards. The first two clauses are simply explanatory and could be deleted without changing the meaning of the amendment. It can be just read as "the right of the people to keep and bear arms, shall not be infringed."

      --
      // TODO: Insert Cool Sig
    4. Re:The Second Amendment by slim-t · · Score: 1
      If you ignore the first part of the sentence you get: "The right of the people to keep and bear Arms, shall not be infringed."

      But why would they add the first part of the sentence if they didn't mean anything by it?

      To paraphrase the whole thing: The right of the people to keep and bear arms in the context of a well regulated Militia, as long as it's necessary to the security of a free State, shall not be infringed.

      So if you are a member of a well regulated militia who's goal is to maintain the security of a free state (armed forces, law enforcement), and your particular militia grants you a weapon, then the 2nd amendment gives you the right to keep and bear it.

      Not that I want all the guns taken away from citizens in the US, I just don't think the 2nd amendment gives means anything anymore. I live in northern Minnesota, and almost everybody hunts and there are a lot of guns around. A lot of people would be mad if they couldn't have their rifles and shotguns. Most of us would be happy if the handguns were taken away. The most stupid death we've had in this town was a girl who was taking a picture looking down the barrel of a pistol. For some reason he pulled the trigger, he claims he didn't know it was loaded.

    5. Re:The Second Amendment by Dun+Malg · · Score: 1

      If you ignore the first part of the sentence you get: "The right of the people to keep and bear Arms, shall not be infringed." But why would they add the first part of the sentence if they didn't mean anything by it? The 2nd Amendment actually addresses two issues that were hotly debated at the time of the writing of the Bill of Rights. Some delegates were primarily concerned that the federal government would usurp the states' authority to organize state militias. Others were more concerned with the specific individual right to keep and bear arms. In an effort to keep the Bill of Rights as short as possible, they grouped as much stuff together as they could--- witness the 1st, which covers the press, speech, and religion. The first part of the 2nd is simply an acknowledgment that states retain the right to form militias.
      --
      If a job's not worth doing, it's not worth doing right.
    6. Re:The Second Amendment by Anonymous Coward · · Score: 0

      One way to look at the issue is to examine the events in Iraq, Afghanistan,
      and the Middle East in general. The single factor that has kept the US
      and allied Western governments from easily imposing their will on these nations
      is the presence of well armed local militias. We may describe such militias as
      being terrorist organizations but the fact cannot be denied that these local
      groups are fighting for what they believe is right and proper against
      a foreign enemy. Without the free flow of arms those regions would have
      been subjugated long ago.

      I neither defend nor condemn these combatants; I merely indicate that the power
      to bear arms can indeed make a crucial difference in the destiny of a state.

    7. Re:The Second Amendment by jez9999 · · Score: 1

      To paraphrase the whole thing: The right of the people to keep and bear arms in the context of a well regulated Militia, as long as it's necessary to the security of a free State, shall not be infringed.

      It's more like, "We made a mistake here and didn't proofread, leading to a highly ambiguous amendment". Unfortunately. The sentence just doesn't parse, and could mean either of these possibilities. In addition, 'arms' isn't a very well-defined word and could mean anything from limbs to a nuclear bomb. In short, the amendment is weak because it's pretty damn ambiguous. Apparently the writers of the constitution weren't lawyers, but it's a shame they didn't write this amendment more clearly.

      Flamebait NOT intended.

    8. Re:The Second Amendment by Scrameustache · · Score: 1

      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 British are coming?
      --

      You can't take the sky from me...

    9. Re:The Second Amendment by d_54321 · · Score: 1

      Yeah you might wanna re-read that first half again:

      "A well regulated Militia, being necessary to the security of a free State,"

      In other words:

      Seeing as how a well regulated militia (which can be used to oppress the citizens any time a dictator feels like it) is necessary to the security of a free State, ...

  11. whats wrong with shirt sleaves... by Anonymous Coward · · Score: 0

    if people want to bae their arms let them!

  12. VMI by wile_e_wonka · · Score: 1

    Well then, I'm glad I live next to VMI, which happens to be more than just a school--it's also a "well regulated militia."

  13. Thank God for that by Toby+The+Economist · · Score: 0, Redundant

    The mass ownership of guns is one of the leading causes of terror and misery in our society.

    It's a sign of how backwards we are in non-technological matters that our society considers it right and proper for everyone to be able to carry a device designed to kill other people.

    The only society which would need such a right would be one which has already armed all its people, so that it becomes necessary to possess a killing device merely to deter those who would mis-used their killing device.

    And how fucked up is that?

    1. Re:Thank God for that by future+assassin · · Score: 1

      >It's a sign of how backwards we are in non-technological matters that our society considers it right and proper for everyone to be able to carry a device designed to kill other people.

      WTF are you talking about? One day guns are banned. Wow I get into my car and run over the person I dont like. Better yet I stab them. Even better yet, I wii chuck them to death.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    2. Re:Thank God for that by OmgTEHMATRICKS · · Score: 1

      What's wrong with everyone having the right to equally defend themselves from criminals and others who wish to do them harm?

    3. Re:Thank God for that by Reality+Master+101 · · Score: 3, Insightful

      It's a sign of how backwards we are in non-technological matters that our society considers it right and proper for everyone to be able to carry a device designed to kill other people.

      Close, but not quite. Our society considers it right and proper for everyone to carry a device designed to defend against other people killing us.

      --
      Sometimes it's best to just let stupid people be stupid.
    4. Re:Thank God for that by bongey · · Score: 0, Troll

      Anything can be used to kill people, guns don't kill people, people kill people. Ok you want the government to have all the power, so they will never do anything wrong... Ah Tiananmen Square, governments in action with the people having no way to protect themselves. The founding fathers put it in there for a reason... God dammit they were a hell of a lot smarter than you , so just shut up!

    5. Re:Thank God for that by Anonymous Coward · · Score: 0

      And if they re-interpret the second amendment, the criminals will happily turn in their firearms, right? Guns are used as many (or more) than 2.5 million times per year for defensive reasons. It people like you that would take guns away from law abiding citizens that will cause terror and misery in our society by making them easy prey. How about actually trying to educate yourself on the subject?

    6. Re:Thank God for that by Spetiam · · Score: 1

      It says something of the grandparent's personal character that when he sees a gun he thinks, "that's for killing" as opposed to "that's for safeguarding."

    7. Re:Thank God for that by DustoneGT · · Score: 1

      Yeah, you're right. In fact Hitler, Stalin, Mussolini, and other dictators of history agree. What's going on in Iraq right now proves that a few yuppies with guns can keep an unwanted government out of control. If our government was to become tyrannical, it would be our only recourse.

    8. Re:Thank God for that by Anonymous Coward · · Score: 0

      What is fucked up is, in a disarmed society, expecting a frail 85 year old man to be able to defend himself against a 250 lb, 30 year old male criminal. The criminal will simply beat him to death and take is possessions undeterred and unopposed.

      Introduce a gun into the hand of the 85 year old man, and things change. Its like Sam Colt inscribed on his 45's - "Fear no man, no matter his size. Just call on me, I'll equalize."

    9. Re:Thank God for that by nanolith · · Score: 1

      Riiight. Because the criminals who already have guns illegally would give these up as soon such a ban was passed?

      We live in a dangerous world. It is the right of the people to arm themselves. We cannot expect the government to always be able to protect us from people who wish to do us harm. Such thinking is naieve.

      Originally, the reason why this amendment was added to the Constitution was so the people could protect themselves from a corrupt government.

    10. Re:Thank God for that by chill · · Score: 1

      The Second Amendment has nothing to do with protecting yourself from criminals or with hunting and everything to do with keeping your government in check.

      --
      Learning HOW to think is more important than learning WHAT to think.
    11. Re:Thank God for that by Entropy · · Score: 1
      The mass ownership of guns is one of the leading causes of terror and misery in our society.
      Hardly. There are far more uses of guns for self defense than ALL gun related deaths combined. Thats roughly 40,000 per year for gun related deaths and over a million DGUs annually in the US, stopping violent crime. The vast majority of DGUs aren't even a "shots fired" situation - the (would be)criminal sees that the victim is armed, and decides on a life preserving course of action. Guns in the hands of would be victims are the fastest criminal-mind changers around.
      It's a sign of how backwards we are in non-technological matters that our society considers it right and proper for everyone to be able to carry a device designed to kill other people.
      Unfortuneately, you're wrong. Our society doesn't do that .. not the way you portray. I only WISH that we had a stronger societal tradition of carrying for self defense. Anyhow, yes, guns are "designed to kill" - and they're very well designed for this purpose. So well designed in fact, a lone old lady properly trained can fend off a large number of young male hoodlums. I'd say that is "right and proper".
      The only society which would need such a right would be one which has already armed all its people, so that it becomes necessary to possess a killing device merely to deter those who would mis-used their killing device.
      Not at all true. If we did not have "the great equalizer" we would still have violence - in fact, I'd wager way MORE of it - as there would be no balancing to the aforementioned scenario (a group of young men preying on the otherwise defenseless.)
      And how fucked up is that?
      Whats fucked up is the attitude of blaming an INANIMATE OBJECT for moral considerations. The guns do not load themselves, aim themselves, and pull their own triggers. The guns do not choose anything, or act of any volition whatsoever. It is human beings who use them - and guns are only tools. The morality is entirely due to the human action. More to the point - what would you do - outlaw guns excepting the police and military? Would you really and truly trust the government with a monopoly on guns? And please remember, Bush is in office right now .. be careful what you wish for.
      --
      The sea changes color, but the sea does not change.
    12. Re:Thank God for that by Toby+The+Economist · · Score: 1

      It's a bit like having a calculator or a sheet of paper and a pen.

      It's much easier to do math - and so you're more likely to do it - when you have a calculator in your hand.

      If, on the other hand, you have to dig out the paper, the pen, and engage brain, you're less likely to do it.

      So, we have a situation now where many people - especially in violent inner city areas - have in their hands a device which with the pull of a trigger can immediately kill at ranges from point blank to a few hundred meters.

      Compare this to a situation where people don't have such a device - but have much less efficient devices, like cars (bulky, hard to maneover), knives (not much of a ranged attack, much less lethal, very messy) and Wii controllers (weak straps, could fail in use).

    13. Re:Thank God for that by YrWrstNtmr · · Score: 0, Flamebait

      The mass ownership of guns is one of the leading causes of terror and misery in our society.

      Really? How?
      I am a responsible adult. How does my owning a firearm threaten you in any way? I am not likely to shoot you, on purpose or by accident. The only possible way you might be shot by a firearm in my hands is if you were to threaten me.

      Simple solution to the problem. Don't threaten harm to me and mine. It's all up to you.

    14. Re:Thank God for that by feed_me_cereal · · Score: 1

      I have mod points, but, though i don't agree with you, I didn't mod you down. Anyone who did is a hypocrite, assuming they're a believer in individual rights. The funny thing is, I consider myself a very liberal/progressive/what-have-you sort of person, but I'm also a beliver in the second ammendment. It's not as cut and dry as "guns cause terror"; not even Michael Moore makes that connection (in bowling for columbine, he notes that canadians own as many guns as we do, and yet we have much more gun related violence).

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    15. Re:Thank God for that by rossz · · Score: 2, Informative

      You must be a big fan of the total banning of guns in the UK. Now that no one has guns, they've turned it into the perfect utopian society without crimes or violence.

      BTW, that's called sarcasm. Since they've banned guns, that catchy NRA slogan has become a reality (if it's a crime to have guns, only criminals will have guns). The UK has the fastest growing rate of gun crimes in all of western civilization.

      --
      -- Will program for bandwidth
    16. Re:Thank God for that by Toby+The+Economist · · Score: 1

      Nothing at all.

      However, that wasn't the issue.

      The point I made was about a society where it's legally permitted to carry killing devices.

      One particular issue involved in that is crime and self-defence, but it's not *the* issue.

    17. Re:Thank God for that by bumptehjambox · · Score: 1
      it becomes necessary to possess a killing device merely to deter those who would mis-used their killing device.

      I know you think it is ridiculous. But, we CAN be invaded by another country and have to use weapons to defend ourselves while we wait for protection, it isn't just defending yourself from your neighbor. Then there are gangs. Were it banned, only people that will have weapons will be gang members, and judging by the massive amount of gang members receiving military training and taking it back to the streets; that is pretty messed up.

      So there is one way out, to go to every street, every home, and turn it upside-down looking for weapons, to put police on every street, and impose an 8PM curfew. We have to do this fairly often, as gangs would gather weapons again fairly easily. This is symbolic, it is a massive hurdle in the movement to take away all of our freedoms. If they dont let you defend yourself, why would they let you have privacy or free speech...what are you gonna do? throw rocks? protest? riot? Heh, I thought you guys were nerds. You obviously weren't paying attention to the movies.

      On the other hand, maybe this will help the credible militias, add more people less prone to 'go off the deep end' and establish a unified purpose of defense; holding off enemies until the proper authorities arrive.

    18. Re:Thank God for that by Entropy · · Score: 2, Informative
      So, we have a situation now where many people - especially in violent inner city areas - have in their hands a device which with the pull of a trigger can immediately kill at ranges from point blank to a few hundred meters.


      A pull of a trigger sounds so easy .. and physically, it is.

      It's not the physical action being easy which is the deciding factor.

      It's the will to kill that is the deciding factor.

      And regarding "a few hundred meters", I submit that those who have mastered the rifle to such a degree would be far less likely to use it to wantonly slay people.

      Compare this to a situation where people don't have such a device - but have much less efficient devices, like cars (bulky, hard to maneover), knives (not much of a ranged attack, much less lethal, very messy) and Wii controllers (weak straps, could fail in use).


      I do not mean this as an attack against your character in any way, but for you to portray knives as "much less lethal" belies an egregious ignorance in matters of self defense. A knife in even untrained hands can indeed be wholly lethal in a matter of seconds. It's quiet, doesn't run out of ammo, and is often far easier to conceal.

      If a potentially violent (healthy) subject is at 21 feet or less brandishing a knife, it is considered a lethal threat by most police training. This is because such a subject can close that gap before you can draw and fire - and if hopped up on drugs, may close the gap regardless of if you've hit them.

      So it's really a question of tactical context as to which is "king" that day ..
      --
      The sea changes color, but the sea does not change.
    19. Re:Thank God for that by iamacat · · Score: 1

      So I should trust you, your spouse and your children based on this single post on slashdot? Even if I own a gun, it wouldn't be practical to carry it with me all the time. For example, my company might ask me to check in my AK47 before entering the workplace. I don't want one of my thousands of coworkers - possibly your relative - to go bezerk and mow me down with a gun he somehow smuggled through the back entrance.

    20. Re:Thank God for that by Metzli · · Score: 1

      Yes, but the possession of these devices is already prohibited in many violent inner cities. It's not legal for the average person to possess a working firearm in Washington, DC. That has obviously helped a tremendous amount in lowering the crime rate there....

      --
      "It's too bad stupidity isn't painful." - A. S. LaVey
    21. Re:Thank God for that by moeinvt · · Score: 1

      "we have a situation now where many people - especially in violent inner city areas - have in their hands a device which with the pull of a trigger can immediately kill . . ."

      So you're suggesting that a person willing to ignore the statutes against murder will be deterred by a law banning firearms? Are you instead assuming that said legislation will magically make all firearms disappear? In case you haven't noticed, we've been fighting a "war on drugs" for decades now, and thousands of pounds of such substances flow into this country every year. Will a "war on guns" be more successful, or will it simply harm the law abiding citizens?

      P.S.

      "ranges from point blank to a few hundred meters."

      I'd like to see some inner city ghetto punk that could kill at "a few hundred meters"

    22. Re:Thank God for that by RyanFenton · · Score: 5, Informative

      The UK has the fastest growing rate of gun crimes in all of western civilization.

      Yes. The reason the rates increase so much, is because the actual numbers are so low.

      Gun Death Rates per Nation

      If you're trying to be honest about the statistics, avoid harping too much about relative increases in rates - that's like bragging about your brother growing richer faster at a rate faster than Bill Gates.

      Ryan Fenton

    23. Re:Thank God for that by Anonymous Coward · · Score: 0

      and a law aganst owning a gun would prevent a insane ex employee from illegealy smuggling a illegal gun in through the back enterence??

    24. Re:Thank God for that by 0123456 · · Score: 1

      "The reason the rates increase so much, is because the actual numbers are so low."

      And they were much lower a few decades ago when anyone could buy a gun over the counter, no questions asked, and anyone with $2.50 to spare could buy a license to carry it in public.

      Britain is rapidly turning into a police state; it's no surprise that a government which pretty much brought about the conclusion of eighty years of gun banning should also want to eliminate trial by jury, the right to silence and habeus corpus, and to cover the country with cameras and force everyone to carry 'license to exist' cards.

    25. Re:Thank God for that by YrWrstNtmr · · Score: 1

      So I should trust you, your spouse and your children based on this single post on slashdot?

      You trust me not to mow you down with my car, right?

    26. Re:Thank God for that by Slithe · · Score: 1

      Should you trust your coworkers with Lithium-Ion batteries? I am sure a berserker could rig one (or several) to explode some way. Do you extensively check your employees (TSA-style) to ensure that they have not brought anything dangerous (liquid explosives, dangerous chemical compounds, etc.) into the workplace? Do you ensure that they do not have any pocketknives (a deadly weapon) on them?

      --
      ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    27. Re:Thank God for that by zoftie · · Score: 1

      "I do not mean this as an attack against your character in any way, but for you to portray knives as "much less lethal" belies an egregious ignorance in matters of self defense. A knife in even untrained hands can indeed be wholly lethal in a matter of seconds. It's quiet, doesn't run out of ammo, and is often far easier to conceal."

      Ninjas never used guns, only smoking gun powder in escape. :)

    28. Re:Thank God for that by zoftie · · Score: 1

      What will help lowering amount of animosity in Washington DC, from what i gather from my highly unreliable sources is having representation, of the city in its own matters. People who live there.

    29. Re:Thank God for that by mrchaotica · · Score: 1
      I don't want one of my thousands of coworkers - possibly your relative - to go bezerk and mow me down with a gun he somehow smuggled through the back entrance.

      And that's exactly why you should own a gun -- so you can shoot him before he gets the chance! After all, don't you realize that if he really is bent on killing you he'll be able to find himself a gun regardless of its legality?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    30. Re:Thank God for that by Money+for+Nothin' · · Score: 1

      knives (not much of a ranged attack, much less lethal, very messy)

      You obviously have never studied martial arts and have little familiarity with the practice of law enforcement.

      Practitioners of these fields generally regard knives to be *more* dangerous in close-quarters than both handguns and (especially) long guns. They regard it as a guarantee that even an experienced hand-to-hand fighter will get cut in a knife-fight, whereas although it's still very dangerous, it's not regarded as certain that one will get shot when fighting at close range.

      A single cut of a knife can kill a person if the cut is in the right place, particularly around the neck: cut the esophagus to prevent further breathing; cut an artery in the jugular on either side of the neck and the person will bleed to death. Cutting an artery elsewhere achieves the same goal: the inner-leg is one such place.

      Knives can be extremely dangerous, and swords even moreso.

      (Disclaimer: I'm not a cop. But I have several years practice in tang soo do, have dabbled in a couple other, similar styles, and used to read "Black Belt" magazine fairly-regularly.)
    31. Re:Thank God for that by RealGrouchy · · Score: 1
      It's a sign of how backwards we are in non-technological matters that our society considers it right and proper for everyone to be able to carry a device designed to kill other people.

      Close, but not quite. Our society considers it right and proper for everyone to carry a device designed to defend against other people killing us.

      Yes, by killing them.

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    32. Re:Thank God for that by Reality+Master+101 · · Score: 1

      Yes, by killing them.

      No, by the threat of killing them. Why do you think countries having standing armies, even if there's no war going on? By your logic, the only reason to keep an army is to go out and kill people for absolutely no reason.

      --
      Sometimes it's best to just let stupid people be stupid.
    33. Re:Thank God for that by cliffski · · Score: 1

      I've lived here for thirty seven years. I don't recall a time, ever, when you could just walk into the UK version of wal-mart and buy a gun. I've never seen a real gun that wasn't held by a police officer at the airport (only seen that once), I've never heard a shot fired, or known anyone who has been shot, or knows anyone whose been shot, or seen a real shot fired.
      So this huge rise in gun crime must still be pretty damned minimal. I'll take the UK gun crime rate over the US rate any day.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    34. Re:Thank God for that by estarriol · · Score: 1

      You must be a big fan of the total banning of guns in the UK. Now that no one has guns, they've turned it into the perfect utopian society without crimes or violence.

      BTW, that's called sarcasm. Since they've banned guns, that catchy NRA slogan has become a reality (if it's a crime to have guns, only criminals will have guns). The UK has the fastest growing rate of gun crimes in all of western civilization.

      You should really read the Wikipedia Guns and crime article which largely debunks this:-

      "In addition, it is widely claimed that the firearms crime rate in the United Kingdom has massively increased since an almost total ban on handguns in 1997/8, with violent gun crimes, including shootings to death, increasing year on year for over five years despite otherwise declining levels of reported crime levels. (Note however that victimisation levels have reportedly risen as has non-recorded crime due to apathy and lack of police response.) Some claim that this demonstrates a negative correlation between more restrictive gun laws and violent crimes involving firearms.

      Such claims, though, overlook a number of other factors in play since the handgun ban, quite apart from the fact that prior to it less than 1% of the population actually owned handguns that were affected by the ban. There were two separate changes in police crime reporting rules (in 1998/99 and 2002/03), both of which had the effect of "adding" offences that would not previously have been included, while the removal of border controls within Europe has also made the illicit movement of firearms from one state to another more easy."

      The article further goes on to state, in comparison between Australian gun crime and US:-

      "Australia has always had tougher gun laws than the U.S. - despite that country's own frontier history and its cultural similarities to the United States. In 1998, 54 Australians lost their lives to gun homicides, while in the States the number exceeded 1,300. The gun homicide rate in the U.S. is about 15 times that of Australia."

      Elsewhere it notes that even at the so-called "increased gun crime" levels, the UK has had an average of 72 deaths per year since 1998 when the laws were tightened even further. The population of the UK is approximately 60 million, to the USA's 300 million - even taking that into account, the USA has at least four times the level of gun homicide incidents per capita than the UK.

      The following data in another article corroborates this (emphasis mine):-

      "Despite its high crime rate Britain has a low murder rate per capita, accounting for 853 murders in the reporting period 2003/04 according to the Home Office's Crime Statistics. The UK's population is more than 60 million, which translates into fewer than 1.3 murders per 100,000 residents in the UK. By comparison, in 2000, police in the United States reported 5.5 murders for every 100,000 population. In addition, 70% of murders in the United States involve firearms compared to 6% in the United Kingdom. Both New York City and London have over 7 million residents, with New York reporting 6.9 murders per 100,000 people in 2004 to London's 2.4 per 100,000, also in 2004."

      I'm happy to live in a country where I cannot own a gun, and know that I am vastly less likely to get murdered. Gun possession by the general populace grants the illusion of security and a much greater risk of being killed during common domestic incidents, petty criminal action and mundane feuds.

    35. Re:Thank God for that by Anonymous Coward · · Score: 0

      what if your blind? tough shit eh?

    36. Re:Thank God for that by salgiza · · Score: 1

      Do you realize that UK is not the only country where guns are forbiden? (And the US is not the only country where they are allowed).

      I haven't lived in the US, so I can't tell how would I feel in a country where guns are allowed. I can tell you, though, how it is living in a country (Spain) where guns are forbidden.
      Basically, it is very, very, unusual to hear in the news that someone has been shot in a robbery, burglary... To put it in perspective: if someone gets shot, it usually makes the national news.

      That's not to say that the number of crimes commited in Spain is any lower than in the US (although it probably is, but I doubt it has anything to do with gun control), it's just that:

      Most robbers or burglars use knives. Yes, they are nearly as dangerous as guns, but the chances of you running away/hidding in a room (if things get ugly), are higher.

      Criminals know that you won't have a gun. Yeah, it sucks. Yeah, they are in control and you don't like it. But let's admit it, they want the money. If they know that they are in control, there's a much lower chance that they'll get nervous and shot at you if you make a suspicios movement. Moreover, you don't have a gun, so the chances of you suddenly wanting to be a hero are also lower.

      Do I think that banning guns in the US will reduce the criminality? No
      Do I think that banning guns in the US would reduce the number of deaths? Yes

      And going back to the UK. I don't really know what's wrong with them, but I'm pretty sure it has nothing to do with gun control (for good or for worse). And I don't want to think what some teenagers would do if they could get guns easily (I have family in the UK, BTW).

    37. Re:Thank God for that by xstonedogx · · Score: 1

      Gun deaths and gun crimes are distinct, even though they are not mutually exclusive. You cite statistics related to gun deaths, but some number of those deaths will not be crime-related and many crimes involving guns do not result in death. So, in the context of gun-related crimes the cited statistics are meaningless.

      It is meangingful to discuss an increase in gun-related crime rates in the U.K. If removing guns was effective at reducing crime, we should see a reduction in rates when guns are removed. Where we see an increase it indicates at best that removing guns was ineffective and at worst that removing the guns resulted in more crime. This is true regardless of the absolute numbers, since our rate is comparing one set of absolute numbers to the same set from another time period.

    38. Re:Thank God for that by RealGrouchy · · Score: 1
      By your logic, the only reason to keep an army is to go out and kill people for absolutely no reason.

      No, by my logic, the only reason to keep an army is to kill people, full stop. There are plenty of reasons for doing so, they just tend to be nefarious, and only serve the interests of the topmost strata of society. To the people whom these armies represent, yes, it looks like it is for "absolutely no reason."

      Countries keep standing armies to intimidate (a) their own people (as in most developing countries, dictatorships, etc.), and (b) other countries' forces.

      And both on the individual level with handguns, and on the state level with militaries, it only leads to an arms race, where people who want to do damage simply invest in bigger guns and better armour.

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    39. Re:Thank God for that by AHarrison · · Score: 1

      I own guns. I routinely (if not as often as I would like) fire guns. I have taken the California mandated Hunters Safety course. I have killed animals and consumed them, both of which have been in a much more
      "humane" manner than something you would get at your local burger/chicken joint. I have been in the presence of more guns than you have apparently seen in your life, and I have never once seen gun violence against a human being nor heard of any person whom I had personally met be injured by guns.

      I have, on the other hand, heard firsthand stories of three major incidents of ATV injuries, both intentional and unintentional. I realize this has minimal amounts to do with crime, but that was in the last year alone and should give you a point of reference. Your "I haven't seen it so it must not be there" statement scares me because you believe it to be true. When it does become a problem, when someone breaks into your home, what will you do? I will be trained, armed, and ready. Let us hope that that day never comes for either of us, but given the state of the world from the first tribe vs. tribe dispute until present day, it is in fact simply hope. I am not trying to tug at heartstrings, I am trying to give you my perspective. There is a rather nice post at the top of this article that describes the actual numbers in quite a bit of detail.

    40. Re:Thank God for that by analog_line · · Score: 1

      Our society considers it right and proper for everyone to carry a device designed to defend against other people killing us.

      No, actually the device is designed to cause grievous harm to people or objects it's aimed at, possibly fatal if aimed appropriately for that purpose. A device designed to "defend against" people killing me would be a device that has no effect other than to neutralize an incoming attack. If someone develops the personal force field (ala Dune), and I carry it to avoid people killing me with firearms, I can't suddenly go after someone with it and kill them. OK, maybe I can, but I can suddenly go after someone with a hairbrush and kill them with it too, but it wasn't designed for that, and you've got to be a bit ingenious to pull it off.

      A gun is not a defensive weapon. There are no defensive weapons, because weapons are designed to harm/kill by definition. The only defense anyone gets from owning a weapon, is from the mutually assured destruction principle, just on a smaller scale than the nukes we're used to that principle being applied to. Even land mines, which theoretically do not detonate unless someone moves to attack you, end up being an attack on the people in general when the conflict they were employed in is over, and you get farmers or hikers blowing themselves up just by tilling the land or going for a healthy stroll.

      I support the right of gun ownership. I own none, but this country is getting to the point where I'm considering getting one, despite my SO's hatred of them. However, I think the people like you, that claim that owning a firearm is simply for defense and not for killing anyone are either ignorant or lying. If I end up purchasing a gun, it will be because I might be forced to kill someone before they can kill me, not so I can magically block the attacks of other people against me like I'm in some video game.

    41. Re:Thank God for that by cliffski · · Score: 1

      but you realise its just an arms race right? If someone breaks into your house, they will probably have a gun. if someone breaks into my house, they probably won't. In my case, arguabley its whoever punches hardest wins. In your case, its whoever shoots first. As the burglar is picking his moment, and your gun isn't always in your hands, I doubt you get first shot.
      Worst likely case for me is I get knocked out and robbed. Worst likely case for you is a bullet through your head (plus robbery)

      I'm not saying there is no gun crime in the UK, there is *some* gun crime everywhere on earth. last time I checked, we had way less gun crime per capita than the USA, and I'm happy with that.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    42. Re:Thank God for that by Procyon101 · · Score: 1

      If you are trying to be honest with statistics, then include all violent crime deaths, not just gun deaths. A decrease in gun deaths that is more than made up for by an increase in knife and bomb deaths is not an improvement. In the end you are still dead.

    43. Re:Thank God for that by Anonymous Coward · · Score: 1, Interesting

      I am sick of my country being dragged into every god damn argument about guns in the USA. Misrepresenting our country, history and laws to justify your own sick obsession with handguns. Leave us out of it. Why not pick on an other country with gun controls? There are many but I guess you have difficulty misrepresenting their statistics for your own ends. That and they use one of those weird foreign languages.

      "And they were much lower a few decades ago when anyone could buy a gun over the counter, no questions asked, and anyone with $2.50 to spare could buy a license to carry it in public."

      Correlation and causation are not your strong points are they. The fact that even when it was easier to own firearms in the UK hardly anyone did makes your argument utterly ridiculous. The recent rapid increase in gun crime has gone hand in hand with the increase in popularity of US 'culture' (I use that term in the loosest possible sense obviously). I think that is more likely to have something to do with our increase in gun crime than these phantom guns people had all those decades ago.

      We are so not turning into a police state. Stop getting your UK news from our gutter tabloids or your own piss poor popular media. Our police are much better regulated and trained than your own and they get away with far less crap. Licence to exist cards? Jesus Christ! As much as I am against ID cards your reaction to them just shows just how paranoid you are. And the CCTV camera big brother thing is just getting old. If you think the shitty black and white or grainy colour cameras the police use to watch for crowd trouble or identify criminals already caught as being at the scene of the crime can be used to track every one in the UK you are deluded. Not only that the local and central government divide is completely forgotten by Americans.

      The poster you were replying to was spot on. If the UK has 1 gun murder in 2005 and 2 in 2006 that is a 100% increase. If the US has 100 gun crimes a year in 2005 and 101 in 2006 that is a 1% increase. Saying that gun crime is out of control in the UK because it has had a greater increase over the year in the example is idiotic.

      Personally I think gun ownership in the USA should be completely freed up from all regulation. That way you can get back to shooting each other (your national pass time I believe) and leave the rest of the world alone.

    44. Re:Thank God for that by rossz · · Score: 1

      but you realise its just an arms race right?. No. Criminals are usually cowardly. They use a gun against unarmed citizens because it easily gets them what they want (typically your wallet). A criminal could more easily obtain a baseball bat or a knife, but it doesn't have the scare factor of a gun. It has been proven that areas with easy to obtain concealed weapons permits, the confrontational crime rates drop. There is a marked increase, however, of non-confrontational crimes. That's the difference between a mugger taking your wallet from you, or stealing the stereo from your car. Which would you prefer?
      --
      -- Will program for bandwidth
    45. Re:Thank God for that by Procyon101 · · Score: 1
      Yeah, they are in control and you don't like it. But let's admit it, they want the money. If they know that they are in control, there's a much lower chance that they'll get nervous and shot at you if you make a suspicios movement.


      I'd rather die on my feet than live on my knees. Maybe it's just an American thing, but the idea of being forced by my country's laws to bend over and take it from any criminal who wants me to makes me want to throw up. I'd rather live with a higher death rate knowing that some of those deaths were of the criminal and others were on nonemasculated real men (and our countries are in the same ballpark for overall violent death rates btw).

      Not to mention that the entire point of the 2nd amendment is conscription, so petty crime is a moot argument to begin with.
    46. Re:Thank God for that by rossz · · Score: 1

      to justify your own sick obsession with handguns. You couldn't be more wrong. We have an obsession with freedom. Throughout history, the ability to bear arms was the sign of and guarantee of freedom.

      That's something the British used to believe. In fact, our belief in individual rights is based loosely on the British concept of rights and freedom (we revolted against your government because we were refused the same rights as any other British citizen). Alas, you have let your government take it away. It used to be considered an inherent right of a freeman to bear arms in your country. In fact, that was your badge of honor and solemn duty when you became a freeman.
      --
      -- Will program for bandwidth
    47. Re:Thank God for that by xstonedogx · · Score: 1
      Your worst case scenario is the same as our worst case scenario, but you have less ability to defend against it, because criminals can still get guns!

      Home intruders do not want to die. If I can own a gun, chances are someone will only break into my house when I'm not at home and then only to steal my stuff. Someone meaning to do my family harm might work up the courage to break into my house while I am there, but I will have the gun to defend myself.

      Take away my gun and the criminal does not have to worry about being shot. He can now break into my house at any time, including when people are home. If he was only there to steal, well, he may decide to do more once he realizes the power he has over my family. If he intends to do me or my family harm, I will not have the gun to defend myself. So, if he brings a gun, he is in complete control the minute he enters.

      Taking away my gun makes home intrusion (and worse) more likely at the same time it reduces my ability to defend my home.

      As the burglar is picking his moment, and your gun isn't always in your hands, I doubt you get first shot.


      A burglar will have a difficult time "picking his moment" if you restrict the information that leaves your house. We always leave lights and other devices on and even have some on timers, so it is impossible to tell whether someone is awake or asleep. When the burglar does pick his moment, he's going to have to make any noise while breaking a window or chain lock to gain entry. Then he's going to have to get to where I am without making any noise. And if he is just there to burgle, he's probably not going to go into the bedrooms anyway, for fear of being shot.
    48. Re:Thank God for that by Anonymous Coward · · Score: 0

      So 55 Australians died in homicides. 15 times that died in the USA. Interesting that there are about 20M people in Australia and 300M people in the US.

      This incidently is about 15 times the population.

      Wow, Australia is doing good.

    49. Re:Thank God for that by Anonymous Coward · · Score: 0

      "Worst likely case for me is I get knocked out and robbed. "

      Fine, you're a big strapping guy who can defend hemslef against an instruder. Great. What about your mother, or sister, or female neighbor? Worst likely case for them is being raped, brutalised, and then strangled to death so they can't identify their rapist. But hey, at least they don't have to worry about being shot by an intruder.

      I wonder what the incidence rate of rape against women in their own home is compared to when they had the right to protect themselves. Could you provide this information for us?

    50. Re:Thank God for that by feed_me_cereal · · Score: 1

      So... you're implying that the he likes to kill people? Do you honestly believe this?

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    51. Re:Thank God for that by salgiza · · Score: 1

      I'd rather live. I might die for an ideal, and I would certainly defend my family and friends with my life. But I would not die trying to stop someone from stealing my TV. Of course, it depends on the level of criminality in your country (I don't know how much of a problem robbers and burglars are in the US). Here in Spain it's low, and a gun wouldn't make much of a difference.

      P.S. I do think that petty crime is an argument. At least, it's the argument of those in favour of gun control (or that's what I thought). The 2nd amendment is not relevant in this time and age, and gun control would lower the number of deaths in the US.

      But hey, it's your country. As long as you don't invade Spain, and don't shoot turists, you can keep your guns ;).

    52. Re:Thank God for that by Anonymous Coward · · Score: 0

      Sure, the freedom of using guns IS freedom. If all you care about is freedom, good for you.

      But I do care about some other things, too. I try to weigh harms and benefits of everything without being blinded by a dogma. Therefore I welcome laws that make it illegal to sell heroin, for example. Or to create monopolies. Yes, this reduces freedom. Tough for you, I guess.

      Sometimes, freedom fanatics are no better than religios fanatics.

    53. Re:Thank God for that by Anonymous Coward · · Score: 0
      a device designed to defend against other people killing us

      ...by killing the other person first.

      A device designed to defend against other people killing you is body armour.

    54. Re:Thank God for that by TheSkyIsPurple · · Score: 1

      >that claim that owning a firearm is simply for defense and not for killing anyone are either ignorant or lying.

      Perhaps his intention is to only use it for defense? He never said that anyone owning a firearm is for defense... just referring to himself

      >If I end up purchasing a gun, it will be because I might be forced to kill someone before they can kill me,

      Which would be defense. Killing your attacker just happens to be one type of defense. I, and most people, make a clear distinction between defensive killing and other killing. When people speak of killing in general, they usually refer to non-defensive killing. (Was the comandment, "thou shalt not kill", or "thou shalt not murder"? big difference)

      >not so I can magically block the attacks of other people against me like I'm in some video game.

      One of the scariest things for a burglar to hear is the sound of shotgun being cocked. That sound alone (maybe along with the sight of the shotgun) has repelled many a ne'er-do-well. Yes, it 's mutually assured destruction, survival of the fittest sort of thing... but when you boil it down, that's what you're left wth when someond else decides to flout the conventions of society in that sort of way.

    55. Re:Thank God for that by rossz · · Score: 1

      Your government has done an excellent job of getting you to believe their bullshit.

      Equating guns with drugs is fairly standard propaganda. You swallowed it whole.

      --
      -- Will program for bandwidth
    56. Re:Thank God for that by feed_me_cereal · · Score: 1

      There's no obsession with handguns in america? He couldn't be "more wrong?" Are we living in the same country? What percentage of movies that we produce *don't* have a gun in them at some point? ...there's other facets of *freedom* than simply owning guns.

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    57. Re:Thank God for that by xstonedogx · · Score: 1
      The fact that even when it was easier to own firearms in the UK hardly anyone did makes your argument utterly ridiculous.


      You underestimate the will to live. There is a large difference between "probably does not have a gun" and "definitely does not have a gun", especially when the criminal has a gun.

    58. Re:Thank God for that by Astro+Dr+Dave · · Score: 1
      An interesting pro-gun article is: http://www.cato.org/pubs/pas/pa109.html. Quoting from that article:

      Guns do not turn ordinary citizens into murderers. Significantly, fewer than one gun owner in 3,000 commits homicide; and that one killer is far from a typical gun owner. Studies have found two-thirds to four-fifths of homicide offenders have prior arrest records, frequently for violent felonies.[28] A study by the pro-control Police Foundation of domestic homicides in Kansas City in 1977 revealed that in 85 percent of homicides among family members, the police had been called in before to break up violence.[29] In half the cases, the police had been called in five or more times. Thus, the average person who kills a family member is not a non-violent solid citizen who reaches for a weapon in a moment of temporary insanity. Instead, he has a past record of illegal violence and trouble with the law. Such people on the fringes of society are unlikely to be affected by gun control laws. Indeed, since many killers already had felony convictions, it was already illegal for them to own a gun, but they found one anyway.

      I'd be willing to bet that the high incidence of gun crime in the USA is mostly due to inner-city gang/drug related homicide, probably due to the "war on drugs." As such, I'm not sure that you can blame US gun violence on liberal gun laws.
    59. Re:Thank God for that by Fulcrum+of+Evil · · Score: 1

      I'm not saying there is no gun crime in the UK, there is *some* gun crime everywhere on earth. last time I checked, we had way less gun crime per capita than the USA, and I'm happy with that.

      How's your violent crime, then? Our gun crime isn't really all that bad - once you factor out suicides and drug dealers shooting each other (stay out of the ghetto), it's really low. You could come here and never see a gun that wasn't at a gun range.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    60. Re:Thank God for that by Fishy · · Score: 1

      "You must be a big fan of the total banning of guns in the UK"

      Guns were never banned in the uk, "Score 5, Informative" I think clueless would be better.

    61. Re:Thank God for that by feed_me_cereal · · Score: 1

      it's kind of difficult to mow someone down with a car and get away with it. Even with that, I don't exactly trust other people not to mow me down with their car. That's why I'm a very careful pedestrian.

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    62. Re:Thank God for that by Procyon101 · · Score: 1

      The 2nd is very, very relevant in this day and age, for the purposes of conscription. The fact that there exists an armed populace in the US comes into play in every single government decision involving the use of force. The arguments against the futility of the direct use of force against the standing US military are NOT new and unique to our "day and age". They were directly addressed by Jefferson in the federalist papers which outline the debate for the 2nd amendment in the first place.

      It was admitted, even prior to the drafting, that self armed civilians could never directly overthrow the US government. The people arguing that such a thing is possible are simply ignorant, willfully or not, of the reality of the outcome of such tactics. Even during the formation of the US, it was a simple reality that small arms troops, no matter how overwhelming, cannot, ever, compete with a modest force that brings sufficient artillery to the field (as Pickett's famous charge at Gettysburg so graphically demonstrated). As the civilian conscripts will never amass an artillery, or it's modern equivelent including air power, capable of competing with the federal army, it's a forgone conclusion who would win, in any post gunpowder time period.

      That being said, it does not render an armed populace obsolete. The point of an armed populace is that it is prohibitively expensive to use non overwhelming force against the populace. In other words, a small armed police force is not going to be able to contain a population center against their will unresisted. They must bring in the big guns in order to do so, and in doing so, they are making an overt military move against their own people. Whereas a small police occupation with little or no loss of life can be swept under the rug, any large movement against a populace is going to have very dire concequences for the initiating government. Asking the military to attack, in force, their own homes is a VERY dangerous proposition and invites a coup d'etat, splintering the military into factions. Under these conditions, the armed populace can then be conscripted to protect their homes and family and will fight alongside the regular army, as well as serve as a supply source. The oppressive government, under those conditions wouldn't have a chance.

      This is not to say that such a scenario is very realistic... the fact being that it would never get that far. The government, understanding the expense and futility of such a scenario, would (one would hope) never initiate such force in the first place, instead opting to get it's way through the regular channels of congress and the courts, where the people have an opportunity to reject their oppressors through open debate, impeachment and voting instead of bullets.

      Giving some modern examples of armed populace deterence to illustrate that such an expense is obsolete:

      The fall of the soviet union was performed by the army factioning to such an extent that reconstructing the government according to the wishes of the factions that were backed by the people was the only non suicidal option.

      Although the frontal assault against Iraq was performed with little resistance, it has proven EXTREMELY expensive to continue occupation in the midst of guerrila skirmishers. Whether the occupation is good or bad is beside my point, the point I am drawing attention to is that the armed populace is proving more effective, in terms of making it expensive for the occupation, than the regular army was capable of doing, because fighting embedded populace is is extremely difficult because it precludes the use of overwhelming force, as I said above.

      In Waco Texas, the Branch Dividian sect shook up the entire country. The Federal Government rolled out tanks for the first time in history against their own citizens. Had these people been unarmed, it wouldn't hardly have been a story and injustices would have likely been swept under the rug. Because they were armed, the actions of the government were scrutinized careful

    63. Re:Thank God for that by m50d · · Score: 0, Flamebait

      I'll be interested to watch you parry a bullet with your gun

      --
      I am trolling
    64. Re:Thank God for that by feed_me_cereal · · Score: 1

      ..so you think everyone in an office building should be armed at all times?

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    65. Re:Thank God for that by 1gor · · Score: 1

      The table with gun-related deaths statistics that you link to does not prove that total gun ban in the UK works.

      The Netherlands, where gun ownership IS LEGAL, is on the bottom of the list with 0.7 gun-related deaths per 100,000 people, very close to England's 0.45 (compare that to USA's 14.24 deaths per 100,000 people).

      --
      --
    66. Re:Thank God for that by mrchaotica · · Score: 1

      Not necessarily, but I don't think it's the government's job to decide.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    67. Re:Thank God for that by cliffski · · Score: 1

      your gun crime is LOW?
      http://www.nationmaster.com/graph/cri_mur_wit_fir_ percap-crime-murders-firearms-per-capita
      hmmm

      #8 United States: 0.0279271 per 1,000 people
      #32 United Kingdom: 0.00102579 per 1,000 people

      Think again. you appear to have *twenty seven* times as many firearms murders as the UK. So it seems that despite all the arguments about how you can defend yourselves better, in practice, you are way more likely to be shot.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    68. Re:Thank God for that by Fulcrum+of+Evil · · Score: 1

      Our overall murder rate is about 3 times yours, but I did mention removing drug related murders, because you can mostly avoid those by not being a dealer/user. Overall, our crime rate is slightly below yours (look it up on that link you posted). Never mind that my original post was concerning the overall level of crime - we're fairly close, and at least I have the option to arm myself and deal with a mugger or burglar. You just have to sit there and take it.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    69. Re:Thank God for that by feed_me_cereal · · Score: 1

      I'll take that :)

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    70. Re:Thank God for that by meringuoid · · Score: 1
      It is meangingful to discuss an increase in gun-related crime rates in the U.K. If removing guns was effective at reducing crime, we should see a reduction in rates when guns are removed. Where we see an increase it indicates at best that removing guns was ineffective and at worst that removing the guns resulted in more crime.

      You are clearly under a misapprehension here. You think that guns were removed. This is not the case; guns were banned. However, even before the ban was imposed, the number of people who actually owned guns was insignificant. Before the ban, vanishingly few people had guns. After the ban, vanishingly few people have guns. Very little removing was actually done, because there was almost nothing to remove.

      The ban on handguns made no significant difference to the situation in the UK. Hardly anybody was even affected. It's not as if we had an American-style armed population, and then decided to ban handguns; we had a tiny number of people with legal guns, then one of them shot up a school, and so we banned them. The point wasn't to reduce crime, the point was for the government to be seen to be Doing Something in the face of a tabloid outcry over a whole bunch of dead children.

      As it stands, the weapon of choice for the British rampaging psycho seems to be the katana; where an American would shoot up a crowded building with an assault rifle, our maniacs will take a samurai sword and start slashing. Street brawlers seem to go in for knives. A hardcore consisting mostly of drug traders does still carry firearms, and there seem to be a number of gunsmiths around who modify Brocock air-pistols to fire real ammunition, but as far as I'm aware this is still a niche market.

      --
      Real Daleks don't climb stairs - they level the building.
    71. Re:Thank God for that by iamacat · · Score: 1

      Well yes. Most people buy guns before they go insane and just happen to have access to them at an unfortunate moment. Even illegal dealers will not sell a gun to someone who is likely to get caught and tell it all. Anyway, if there are 10% of guns in US compared to now, an person is 10 times less likely to get a hold of one.

    72. Re:Thank God for that by iamacat · · Score: 1

      Is he actually going to warn me before shooting rather than just putting a bullet in the back of my head?

    73. Re:Thank God for that by iamacat · · Score: 1

      Would you accept a duel where you are armed with a pocket knife and a lithium battery and your opponent has a nice AK47? That is, even if games like Doom and shows like Law and Order gave you extensive preparations for using either of these items in combat.

    74. Re:Thank God for that by xmundt · · Score: 1

      greetings and Salutations

                This aspect of the gun control issue is always complicated, alas. However, my take on it is that we are comparing apples and oranges here, in that the populations of England and the US have so many differences as to make direct comparison difficult at best. for example:

                a) America's population is approximately 5x that of England. While I do REALIXE this is not directly relevant to the "per capita" crime rate, it is relevant in that it is my observation that the more people one packs into an area, the greater the opportunities for social friction leading to violence.

                b) America has a far more diverse mix of conflicting cultures than England has. As a simplistic example...when I listen to the BBC over the Net (which is a GREAT service, by the by), It is almost impossible to tell WHAT the race of the speaker is. England's school system does such a job of training to a sandard voice that it eliminates that variation almost completely. America does NOTHING to force folks to a common voice, so there is a tendency towards citizens placing their identity of origin ABOVE that of their identity as an American citizen. "CHinese-American" is a common label; "American-Chinese" is not.

                c) America is a FAR younger culture than England...and youth is almost always more fiery than maturity.

                d) While it is not a good thing, it is a fact that some of the cultural changes in America over the past 30 years have moved us towards being a collection of narcissistic people, rather than a collective society. There are too many factors that have caused this to discuss here, but, I believe it is rooted in the "do your own thing" society of the 60s, the glorification of violence and evil on television, and, too many parents who are unwilling to be as involved in their kids lives as they should be.

              Regards
              dave mundt

      --
      YAB - http://blog.beemandave.com/
    75. Re:Thank God for that by Anonymous Coward · · Score: 0

      Stop it, you're using logic and statistics on them, and when has THAT ever worked? Yes, the USians want their guns. There's no good reason for it that holds up to more than 10 seconds of thinking, but they still want them.

    76. Re:Thank God for that by Slithe · · Score: 1

      Would you accept a duel where the other guy had a machete and you were unarmed?

      --
      ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    77. Re:Thank God for that by EnglishTim · · Score: 1

      a) America's population is approximately 5x that of England. While I do REALIXE this is not directly relevant to the "per capita" crime rate, it is relevant in that it is my observation that the more people one packs into an area, the greater the opportunities for social friction leading to violence.

      America's population may be five times the size of the UK's, but it occupies forty times the space. The population density of the UK is eight times as high as the US.

      b) America has a far more diverse mix of conflicting cultures than England has. As a simplistic example...when I listen to the BBC over the Net (which is a GREAT service, by the by), It is almost impossible to tell WHAT the race of the speaker is. England's school system does such a job of training to a sandard voice that it eliminates that variation almost completely. America does NOTHING to force folks to a common voice, so there is a tendency towards citizens placing their identity of origin ABOVE that of their identity as an American citizen. "CHinese-American" is a common label; "American-Chinese" is not.

      That's really not true. There is a large variety of regional accents in the UK, just as there is in the US. This 'standard voice' you speak of really doesn't exist. What you're probably talking about is 'received pronunciation', which was the standard way of speaking for the upper-middle classes, and still exists to an extent today. However, it's not taught in any way in shcools and people just pick it up from their parents, although it's normally tempered with local regional accent as well. The US is similar in this regard.

      As for cultures, the UK has inhabitants from most of the rest of the former British Empire; from Africa, the Caribbean and Asia. However, most non-local cultural diversity tends to be found in urban areas rather than rural. Urban areas account for about (IIRC) 80% of the population.

      c) America is a FAR younger culture than England...and youth is almost always more fiery than maturity.
      It's possible that's true with people, but I'm not sure you can apply that to countries.

    78. Re:Thank God for that by BgJonson79 · · Score: 1

      >>It's a sign of how backwards we are in non-technological matters that our society considers it right and proper for everyone to be able to carry a device designed to kill other people.

      Then why can't target shooters sue the firearm manufacturers for making a faulty product? I mean, if it's designed to kill people but it's only putting holes in paper targets, something must be wrong. It doesn't even aim itself or squeeze its own trigger!

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

    79. Re:Thank God for that by Anonymous Coward · · Score: 0
      You couldn't be more wrong. We have an obsession with freedom. Throughout history, the ability to bear arms was the sign of and guarantee of freedom.


      Where were your guns when your freedoms were removed in the name of freedom (or "war of terrorism", as it is also called)?
    80. Re:Thank God for that by AHarrison · · Score: 1

      Without getting too in depth with this, I want to say a few things.

      First, it is not an arms race most of the time. A robber is generally in it for one of three reasons: money, thrill, or insanity. The chance of being shot tends to deter the first two. The third is dangerous no matter how you cut it.
      Further, a robber is already breaking the law. Possessing a gun is quite possibly just one more thing to add on to the list of legality issues they have.

      As far as the gun crime rate vs the USA, I haven't done a direct comparison in a few years, but a quick google search will (assuming it remains true, which I believe it does) yield that while the UK saw a drop in gun crime, they saw a massive influx of violent crimes. The exact opposite correlation (removal of gun control leading to lower violent crimes) can be seen in several places in the US. I submit that crime (and the effects thereof) are much more complicated than can be maintained by a single variable: i.e. the inclusion/removal of guns.

      I have argued gun rights against many people for many years. What it comes down to generally is experience: people who have handled guns, fired guns, and even treated bullet wounds (several of my extended family members are in the medical professions) understand the trade off: perceived safety for direct control of a situation. If I ever have to defend myself with a firearm, at least I will have control of my situation. Giving up that control in the hopes that the government will protect you (especially in the US/UK where the government is proving to be pretty much useless on that front) is generally something that most people I know are not willing to do. Have someone else ask that of us is worrisome to say the least.

      I don't expect to change a slashdotters (or anyone else's) mind on this topic directly. I can only ask that you do some solid pro-gun reading (try and avoid the idiot rednecks, I know it can be hard since they are the most vocal) and attempt to fire a firearm at some point. I think your perception will shift a bit.

      I hope that this (and my previous) post have given you a deeper understanding of the pro-gun perspective, and I hope I have done that perspective justice. It is a right that is simply too important to lose by misunderstandings and lack of experience.

    81. Re:Thank God for that by jwmullins · · Score: 1

      I know this post is old, but I had to reply to your comment. You saying that mass ownership of guns is one of the leading causes of terror and misery in our society made me want to give you another viewpoint. First, the cause of terror and misery is misguided people, not their tool of choice. Anyone that wises to terrorize will find a way to do it, guns or not (see Sept 11th).

      Do you really think guns were created with the sole intent to kill other people? Is that the only purpose you think they serve? I grew up on a cattle farm in rural Virginia where the hospital and the police were easily an hour away from the farm, and there was no 911 service. I almost always carried a gun when I worked on the farm, especially when I had to go into the deep woods to repair the perimeter fence. Did I carry a gun to kill people or terrorize? Of course not! I carried it because there were many sightings of black bear and bobcats and even occasional coyotes, and being so far from help, I had to protect myself. We would also use guns to kill wild animals for food, such as squirrels, rabbits or deer. Also if we were harvesting one of our steers for food, we'd use a gun for that. Finally, being so far away from help, what if someone tries to break into your home to harm your family? It was a mile to the next neighbor's house so they weren't going to hear, and if you did get the number for the police looked up in the phone book (remember no 911 service), it was going to be an hour before someone got there to protect you. I certainly felt better knowing that in that situation, I could protect myself and my family with my gun, but having it as a means of self defense didn't mean that I ever used it to threaten or terrorize anybody.

      Do I still own a gun? Yes, I do. Do I believe I should have the right to own a gun? Absolutely. I believe I should have the right to protect myself, and a gun ban at this point only takes guns out of the hands of law abiding citizens. Do I terrorize people because I own a gun? I've only ever used my gun for peaceful purposes and protection, I've never threatened anyone with it, nor do I carry it outside my home other than on the farm. No, I don't terrorize.

      My point is that your statement, while it may have some truth in some cities, is not applicable across all of society as you imply. I challenge you to honestly consider that fact and to have a more open mind about gun owners in the future.

  14. Organized, regulated groups.. by xtal · · Score: 3, Funny

    I'm assuming then, the NRA meets that definition nicely. :)

    --
    ..don't panic
    1. Re:Organized, regulated groups.. by oyenstikker · · Score: 1

      I wonder if the national organization with which I participate in Civil War re-enactments counts as a well regulated militia? If so, can I carry my (replica) 1853 Colt revolver?

      --
      The masses are the crack whores of religion.
    2. Re:Organized, regulated groups.. by azimir · · Score: 1

      I don't believe so, but don't dispair! It turns out that all US Males between 17 and 45 are in the militia. Odds are that's you.

      BTW: I had to sell my reproduction 1863 Springfield rifle because I wasn't doing the re-enactments anymore. That was a heavy gun (10 lbs with bayonet) and man did it kick! 58 caliber 1 inch lead bullets on 90 grains was accurate, but left my shoulder bruised every time I went target shooting. How did those guys do it all day back then?

  15. well, of course the text doesn't support individs' by Anonymous Coward · · Score: 0

    "right to bear arms":

    "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."

    Plus that's "the people," as in "the people of texas vs. that negro mothafscka."

  16. Excellent! by Reality+Master+101 · · Score: 5, Funny

    This is a great subject for debate on Slashdot. I look forward to getting this issue settled, once and for all!

    --
    Sometimes it's best to just let stupid people be stupid.
    1. Re:Excellent! by nametaken · · Score: 1

      Yeah, really.

      "Guns bad! Discuss."

      What a fantastic /. article. How lazy can the editors get?

  17. So... by Mikya · · Score: 1

    Anybody want to form a militia with me?

    1. Re:So... by whthat · · Score: 1

      Problem: "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." [http://caselaw.lp.findlaw.com/]

      If they rule it protects militias then said militia has to necessary to protect the State. Meaning random militias that sit around and drink beer all day are not counted.

      The primary arguement is whether the first two phrases "A well regulated Militia, being necessary to the security of a free State" are a statement of reasoning behind the protection or a prereq to the protection.

  18. This comes about two centuries too late, no ? by dargaud · · Score: 2, Insightful
    They should have wondered about this a long time ago, before there were weapons all over the country, no ? And BTW, for those who think that the ammendments are untouchables, here are the answers to the question: "Do the US constitution amendments still matter?":
    1. Sort of
    2. Sort of
    3. Yes
    4. Nope
    5. Nope
    6. Sorry, no
    7. Not sure
    8. No
    9. Not sure
    10. Technically yes.
    --
    Non-Linux Penguins ?
    1. Re:This comes about two centuries too late, no ? by Anonymous Coward · · Score: 0

      1. Sort of
      2. Sort of
      3. Yes
      4. Nope
      5. Nope
      6. Sorry, no
      7. Not sure
      8. No
      9. Not sure
      10. Technically yes. Examples? Citations? Anything?
    2. Re:This comes about two centuries too late, no ? by dal20402 · · Score: 1, Informative

      Let's refine your list a little bit. Amendments often have multiple parts, some of which are still meaningful, some of which aren't. Some Bill of Rights provisions have fundamental problems and need changing; the Founding Fathers weren't perfect in their time, and in any case the document is severely outdated. If the Constitution has one overwhelming flaw, it's that amending it is too hard.

      1st Amendment: Establishment Clause: eviscerated (thank you, fundie wackjobs)
      Free Exercise Clause: as strong as ever (ditto)
      Freedom of speech and the press: stronger than some other countries, but still deeply problematic
      Right of assembly: OK, unless you're Muslim
      Right to petition the government: OK, unless the Bush administration took you prisoner in the war on terra

      2nd Amendment: unfortunately, still in good shape

      3rd Amendment: Has never been an issue, so it's probably working OK

      4th Amendment: Right against searches and seizures: Jurisprudence is a mess. Could be better, could be worse
      No warrants w/o probable cause & specifics: Technically working, but probable cause is a little weak

      5th Amendment: No prosecution for severe crime w/o grand jury indictment: Still works, but the grand jury itself is a deeply flawed institution
      Double jeopardy: Seems to work OK
      Right against self-incrimination w/o due process: in a jury setting, there's no way it can work -- the Founding Fathers should have done this one differently
      Deprivation of life/liberty/property w/o due process: Due process works fine for those who can afford good lawyers, and is a joke for those who can't
      Takings: the language is vague. Whether you think this is working depends on what you think a "taking" is.

      6th Amendment: Speedy trial: More or less OK
      Right to be informed and confronted with witnesses: Usually works OK
      Assistance of counsel: This one is politically difficult, because no one wants to support public defenders. The basic ideas in the jurisprudence are OK but need more teeth in the real world.

      7th Amendment: Right to jury: Works OK most of the time

      8th Amendment: This is broken, through no fault of the courts. The Bush Administration has singlehandedly made a joke of it.

      9th Amendment: Too vague to be meaningful. Surely "the people" don't have every conceivable right (e.g. they don't have the right to murder). There is no way to know what set of rights this amendment refers to.

      10th Amendment: Out the window. (Personally, I wouldn't like the world that would result if we started enforcing it... so I'm glad it's dead.)

    3. Re:This comes about two centuries too late, no ? by rolfwind · · Score: 2, Insightful
      If the Constitution has one overwhelming flaw, it's that amending it is too hard.


      Your perceived flaw is what I consider the greatest thing about the constitution.

      The fact that a piece of paper still holds after 200+ for the most part attests to its strength. That it is not followed completely attests to our own flaws (of the court, people putting up with it, etcetera).
    4. Re:This comes about two centuries too late, no ? by fossa · · Score: 1

      Regarding the 9th Amendment, as I understand things the US Constituion was written under a "if the government isn't explicitly allowed to do it, then it cannot do it" assumption. The Bill of Rights was merely a "ok, these are things the government absolutely definitely cannot do" and was added only becasue many did not like the apparent vagueness of the Consitution. The 9th Amendment is just a clarification of the "if not explicitly allowed, then denied" mode for government powers. Of course, the commerce clause, the taxation amendment (16th), and the changes in senate elections (17th) have arguably resulted in expansion of the scope of the federal government far beyond what was originally intended despite the framers' best intentions.

    5. Re:This comes about two centuries too late, no ? by dal20402 · · Score: 1

      There is nothing sacred about that piece of paper. It was a pioneering, and largely successful, attempt by victims of tyranny to establish a governmental framework that would protect what they saw as their rights more effectively. But it's not magic. It wasn't perfect in the first place, and changes in society over time (most notably, increased urbanism, staggering population growth, and new scientific knowledge) have reduced its relevance.

      Many of the legal efforts to get around the Constitution have been aimed at solving specific, concrete problems in the absence of any possibility of Constitutional amendment. I'd rather see the Constitution amended forthrightly, to keep it up-to-date, than simply circumvented. Of course this would allow the possibility of more frequent changes, including stupid demagogical ones like a flag-burning amendment. Still, it would be nice if laymen could actually understand how the law as it operates relates to Constitutional text.

      The first amendments I'd like to see, all of which I think would solve real problems, and none of which could happen right now:
      1. A population-based Senate that eliminates the systematic bias in favor of rural areas
      2. Explicit codification of the "right to privacy" now derived in a tortured manner from the 1st, 5th, and 14th Amendments
      3. Clarification of the Second Amendment so there is no longer any dispute about our ability to apply common-sense regulations like licensing, registration, and insurance to firearm ownership, as we do for other dangerous tools such as cars, heavy equipment, etc.
      4. A mechanism for exclusively public financing of campaigns, to increase elected officials' responsiveness to voters rather than money

      Of course, your politics may vary, but I think we can agree that law and reality should correspond to at least some degree.

    6. Re:This comes about two centuries too late, no ? by Anonymous Coward · · Score: 0

      1. A population-based Senate that eliminates the systematic bias in favor of rural areas This seems like a great idea until you live in a rural area, because once you remove the balance of the senate then the bias swings in favor of the urban areas and rural America becomes ignored and then further deteriorates. The senate was created the way it was so that more sparsely populated areas wouldn't get neglected and basically crushed by the higher populated areas (i.e. so California couldn't get all its elected officials behind an issue that would hurt West Virginia and just use the tyranny of the majority to get its way)
    7. Re:This comes about two centuries too late, no ? by dal20402 · · Score: 1

      ...once you remove the balance of the senate then the bias swings in favor of the urban areas and rural America becomes ignored and then further deteriorates.

      This result does not demonstrate a bias in favor of urban areas, but an accurate reflection of their economic and social importance.

      Under the current regime, as you point out, we subsidize rural residents. (We do the same with suburbanites, but that's an even more difficult political problem requiring a different post...) There is no reason the rest of us should have to pay this subsidy; rural life is not somehow morally superior to other lifestyles, and we as a society have no particular need for rural residents beyond those necessary to keep our farming and recreational operations in business.

      From my perspective, it appears that those in favor of the subsidy of rural life (and therefore of the skewed Senate) simply want the rest of us to underwrite their lifestyle preferences. That would be like me asking rural residents to fund a massive capital expansion of the Boston subway.

      If the lack of rural residents became a problem for America as a whole, its legislative bodies -- even if accurately allocated -- would step in with whatever subsidy was actually necessary for the country's health.

    8. Re:This comes about two centuries too late, no ? by bogjobber · · Score: 1

      I think that what you have there is a solution looking for a problem. Certainly urban areas already have a much larger percentage of the power, just not as large a share as they would have if it wasn't for a non-population based Senate (not sure what the correct terminology is there). Also, I don't think the "subsidies" to rural residents are as large as you make them seem.

      You say, "we as a society have no particular need for rural residents beyond those necessary to keep our farming and recreational operations in business." The language you use makes it seem that you view society as urban and that rural residents are somehow lesser than urban residents. For example (not trying to start a flame war but here it goes), say you were to make the claim "we as a society have no particular need for inner-city residents, beyond those necessary to keep our fast food and housekeeping operations in business." That may not be a perfect example, but you can't separate certain segments of society and try to assess their "value". Our job isn't simply to give the urbanites food and recreation, in fact I find that view extremely condescending. If you look at any minority population (not necessarily an ethnic minority) relative to the rest of society you begin to foster a sense of seclusion and elitism. That is not the way to go.

      I assure you that people living in rural areas are contributing to society as much as those in urban areas. 20% of the US lives in rural areas, and they are serving a practical purpose. You may be surprised to find that in the rural areas, there is also a large feeling that the cities have too much power, as they control policy decisions that have drastic effects on rural residents. I can guarantee in every single election year, the rural residents will be complaining that the cities hold too much sway over the elections. I've seen people with this view even in Wyoming, where the largest city is about 60,000.

      I don't mean to be picking you out specifically, your viewpoint is a very common (and somewhat justified). Compromises like the bicameral legislature we have in the US government satisfies no one completely, but it makes concessions to everybody's interests. That's why it works.

    9. Re:This comes about two centuries too late, no ? by Inthewire · · Score: 0

      If the lack of rural residents became a problem for America as a whole, its legislative bodies -- even if accurately allocated -- would step in with whatever subsidy was actually necessary for the country's health.

      Maybe.
      Maybe not.

      There's nothing that perfectly balances any human system.

      --


      Writers imply. Readers infer.
    10. Re:This comes about two centuries too late, no ? by pushing-robot · · Score: 1

      we as a society have no particular need for rural residents beyond those necessary to keep our farming and recreational operations in business. Bread and Circuses?
      --
      How can I believe you when you tell me what I don't want to hear?
    11. Re:This comes about two centuries too late, no ? by pavera · · Score: 2, Interesting

      In response to number 1....
      Um that's why we have the House.

      Sure the system isn't perfect, but it is a good compromise.

      If we get rid of the Senate (basically what you are proposing, lets just add 100 seats to the house, and do it all based on population) we'd quickly see huge problems. First of all, companies looking to lobby would only have to concentrate on like 3 states... California, New York, and Florida could probably pass just about any legislation they wanted, so if you're a company, move your operations to those states in exchange for a law guaranteeing your profits forever... done, US over.

    12. Re:This comes about two centuries too late, no ? by dal20402 · · Score: 1

      I can understand how my somewhat intemperate comment would make it seem like I view urban residents as "lesser," but that's not how I see it -- my point is actually that they are the same. Especially with modern communications, rural and urban residents can largely do the same work. The issue is economic: people living in rural areas impose costs on society that those in urban areas don't. Most importantly, rural infrastructure, per capita served, is enormously more expensive. Rural communications, to date, have required subsidies in order to be provided at all (this may change as satellite communications grow). Rural life causes (again, per capita) more environmental damage than urban life, in most cases.

      What I don't see is how rural residents create unique value to society, which urban residents are not capable of providing, and which justifies subsidizing those extra costs. The issue is not whether they contribute at all -- it's whether they contribute enough extra to justify something like the current Senate structure. While I've never lived in a rural area, I suspect the answer is no.

      Let me reiterate that I don't have anything against people choosing to live in rural areas -- I just don't want to pay extra to subsidize them, as I do now, solely because they are making a lifestyle choice.

      As for the size of the subsidies in question, here's some data at the state level, which is where the structure of the Senate is making a difference. My two home states are Washington and Massachusetts... in both cases, the Senate is instrumental in transferring our wealth to places like Alaska and West Virginia.

    13. Re:This comes about two centuries too late, no ? by eglamkowski · · Score: 1

      They should have wondered about this a long time ago, before there were weapons all over the country, no ?

      Huh? There were always weapons all over the country. 200 years ago, most of the country was still wilderness and guns were essential survival tools, whether against Indians, bears, or rustlers. The pervasiveness of guns in the US was notable even into the 20th century, where during WWI our troops had an advantage in marksmanship over the Germans (and the French and British, which is why it was so demoralizing to the Germans - they hadn't had to contend with such level of shooting skill in the years before the US entered the war).

      Even today there are some parts of the US still remote enough and wilderness enough where guns would be considered essential for survival. Out in Montana or Idaho or Alaska, for example, there's plenty of wilderness, lots of potentially dangerous wild animals, and lots of small, isolated communities and loners at risk from those animals.

      --
      Government IS the problem.
    14. Re:This comes about two centuries too late, no ? by eglamkowski · · Score: 1

      Here in Georgia there's always big feuds between the city of Atlanta (half the state's population in one city) versus, oh, the entire rest of the state, almost all of which is rural agrarian. The farmers always complain The City has too much influence on state politics.

      --
      Government IS the problem.
    15. Re:This comes about two centuries too late, no ? by eglamkowski · · Score: 1

      And yet in your data set provided you will find your share of rural states giving more to the feds than they get back (e.g. NH, GA, IL, MN, NV, WI, etc. etc.), so it fails to make the point as strongly as you'd like.

      But it's not terribly meaningful to break out the state data like it is there. Consider for example Virginia, which gets way more money than it takes in. It's both very densely urban, in the northeast part of the state, and extremely sparsely rural, in the southwest part of the state. I suspect much of the money it gets from the feds, however, has less to do with the rural areas being subsidized as it does the urban areas for their proximity to DC and national politics.

      Same thing with Maryland.

      Hawaii is another good example - while some of the islands are rural and sparsely populated, I would expect most of the "excess" money it gets is in relation to the military installations rather than to subsidizing the rural areas.

      So that data isn't really all it's cracked up to be.

      --
      Government IS the problem.
    16. Re:This comes about two centuries too late, no ? by eglamkowski · · Score: 1

      Explicit codification of the "right to privacy" now derived in a tortured manner from the 1st, 5th, and 14th Amendments

      Try the 9th and 10th amendments. The problem isn't that we don't have an explicit right to privacy, it's that people no longer understand the underlying basis for the operation of the constitution (the federal government is assumed to have no powers, except those explicitly granted it by the constitution - today people seem to think of it as being that the feds have all the power except those explicitly protected against).

      Of course you can't expect the government to teach us the correct understanding - they only stand to lose from that! I'll spare you the rant against government (i.e. "public") schools :-p

      --
      Government IS the problem.
    17. Re:This comes about two centuries too late, no ? by dtfinch · · Score: 1

      Keith Olbermann said it:
      http://youtube.com/watch?v=e7B6eLNRRmE

    18. Re:This comes about two centuries too late, no ? by 99BottlesOfBeerInMyF · · Score: 1

      9th Amendment: Too vague to be meaningful. Surely "the people" don't have every conceivable right (e.g. they don't have the right to murder). There is no way to know what set of rights this amendment refers to.

      I think you're misconstruing this. Your example of "the people" and a right to commit murder is flawed because this speaks to what rights the government has. Laws against murder, for example, are mitigating a conflict of rights between individuals citizens (the people). The people (as opposed to the state) absolutely do have a right to commit murder, it just so happens that that right conflicts with other citizens' rights to not be murdered and thus the courts pass laws to clearly define where one person's rights end and another person's rights begin. Your error is in thinking this amendment is giving citizen's carte blanch to walk over the rights of other citizens, when in fact it is saying that the government can't do that except in specific ways.

  19. More guns for the US by Anonymous Coward · · Score: 2, Insightful

    As a non-American I am all in favour of lots of guns there. Because of the huge number of shootings the GSW medical tech has improved immensely. Doctors from all over the world go to the US to learn about it. If they don't get shot they return home with valuable skills. Of course there aren't so many shooting at home but still could come in handy. So keep that 2nd Amendment, I say.

    1. Re:More guns for the US by Wes+Janson · · Score: 1

      Actually, I get the impression that if you want to learn combat medicine first-hand, you go to South Africa. I think some of the security contractors do that for medical training.

    2. Re:More guns for the US by Anonymous Coward · · Score: 0

      On what grounds is the parent modded insightful? His post is funny at best, and certainly not +3 funny. His statement about doctors coming to the U.S. to learn to treat Gun Shot Wounds is patently absurd, and I doubt very much if he has any supporting citations for it. This is why I refuse to get a slashdot account, too much eurotrash and too few people who are capable of critical thinking. You'd think a group of nerds would have at least some ability to reason, but actually Slashdot is like one big Non Sequitur.

  20. Military vs. Sporting use by Spetiam · · Score: 3, Insightful

    i think there's little argument that the 2nd amendment was articulated to guarantee the ability of a free people to defend themselves against and even overthrow an unjust aggressor or ruling entity.

    Which is fine...except that if the ruling entity--or those on its payroll--is the only one with weapons of war, then the 2nd amendment doesn't mean diddly to the commoners. Why do we have the "bill of rights," anyhow? It certainly isn't there to protect the rights of the rulers over their subjects. The 2nd amendment is meaningless unless it guarantees the right of private citizens to "keep and carry arms wherever they [go]" (quoth the majority in Dred Scott, horrified that blacks would be able to "keep and carry arms wherever they went" if they were recognized as citizens).

    1. Re:Military vs. Sporting use by Anonymous Coward · · Score: 0
      Why do we have the "bill of rights," anyhow? It certainly isn't there to protect the rights of the rulers over their subjects.
      I have neither the stamina nor the incentive to get involved in a second amendment debate. But I will say this: democracy, like every other system of government, is simply a system of government. And a government is a way of regulating society, such that the masses do not overly interrupt the work of the important. Telling people they have a role in the world - indeed, giving them a role, however ineffectual it may be- is a great way to get a docile populace. And it works: America has survived over 200 years, with only major insurrection (the Civil War) which was, greatly simplified, caused by the South not believing it had any power (since Lincoln was elected without any southern states).

      But let's not get into the illusion that democracy exists to empower the people because some philosopher decided, "oh, everyone should have an equal voice." People are not equal, and trying to make them equal is idiotic. But giving everyone the illusion of equality, you can get all the people who would normally cause fusses to step out the way and let those who are more-equal-than-everyone-else get their work done.
    2. Re:Military vs. Sporting use by Spetiam · · Score: 1

      Democracy (even though that's not technically what we have here) doesn't necessarily exist to empower the people, but the bill of rights *does* exist to articulate several essential liberties with which the masses are "endowed by their Creator." (Yes, I know that's a different document.) The 2nd amendment just recognizes that the masses are entitled by birthright to the keep and carry the means to protect themselves against the important people--violently, if necessary.

    3. Re:Military vs. Sporting use by mark-t · · Score: 1

      I am compelled to conclude that the general idea behind the 2nd ammendment was to ensure that in the event of an invasion that the invaders would have to do far more than just take over the governmental body to take over the nation, and that the effort of trying to control that many people having weapons would not be practical, which would cancel most incentives another nation might have to invade the USA in the first place. Remember, this ammendment was made back in the days when the military was not at the forefront of technological sophistication as it is today, so it was not at all infeasable for an armed person at the time to be able to potentially completely defend himself from virtually any other armed invader.

      Today... what good are guns against tanks, or missiles? Even if they were legal to own, how many people could actually afford them? The fact is that the 2nd ammendment did not take into consideration that the technology for constructing arms would become so entirely unevenly distributed simply based on wealth. Indeed, at the time they had no reason to expect that it ever would, as a rich man might have been able to buy more soldiers, but each soldier would have no better weaponry than any individual soldier in a much poorer man's army.

    4. Re:Military vs. Sporting use by Fnkmaster · · Score: 1

      i think there's little argument that the 2nd amendment was articulated to guarantee the ability of a free people to defend themselves against and even overthrow an unjust aggressor or ruling entity.

      I agree, but does that give the right to an *individual* to decide when his mayor, Governor, President, or police chief needs to be "overthrown"? Or does it mean that collectively, a people should have the right to decide that they are being treated unjustly and to collectively decide to go to war with an unjust aggressor or ruling entity?

      I would argue the latter. I don't think carrying around a piece wherever you go relates at all to the right of the people to overthrow an unjust government. That just invites somebody to decide after a few drinks that somebody else is an "unjust aggressor" or that the local police are an "unjust ruling entity".

      So I'm not sure why the right to "keep and carry arms wherever they go" helps us create a more just society, or what that has to do with the goals you mention. I know I wouldn't want to live in the frontier West or any society where people carry guns with them all the time.

    5. Re:Military vs. Sporting use by maxume · · Score: 1

      It depends on how federalist you want to be. Lots of anti gun laws are pretty local, and it seems worthwhile to wonder about whether California, Texas and New York get to tell Ohio how the constitution applies to them. My guess is that the founders would say they wouldn't, but a bunch of people might chime in here and tell me how stupid I am. Guns are usually a no-no on federally funded university campuses, to provide a counterexample to my point. Ramble ramble.

      --
      Nerd rage is the funniest rage.
    6. Re:Military vs. Sporting use by Spetiam · · Score: 1
      So I'm not sure why the right to "keep and carry arms wherever they go" helps us create a more just society


      It helps prevent abuse of the people by an unjust government. Systematic disarmament of the target population is standard operating procedure for tyrannical and genocidal regimes. The right to self defense can't be exercised if you don't have the means with which to do it. Before you go and say, "that can't happen here, we're civilized," it already has happened (gun control is a Jim Crow law, in its inception). And this leads me to believe you really don't think we are civilized:

      That just invites somebody to decide after a few drinks that somebody else is an "unjust aggressor" or that the local police are an "unjust ruling entity".


      Well, maybe in your world.

      In my gun-owning world, however, there are these things called "common sense," "responsibility," and "respect."
    7. Re:Military vs. Sporting use by Dun+Malg · · Score: 1

      except that if the ruling entity--or those on its payroll--is the only one with weapons of war, Actually, the ones who physically have those weapons (the folks in the military) are "commoners" themselves, charged with defending the people. It's pretty difficult to turn a military like that against the populace, as they will have a tendency to switch sides. Really the only group that the government has trained as opposition to the people is law enforcement. We only need to be able to resist the police for a revolution to work. Police aren't really any better armed than the populace at large-- which is as it should be.
      --
      If a job's not worth doing, it's not worth doing right.
    8. Re:Military vs. Sporting use by Metzli · · Score: 1

      It's interesting, I don't live in "the frontier West" but I live in a society where people carry guns with them almost all the time. With the exceptions of certain places (bars, schools, places where the owner specifically says no) they carry a firearm on them at all times.

      --
      "It's too bad stupidity isn't painful." - A. S. LaVey
    9. Re:Military vs. Sporting use by mrchaotica · · Score: 1
      Today... what good are guns against tanks, or missiles?

      Ask an Iraqi [terrorist|patriot] (take your pick).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    10. Re:Military vs. Sporting use by Hawthorne01 · · Score: 1
      Take a look at what the Boers did with "sporting arms" against the British at the turn of the last century. Or what the "snipers" in Iraq are doing to US servicemen there. In reality, those 'snipers' wouldn't even make decent deer hunters: they're spraying and praying with an AK-47 at under 200 yards, and still managing to kill large amounts of military personnel.

      In my garage, unloaded and under lock and key (I have kids) is an M1903 Springfield .30-06 rifle with a 4x Leopold scope. A decent shooter, armed with that and playing their cards right, could give upwards of an infantry platoon a very bad day.

      The Continental Army did not start out as an organized, military force: It began as farmers and freemen, sniping with their sporting arms from wherever they could. And much the same exists today. What matters is the willpower not to become a victim.
      --
      "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
    11. Re:Military vs. Sporting use by jinxidoru · · Score: 1

      It appears that there is, in fact, not just a "little argument," but a lot of argument as to the purpose of the 2nd amendment. I don't believe that the reason you sited is true and I can give you a lot more people who would probably also take issue with your interpretation of the purpose behind the 2nd amendment. If there was in fact "little argument," then we wouldn't have the issues that we have right now.

      And regardless of what the Founding Fathers wanted, we have to decide what works for us today. The constitution was, in my opinion, intentionally vague on many issues. The Founding Fathers could have made the 2nd amendment two hundred pages long, explaining all of the different contingencies. But they didn't. They made it vague enough that it can fit with changing times and practices. It's a much different world than the one in which the Bill of Rights was written. We need to stop worrying about what the Founding Fathers want and start thinking about what will continue to ensure the greatness of this nation in which we live.

    12. Re:Military vs. Sporting use by bar-agent · · Score: 1

      Today... what good are guns against tanks, or missiles? Even if they were legal to own, how many people could actually afford them?

      Well, that depends on how broadly you construe the term "guns." A rocket launcher is pretty darn effective, and I might be able to afford one if my local gun shops could start selling 'em.

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
    13. Re:Military vs. Sporting use by nine-times · · Score: 1

      I am compelled to conclude that the general idea behind the 2nd ammendment was to ensure that in the event of an invasion...

      I think you're on the wrong track already. The 2nd amendment (and the entire bill of rights) was intended to protect the people against the government itself from getting out of control. Many of the personal freedoms acknowledged by the constitution and bill of rights give people the ability to conspire against and fight even a legitimate and lawful government.

    14. Re:Military vs. Sporting use by Spetiam · · Score: 1

      The more you try to make the constitution a living document, the more you bury it.

      Words have meaning, but if you change the meaning of words to fit your agenda in a particular situation, your words become meaningless.

      So too the constitution. If you want to change the meaning of the constitution, you change its words (through the amendment process, duh). If you want to destroy the constitution, then make it arbitrary and ephemeral, to be changed on a whim without due process or accountability.

      Or, in your living document language:

      Meaning process you the the particular due if. Too the changed a be accountability. Words your amendment a. Arbitrary want without on meaningless the fit, constitution duh make, agenda meaning so a its the or whim.

    15. Re:Military vs. Sporting use by mark-t · · Score: 1

      That is a very common interpretation. However, I cannot see that there is any basis to conclude that, particularly in the context of the time at which the ammendment was written. Look at the actual text of the ammendment for a moment...

      "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."

      Notice that the entire subject of this ammendment is actually about a "well regulated militia" and the very definition of militia connotes defense against invaders. The right of the people to keep and bear arms is explicitly mentioned to ensure that the well regulated militia is maintained. Again, one must recall the time at which these ammedments were written, and this interpretation makes far more sense than to assume that it is actually for the purpose of keeping the government itself in control (the constitution itself is supposed to do that, and if it ever really fails to do so, arms are unlikely to help matters, any more than arms could make any difference at all to the values that the consitution was written in the first place to uphold).

    16. Re:Military vs. Sporting use by nine-times · · Score: 1

      But why, then, this phrase: "being necessary to the security of a Free State"? So the amendment is suggestion that it's necessary to have a military force separate from the official army, and implying that this is inherently necessary for a "Free" state. What is the connection between non-governmental military power and freedom, and how could one possibly be necessary for the other?

      The only interpretation possible, I think, is that the writer believed that it was necessary for common people to arm themselves against the government.

      Think again of the context in which it was written. America had only been formed about a decade before, from a collection of colonies who rebelled against a government they found oppressive. The American government was formed in opposition to the British government-- many of the explicit principles in the Declaration of Independence, Constitution, and Bill of Rights were set to limit governmental powers to prevent the abuses of power which the British government had visited on the colonies.

      For example, one of the amendments you don't really hear about is the third, which prohibits the government from quartering soldiers in people's houses. Why on earth would such an obscure idea be put along side the freedom of speech? The reason is, the British government had done exactly that. They forced people to take soldiers into their homes, which caused problems for the would-be rebels.

      Given the context, it's obvious that the Bill of Rights was meant to prohibit the then-new American government from having the ability to use tactics that the British government used to try to quell the American rebellion. Therefore, I find it hard to doubt that the intention was to preserve the ability of the people to rebel against a government they don't like. Especially so, when you consider that many of the "founding fathers" were fans of Locke, who argued that men had a right to rebel against bad governments.

    17. Re:Military vs. Sporting use by mark-t · · Score: 1

      You and I disagree. This much is clear.

      Regardless, I would rather hope that this issue is dismissed by the court as something it should not rule on, simply because a final ruling on this matter at this point has the undesirable potential to start another civil war within the US... but this time the boundaries will not be between the north and south, it will be neighbor against neighbor.

  21. Basic English, please by Quila · · Score: 4, Insightful
    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 2nd Amendment states a right (keep and bear arms) that cannot be infringed. That's it -- no infringement, period. The introductory phrase states a reason for stating this right, but "shall not be infringed" is an absolute. Note it doesn't grant the right; it considers that right, along with "The right of the people to be secure in their persons, houses, papers, and effects" and others to be inherent, above government powers, and says the government will not infringe on them.
    1. Re:Basic English, please by jay2003 · · Score: 2, Insightful

      So government can not stop you from owning nuclear weapon? A nuclear device is an arm and if you have an absolute right to bear arms, you have a right to nuclear weapons. Not mention tanks, F16s, etc. I feel safer already.

      Of course if we combine your view of an absolute right with originalist interpretation of the Constitution you only have a right to a musket but not a modern rifle. I don't see how an expansive (to modern weapons) absolute interpretation could not include nukes.

      The reason your argument if flawed is there are no extra words in the Constitution. It's an extremely terse document and you are interpreting "well regulated militia" to mean nothing.

    2. Re:Basic English, please by buzzn · · Score: 1

      Correct, the right to bear arms shall not be infringed, under any circumstances... so then, it is clear that we have the right to carry around nerve gas, dirty bombs, nuclear weapons of all shapes and sizes, cruise missiles, howitzers, heavy machine guns, tanks, bazookas, battleships, chemical and biological weapons, as well as box cutters... whenever, and wherever we please. And if the feds get in our way, then they must be a dictatorship and we can open up a can of whoopass on them. Oh, but none of those things were invented when the Constitution was written, and some sort of limitations seem absolutely reasonable, don't they? Hm, that is a bit of a dilemma, isn't it... maybe instead of blindly applying the language, we ought to interpret it in the of the social and technological context of the modern day.

      --
      Join the window installer's union, where prosperity is a brick throw away!
    3. Re:Basic English, please by Hubbell · · Score: 1

      The *only* weapons that should be outlawed among civilians are WMD's. Up to that, anything goes. Back when the 2nd amendment was written the military had no weapons more powerful than could be owned by civilians. Civilians had their own armies and navies, and they proved crucial in the Revolutionary War.

    4. Re:Basic English, please by Anonymous Coward · · Score: 0

      By well regulated, the authors of the second meant well trained.

    5. Re:Basic English, please by spitzak · · Score: 1

      A gun that could kill more than one person might be considered a WMD. It gets kind of hard to define the boundaries.

    6. Re:Basic English, please by hoxford · · Score: 2, Insightful

      maybe instead of blindly applying the language, we ought to interpret it in the of the social and technological context of the modern day.

      No, because then you wind up with laws based on the whims of whatever administration that came before you. Interpretations are whishy-washy nonsense that depend far too much on a very few people's opinions. The perfect example is Bush's "interpretation" of executive powers and how that will now affect future administrations.

      If parts of the Constitution no longer fit with the "social and technological context of the modern day" as written, what should be done is to use the mechanisms described in the document to change it. Then it's an overt, above board process that everyone gets to participate in.

    7. Re:Basic English, please by jay2003 · · Score: 1

      WMD is arbitrary distinction not found in the Constitution. Either 2nd amendment allows the government to make distinctions about weapons reasonable for civilian to own or it does not. Washington DC deciding that distinction is that single shot long barrel rifles are the only reasonable weapon is no more or less valid than your WMD distinction. The courts get to decide what a reasonable restriction is. Anyone who is not a trained Constitutional lawyer or jurist making declarations on what reasonable restrictions are especially when the Supreme Court has not ruled on the issue in 70 years is lacks credibility and shows a lot of hubris.

      Under your view, anyone could own a F-16 with 2000 pound bombs. Any weapon that can owned by the government can (outside of government regulation) be owned by a civilian. Some weapons are too expensive for most civilians to own however the Larry Ellisons Bill Gates of the world could afford just about any weapon. Armed fighter planes is not an academic argument. Ellison owns and fliess a Russian fighter. The federal government required him to modify it so it could not carry any weapons.

    8. Re:Basic English, please by jay2003 · · Score: 1

      Then why doesn't the constitution say trained? They are not synonyms. I serious doubt you could find any military office who would say "well regulated" and "well trained" are semantically equivalent. Additionally, you haven't dealt with the militia term.

    9. Re:Basic English, please by Boronx · · Score: 1

      Maybe the legal test should be that uninfringed weapons have to be of the sort associated with militias, which in this day and age would mean assault rifles, machine guns, rpgs, maybe light armor, possibly shoulder fired SAMs, sniper rifles, plus any lighter weapons.

    10. Re:Basic English, please by Overzeetop · · Score: 1

      Well, going back to basic English - the second amendment does not parse into a sentence.

      You have four clauses separated by commas. Since two clauses directly adjacent and separated solely by comma cannot form both the subject and predicate. Yet the only subject which logically agrees with the predicate (though passive) are in the last two clauses. But that's really just technicality.

      More to the point, if the intent were that anyone may own a firearm (okay, that the govenment may not prevnt someone from owning a firearm), why even bother with the introductory clauses? None of the other 10 amendments in the BOR list a reason for the right; why this one? How can felons be banned from owning firearms under your interpretation? The mentally incompetent? Aircraft passengers?

      Clearly there is a disconnect that, since the writers are all dead, we will never sort out. However, I think you may be leaning a little far outside the mainstream on this one.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    11. Re:Basic English, please by Slithe · · Score: 1

      Because, in the 18th century, they WERE synonyms.

      --
      ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    12. Re:Basic English, please by mrchaotica · · Score: 3, Insightful
      So government can not stop you from owning nuclear weapon?

      Now you're catching on!

      Of course if we combine your view of an absolute right with originalist interpretation of the Constitution you only have a right to a musket but not a modern rifle.

      Where in the Second Amendment does it make any mention whatsoever of limitations about the type of arms? Answer: it doesn't. Therefore, any form of armament was allowed then, and any form of armament is allowed now.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    13. Re:Basic English, please by BigPaise · · Score: 1

      The real question is: what does the second amendment mean after translation to Spanish?

    14. Re:Basic English, please by GileadGreene · · Score: 1

      Fortunately, we have all sorts of additional commentary from the framers which helps to elucidate their intent in writing the 2nd amendment.

    15. Re:Basic English, please by oyenstikker · · Score: 1

      Most intelligent people are leaning a little far outside of the mainstream on many issues. What makes you think the mainstream is not the problem?

      --
      The masses are the crack whores of religion.
    16. Re:Basic English, please by hitchhacker · · Score: 1


      I always liked the idea that people are allowed to own any weapon that their government is allowed to own.

      Responsibility is still there, of course.
      1 girl with a suitcase nuke in the middle of NYC bypasses all notion of responsibility.

      So... what do we do? Seems a bit obvious to me. At the state and local level, prohibit such arms from being allowed in dense populations. Notice this doesn't apply to arms that can't resonably bypass responsibility. The damage caused by simpler weapons such as handguns can be alleviated (most of the time) via state/local laws for violating others rights.

      And yes.. this would violate the second ammendment, IMO, but it's the best compromise I can think of. I'm a libertarian to the core, but the situation above just cannot be allowed for one reason: lack of extreme responsibility.

      -metric

    17. Re:Basic English, please by jadavis · · Score: 1

      It's just a reason, and a right. The reason says "well regulated militia", but the right says "the people". "Regulated" probably meant closer to "organized", as in, people organizing themselves, not the government organizing people.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    18. Re:Basic English, please by m50d · · Score: 1
      Notice the word "being" in there? That's an if-then clause. If a well regulated militia is necessary to the security of a free state, then the right of the people to keep and bear arms shall not be infringed. You can check with the other places "being" is used in the constitution.

      And personally, I'd say these days such a militia isn't needed.

      --
      I am trolling
    19. Re:Basic English, please by Anonymous Coward · · Score: 0

      Indeed, a pure set theory point of view this sentence is exactly the same as for example: "Two times two being equal four, the right of the people to keep and bear arms, shall not be infringed."

    20. Re:Basic English, please by eglamkowski · · Score: 1

      Congress has the authority to grant letters of marque and reprisal. This means letting private individuals own warships to hunt down enemy merchants.

      In the 18th century, naval warships were indeed the most powerful weapons of the day, and the constitution specifically considers that private citizens could, would and should own them. Note the letters of marque aren't about letting private citizens gain access to warships, it's about letting private citizens use warships to attack ships of other nations. The only thing that stopped private citizens from owning warships in times of peace was the cost, not the constitution.

      As an interesting aside, Ron Paul introduced two bill into Congress in October 2001 (H.R. 3074, Air Piracy Reprisal and Capture Act of 2001, and H.R. 3076, September 11 Marque and Reprisal Act of 2001) in contemplation of letting private US citizens hunt down terrorists on their own (and keep any loot, er, terrorist owned assets they found along the way).

      --
      Government IS the problem.
    21. Re:Basic English, please by Warshadow · · Score: 1

      Anyone can own an F16. The bombs on the otherhand may be a bit tougher to come by.

    22. Re:Basic English, please by Anonymous Coward · · Score: 0

      You have the right to keep and bear arms. That does not automatically extend to any arms that you may wish to have. On the other hand, it presumably must include more than just air guns. This isn't rocket science, but determining whether a given regulation (for example: the restriction on automatic weapons sales) is or is not valid under the Second Amendment can be a difficult issue for courts.

    23. Re:Basic English, please by CrimsonAvenger · · Score: 2, Insightful
      Then why doesn't the constitution say trained? They are not synonyms

      Back then, "trained" applied to the direction you were pointing your weapon, not to what we would now consider the proper meaning of "trained".

      Charles II of England, described St. Paul's Cathedral as "Awful, pompous, and artificial". At the time, those words were compliments. Awful being equivalent to modern awesome, pompous to "full of grandeur", and artificial meaning "ingenious and man-made".

      Face it, words change their meaning. After all, "bad" means "good", right? Except when it means "really good". Or "tough". Though we must admit it still means "bad" sometimes.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  22. What?!@ by drewzhrodague · · Score: 2, Insightful

    The mass ownership of guns is one of the leading causes of terror and misery in our society.

    Really? How do you come to this conclusion?

    I would think that assholes behind the wheel of the giant SUVs provide me with more terror and misery than anything else I can think of off hand. In fact, I get quite a bit of amusement out of shooting computers with my gun, not feelings of terror. Maybe the computers I shoot feel terror?

    --
    Zhrodague.net - I do projects and stuff too.
    1. Re:What?!@ by Toby+The+Economist · · Score: 1

      > Really? How do you come to this conclusion?

      By the count of the dead and wounded and the suffering of those who survive and those who saw the violence and lost those who they love.

    2. Re:What?!@ by Original+Replica · · Score: 1

      "The mass ownership of guns is one of the leading causes of terror and misery in our society."

      I always thought that arrogant old men with power were the leading cause of terror and misery in the world, through out history. Maybe the people should question the governments right to own guns? Really.

      --
      We are all just people.
    3. Re:What?!@ by drewzhrodague · · Score: 1

      > Really? How do you come to this conclusion?

      By the count of the dead and wounded and the suffering of those who survive and those who saw the violence and lost those who they love.


      Compare the count of the dead and wounded from non-military gun crimes/accidents/etc with car accidents, Iraq, Afghanistan, or even crack fun in the ghetto. Which one comes out the winner?

      --
      Zhrodague.net - I do projects and stuff too.
    4. Re:What?!@ by Anonymous Coward · · Score: 0

      More dead criminals, the better.

    5. Re:What?!@ by Money+for+Nothin' · · Score: 1

      > Really? How do you come to this conclusion?

      By the count of the dead and wounded and the suffering of those who survive and those who saw the violence and lost those who they love.

      About 10,000 people die per year in the U.S. because of a firearms-related cause.

      However, about 40,000 people die per year due to automobile accidents. Should we ban the use of the automobile because 4 times as many people die from its use as from the use of firearms, which you claim are a "source of terror" in America?

      250,000 die per year because ambulances can't arrive to the hospital on time. Conclude as you wish from this (hospital is too far away? roads are too crowded? ambulances should have more life-saving equipment on-board? all of the above?)

      430,000 die per year due to smoking-related causes. Should we ban smoking, simply because people die from it?

      And around 4,000 die in swimming pools. Should we ban swimming pools because people drown in them?

      Try taking your economic rationality (if you've enabled it for this discussion) and considering the other, more-mundane reasons people die in the U.S., and put firearm-related deaths in perspective. There are a plenty of areas where bigger gains in human life loss-reduction can be made than in gun-related incidents. Don't pull the Bush-style "terrorism" approach out and inflate the horror of a problem when it, when compared to other issues, is really a pretty trivial issue (at least for now, in the case of terrorism. Individual gun ownership, however, is not a trend prone to increasingly-large spikes of deadliness over time, unlike terrorism. But that's a different debate...).
    6. Re:What?!@ by feed_me_cereal · · Score: 1
      You're oversimplifying the situation, and you're smart enough to know it.

      Should we ban the use of the automobile because 4 times as many people die from its use as from the use of firearms, which you claim are a "source of terror" in America?
      You're ignoring the cost-benefit analyis of owning guns vs having cars. It's obviously more detrimental to throw away our transportation system than guns. England banned guns, and obviously they havent decended into the chaos that giving up roads would lead to.

      250,000 die per year because ambulances can't arrive to the hospital on time. Conclude as you wish from this (hospital is too far away? roads are too crowded? ambulances should have more life-saving equipment on-board? all of the above?)

      All of the above. What's your point?

      430,000 die per year due to smoking-related causes. Should we ban smoking, simply because people die from it?

      In a limited way, yes. There is little social value to be gained from allowing smoking. Even most smokers will tell you that; that's why the public smoking bans have been such a success. An outright ban would infringe on peoples right to kill themselves any way they see fit, so I wouldn't necesarily be for that (though I think it's also more complicated than just that), but that's different from the issue of people killing other people with guns.

      And around 4,000 die in swimming pools. Should we ban swimming pools because people drown in them?

      These people are, for the most part, neglegent, and only harm themselves. In all the other cases, they probably broke the law, or are at least punishable in a civil offense, so it's basically already illegal. Nothing left to do.

      I'm actually for the right to bear arms, but it's silly to say it's the exact same situation as all these others. It's not, and its intelectually lazy to conflate them all together.
      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    7. Re:What?!@ by Money+for+Nothin' · · Score: 1

      England banned guns, and obviously they havent decended into the chaos that giving up roads would lead to.

      Incorrect. England banned handguns, not all guns, categorically.

      All of the above. What's your point?

      So that's more people than die in gun crimes. About 25 times more. Crisply-rational statistical reasoning suggests we focus more on that problem than problems with lesser numbers of deaths (and, in turn, focus more on problems with even more deaths than the in-transit ambulance death rate).

      In a limited way, yes.

      Life is risky. All things are dangerous. Prison inmates can kill you with a plastic knife; cops chasing a speeder through your neighborhood could run over your daughter by mistake; your burger at Burger King could be undercooked and give you e.Coli; the pump you use at the gas station could be set afire by the idiot on the other side of the pump from you, possibly giving you burns. And so on. The world is not a NERF'd place for you to play.

      That smoking, guns, or anything else are dangerous is not a sufficient reason for banning it. Only where one person's use of some object infringes on the liberty of another person is there any reasonable grounds for regulation... (So, smoking in public buildings, such as govn't offices, is reasonable. Same goes for public streets and roadways. But restaurants, bars, and the like, being privately-owned and voluntarily-attended by its patrons and employees, are not worthy of the kind of anti-smoking regulation we've seen in recent years.)

      (And yes, I have had multiple relatives die of smoking-related illnesses, so you can check any "heartless libertarian" editorializing you might have at the door. They chose to smoke, and, in one of their cases, they knew about the dangers of smoking before most of the public did, in large part because my father has expert knowledge that )

      I'm actually for the right to bear arms, but it's silly to say it's the exact same situation as all these others. It's not, and its intelectually lazy to conflate them all together.

      To say they are the same was never my argument in the first place. My argument is that there are other problems of greater numerical impact than gun crimes, and as such, we should be focused on reducing them before others.

      Start with the biggest problems first, and work your way down to lesser problems; to do anything else is to miss the forest for the trees... And with other problems having 10, 20, 40 or more times more impact than gun crimes, it seems to me the rational thing to do is to give those our greatest focus, with diminishing levels of focus for problems of lesser impact (i.e., I'm not saying we shouldn't focus *at all* on gun crimes either; only, it should not be anywhere near the top of our list of priorities, given the lesser magnitude).
  23. Colonial Militia... by __aaclcg7560 · · Score: 4, Insightful

    Jerry Pournelle mentioned in a panel debate at Baycon 2006 that the colonial government provided guns and ammo to the citizens (whether they wanted it or not) in case self-defense against a common enemy was needed and that was the original definition of "a well regulated militia". If so, maybe the government today should require every 18-year-old to serve two years in the military and let them keep their gun after their service. You kill three birds with one bullet: everyone in time will have the proper training for using their gun (which should reduce accidents), be armed for self-defense (which should reduce crime) and the whole stupid 2nd Amendment will be gone. Just an idea.

    1. Re:Colonial Militia... by bigdavex · · Score: 1

      If so, maybe the government today should require every 18-year-old to serve two years in the military and let them keep their gun after their service.

      I'm going to guess that you're over 18.

      I don't think it's right to require a person to put his life on the line for a commander-in-chief he didn't even get a chance to vote against.
      --
      -Dave
    2. Re:Colonial Militia... by Barnoid · · Score: 2, Informative
      if so, maybe the government today should require every 18-year-old to serve two years in the military and let them keep their gun after their service. You kill three birds with one bullet: everyone in time will have the proper training for using their gun (which should reduce accidents), be armed for self-defense (which should reduce crime) and the whole stupid 2nd Amendment will be gone. Just an idea.


      That's exactly how the Swiss army works. Every 20-year old serves one year and then keeps his rifle at home, including ammunition. Every year, each one has to go to the shooting stand and fire a couple of bullets. At around 40, when they are finally discharched, one can choose to keep the gun or return it. There is no such thing as a 2nd ammendment.

      Since Switzerland has no standing army, the idea here is that, in case of a mobilization, the soldiers are already armed. Whether this still makes sense or not is an ongoing debate.
    3. Re:Colonial Militia... by Anonymous Coward · · Score: 0

      ah yes, mandatory two years in a brainwashing machine. that'll work.

    4. Re:Colonial Militia... by Artifakt · · Score: 2, Funny

      Let's see - I'm on the record as qualified (Marksman or better, mostly a damned sight better) with M-16 (-A1 or -A2, either), SAW, M-203 grenade launcher, M72-A2 LAW (with coupler), M-2 and M-60 machine guns, the old M-3 "grease gun", and various .45 or 9 mm pistols. I'm 'familiarized' with a bunch of the more modern anti-tank weapons, machine guns, and a bunch of European equivalents too. Can I have one of each?
      (And really I should get a 1/4 share of an M1-A2 Abrams MBT too, as I've qualified in all four seats at various times. We could probably rotate that one, leave it parked in a different guy's driveway each month or something. So does my state need to start issueing driver's liscences for those?)

      --
      Who is John Cabal?
    5. Re:Colonial Militia... by jez9999 · · Score: 1

      Would this have been able to happen so easily if Switzerland wasn't so gun-totin'?

    6. Re:Colonial Militia... by Zelucifer · · Score: 1

      Well, you have half of an idea. I don't see any transition from colonial governments to conscription however. Requiring local defense is not equal to invading foreign bodies.

      --
      The corner of a round room
    7. Re:Colonial Militia... by rolfwind · · Score: 1

      Shit happens.

      Why does everybody believe they can legislate problems away, especially by taking rights away?

      Again, shit happens and will always happen - no matter what.

    8. Re:Colonial Militia... by Anonymous Coward · · Score: 0
      require every 18-year-old to serve two years in the military
      That's a great idea. I'm sure throwing 8 billion man-hours of labor per year into the crapper won't have any negative impact on the economy.
    9. Re:Colonial Militia... by novus+ordo · · Score: 1

      You won't see mandatory service(perhaps ever) for a few reasons. One of those reasons is Vietnam. It's much easier to tell people to fuck off once "they signed up."

      --
      "You're everywhere. You're omnivorous."
    10. Re:Colonial Militia... by __aaclcg7560 · · Score: 1

      Citizenship should be a responsibility instead of something taken for granted. We got a government that demands nothing, we got citizens that demand nothing, and in we're in a video game war in Iraq where the few who volunteered are dying because no one else wants to pay the price for something that's happening "over there".

    11. Re:Colonial Militia... by mrchaotica · · Score: 1

      I think it would be reasonable to require every able-bodied citizen to have served two years in the Reserve, the National Guard (without the possibility of being deployed overseas) or state militia* before they turn 25.

      By the way, I'm 22. This would apply to me!

      *do official ones even exist anymore?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    12. Re:Colonial Militia... by ICA · · Score: 1

      No, it wouldn't. You are absolutely right sir. There is no black market, or foreign market for guns. Thus, if his government had not provided him with his gun, he would have either had to hire Chuck Norris, or simply tickle everyone until they collapsed from laughter.

    13. Re:Colonial Militia... by __aaclcg7560 · · Score: 1

      Old men makes the laws and young men die for the laws. But this isn't about the political process. It's about individual citizens taking responsibility for their role in society. Too many Americans just don't give a damn about anything.

    14. Re:Colonial Militia... by cold+fjord · · Score: 1
      I think the Swiss would give any invader a bad case of indigestion.

      TARGET SWITZERLAND
      When the German Kaiser asked in 1912 what the quarter of a million Swiss militiamen would do if invaded by a half million German soldiers, a Swiss replied: shoot twice and go home.


      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    15. Re:Colonial Militia... by Anonymous Coward · · Score: 0

      Wow ur fat.

  24. Personal safety by MSG · · Score: 5, Informative

    That is bullshit, and I'll tell you why. The courts have established that "Police Have No Duty To Protect Individuals".

    Just reading about the case history behind this makes me spitting mad. It takes a stong constitution to even read that entire compilation.

    Everyone has the right to defend their safety. In my eyes, everyone has the responsibility to defend their safety.

    1. Re:Personal safety by Anonymous Coward · · Score: 0

      Thank you for that link. Now I have even MORE to dislike about the government. It was extremely informative.

      From your local anti-war, anti-death penalty, anti-censorship gun owning greeny/liberal.

  25. well regulated by gorehog · · Score: 4, Interesting

    In the phrase "A well regulated militia" regulated = equipped.

    The idea was that in the event of tyranny or invasion the people could form up and defend themselves. We are guaranteed the right to pursue life, liberty, and happiness. To pursue life one must be able to defend it. That is why we are guaranteed the right to keep and bear arms.

    By now I would have expected the noise about gun control to die down. It's a losing issue for democrats, and gun ownership may well be the only thing that recently stopped the USA from falling into fascist totalitarianism.

    1. Re:well regulated by Timesprout · · Score: 1
      gun ownership may well be the only thing that recently stopped the USA from falling into fascist totalitarianism
      By fascist I assume you are referring to the Neo-Cons but would you care to explain how you came to the conclusion that it was guns and not the US electorate which influenced things.
      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    2. Re:well regulated by buzzn · · Score: 1

      and gun ownership may well be the only thing that recently stopped the USA from falling into fascist totalitarianism

      Oh, that must be why Democrats have been running around the halls of congress with M-16s...

      --
      Join the window installer's union, where prosperity is a brick throw away!
    3. Re:well regulated by YoungHack · · Score: 1

      > We are guaranteed the right to pursue life, liberty, and happiness.

      Technically speaking we are not. You're mixing up the Declaration of Independence with the Constitution, and only the Constitution is law. We are guaranteed the rights of life, liberty, and property. Not quite so romantic and beautiful, but important none-the-less.

    4. Re:well regulated by gorehog · · Score: 1

      Ok, but the main thrust remains. We are guaranteed a right to live, self determination, and property. The second amendment codifies the implied right to defense of those things.

    5. Re:well regulated by gorehog · · Score: 1

      Let me be absolutely clear. The voice of the electorate changed the course of policy when the time came. I am absolutely positive that while we waited for elections the presence of armed and responsible citizens prevented the wholesale use/abuse of insane laws and court decisions. I honestly think that the only reason the eminent domain debacle was stopped in its tracks was because the government does not want to answer questions of why they have to chase armed citizens from their homes. It's certainly not due to strong statesmanship or federal congressional action. In fact, at those levels we have seen increased authorization for federal use of state troops. There has been a confluence of court decisions, laws, and executive branch activity that limits the rights of the people to participate in government, limiting our representation. There have been numerous governmental actions favoring the rights of corporations over individuals, to the extent of removing citizens from their homes and handing the property to commercial developers. The right to physically defend yourself is growing in importance.

      Think of it this way. Where does the true power of a government lie? It lies in the ability to maintain order. Where does the ability to maintain order come from? From the threat of force. Thats why we have armies and police. If the independence of the individual is going to remain as a factor in government then the individual must be a force to consider, hence the need to keep the second amendment. We need it to keep the threat against the government, so politicians and bureaucrats occasionally have to stop and say "The people will never stand for that."

    6. Re:well regulated by Beryllium+Sphere(tm) · · Score: 1

      What's the cause-and-effect link in current US history between private ownership of light weapons and prevention of fascism?

    7. Re:well regulated by Anonymous Coward · · Score: 0

      In a grandfather clock, the "regulator" is the part that keeps the hands from spinning around as fast as the weights can propell them. We all agree that a "well regluated" militia is a good thing. What is it that keeps a militia from spinning out of control?

      Oh yeah, armed people who are NOT members of the militia.

    8. Re:well regulated by Anonymous Coward · · Score: 0

      Actually, in the parlance of the 18th century, "well regulated" meant 'well trained and well equipped.' (Of course, the US Const. 2A only deals with the 'well-equipped' part, specifically, arms.)

    9. Re:well regulated by gorehog · · Score: 1

      As a group, armed citizens frighten politicians. When the policy maker thinks about how to reform elections, or how far the police are allowed to go in making a search the politician must, at some level, consider the possibility of angry armed citizens roaming the streets. When the president proposes a law, when congress passes on it, and when the courts rule on it, they must consider whether or not the decision will send us into revolution.

      Most of the time the issues in question are not serious enough to warrant the consideration of revolution for the government or the people. Sometimes, however, the government goes too far, and the people are obliged to defend themselves.

      It is interesting to note that in places where genocide happens gun abolition goes first.

  26. At the end of the article... by Exsam · · Score: 1

    They ask the question, "If we decide that it's no longer necessary, can we erase any part of the Constitution?" The answer is, Yes. The constitution was made to be altered, revised and rewritten as needed by the society that it governed. In that way it could continue to be relevant and not just a piece of paper. Does that mean that we should abolish this particular amendment? I personally think no, not at this time. At some point in the future however when we have all reached a more enlightened state it may no longer be nessesary to have an armed population. I also find it quite comforting to know that no leader in his right mind would want to invade a country where the amount of firearms available outnumbers the population by a factor of three or more. (thinks of Iraq) My point stands.

    --
    "To face death, that's nothing much. But to feel really stupid when you die, well, that would be insufferable."
    1. Re:At the end of the article... by Anonymous Coward · · Score: 0

      Sorry Charlie. In this case, the answer is "no" because it's one of the first 10 which compose the Bill of Rights. These 10 are "inherent" rights, which the government can not take away.

    2. Re:At the end of the article... by Descalzo · · Score: 1

      The point is not about guns, though, or even about changing the Constitution. The Constitution is meant to be changed. The real point is about how it is changed.

      --
      I cried real tears when Li Mu Bai died.
  27. Leave it to DC by hsmith · · Score: 0, Troll

    Leave it to DC with NO gun rights and one of the highest crime rates in the nation to want to attempt to redefine the 2nd amendment. I wonder if these judges would turn over their sidearms which they carry for personal protection? Oh wait no they won't because they need them for safety. How dare the common folk want the same!

  28. they would say that by Anonymous Coward · · Score: 0

    since their boss (GW bush) has drunk the NRA kook-aid.

  29. the right of the people to bear arms... by Anonymous Coward · · Score: 0
    shall not be infringed.

    'Nuff said.

  30. Misspelling by Tx · · Score: 1

    The 2nd Amendment was actually supposed to confer the "right to bare arms", and was actually intended to protect the tee-shirt and tank top industry. See how important spelling is now, kids?

    --
    Oh no... it's the future.
  31. grand-daddy's rifle by symbolset · · Score: 1
    From reports in the media one would be led to believe that individuals with improvised and small munitions are competing quite successfully against numerous, well equipped, highly trained and well motivated soldiers in at least one current theater of operations.

    You can't have it both ways.

    --
    Help stamp out iliturcy.
    1. Re:grand-daddy's rifle by CRCulver · · Score: 0, Offtopic

      Since when do mortars and automatic rifles count as "small munitions" in the context of our Second Amendment discussion?

    2. Re:grand-daddy's rifle by Spetiam · · Score: 1

      If you're going to interpret the 2nd amendment in military terms, you'd better use military terminology.

    3. Re:grand-daddy's rifle by CRCulver · · Score: 0, Troll

      When Second Amendment advocates talk about the right to bear arms, they exclude the materials mentioned above from the category of acceptable small weaponry.

    4. Re:grand-daddy's rifle by shmlco · · Score: 1

      Heck, "I" can build a mortar. How do you think most 4th of July fireworks displays happen? And plenty of people know how to convert a "civilian" AR15, AK, or Uzi to full-auto.

      As far as that goes, almost anyone who's ever watched Mythbusters probably knows how to make some pretty impressive improvised weapons. Anyone up for some air-canon Molotov cocktails?

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    5. Re:grand-daddy's rifle by knisa · · Score: 1

      Semi-autos, your pappy's deer rifle, etc are all valid methods of defense or offense. They help conserve ammunition and keep you from getting too crazy. Without getting into the NFA, the 2A should allow automatic weapons, the same as the guns we can now legally own.

      Besides, if there was a conflict between the government or an invading force and united States citizens, the first enemy you kill nets you one of those fancy automatic weapons if you lack the skill to properly employ whatever you have.

      --
      This space for rent.
    6. Re:grand-daddy's rifle by erlenic · · Score: 1

      When Second Amendment advocates talk about the right to bear arms, they exclude the materials mentioned above from the category of acceptable small weaponry.

      I don't. The point of the second amendment, as others have said, is to allow the people the ability to take the government to task, brutally if need be, for overrunning our rights. If the government has access to automatic rifles and mortars, why shouldn't I?

    7. Re:grand-daddy's rifle by Spetiam · · Score: 1
      they exclude the materials mentioned above from the category of acceptable small weaponry

      I don't. But I typically don't bring it up, as some people usually aren't willing to have an open mind and look beyond their presuppositions and comfortable ways of thinking.
    8. Re:grand-daddy's rifle by CRCulver · · Score: 0, Troll

      Could you please name a single gun-rights association lobbying Congress for recognition of the right to mortars?

    9. Re:grand-daddy's rifle by mrchaotica · · Score: 1

      No, some Second Amendment advocates do that -- namely, the stupid ones.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    10. Re:grand-daddy's rifle by Spetiam · · Score: 1

      Hang on...first you said "2nd amendment advocates," then you changed it to "gun-rights association."

      I would argue that "gun rights" is a subset of the 2nd (if not an element of the much more essential and unarticulated right to self-defense), not the 2nd amendment itself.

      Anyhow, to sort of answer your question, effective lobbying groups typically take into account the political landscape when they shape and enact their strategy, so actions may not perfectly match ideals at the start.

    11. Re:grand-daddy's rifle by rossifer · · Score: 1
      When Second Amendment advocates talk about the right to bear arms, they exclude the materials mentioned above from the category of acceptable small weaponry.
      Here's another vote against that kind of nonsense. Either the amendment says what it does, or it doesn't. You want to change the 2nd amendment? We've got a process for doing exactly that. I'll be voting against, and I'll know it's time to really get worried if you win.

      I have two specific counter-examples that may help you understand the founder's intentions: Many of ships of the early American navy were privately owned, with privately owned cannons capable of laying siege to forts and costal towns. We only got publically owned naval vessels when we started building dedicated warships Also, the cannon used by the early militias were kept and maintained by private individuals, many times in barns or dedicated armory buildings, because that was so enormously preferable to having them kept and held by a professional military. In both cases, the most powerful military weapons of the day were deliberately entrusted to private ownership instead of public ownership because private ownership was safer.

      Like then, the biggest risk to American freedom today is a standing army and the industrial complex that comes along with it. IMHO, of course.

      Regards,
      Ross
    12. Re:grand-daddy's rifle by Llywelyn · · Score: 1

      One of the things that has been highly effective against US soldiers in Iraq has been snipers.

      Even most of the sniper rifles employed by the marines and army are bolt action. Those that aren't are semi-automatic.

      --
      Integrate Keynote and LaTeX
    13. Re:grand-daddy's rifle by scotch · · Score: 1

      Nuclear weapons? Nerve gas? 2000lb bombs? Biological weapons? Napalm? Cluster munitions?

      --
      XML causes global warming.
    14. Re:grand-daddy's rifle by erlenic · · Score: 1

      I knew someone would bring up nukes and the like. Honestly, I don't know where the line should be drawn, if it all. I've never thought about it enough. I does seem like a good discussion.

      I do however honestly have no problem with civilian ownership of automatic rifles and mortars. I know it's very possible to own automatics in the U.S, it's just a paperwork hassle. As for mortars, I'm pretty sure they're the same, but I haven't looked into it at all. Anyone here ever done an ATF Form 4 on mortars?

  32. hrmm by Danzigism · · Score: 1
    I've thought long and hard about this.. and as a bleeding heart liberal, i can understand perfectly fine why it wouldn't be good to ban guns.. first of all you must realize that banning guns, is not going to solve the problem of people getting shot.. the bad people will still get their guns, and people will still die regardless.. i agree that regulation on legitimately owning a firearm should probably increase a bit.. in order to truly compromise here, i think that we're going to have keep guns legal, but make it hard to actually obtain one.. i took the hunter's safety and gun safety course when I was fucking twelve years old.. maybe even eleven.. just because i did that, i don't think it really qualifies me to own a firearm without just a little more knowledge and experience on how to use this weapons..

    the fact of the matter is, parents are really fucking stupid.. guns will never magically disapear one day, so we're obviously going to need to just properly educate kids and even adults on why everyone doesn't really need to own a gun.. but if you are, here's how to be safe about it..

    continuing my thought about the existence of guns being inevitable, i wouldn't want to ban the right to protect myself in anyway.. 3 years ago i would of said fuck guns and anything related to them.. but the world doesn't seem to be getting any safer.. whether its the people, or the government that want to kill ya..

    --
    *plays the Apogee theme song music*
    1. Re:hrmm by Danzigism · · Score: 1

      also wanted to add, that i think it should be mandatory for everyone to learn about gun safety.. if people are educated about it, then they won't be scared of it..

      --
      *plays the Apogee theme song music*
    2. Re:hrmm by jdunn14 · · Score: 1

      I'm more of a pro-gun liberal. I grew up in the SE around guns, and personally, I'd be thrilled if the hunter's safety course was at least required for gun ownership. I don't think it's enough training either, but at least it's something. I mean, gun safety ain't rocket science. Only point it at something you want to die. Maybe a little addition about locking it up safe. That's pretty much it. Ideally we'd see this sort of training as a general requirement on the populace. I mean, come on, we're only talking about a few days of training here, and I'm not asking everyone to own a gun, just have a very basic idea how to properly handle one and what they can do.

      I think you touched on the biggest problem. You can ban them all you want, but that doesn't remove the millions already in circulation.

    3. Re:hrmm by Anonymous Coward · · Score: 0

      They just need to enforce the law as is. They pass more and more laws, and the lazy cops sit at Dunkin Donunts all day instead of doing their job. Then they say, see the exsisting laws don't work we need more laws!

  33. it's the COMMA by Anonymous Coward · · Score: 0

    the writers didn't put that important comma in the text for nothing. Penn and Teller's Bullshit!, Season Three, makes this argument clear. It is exactly because ANY and ALL governments tend to become police states over time (e.g. there are armed people, employed by the government, in uniform, all over my city, my university campus, etc.) that the people have the right to arm themselves. It is an explicit right to remind the government that they work for us. I think the police state currently has the upper hand in the US, I hope it changes over time. For example, none of the states or counties that are permitting concealed carry have had any incidents like the Ok corral (which the anti-gun fanatics predicted over and over). Guns in the hands of decent people greatly reduce crime, empower the people, and might give the police state and government something to ponder before abusing the populace. Outlawing guns makes no difference to a criminal, except it gives them peace of mind that their next victim will probably not have a gun.

  34. More Importantly.. by Anonymous Coward · · Score: 0, Interesting

    What the hell does this have to do with news for nerds??? It seems the only gun-related news on slashdot gets posted when it makes gun ownership look bad, or their owners like maniacs.

    It's funny how the same people who hate the second amendment right to bear arms have no problem with the Supreme Court magically finding a constitutional right to an abortion.

    1. Re:More Importantly.. by painkillr · · Score: 0

      funny how when questions like this are asked, the moderators choose to mark it as a troll or scored to 0

      slashdot is looking more and more monolithic these days. these aholes probably don't realize that their inflexibility and comment system paved the way for the success behind digg.

    2. Re:More Importantly.. by Anonymous Coward · · Score: 0

      Hi painkillr

      Why not check out the CPMO movement within the Slashdot community - they're trying to reduce the effect of bad or biassed moderation. See http://slashdot.org/~CPMO/journal/

      Signed, CPMO

    3. Re:More Importantly.. by thc69 · · Score: 1
      funny how when questions like this are asked, the moderators choose to mark it as a troll or scored to 0
      funny how that post wasn't moderated at all, but started as 0 because it was posted by an anonymous coward

      their inflexibility and comment system paved the way for the success behind digg.
      Comparing Slashdot to Digg is like comparing televisions to telescopes. They do entirely different things.
      --
      Procrastination -- because good things come to those who wait.
    4. Re:More Importantly.. by Rugikiki · · Score: 1

      While it may not be news for nerds, one could argue that it's certainly Stuff that Matters.

    5. Re:More Importantly.. by Ninjaesque+One · · Score: 1

      The magic bit is the 10th and the ninth. Gives all rights not reserved to feds or forbidden to states to states or people. The SCOTUS just decided that abortion rights were forbidden to states.

      --
      Ninjas and pirates. How piquant.
    6. Re:More Importantly.. by Anonymous Coward · · Score: 0

      O'Brien, is that you?

    7. Re:More Importantly.. by FLEB · · Score: 1

      I wouldn't find it odd that people who are reading the article and its comments are the ones who consider the article validly posted.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
  35. Well duh! by geoff+lane · · Score: 2, Insightful

    The amendment means exactly what it says, who'd a thunk it?

  36. Just watch... by greg_barton · · Score: 2, Insightful

    Just watch.

    All of the guys who were cheering Newt Gingrich last week when he said we should revisit our first amendment rights are going to be the loudest in screaming, "But I have a RIGHT to bear arms!!!"

    1. Re:Just watch... by Scareduck · · Score: 1

      The Second Amendment is a necessary protector of the other nine in the Bill of Rights. I don't presently own a gun, but the way the country's going, I'm seriously considering doing so.

      --

      Dog is my co-pilot.

    2. Re:Just watch... by theLOUDroom · · Score: 1

      All of the guys who were cheering Newt Gingrich last week when he said we should revisit our first amendment rights are going to be the loudest in screaming, "But I have a RIGHT to bear arms!!!"

      Funny how that works. I believe in BOTH freedom of speech and the right to bear arms.
      Unfortuately I'm forced to choose between extremists who like guns, but seek to destroy most of our other freedoms, or well meaning but foolish people who see no immediate use for guns by themselves, therefor they have no problem eliminating them.

      If you read the bill of rights as a declaration of national philosophy rather than a legal document, I believe the reasoning becomes a lot more clear:
      "We're going to say what we want and we're going to stand up for ourselves."


      Gun ownership goes beyond hunting and militias, it also speaks directly towards the concepts of personal responsibility and self-reliance. Even if the crime rate statistics back up banning guns (which they don't), I still wouldn't support it because it's against our national philosophy. (Or at least the philosophy of the country I want to live in.)

      As Justice Antonin Scalia put it, "We can all stipulate that the safest societies in the world are totalitarian dictatorships"
      That doesn't mean I want to live in one.

      --
      Life is too short to proofread.
    3. Re:Just watch... by moeinvt · · Score: 1

      I'll be screaming about any assault on The Bill of Rights, but your statement brings up an interesting point.

      I've never been able to figure out why such staunch supporters of the First Amendment would be so willing go give up their rights under the Second.

      I despise the use of streotypes and mass labeling, but I will make a generalization here:

      Why would people from the political left who despise George Bush be willing to give him even more power to erode their Constitutional rights?

    4. Re:Just watch... by daigu · · Score: 2, Informative

      I find the other crowd more interesting. You know, those that get upset about free speech rights but think that guns should be outlawed. The U.S. was founded on the notion that the population has the right to revolt against an unjust government. It's the last resort, the baseline that guarantees the other rights.

      The problem is that many people have forgotten that it could happen here. They fear the freedom of individuals (speaking or with weapons) more than they fear the government taking away their freedom. It's the reason both sides fail to support both 1st and 2nd amendment rights - and pick one over another. Whenever either one of these ceases to mean anything, it will be the inescapable sign that there is trouble in the republic.

    5. Re:Just watch... by jez9999 · · Score: 1

      national philosophy [...] "We're going to say what we want and we're going to stand up for ourselves."

      Can you explain to me the difference between a nation with such a philosophy, and an anarchy?

      Democracy does, to an extent, rely on the government being more powerful than the people. Otherwise, surely, the government is powerless to legislate and you might as well not have a government.

    6. Re:Just watch... by Peyna · · Score: 1

      Democracy does, to an extent, rely on the government being more powerful than the people. Otherwise, surely, the government is powerless to legislate and you might as well not have a government.

      Look at the Article of Confederation. While they left all of the power with the states, you still had the same problem. The federal government was so weak it was useless.

      --
      What?
    7. Re:Just watch... by ElBeano · · Score: 1

      Other replies have noted that 1st Amendment supporters were quite possibly opposed to the 2nd or interpreted it not to guarantee the right of ordinary citizens to keep and bear arms. Dead on. Don't they realize the 2nd is critical to keeping the first? The parent is talking out of their a__. Believe me, the NRA members I know are also quite concerned about the 1st amendment and would NOT support the revisiting of 1st amendment rights that parent ascribes to Newt Gingrich.

    8. Re:Just watch... by Anonymous Coward · · Score: 0


      Democracy does, to an extent, rely on the government being more powerful than the people.

      Government should have the same relationship to the people that you have to a rattlesnake. You're more powerful than the snake... but you're also afraid of it. And that's a Good Thing.

    9. Re:Just watch... by sco08y · · Score: 1

      You know, those that get upset about free speech rights but think that guns should be outlawed.

      But they only get upset about free speech when it's artistic or if they feel that someone is promoting Christianity. Most lefties are perfectly happy with campaign finance reform, speech codes in universities and other limits on political speech.

      I mean, it was the left that invented "political correctness." Their support of the 1A is purely in support of a lifestyle. It has nothing to do with protecting individual political autonomy.

    10. Re:Just watch... by lahvak · · Score: 1

      I find the other crowd more interesting. You know, those that get upset about free speech rights but think that guns should be outlawed

      I suppose some of these people are simply pacifists, people who are against violence, people who believe in nonviolent protests, civil disobedience and peaceful resistance. And in sume situations, such resistance can indeed be very powerful. Ater all, having weapons is only one way how to add strength to a revolt.

      But I believe that a majority of the "gun control" crowd doesn't actually particularly care about any of the two amendments. They pick safety over freedom, free speech doesn't really mean anything to them, (actually, I believe many people find the concept somewhat annoying, if the person speaking expresses an opposing or unpopular opinion), and "guns are bad and dangerous". And politicians simply encourage that position: it is an easy way to get votes.

      I also think that in many cases a preference for one of the amendment is more question of a "culture", or an atempt to distinguish oneself form "the other group", rather than of some well reasoned political opinion. Some years ago, I lived for a while in a very small midwestern town, which also had fairly large liberal arts college. Politically, the town was divided pretty clearly between the "locals" and "the college folks". Lot of the people associated with the college were "anti gun", IMHO simply because they associated guns with tobacco chewing gun wielding conservative rednecks. On the other hand, I have heard the locals mention "free speech" as something "them college folks would fuss about" on several occasions.

      --
      AccountKiller
    11. Re:Just watch... by daigu · · Score: 1

      I'm about as left on the political spectrum as any person you are likely to meet in the U.S. I'm part of what I like to think of as the Christian Left. In this post, you are making the common mistake of assuming that secularism is what drives the left. It's a factor, but I wouldn't call it a defining characteristic.

      My experience is that what people have trouble with when it comes to religion, specifically Christianity, is the hypocrisy and hate of those that claim to be Christians and who have a significant following or media presence. If your primary experience with Christians is based on the words of people like Pat Robertson who say things like:

      When you see L-O-R-D in caps, that is the name. It's not Allah, it's not Brahma, it's not Shiva, it's not Vishnu, it's not Buddha. It is Jehovah God. They don't have a relationship with him. He is the God of all Gods. These others are mostly demonic powers. Sure they're demons. There are many demons in the world.

      You can't escape the fact that this is an intolerant statement. Beliefs such as this drive people to do hateful and terrible things in God's name. I think this is what many secular people take issue with - and I agree with them. However, some also make the mistake of assuming all religious people are like this - which shows another form of intolerance that can also drive people to do hateful and terrible things.

      However, you can't escape the fact that Pat Robertson has more free speech than either you, I, or the vast majority of people have. The issues you raise: campaign finance reform, speech codes, and so forth are simply efforts to deal with this issue. At its heart, individual political autonomy depends on a diversity of voices in the political landscape. We need to be aware that there are limits on free speech in place (for example, why does Pat get network time? why has the FCC supported network consolidation?) and that the current limits appear transparent because we are used to them. I think it is a legitimate discussion to talk about how these limits might be changed to encourage a diversity of viewpoints that better reflect the ideas of the U.S. population. However, the other side of that coin is that people like Newt and certain types on the left might use it as an opportunity to limit points of view that differ - which goes against the whole idea of doing it from my point of view.

    12. Re:Just watch... by daigu · · Score: 1

      I'm a Quaker, and I believe in non-violence. However, I have to allow that there may be circumstance where I might be wrong and armed revolt might actually have a restraining effect on a group that would otherwise be more violent. I don't think this is the case, but I have to allow for the possibility. I certainly don't think it is appropriate to compel you to agree with me on this issue - as George Fox once said to William Penn, "Wear thy sword as long as thou canst."

      I do think you are right that people use it as a way of determinng in/out groups. People that I agree with on most other issues find it most distressing that I don't support gun control. I agree there is a bit of a paradox of being a Quaker that doesn't support gun control, but I think my reasoning is sound. I am open to hearing what others have to say either direction on it.

    13. Re:Just watch... by theLOUDroom · · Score: 1

      Can you explain to me the difference between a nation with such a philosophy, and an anarchy?

      This question was not asked because you honestly cannot see the difference between each man having the ability to defend himself and anarchy.

      Speaking your mind and standing up for yourself does not preclude working together as a group, nor the existence of laws and the ability to enforce them.

      --
      Life is too short to proofread.
    14. Re:Just watch... by sco08y · · Score: 1

      I'm about as left on the political spectrum as any person you are likely to meet in the U.S. I'm part of what I like to think of as the Christian Left.

      I'm about as secular as conservatives get.

      In this post, you are making the common mistake of assuming that secularism is what drives the left. It's a factor, but I wouldn't call it a defining characteristic.

      My experience is that what people have trouble with when it comes to religion, specifically Christianity, is the hypocrisy and hate of those that claim to be Christians and who have a significant following or media presence.


      Bullshit. Liberals aren't secular, they're anti-Christian. Even a liberal church only exists to act as a forum for liberals to feel apologetic about Christian heritage.

      You can't escape the fact that this is an intolerant statement.

      All religions are intolerant because all religions have to assume that everyone else is damned unless they convert. If your church claims otherwise, it's deliberately misreading scripture (i.e. lying to you) or it's just there so you can pretend to be religious (you're lying to yourself). BTW, this is why I'm not religious.

      However, you can't escape the fact that Pat Robertson has more free speech than either you, I, or the vast majority of people have.

      So? Why should everyone have equal airtime? Not everyone has that much to say. I suppose you think that if you can shut up Robertson that he and all the people who agree with him will just disappear. This is what I hate about liberals: preaching tolerance while trying to silence dissent.

    15. Re:Just watch... by daigu · · Score: 1

      Bullshit. Liberals aren't secular, they're anti-Christian.

      You must be using a definition of liberal that is very different from mine. I think the Wikipedia description of Liberalism and Social Liberalism is adequete in that it identifies individual liberty as the primary political value of liberalism and the social liberal's view of the role of government in increasing the liberty of the poor and those discriminated against.

      I don't see anything anti-Christian in having liberty as a primary political value. I am not sure what you mean by Christian heritage. To my mind, Cornel West has a good way of thinking about Christian heritage that he talks about in his book Democracy Matters. Cornel talks about two types of Christianity - Constantinian Christianity and prophetic Christianity, and he makes a rather damning assessment:

      Imperial [Constantinian] Christianity, market spirituality, money-obsessed churches, gospels of propserity, prayers of let's make a deal with God or help me turn my wheel of fortune have become the prevailing voice of American Christianity...And there is hardly a mumbling heard about social justice, resistence to institutional evil, or courage to confront the powers that be -- with the glaring exception of abortion.

      I would agree that Constantian Christianity has some of the features you describe and that it is the prevaling voice in the U.S. However, I wouldn't paint all Christianity with that brush.

      I also think you make a number of unwarranted assumptions in your post. I think it is demonstratably false that all religions are intolerant. For one example, take Hinduism. There is no way to convert and there is no damnation (in the sense of eternal damnation). Are there intolerant fundamentalist Hindus? Of course, just as there are intolerant fundamentalist Christians. It still doesn't mean that is typical of the religion as a whole.

      I think you also make the mistake of thinking all Christians have scripture as their ultimate authority. Even the Catholic church acknowledges tradition has a role to play in faith along with scripture. There are also those that believe in an unfolding revelation. Then, there is always the scripture itself, which says even the devil can quote it for his own purposes. Personally, I think that scripture is a tool for dialogue with God, and the idea of misreading it is not even one that makes sense to me. The truth isn't in scripture, the truth is something that can be obtained from a relationship with God.

      I find your comments on Robertson simply confusing. Let's look at what I said in my post:

      I think it is a legitimate discussion to talk about how these limits might be changed to encourage a diversity of viewpoints that better reflect the ideas of the U.S. population. However, the other side of that coin is that people like Newt and certain types on the left might use it as an opportunity to limit points of view that differ - which goes against the whole idea of doing it from my point of view.

      I'm trying to look at it from your point of view. But, your comment that "not everyone has that much to say" is particularly weak. There is no shortage of people with something to say, and I personally would like to hear from more of them - perhaps especially those I disagree with beyond Robertson.

      You assume that advocating for more diverse voices means silencing Robertson altogether - not a very charitable rendering of my argument but I suppose I could have been clearer on that point. I'm not interested in shutting up Robertson. I like the fact that he is out there. Also, I think he is a very useful as a bad example - as he was here. I'm not even sure that I'm arguing for less Robertson (my answer depends on whether we assume that broadcast time is finite or not). However, these are minor points to the

  37. My proposal by jay2003 · · Score: 3, Interesting

    Each state (and Washington DC) should able to interpret "well regulated militia" itself. A well regulated militia in Texas might be any private citizen wanting own a firearm. In New York, a well regulated militia might be the national guard only with no private ownership of firearms. If you want to want to own guns, you would have to live in a gun friendly state.

    I think solves the underlying problem nicely. Firearms are a problem in major urban centers but not a big problem in rural states. Each state crafts its own rules. There will be states with tight rules and loose ones.

    1. Re:My proposal by Anonymous Coward · · Score: 0

      The Constitution is National law. So, no, the states do not get to decide on their own what the terms mean. I just wish the Supreme Court judges would grow a pair and stop pretending what happens inside a state is intra-state commerce. And, yes, I am a bleeding heart liberal. I just don't like corruption more than I don't like some forms of conservative ideology.

    2. Re:My proposal by Anonymous Coward · · Score: 0

      s/intra/inter

    3. Re:My proposal by jay2003 · · Score: 1

      Amendment X

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

      I can not find the section of the Constitution that reserves the power to determine the definition militia to the federal government.

    4. Re:My proposal by burnin1965 · · Score: 1

      Each state (and Washington DC) should able to interpret "well regulated militia" itself.

      There in lies the problem with the interpretation by the DC attorneys. While it may be possible to take that fragment of the ammendment and form a justification for the DC attorney's conclusion you are leaving out the most important part, "the People". The second ammendment is laying out the rights of the citizens, not the military. Think about it, why would you pass a law giving your military the right to bear arms? What kind of moron comes up with that interpretation?

      By its definition and original intent a militia is not a government controlled and organized operation like the National Guard. You can't just change the meaning of words to manipulate the laws by which our government is regulated. There is a process by which ammendments can be made but what these attorneys are trying to do is bypass all the checks and balances and redefine the meaning of words so their preconceived conclusion matches their interpretation of the 2nd ammendment.


      Firearms are a problem in major urban centers but not a big problem in rural states. Each state crafts its own rules. There will be states with tight rules and loose ones.

      Agreed, and so each state should work within the checks and balances of our democracy to serve the people. The 2nd ammendment must be taken into consideration when a state crafts their rules, which makes it difficult as it should be and as it was intended when the ammendment was passed and when our government was formed. Infringing upon the rights of the citizens is a serious issue and should not be taken lightly. It is also quite possible that taking away the rights of the citizen to bear arms with have no affect on the big problems in urban centers. Perhaps the problem is not the guns but some other underlying issue, economics, education, culture?

    5. Re:My proposal by Kineel · · Score: 1

      Screw that, then we'd have even more of those East Coast whiners moving down here. No thanks!

      --
      -- Should there be smoke coming out of my CPU?
    6. Re:My proposal by Anonymous Coward · · Score: 0

      Sure.. you can redefine militia however you want.. but a "well-regulated militia" is NOT all who are allowed to bear arms under the 2nd ammendment. I mean, really, that's ridiculous.. would the founding fathers seriously forsee even the worst possible government disarming it's OWN militias? Of course not. A government would not disarm it's own militias, and it would be completely unecessary to put text prohibiting disarming their own militias into the bill of rights. If you actually read the 2nd, it disallows infringing on ANYONE's right to bear arms, and separately states that a well-regulated militia is important.

      "Firearms are a problem in major urban centers but not a big problem in rural states."
                So? The people causing problems in urban areas with guns, while commiting other crimes, are usually ALSO breaking existing gun laws. (Unregistered handgun, they're a felon already and so shouldn't have one, illegal concealment, modified into an auotomatic, etc.) Making guns "more" illegal for these people isn't going to do anything, they are already breaking the current laws.

    7. Re:My proposal by khallow · · Score: 1

      It's an implied power of the US government, mostly used by the US Supreme Court. The federal government routinely needs to determine if its actions conform with Constitutional mandate. But I see no reason that this power is exclusive tied to the federal government and as you note, any such powers not delegated to the federal government fall to the states or to the People. Just recall that other interpretations of definitions may be legally ignored.

    8. Re:My proposal by Guppy06 · · Score: 1

      "Each state (and Washington DC) should able to interpret "well regulated militia" itself."

      The Congress shall have power To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress(.)

    9. Re:My proposal by sco08y · · Score: 2, Insightful

      Firearms are a problem in major urban centers but not a big problem in rural states. Each state crafts its own rules.

      There simply is no such thing as an urban or rural state, Washington DC being the exception that proves the rule. Every state has urban centers and rural areas so you'd have to push firearms laws down to the county level. This would result in an impossible patchwork of laws.

      Also, from a moral perspective, such a law would ensure that those least able to move would be stuck in areas where they would be prohibited from defending themselves.

  38. Guerrilla Warfare by fuego451 · · Score: 1

    The times when a group of civilians could contend with an equally numerous group of soldiers are long gone.

    I don't think so. Guerrilla warfare seems to working just fine for Iraq's sectarian groups and insurgents, Hezbollah and Al-Qaeda.

  39. What a good idea by Anonymous Coward · · Score: 0

    If you democrats out there want to keep power for more than one term you better get this shit shot the fuck down as fast as possible. Remember what happened the last time you tried to fuck with gun owners? Don't think it won't happen again.

    And I just want to see the sad motherfucker they send to disarm me. AFAIC any attempt to disarm me in any way is an act of tyranny that must be combated with every resource available to me.

    1. Re:What a good idea by Anonymous Coward · · Score: 0

      I assume you are a non-democrat. You are aware that the democrats have no power until next year, right? So if you want to complain, right now you need to be complaining about the Republicans. And if you don't like the status quo, you especially should be complaining about how the Republicans did nothing to fix the situation and have instead let it deteriorate. Put in terms related to the present topic, you are jumping the gun. Stop it. It is embarrassing.

    2. Re:What a good idea by Anonymous Coward · · Score: 0

      And if you don't like the status quo, you especially should be complaining about how the Republicans did nothing to fix the situation and have instead let it deteriorate.

      It's what the republicans didnt do that made the difference here... they let the ban expire. Firearm ownership rights, on the federal level, have not deteriorated at all.

      And don't act like this talk hasn't started because the Democrats will be in office soon, it's embarrassing.

      I just love how some people think that speaking out in a proactive manner is jumping the gun.

    3. Re:What a good idea by loraksus · · Score: 1

      Firearm ownership rights, on the federal level, have not deteriorated at all.

      Importation rights sure have been affected...
      http://www.atf.gov/firearms/071305openletter.htm

      ATF will no longer approve ATF Form 6 applications for importation of any frames, receivers, or barrels for firearms that would be prohibited from importation if assembled. No exceptions to the statutory language, for example for "repair or replacement" of existing firearms, will be allowed.

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
  40. Constitutionally Consistency by rossz · · Score: 5, Insightful

    Throughout the Constitution, the wording is very specific. When referring to individual rights, the term "The People" is used. When referring to state rights, the term "The States" is used. Unless you believe the 2nd Amendment is the ONLY EXCEPTION to this rule, it is most definitely an individual right as it says "... the right of The People ..."

    If the meaning of "The People" is changed to indicate a state right, ALL our rights will be lost. Suddenly, speech, religion, assembly, redress, etc, will be State rights and everything that makes this country worthwhile will go into the shitter.

    If the government can abuse a law, eventually the government will abuse a law. Maybe not right away, but a few years down the road it will happen. A good example of this is the seizing of property without due process. At first they were seizing property of convicted drug dealers. Then they started seizing the property of unconvicted drug dealers. After getting away with this obvious violation of the Constitution, they started seizing property of people with the thinnest thread of a connection to drugs, e.g. a guy had his car seized because his passenger had a joint in his possession.

    --
    -- Will program for bandwidth
    1. Re:Constitutionally Consistency by DragonWriter · · Score: 1
      If the meaning of "The People" is changed to indicate a state right, ALL our rights will be lost. Suddenly, speech, religion, assembly, redress, etc, will be State rights and everything that makes this country worthwhile will go into the shitter.


      Even ignoring that it is possible for the same phrase to be interpreted differently in different contexts in the same document where there isn't a controlling definition applied, Neither the right to speech, nor either of the religion clauses, nor most of the rights in the Bill of Rights, refer to "the people". (In the first amendment, only assembly and petition are attached to "the people", and the phrase "the people" does not appear at all in the third or fifth through eighth amendments.

      (Also, none of the Bill of Rights create rights enforceable against the state, anyhow, only those rights that the courts have found are incorporated against the states by the 14th Amendment do that, which just happen to be a subset of the rights in the Bill of Rights.)
    2. Re:Constitutionally Consistency by rossz · · Score: 1

      The Bill of Rights also uses the words "person" and "owner" in various places. Just because "The People" isn't used in every single place doesn't exclude clauses from being individual rights. Common sense is all that is required and is what the Framers of the Constitution expected of a normal person. It's when courts (especial the 9th district) abandon common sense to create a twisted interpretation that we have problems.

      --
      -- Will program for bandwidth
    3. Re:Constitutionally Consistency by m50d · · Score: 1

      If you're going to use consistency, look at what the word "being" means everywhere else in the constitution.

      --
      I am trolling
    4. Re:Constitutionally Consistency by BgJonson79 · · Score: 1

      Unless I've misread the Constitution, states don't even have rights, but powers and responsibilities. Only people have rights.

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

  41. US DOJ is the EXECUTIVE, not JUDICIAL, branch by SuperBanana · · Score: 3, Insightful

    The United States Department of Justice says that the 2nd amendment is an individual right

    The United Stated Department of Justice also says that the Patriot Act is legal and a wonderful, necessary tool.

    The Department of Justice is part of the executive branch. It's not their job to "interpret" law or the constitution. It is their job to execute the law of the land. Did you flunk middle school and high school history/civics?

    http://en.wikipedia.org/wiki/Separation_of_power s_under_the_United_States_Constitution#Executive_p ower

    Christ. Half the problem with this country is American's basic inability to understand the simplest concepts of the US government.

    1. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by delong · · Score: 2, Informative

      The Department of Justice is part of the executive branch. It's not their job to "interpret" law or the constitution. It is their job to execute the law of the land. Did you flunk middle school and high school history/civics?

      I don't know about him, but you sure seem pretty ignorant of how our system works. As the attorney for the United States, the USAG is tasked with rendering opinions and advice on the law for the benefit of the government and the public at large. The USAG's opinions are not binding precedent like a court, but they can be admitted in a court of law as evidence of reliance that a person believed they were acting within the law.

      http://www.usdoj.gov/olc/opinions.htm

      The Attorney General has directed the Office of Legal Counsel to publish selected opinions for the convenience of the executive, legislative, and judicial branches of the government, and of the professional bar and the general public. The authority of the Office of Legal Counsel to render legal opinions is derived from the authority of the Attorney General. Under the Judiciary Act of 1789, the Attorney General was authorized to render opinions on questions of law when requested by the President and the heads of executive departments. This authority is now codified at 28 U.S.C. 511-513. Pursuant to 28 U.S.C. 510 the Attorney General has delegated to the Office of Legal Counsel responsibility for preparing the formal opinions of the Attorney General, rendering opinions to the various federal agencies, assisting the Attorney General in the performance of his function as legal adviser to the President, and rendering opinions to the Attorney General and the heads of the various organizational units of the Department of Justice. 28 C.F.R. 0.25.

    2. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 5, Insightful
      Christ. Half the problem with this country is American's basic inability to understand the simplest concepts of the US government.


      Yeah, and the other half is people like you who want to take away everyone else's *rights* because you're scared of what they might do with that right. As is usually the case, that fear is irrational. You have absolutely nothing to fear from 99.9999% of *legal* gun owners. Yet you're so afraid of what people who own guns *illegally* might do to you, you'd rather just ban guns altogether (as if that is a solution to the problem of people being able to obtain guns illegally), and you don't care if you destroy a Constitutional right in order to do it.

      It's funny how the anti-gun crowd pretends that they're just trying to interpret the Constitution, and only wish to apply it the way it was meant to be applied. In reality, if you *really* want to know how the 2nd Amendment was intended, you don't have to look very far. Read some of the writings of the people who actually *wrote* the damn thing, and it's obvious. They state explicitly that *individuals* need to be able to own guns. But of course you don't really care how it was intended. That's just a show you put on so that people will think your argument is based on the Constitution, rather than trying to destroy the Constitution.

      In reality, you don't give a rat's ass about the Constitution as a whole. You just want to cherry-pick the parts *you* think are important and discard the rest. And you're sick of hearing everyone heap praise and reverence on the "Founding Fathers" because you think you're smarter than they are, and besides times have changed, etc, etc. It's people like YOU that this country needs to guard against, because in your supreme arrogance, you're willing to destroy the very foundation of our freedom. (not that thousands of people just like you haven't already done so to a large degree. sigh.)
    3. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 4, Insightful

      The original post is dead-on, not you. As you and that little paragraph (from the *DOJ's website*) say: the Attorney General's opinions are just that: opinions. They are not statements of the law and they have no binding affect on anything.

      Just so you don't confuse anyone: The fact that such advisory opinions can be "admitted in a court of law as evidence of reliance that a person believed they were acting within the law" is only relevant for the (very few) crimes that explicitly require knowledge of the law as part of their mental state.

    4. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by lseltzer · · Score: 1

      It's everyone in government's job to interpret the constitution, not just those who have the final say.

    5. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Pros_n_Cons · · Score: 2, Insightful

      What apparently is happening is that lawyers are trying to convince judges that what Jefferson and the Writers of the constitution meant by "militia" was a national guard type of organization. Nothing could be further from the truth. People can try and twist what was in the constitution all they want but even a moron knows the idea behind the gun law was not to protect people from Russia, or to protect people from theft, or to protect people from gang members.. it was to protect us from our own government. And now these laywers are trying to convince us they meant to _only_ give guns to national organizations such as the National Guard? Take a look at what people in this country are trying to do to the law and you can see just how important things like gun rights really are. As for lil 9mm's being no match for tanks those ppl are right. But where is the logic in saying well 9mm's dont work let them do what they want, might as well give them our guns. Thats a retarded statement I've heard over and over. They dont have a tank for every home. someone has to get out of that tank and knock on my door. Think about how much easier it is for someone to control a society who feels its futile to fight? Thats their goal and people are way too happy to just hand it over.

      --

      -- "of course thats just my opinion, I could be wrong." --Dennis Miller
    6. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Entropy · · Score: 4, Insightful
      It's not their job to "interpret" law or the constitution. It is their job to execute the law of the land. Did you flunk middle school and high school history/civics?


      The President takes an Oath to "preserve, protect and defend" the Constitution.

      You say that it is not the executive branch's job to interpret the Constitution.

      But would you rather have someone protecting the Constitution who THINKS about what they are doing, or someone being an automaton?

      Because if THEY don't interpret it, how are they to protect it? Follow someone else's interpretation?

      Now - please show me in the Constitution itself (the supreme law of the US) where exactly it says the Supreme court has sole authority to interpret the Constitution?

      Guess what. You won't find it. They assumed that authority for themselves in Marbury.

      PS: Anyone reading the above as a defense of the current POTUS or his administration quite plainly isn't reading the same things I wrote ..
      --
      The sea changes color, but the sea does not change.
    7. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by soft_guy · · Score: 1

      How can you possibly "execute" the law (do you mean enforce the law?) without interpreting it? Anytime you read something and come to an understanding of what it means, you are interpreting what you read. Interpretation is the processes of deriving meaning from language.

      --
      Avoid Missing Ball for High Score
    8. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0

      Yeah, and what well regulated militia are *you* a part of? As clearly stated in the Constitution, that's the only damned right you have w.r.t. guns.

    9. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0
      They dont have a tank for every home.

      A single tank equipped with a flamethrower could take out thousands of homes in a single afternoon. Maybe they'd start in neighborhoods where some jackass with a 9mm thought he could try to be some kind of hero.

    10. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Pros_n_Cons · · Score: 1

      Maybe they'd start in neighborhoods where some jackass with a 9mm thought he could try to be some kind of hero.

      Nope, they'd start where they met no resistance at all such as your home or your mind. After they've taken over this group of people though either indoctrination or brute force. then they start in on the neighborhoods where there is a _group_ of jackasses all with 9mms.

      --

      -- "of course thats just my opinion, I could be wrong." --Dennis Miller
    11. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0
      You mean a _group_ of charred corpses. And remember: the squeaky wheel always gets the grease. That means your house gets toasted first.

      But hey, don't let me ruin your cute little fantasies.

    12. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Almost-Retired · · Score: 4, Interesting

      Mod the parent up, this person gets it. Having studied on the "Founding Fathers" off and on for the last 65+ years, I am absolutely amazed at the miss-interpretation that has been given force of law over the last 100 years, rendering our original Republic an ever more tyranical place to live. Boggles the mind. Only when one recalls Ben's reply about a "Democracy being a very bad form of government, but all the others are so much worse" does it come into a clearer focus. Unforch, the space between is being narrowed inexorably. By lowering democracy toward the "so much worse" category. At some point, the last box (ammo) Ed Howdershelt wrote about in his famous saying about the boxes (soap, ballot, jury, & ammo)to defend liberty, will be opened and used. I believe it was Jefferson who said relative to the tree of liberty needing refreshed with the blood of patriots and tyrants from time to time, adding "Lord help us if we go 20 years without it". Its been about 40 now since the race riots were a pandemic. Read into that what you will, I'm too old & tired to argue with anyone who hasn't read his history.

      --
      Cheers, Gene

    13. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0

      You obviously didn't even bother to read my comment. I'll repeat it since you're kinda slow. If you wish to discern the true INTENT behind the 2nd Amendement, just read the works of the people who WROTE it. They CLEARLY indicated that INDIVIDUALS should have the RIGHT to bear arms. The 2nd Amendment was NEVER intended to mean that you can only have a gun if you're part of a well regulated militia.

      Furthermore, the WHOLE POINT of the 2nd Amendment, in the minds of the people who wrote it, is that the GOVERNMENT SHOULD FEAR THE PEOPLE, AND NOT THE OTHER WAY AROUND!

    14. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by NormalVisual · · Score: 3, Informative

      You can't fricking read. The Second Amendment is made up of TWO phrases, the first explaining the reason for the right, and the second specifically stating that the right is not to be infringed. The first phrase IS NOT a limitation or condition on the second.

      In case you want the current federal definition of "militia", go look it up in 10 USC 311 - it's probably not what you think it is.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    15. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0
      If that's what they meant, they would have written it down that way. But they didn't, so tough luck.

      It doesn't make any difference anyway. You don't have any weapons that the government fears. The 2nd amendment is nothing more than a red herring to keep people like you distracted from things that *actually* affect your freedom. SO YOU CAN CALM DOWN NOW!!!11!

    16. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by dxlts · · Score: 2, Insightful
      You're wrong on all counts. The second amendment *isn't* written in a way that limits gun ownership to militias. It's only people like you who misread it that think it says that.

      It says:

      "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".

      But somehow, you managed to read:

      "A well regulated militia blah blah blah bear arms blah blah blah"

      Secondly, you think the government doesn't fear handguns and rifles? Don't you remember watching the Tiennemen Square bloodbath? Now imagine you can rewind that tape, and put a handgun in the hands of each and every one of those protesters. You seriously think it would have just turned out the same? I think not.

    17. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0
      Now imagine you can rewind that tape, and put a handgun in the hands of each and every one of those protesters. You seriously think it would have just turned out the same? I think not.

      You're high. They would have all been mowed down like dogs. What part of "I own neither a tank nor an attack helicopter" do you not understand?

    18. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Scrameustache · · Score: 2, Insightful

      In reality, you don't give a rat's ass about the Constitution as a whole. You just want to cherry-pick the parts *you* think are important and discard the rest. And you're sick of hearing everyone heap praise and reverence on the "Founding Fathers" because you think you're smarter than they are, and besides times have changed, etc, etc. It's people like YOU that this country needs to guard against, because in your supreme arrogance, you're willing to destroy the very foundation of our freedom. (not that thousands of people just like you haven't already done so to a large degree. sigh.) I'd just like to say, it's an add-on to the constitution and I don't think that applying a patch would cause the whole thing to be destroyed.

      But I do wish that if people wanted to amend the amendment, they'd be upfront about it (i.e. I think you're right to be upset that they're trying to reinterpret it and to claim it's the original meaning).
      --

      You can't take the sky from me...

    19. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by delong · · Score: 0

      Well, anonymous asshat, I suppose you not only can't read, but you don't understand the job of the Attorney General.

      Number 1 - the AG's "opinions" represent the official legal opinion of the US federal government. Unlike your ignorant rantings, the opinion of the US Attorney General is given weight in a court of law.

      Number 2 - "not standards of the law"? They are the legal opinions of the chief attorney for the US Government, opinions on what the law is and what it means, as analyzed and drafted by government attorneys in the USAG's Office. Saying they aren't "standards of the law", they're just "opinions" is like saying a lawyer's advice is meaningless and people should just go listen to nameless asshats like you on the Internet.

      Number 3 - "not binding". I said that, dickhead.

      So just to be clear - this anonymous coward is both reading comprehension impaired and does not understand what a legal opinion by an attorney is, and what the function of legal opinion of the US (and state) Attorney Generals are in our system of government. They aren't the binding legal statements of judges in a court of law. No freakin shit! That doesn't mean they have no weight. A judge sure is going to give the legal opinion of the USAG more consideration that the ravings of a dipshit like you.

    20. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0

      You have absolutely nothing to fear from 99.9999% of *legal* gun owners. Yet you're so afraid of what people who own guns *illegally* might do to you, you'd rather just ban guns altogether (as if that is a solution to the problem of people being able to obtain guns illegally)....

      Where do you think the illegal guns come from? They come from my law abiding grandmother who's house is broken into by a crack addict, who sells the piece to some arsehole that sells it to a gang member, who shoots my grandmother randomly on the street. Do you really think we're afraid of our grandmothers?

      Another question I'd like to pose to the world: Why do we need handguns? What specifically do we have to own one for that couldn't be accomplished by a stun gun, rifle, or super-soaker (because I know how fun it is to shoot guns just to play, and I know its more fun to shoot my friends with water)?

    21. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by dxlts · · Score: 1

      You miss the point entirely. So what if the Chinese army could, hypothetically, wipe out a couple thousand guys with handguns. No duh! The point is that the Chinese people had guns, and the will to use them, there's absolutely no way the Chinese government would ever dare attack their own people. You're so wrapped up in the "our guns are bigger than your guns" aspect of it, that you completely fail to grasp the concept of an armed, vigilant citizenry keeping their government in check. People who think that government can be held in check by an unarmed populace (or that the government is benevolent and doesn't need to be held in check) are fools.

    22. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by DragonWriter · · Score: 1
      Number 1 - the AG's "opinions" represent the official legal opinion of the US federal government.


      Wrong. They represent the official legal opinion of the executive branch of the federal government. If they were the official legal opinion of the federal government, we wouldn't need a Supreme Court, as the Attorney-General could just decide what was legal or not on his own.

      Unlike your ignorant rantings, the opinion of the US Attorney General is given weight in a court of law.


      It is given some, but rather variable, weight. For instance, because acting on reasonably-believed advice of officials responsible for enforcing the law can sometimes be a defense to criminal conduct, it has direct evidentiary weight, not because it is held to govern what is the law, but because of the fact of the published advice itself is relevant to the application of the law in those cases.

      It is, in other cases, given weight similar to that given to scholarly legal works and nonbinding precedent; that is, it forms part of the body of related law and legal commentary that courts may consider in applying the binding law where the plain language and binding precedent are not, on their own, sufficiently clear to command a particular result.
    23. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0
      You're the one who can't grasp the situation. The armed, vigilant citizenry doesn't have weapons that are capable of keeping their government in check. Their guns ARE bigger than yours. In a conflict, you lose. End of story. So your whole argument is irrelevant.

      The only way to keep a government in check in the 21st century is to keep electing people who want to keep it in check.

    24. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by BlueItalian · · Score: 1

      Christ. Half the problem with this country is American's basic inability to understand the simplest concepts of the US government.


      Yeah, and the other half is people like you who want to take away everyone else's *rights* because you're scared of what they might do with that right. As is usually the case, that fear is irrational. You have absolutely nothing to fear from 99.9999% of *legal* gun owners. I think the 99.9999% are people like you and me, stressed, prone to bad decisions and scared about everything. Putting a gun in the hand of someone grossly unprepared to use it is the worst harm you can do to any nation. It's amazing how the strict correlation between firearms casualties (not only as the consequence of a crime, an accident can happen too) and the number of firearms in a country is a concept beyond reach of the "average" american. Let's put it down simply like this: if you can't have a gun, is unlikely that someone else is easily going to get one, so you're safer than going around armed knowing that everyone else is in the same situation. I'm Italian but my gf is american and thinks the same way and you would be amazed to know that in my country I'm considered a "right-winger". Just so you don't start with the usual blabber about those red europeans...
    25. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by cappadocius · · Score: 1
      The Department of Justice is part of the executive branch. It's not their job to "interpret" law or the constitution.


      It is the job of every branch of government to interpret the constitution. That is certainly the way the founders invisioned government officials would act, and for along time that is how they did (Congress refused to pass laws it thought were constitutionally suspect, Presidents refused to sign laws they thought were constitutionally suspect, Executive officials declined to enforce sections of laws that they knew were unconstitutional).


      The only reason we think of the court as the interpreter of the Constitution is because in the majority of cases, it is the court that has final authority, and the other branches have largely ceased to try to interpret the Constitution. It should be noted that there are a few cases where interpretation of the constitution is not given into the hands of the court, and another branch (usually Congress) is responsible for interpreting and upholding the Constitution.


      As for interpreting laws, the Executive Branch does that all the time. More often than the Judicial Branch does. And when the Executive Branch's interpretation of a law is challenged in court, there are a multitude of precidents that favor deferring to the Executive's interpretation.

      --

      omnia tua castra sunt nobis

    26. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0

      Don't get defensive. It is true I am not the Attorney General, but I am about to graduate law school.
      Once again, you maintain that "the AG's "opinions" represent the official legal opinion of the US federal government."
      No, they don't! Advisory opinions from the DOJ do not represent the "official legal opinion of the US federal government," merely those of the Executive Branch. The only thing they are good for is to allow a company or person
      Also - I didn't say "standards of the law," I said "statements of the law," which they are not. Finally, there is no need to call people "asshat" because they disagree with you. I just didn't want someone thinking they could rely on the opinion of the Attorney General and avoid all criminal prosecutions.

    27. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by skam240 · · Score: 1

      "People can try and twist what was in the constitution all they want but even a moron knows the idea behind the gun law was not to protect people from Russia, or to protect people from theft, or to protect people from gang members.. it was to protect us from our own government." ...and the indians, the british and any other major european power (except for maybe russia). america was hardly the secure nation it is today when it gained independence. yes many of the founding fathers wanted the freedom to own guns to placate their own fear of government. many others, however, advocated gun ownership as a means of protecting ourselves from foreign threats.

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    28. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by zCyl · · Score: 1
      Now - please show me in the Constitution itself (the supreme law of the US) where exactly it says the Supreme court has sole authority to interpret the Constitution?

      Article III, Section 2. The Supreme Court is "the" authority for deciding fact in controversies over the interpretation of the constitution. Other branches or individuals can put forward and even act on their opinions, but the constitution gives the _authority_ to interpret the constitution to the Supreme Court (and to lower courts, which of course can be overruled by the higher court).

      A nice explanation of this is in #78 of the Federalist Papers (which of course predates the final ratification of the constitution, and offers an explanation of original intent).
    29. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by mattrumpus · · Score: 1


      I have to say I find amusing the disconnect between sentiment like this, the supposed preparation of citizens of the US to die for liberty, and the easy sweeping away of your constitutional rights after a visually spectacular but relatively minor attack that knocked some bankers off a building. Perhaps you're not as ready to die for liberty as you thought?

      --
      Who's with me?! I SAID... WHO'S WITH ME!!??
    30. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Flowmaster · · Score: 1
      I'll save you the trouble...

      "(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."

    31. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by khallow · · Score: 1

      No, they weren't given that power in section 2. Read it. I did.

    32. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by SaDan · · Score: 1

      That's exactly the problem these days. Not enough people willing to make the ultimate sacrifice in order to preserve liberty, and too many willing to just throw away our rights so they can be comfortable or find some bit of convenience.

    33. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0

      if you're old enough to study the founding fathers off and on for the last 65+ years how come your slashdot id is in the 600,000s?

    34. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by lahvak · · Score: 1

      So what if the Chinese army could, hypothetically, wipe out a couple thousand guys with handguns. No duh! The point is that the Chinese people had guns, and the will to use them, there's absolutely no way the Chinese government would ever dare attack their own people.

      What makes you think so? I don't see any reason. It's not like there are no armed resistance groups in the world that are being attacked and practically wiped out by their governments. In Iraq under Hussain, Kurds were relatively well armed, but that didn't seem to stop the government from trying to genocide them. You can find that happening all over the world.

      People who think that government can be held in check by an unarmed populace are fools.

      How odd. There seem to be number of examples of nonviolent revolutions, where unarmed populace managed to overthrow an oppresive government. While weapons can definitely strenghten your arguments, they are by no means necessary, and don't necessarily make that much difference.

      Look, I fully support the right or citizens to bear arms, and as I wrote above, loaded guns can definitely add strength to your words and actions, on the other hand, if you think that just because you and your friends have few semiautomatic rifles in your garage you are somehow magically protected from your government, I am afraid you are being the fool.

      In addition to that, there are examples in history of democratic countries that allowed their citizens to bear arms only to be overrun by well armed, well organized milicia with totalitarian ideology. All that was needed was for a group of populist politicians get a significant majority of the gun bearing crowd to their side. Right to bear arms is not an automatic guarantee of democracy, in fact, it can cut both ways.

      --
      AccountKiller
    35. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Entropy · · Score: 1
      Here is Article III section 2:

      Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; - to all Cases affecting Ambassadors, other public Ministers and Consuls; - to all Cases of admiralty and maritime Jurisdiction; - to Controversies to which the United States shall be a Party; - to Controversies between two or more States; - between a State and Citizens of another State [Modified by Amendment XI]; - between Citizens of different States; - between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

      In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

      The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. That gives the Supreme court a tremendous amount of authority. But it does NOT give them sole arbitration over what is and what is not Constitutional.

      And it only gives them authority to judge cases, not "make law" as is so often stated about what they do.

      A huge part of the problem today is that Congress has bought into this theory. And so they have ABDICATED their responsibility to interpret the Constitution. What? Congress interpret the Constitution? Whyever for?

      So the laws they pass can actually meet Constitutional standards, thats why.
      --
      The sea changes color, but the sea does not change.
    36. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by johansalk · · Score: 1

      > The Department of Justice is part of the executive branch. It's not their job to "interpret" law or the constitution. It is their job to execute the law of the land. Hey, if idiots all over can blather outta their mouths and elsewhere on all aspects of law, then those whose job is to actually execute should have a say to be heard on it too. Sure, DOJ is not in the business of making laws, but I'd rather hear their say on existing ones than have it trumped outright by some radio pundit or internet troll.

    37. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by flynns · · Score: 1

      I think you'll find that not all Americans are willing to trade their liberties away for a little pretended safety.

      --
      'If you're flammable and have legs, you are never blocking a fire exit.'
    38. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Dausha · · Score: 1

      "Christ. Half the problem with this country is American's basic inability to understand the simplest concepts of the US government."

      The other half of the problem is a Court who has accepted the fallacy that because they say it, then it is constitutional. I have witnessed several cases where the Court has violated the Constitution by declaring laws unconstitutional or have created rights out of whole-cloth.

      One example is our current controversy over quotas. In debating the Civil Rights Act of 1965, the hold outs were afraid that the legislation would be interpreted by the Court to allow for quotas. Those favoring the bill persuaded them that this would not happen, and they relented. Two years later, the Court looked at that debate and said, "hmm, quotas are acceptable;" and established quotas.

      The Fourteenth Amendment has a section that gives Congress authority to enforce its provisions, not the Court. And, where a branch refuses to accept its authority, under the Separation of Powers Doctrine, no other branch can step in. For the Court, this is the Political Question Doctrine exception to the power of Judicial Review, where the Court used to acknowledge its limitations on power. The Court's intruding on Section 5, 14th Amendment language is a clear violation of the Constitution, except we've had it drummed into our heads that it is not. See my .sig for where I stand.

      --
      What those who want activist courts fear is rule by the people.
    39. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by fingusernames · · Score: 1

      Where does the federal Constitution delegate the sole power to interpret itself? Answer: nowhere. The doctrines we use are the result of convention, not the Constitution. It was once considered fine doctrine that the President is under no obligation to execute a law he finds to be unconstitutional (much like our soldiers and illegal/unconstitutional orders). One doctrine in sway for many years was the presumption of legislative correctness: a court presumes that the Congress is correct in its actions. That doctrine is what permitted the Congress to "interpret" the Constitution to greatly expand its powers in the 20th century. These "simplest" concepts that you seem to believe you understand are not so simple. Show me where in the United States Constitution the Congress is granted the power to forbid your growing a tomato in a pot on your back porch for your own consumption.

      The concept of supreme judicial review as we know it is not enshrined in the Constitution. It was seized by the Supremes in Marbury v. Madison. You may have heard of it. None other than good old Jefferson strongly opposed the concept. He has a famous quote on it. In part: "To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy." Sounds like something FDR would have uttered. Nine old men indeed.

      People of your ilk think you know what is legal, what is illegal, what is unconstitutional and is not, in particular regarding Bush. However, our legal system is not so clear. You cannot have your cake and eat it too: you cannot have a legal system with its vaunted flexibility, permitting the vast vast expansion of federal power with NO amendments granting additional substantive Congressional authority, without also being prepared to give up notions of knowing with certainty that what is legal on Monday will be so on Friday, and vice versa. Rights based on penumbras discerned by robed wizards...

      Regarding Bush and your quip above: W is pushing a Hamiltonian style expansion of executive power. He certainly isn't shy about it. You may disagree. You may agree. We all have opinions. But to confidently state that his actions are "illegal" is, well, simplistic. A President attempting to alter the understanding of his constitutional authority is not something to which you apply the same logic of illegal/legal as you do to a parking ticket. We may have a written constitution, but that is only the half of it, if that. Some of what he is pushing is in turns political, foundational and doctrinal -- things that get sorted out in the arena of politics and later by the Supremes if they don't punt it. The boundaries of authority that separate the branches of our federal government are not static. They wax and wane. Much like the boundaries between the sovereign states and the feds, though in that game one side mainly waxed until the Rehnquist Court grew a pair and got back in the game.

      So if you think that a position held by the Department of Justice, one that will be filed as a brief with the Supremes, and one that may well be argued by the Solicitor General, holds no value because of your super grade in high school history and your political bent... well, I suggest that you do some more studying.

      Larry

    40. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Dausha · · Score: 1

      "The President takes an Oath to 'preserve, protect and defend' the Constitution. You say that it is not the executive branch's job to interpret the Constitution."

      Every Swinging Richard in government (States and all branches) takes the same oath as the President. Article VI, cl. 2.

      "Guess what. You won't find it. [The Court] assumed that authority for themselves in Marbury.

      As much as I dislike the role the Court plays in society, you're wrong. Article III: "The judicial Power of the United States shall be vested in one supreme court...." Compare with Article II: "The executive Power shall be vested in a President of the United States of America."

      The Court is given judicial authority in Article III. Marbury v. Madison sees the Court acknowledging its authority to interpret law. The Constitution is a law (Article VI, cl 1), and therefore subject to statutory construction (although I believe Blackstone's rules for construction are the proper ones). Judicial power exists in construing the law. To say the Court lacks authority to interpret the Constitution is to say the President lacks the authority of the executive.

      However, what people fail to realize is that Marbury also shows the Court acknowledging that matters by nature political are beyond the scope of judicial review. There is a whole range of Constitutional law created by the Court in violation of that political scope. The reason for that limitation is because ours is to be a democratic form of government. Article IV, sec. 4. As Blackstone states, the judiciary is an oligarchy. So, to allow the Court to fabricate law unchecked is to surrender our democracy to an oligarchy.

      There are those who prefer this, because it presently serves their progressive purpose. However, expediency always cuts both ways. I believe you are lamenting this expansion of the Court's authority beyond purely judicial scope.

      --
      What those who want activist courts fear is rule by the people.
    41. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by AttilaDHun · · Score: 0

      The President is there to "execute" the will of the people.
      The Congress is there to "enact" the laws of the people.
      The Judiciary is there to "preserve and enforce" the laws of the people.
      Each exists to protect us from one branch gaining too much power.

    42. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0
      Only when one recalls Ben's reply about a "Democracy being a very bad form of government, but all the others are so much worse" [...]
      It was Winston Churchill who said that. Or do you have a reference documenting otherwise?
    43. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0

      Theoretically, you must have both "mens rea" and "actus reus" to establish criminal liability under due process. Mens rea is the guilty mind -- the knowledge that what you are doing is wrong or a crime. Actus reus is the guilty act. Many courts seem to ignore the mens rea component, but common law says that you need both.

    44. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by gumpish · · Score: 1
      Unforch, the space between is being narrowed inexorably.

      With butchering like that, the language the bill of rights was written in will soon be as much of an empty husk as the bill itself.
    45. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by JeanPaulBob · · Score: 1
      Let's put it down simply like this: if you can't have a gun, is unlikely that someone else is easily going to get one, so you're safer than going around armed knowing that everyone else is in the same situation.

      One word for you: Marijuana.

      Another word: Prohibition.

      Even accepting your premise about likelihood of getting a gun: If you are a 120 lbs woman, do you feel safer knowing that because you don't have a gun, the 240 lbs man attacking you only has a knife?
    46. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by delong · · Score: 1

      Don't be a snotty asshole, little law student. You never considered the fact that I may be a licensed attorney, did you? You think because you managed to finish two years of law school that you can go on Slashdot and be a complete shit? You better post anonymously, fool.

    47. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Lord+Kano · · Score: 1

      They come from my law abiding grandmother who's house is broken into by a crack addict, who sells the piece to some arsehole that sells it to a gang member, who shoots my grandmother randomly on the street.

      They're also smuggled into the country from Europe and Asia. A few years back, the Chinese gangs in California were caught getting AK-47s off of boats from China.

      Another question I'd like to pose to the world: Why do we need handguns? What specifically do we have to own one for that couldn't be accomplished by a stun gun, rifle, or super-soaker (because I know how fun it is to shoot guns just to play, and I know its more fun to shoot my friends with water)?

      Well, the first reason that comes to mind is the ability to defend myself in most public settings. The next one is the ability to defend my home without worrying about shooting through a wall and killing a neighbor.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    48. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0
      How can you possibly "execute" the law (do you mean enforce the law?) without interpreting it?

      How stupid are you? If the law says it's illegal to blow a red light doing 70 mph, the cop doesn't have any interpretation to do.

      And I guess from the first part of your question that you think the president is the head of the "enforcement" branch.

      Hint -- from the Constitution -- "The executive Power shall be vested in a President of the United States of America." -- not the "enforcement power". Asshole.

    49. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by zCyl · · Score: 1
      That gives the Supreme court a tremendous amount of authority. But it does NOT give them sole arbitration over what is and what is not Constitutional.


      Allow me to emphasize:

      The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution


      If you have a specific law, which one party involved in a case claims violates a part of the Constitution, then a decision regarding whether or not it DOES violate the Constitution is under the authority given to the Supreme Court in that clause. The authority to determine whether or not laws contradict, and to determine which laws have legal priority, is clearly given to the judiciary any time someone presents them with a case which requires such a decision.
    50. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0
      It's everyone in government's job to interpret the constitution, not just those who have the final say.

      Your asshole must really hurt after pulling a big one like that out of it.

    51. Re:US DOJ is the EXECUTIVE, not JUDICIAL, branch by Anonymous Coward · · Score: 0

      Maybe he didn't find /. until a few years ago. I read it for years before I got a login, and I'm in the 5xx,xxx realm.

  42. Constitution has mechanism for amendment by coyote-san · · Score: 1

    The constitution already has a mechanism for amendment. If we decide to drop the Second Amendment, we can ratify a second amendment (no pun intended) that revokes the current one.

    We did that with prohibition.

    What we have now (and ongoing) is a question over what the terms actually mean today. That's a subtle question on many levels, esp. in a country where you have millions of people who live in cities with substantial police forces, and other people who live in rural counties where there may be one deputy on duty and it will take him 2 hours to answer a summons for help.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    1. Re:Constitution has mechanism for amendment by Exsam · · Score: 1

      You're right, erase is not the proper term to use but the net effect of removing that part of the constitution from play is the same.

      --
      "To face death, that's nothing much. But to feel really stupid when you die, well, that would be insufferable."
    2. Re:Constitution has mechanism for amendment by Dun+Malg · · Score: 1

      in a country where you have millions of people who live in cities with substantial police forces Part of the purpose of an armed populace is to keep the police in their place. Police need to have some level of fear every time they kick in a door that it will escalate into a high profile gunfight that will highlight their disdain for the 4th amendment. Being able to arrest people easily because they have no means of resistance is a bad thing.
      --
      If a job's not worth doing, it's not worth doing right.
  43. uhhh.... by LinuxEvangelist · · Score: 1

    What kind of military WOULDN'T bear arms? I can't imagine what the founding fathers would have been thinking by including language to ensure that the nation's military had arms. They included this in the Bill of Rights which, to me anyway, would make sense to be for regular, ordinary citizens - not specifically for individuals involved in the military. It makes better sense given the social and political climate of the time that they intended for the citizens themselves to be armed as a hedge against government tyranny. After all, it's harder for a government to oppress a people if those people are armed. Meanings other than that one don't seem to fit the overall mood of the rest of the Constitution as it was originally written. Nor do they fit in a purely historical sense. I just don't see precedent for a mindset in the founding fathers that would indicate that they DIDN'T intend average citizens to keep and bear arms.

    This assertion being made by these lawyers seems a bit ridiculous to me.

    *This message not endorsed by the NRA or its affiliates*

    1. Re:uhhh.... by Belial6 · · Score: 1

      And THAT is exactly it. It amazes me that people are arguing that any government would feel the need to put in writing that they have the right to a military. By that logic, we should be very worried that they didn't also include a right to breath and eat. Whether you agree with it or not, the only possible reason that the Founding Fathers would have put a right to bear arms clause in the Bill of Rights is because they wanted to make sure the people were armed against their own government.

    2. Re:uhhh.... by DragonWriter · · Score: 1
      What kind of military WOULDN'T bear arms? I can't imagine what the founding fathers would have been thinking by including language to ensure that the nation's military had arms.


      The militia is not the nation's military, they are two separate bodies. The national military provided for by the Constitution is the creature of the Congress and commanded by the President. The militia belongs to the states, is subject to regulation by Congress, and may in time of need be called into federal service; it is commanded by the President only when called into federal service. The idea that the second amendment exists only to protect firearm ownership in the context of the militia is that it exists as a limit on Congress so that it cannot prevent the states from maintaining a useful militia for their own needs, not that it exists to protect the federal military.

      Looked at another way, its an example of the states protecting their "military" from being abolished by the federal government.
    3. Re:uhhh.... by LinuxEvangelist · · Score: 1

      The militia is not the nation's military, they are two separate bodies. The language of the second amendment reads:

      "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."

      While I agree that a "regulated militia" may refer to a state run militia (ie. National Guard in modern terms); it does not indicate that simply the militia should be allowed to keep and bear arms. They could have worded it as such if that was their intent. However, they specifically say "the right of the PEOPLE to keep and bear arms." - which to me is extraordinarily clear language. Again, given the context of the Bill of Rights; given the context of the political and social climate of the time of the framing; given the words of the Founding Fathers themselves (which are VERY clear on this issue); and given that the PEOPLE themselves are the power of the Constitution - I see no other way to interpret this other than to say that the PEOPLE should be allowed to keep and bear arms - again, as a hedge against government tyranny and to provide for a good national defense. A state run militia is still a government run military entity. And while that may provide a hedge against federal tyranny, it does not protect the people themselves against potential tyranny from the state government - why would they provide protection in one sense but still not solve the problem of governmental tyranny as a whole? So again it would seem somewhat against the grain for anything other than the PEOPLE being allowed to keep and bear arms to be the intended meaning of the Second Amendment.
  44. Um. Where do you think they got the weapons? by Colin+Smith · · Score: 1

    The second that a civil war starts up, the arms manufacturers will have representatives in there with glossy catalogues full of RPGs, anti-tank/personell mines and generous finance terms.

    --
    Deleted
  45. Re:Seems to be working well in Iraq! by Anonymous Coward · · Score: 0

    People who expect their tax paid herders to protect them have no clue how effective small arms are.

  46. Context by pete-classic · · Score: 4, Informative
    This is from the answers page to my kooky political quiz:

    The first Congress passed the Militia Act of 1792, which said, in part:

    [. . .]That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia[. . .]


    So you see, militia was only meant to restrict who possessed firearms on a basis of race and sex, not based on military service.

    -Peter
    1. Re:Context by ozbird · · Score: 1

      So you see, militia was only meant to restrict who possessed firearms on a basis of race and sex, not based on military service.

      A "militia" by definition is a civilian army - as opposed to the "military", which is a professional army.

  47. Red Dawn by chia_monkey · · Score: 2, Funny

    Right, because your grand-daddy's rifle is really going to help against tanks and automatic weaponry.

    You obviously haven't seen "Red Dawn". Wolverriiiiine!!!!

    --

    "He uses statistics as a drunken man uses lampposts...for support rather than illumination." - Andrew Lang
    1. Re:Red Dawn by Sponge+Bath · · Score: 1

      ...haven't seen "Red Dawn"

      I say we let the Russians have Patrick Swayze and declare victory!

    2. Re:Red Dawn by chia_monkey · · Score: 1

      It is my firm belief that it was the movie itself that ultimately led to the breakup of the Soviet Union back in the day...

      --

      "He uses statistics as a drunken man uses lampposts...for support rather than illumination." - Andrew Lang
  48. Obligatory 2nd ammendment song by Anonymous Coward · · Score: 0

    Everybody sing...

    Black powder and alcohol,
    When the states and the cities fall,
    When your back is against the wall;
    Black powder and alcohol.
    Black Powder and Alcohol (c) 9/1/85 by Leslie Fish and Random Factors.

  49. Re: "Your Rights" ONLINE? by moeinvt · · Score: 1

    I always thought of this section as: "Your Rights" Online as opposed to "Your Rights Online"

  50. Re:What? / the camps by Anonymous Coward · · Score: 0

    "The mass ownership of guns is one of the leading causes of terror and misery in our society."

    I will await your eventual reconsideration:
    Do you really think that those old WWII internment camps are going to be turned into national parks?

  51. A monopoly of violence by Anonymous Coward · · Score: 0

    It makes sense to me that governments would try this. It is because governments try to acquire and maintain a monopoly of violence; that is to say that: it's bad for people to kill, but its ok for the government to go to war or to execute criminals. It's a necessary consequence of the "moral superiority" of the government's actions over those of the people. They hide behind a thin wall of "we are the will of many people, not just of one."

    But really, the opinion of 51 people out of a room of 100 is no more valid than the opinion of the remaining 49. So long as government perform actions with less than 100% consensus, the government has no right to impose actions or violence and claim it as the will of the people.

    For instance, the democracts recently "took" congress. However, this does not negate the fact that nearly half of the country voted against them. Similarly, Bush won the presidency, even though nearly half of the country voted against him. In neither of these situations does the party have a mandate. It is thus inappropriate for either to take controvercial actions (going to war, raising minimum wage, whatever).

  52. People can't read, especially lawyers... by PortHaven · · Score: 4, Insightful

    "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."

    I've noticed there has been a trend to re-structure the sentence of the 2nd Ammendment and interpret it on the basis of a "well regulated militia" and then equate this to the National Guard and thus declare the 2nd Ammendment fullfilled.

    This is incorrect, and is not what is said above. There are two aspects to the above statement.
    1) that a well regulated militia is necessary to the security of a free stae
    2) the right of the people to keep and bear Arms shall not be infringed

    What we have is a stacking of concepts. A militia is necessary to the security of a free state. Militias draw from the people, both arms and manpower. Therefore, it is necessary for the people to retain the right to bear arms or there is no means to call up a militia.

    If you remove the right to bear arms from U.S. citizens then you have no means to call up and organize a militia. You will have a bunch of unarmed men unable to defend their country. This is well understood within the context of the Constitution being written. A simple test can be done to express such.

    Apply both interpretations, which one would fit and fulfill the needs of the time. If we apply the traditional interpretation everything fits. However, if we apply the re-interpretation you find yourself in a place in which the American Revolution would never have existed. Let' remove all guns from ownership by the colonials. The only guns are now owned and in the hands of the British Army and the regulated militias under the British. The colonials now are completely unarmed facing both the regulars of the British Army and the militias under the British.

    Clearly there is no way that this was the intention of the authors of the Constitution. And if the courts ever decided to re-interpret such ammendments it is the right of every arms bearing American and the duty of every U.S. soldier (if you've ever served you swore an oath to protect this country from powers both foreign and domestic) to kill those judges and remove that segment of government from power.

    The 2nd ammendment is our assurety against tyranny. It is the last and final line in our "checks and balances" within the government.

    - Saj

    1. Re:People can't read, especially lawyers... by Anonymous Coward · · Score: 0

      And if the courts ever decided to re-interpret such ammendments it is the right of every arms bearing American and the duty of every U.S. soldier (if you've ever served you swore an oath to protect this country from powers both foreign and domestic) to kill those judges and remove that segment of government from power.

      Whoa, whoa, whoa, whoa, whoa! Let us not get ahead of ourselves here, the right to bear arms in no way gives anyone a right to kill.

    2. Re:People can't read, especially lawyers... by dsci · · Score: 1

      Whoa, whoa, whoa, whoa, whoa! Let us not get ahead of ourselves here, the right to bear arms in no way gives anyone a right to kill.

      Just what do you think the purpose of "arms" is? To dip in chocolate and eat sweets?

      What the GP said is very true...as a LAST resort (and he stated it as such), as in when NOTHING else works. In other words, self defense IS generally thought to be justification for killing, at least within the framework of the US legal system. All that is different in this context is that the aggressor is the government itself.

      --
      Computational Chemistry products and services.
    3. Re:People can't read, especially lawyers... by flushingmemos · · Score: 0

      You're shifting the context. The Constitution wasn't made to govern under the British, it was made to govern as part of a federal system. So your argument (the reinterpretation of the second amendment to apply to members of militias doesn't make sense because who'd want only British militias having guns) is flawed, since the Constitution is talking about militias within a federal system.

      So my understanding, like yours, is that the second amendment is designed to allow states and individuals (not under direct government authority like the nat. guard) to have guns for the purpose of forming militias that can take on the more centralized parts of the government if they become tyrannical. But the words "well regulated" are still in the amendment. You're saying that restricting the ability of gangbangers and yahoos to pack heat outside of any defense organization is unconstitutional, but that is certainly more debatable than your "test" indicates, since the Constitution and these DC lawyers are talking about a People's militia, and you're talking about a British one.

    4. Re:People can't read, especially lawyers... by Pros_n_Cons · · Score: 1

      Some very strong language was said in there but you're right.
      too many people think there are grey areas and that law is something to be played with and twisted with language. Law is suppose to be about commonsense. If someone uses twists and turns to interpret the law instead of the black and white meaning then make no mistake. that is an attack on you and things you care about.
      Thank god the constitution was such a well written document or lawyers would have ripped it to peices by now. They're still trying but we're lucky to still have judges out there who use common sense in what context the constitution was written in.

      --

      -- "of course thats just my opinion, I could be wrong." --Dennis Miller
    5. Re:People can't read, especially lawyers... by istartedi · · Score: 1

      In fact, you could remove the first part of the 2nd ammendment, and it wouldn't really matter. The "regulated militia" part, is just a justification, not a description of the right. It could just as easily be:

      Hamburgers on Tuesday begin desireable, the right of the people to keep and bear arms shall not be infringed.

      The knowledge of what a "hamburger" is could have been lost in the mists of time, just as the meaning of "militia" has been muddied. It doesn't matter, becaues the "actionable" part of the ammendment is that the right of the people to to keep and bear arms shall not be infringed.

      You could argue that without justfication the action is not supported, but many of the other rights are spelled out without justification. Also, as a general rule, laws are not removed from the books just because their justification is no longer relevant. Until they have an ammendment to remove the 2nd, I don't see how anyone could say they uphold the Constitution without supporting the right to keep and bear arms.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    6. Re:People can't read, especially lawyers... by John+Newman · · Score: 1
      The only guns are now owned and in the hands of the British Army and the regulated militias under the British. The colonials now are completely unarmed facing both the regulars of the British Army and the militias under the British.
      Those "regulated militias under the British" were the folks who stood their ground at Lexington and Concord. The colonial resistance weren't a bunch of random farmers, but were the longstanding, government-supported state and local militias. In prior wars they had been called into British service, fighting as colonial units on the frontiers and in Canada. However, it seems as if there is no modern equivalent to these local militias, since the National Guard - while composed of part-time citizen-soldiers - is too closely tied to the federal government, and local law enforcement - while local - is all-professional and therefore detached from the People.
    7. Re:People can't read, especially lawyers... by RhythmStep · · Score: 1

      The 2nd Amendment may not be much of a "systems" issues. As system and constitutional issues go tho, try this one for controversy - repeal the 17th amendment. According to the blog and the advocates, this is the cure for Iraq, out of control spending, and excessive control by the federal government.

      http://repealthe17thamendment.blogspot.com/

    8. Re:People can't read, especially lawyers... by m50d · · Score: 1

      This is incorrect, and is not what is said above. There are two aspects to the above statement. 1) that a well regulated militia is necessary to the security of a free stae 2) the right of the people to keep and bear Arms shall not be infringed These are joined by the word "being", which is a conditional. What the statement actually says is IF 1) is the case THEN 2) applies.

      --
      I am trolling
    9. Re:People can't read, especially lawyers... by violent.ed · · Score: 1

      I will burn a karma point or two just to compliment your post. Thank You. You just expressed the exact mentality behind the 2nd ammendment. If they want to take our guns away by vetoing or altering any part of the 2nd ammendment as it is understood, and has been understood for hundreds of years, then we have every right, nay, the DUTY to forcefully remove such tyrants/traitors from office. By forcefully I do not neccesarily mean by the usage of firepower, but if the failure of our existing legal avenues of recourse results to that, then so be it. . . ... BUT, lets wait a few days so my application to buy a rifle from Wal-Mart gets approved before the war starts please.

      --
      - You're not paranoid, they really are after you.
    10. Re:People can't read, especially lawyers... by Anonymous Coward · · Score: 0

      The word "being" is a gerund, not a conditional. To the extent it links anything, it links its subject ("a well-regulated militia") and object clause ("necessary for the security of a free state"). Its effect in the sentence is to subordinate the first half of the sentence to the second half. It does not consider the case that a well-regulated militia might not be necessary to the security of a free state -- it is a flat statement that it is necessary. Thanks for playing, retard.

    11. Re:People can't read, especially lawyers... by m50d · · Score: 1

      Try applying that reasoning to the other places "being" is used in the constitution. It no work.

      --
      I am trolling
  53. The Tree of Liberty by CRMeatball · · Score: 1

    The second amendment has nothing to do with deterrence of wackos bent on shooting you. It is all about the checks and balances found within the US government. Each branch of the gov has the ability to check and balance the others. This prevents one branch from becoming dominant, thereby keeping the power evenly distributed. The second amendment provides the same structure between the people and the government, as clearly defined in the Federalist Papers comment above. The Founding Fathers were always concerned with tyrants rising to power, so right was "protected" by the Bill of Rights. Note the right was not granted. One of the unique principles of the US Constitution is that it establishes that the government derives its power from the governed, not the other way around. This means the government cannot "grant" any right. It is simply beyond the scope of its power. Therefore, without the permission of the majority, it cannot take away any right of the people. Thomas Jefferson said "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Imagine, for a moment, if the people in 1776 were denied the right to bear arms. Would the Revolutionary War have taken place? Would the tyranny imposed by the British monarch have ended? I suspect the world would be very different. The United States is the longest lived republic for a reason, and that reason is that the power the government holds is balanced by the people, through elections and the fact they can refresh the tree of liberty as necessary

  54. Iraq is a good example of this by PIPBoy3000 · · Score: 3, Funny

    The US military is the best in the world, but put them in a country where AK-47s, RPGs, and plastique are easy to obtain and that country can effectively harrass them until they leave. Not that I'm advocating widespread RPG ownership in our country, but it would certainly make those Canadians think twice before invading us.

    1. Re:Iraq is a good example of this by shmlco · · Score: 1

      "...but it would certainly make those Canadians think twice before invading us."

      Canadians? I thought we were worrying about the Mexicans?

      Oh. Right. The Canadians are our enemy. The Canadians have always been our enemy...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    2. Re:Iraq is a good example of this by Das+Modell · · Score: 1

      Do you think another military would perform better in Iraq? They wouldn't. The US military could be twice as powerful as it is now, and it probably wouldn't make any difference in there. Sure, they could effortlessly reduce Iraq into a pile of rubble and kill everyone, but that's not their goal.

    3. Re:Iraq is a good example of this by devilspgd · · Score: 2, Informative

      We did burn down the white house, way back when...

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    4. Re:Iraq is a good example of this by Xzzy · · Score: 1

      I've always found it amusing that that factoid was never once given to me while I was in school (in the US). When we studied the war of 1812 for a month, and it was never mentioned once.

      Wasn't until years later when a Candian friend of mine mentioned it in passing that I was enlightened. Did a bit of a WTF at the time, and later looked up the details of why/when it happened.

      Not much of a conspiracy theorist, there's always the chance that I just wasn't paying attention to that stuff in class, but I do find it amusing that certain uncomfortable facts get left by the roadside.

      Was a lot about the Civil War that was left "unrevealed" until I read further on the topic post graduation.

    5. Re:Iraq is a good example of this by Lord_Dweomer · · Score: 1

      Why do I have an image in my head of a Canadian rocket-jumping over the border yelling, "Up here ay?!"

      --
      Buy Steampunk Clothing Online!
    6. Re:Iraq is a good example of this by devilspgd · · Score: 1

      "Good facts" rather then "real facts" -- Don't feel bad, the Canadian edumication system isn't much better.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    7. Re:Iraq is a good example of this by Herkum01 · · Score: 1

      it would certainly make those Canadians think twice before invading us

      Yeah, but we can still give them the Baldwin brothers

    8. Re:Iraq is a good example of this by bogjobber · · Score: 1

      I agree. In my history class, there was a small section about how the White House was burned down, but it did not give any details about how and why. They certainly didn't get into how it was pretty much a miracle that we actually won that war. A lot more time was spent on issues such as impressment of American sailors and "The Star Spangled Banner." And of course for the Civil War we got the usual slavery vs. abolitionists story with none of the actual important details of why the war was fought and the consequences for both sides (other than emancipation of course).

    9. Re:Iraq is a good example of this by Anonymous Coward · · Score: 0

      ironic, but that is the main weakness of the US army: it doesn't reduce countries to rubble and kill everyone. Oh, it makes a plenty big mess. But old school pacification meant threatening civilians with wholesale slaughter. I'm glad we don't do that. Unfortunately we're fighting in a place where the most brutal actors win.

    10. Re:Iraq is a good example of this by radtea · · Score: 1

      They certainly didn't get into how it was pretty much a miracle that we actually won that war.

      That would be a miracle, because you didn't. :-)

      Both sides claim victory in the War of 1812 because neither side lost, and if you didn't lose you must have won, right? For some reason no one has ever introduced the concept of a tie into warfare. It's a bit odd when you think about it.

      The de-militarization of the Great Lakes was arguably a win for both sides, but like most wars the losses on both sides were more significant than the gains. Economists tell us that rational individuals would never go to war, because it makes no economic sense. This was certainly the case in 1812, and the fact that both sides claim victory when both should have accepted it as a defeat says something about the level of rationality amongst humans.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    11. Re:Iraq is a good example of this by krenskeoz · · Score: 1

      Actually there are numerous militaries who would of done better. But it really depends on your definition of better and what the objective is.

      If it is to find WMD's then no military is really needed, I don't think this needs to be elaborated on. If it is to simply conduct regime removal then yes it is doable in such a way that years of war are unnecessary. If it is to decapitate the entire government and social structure and then rebuild it then No, there's not much any military could do. If it is to pacify the population while attempting to gain cost recovery then Yes other militaries can do it better. (The Romans for example would of eliminated 10% of regional population for each attack on their personele.) If it is to do something not properly defined, in the glare of public scrutiny with lots of legal uncertanties then most militaries (especially those involving conscription) would have very heavily asked not to be involved and may well have revolted. I suspect the German populace with military support would have lynched their civilian government literally, if they had got Germany stuck in something like this.

      I think the point is that no one and I do mean no one (including Bush here, he has publically restated reasons so many times) knows why the US is their or what any ongoing mission is, what has support or how to finish. I believe that was the point of a Iraq study group and even that is being seriously trashed by many people.

    12. Re:Iraq is a good example of this by Das+Modell · · Score: 1
      If it is to pacify the population while attempting to gain cost recovery then Yes other militaries can do it better. (The Romans for example would of eliminated 10% of regional population for each attack on their personele.)

      Wouldn't work. Jihadists don't care if you kill them, since there's nothing more glorious than to become a martyr, and there's an infinite supply of reinforcements anyway.
    13. Re:Iraq is a good example of this by SpacePunk · · Score: 1

      "but it would certainly make those Canadians think twice before invading us."

      It's already happened. Canada is the only country to invade us, and burn our capitol to the ground.

    14. Re:Iraq is a good example of this by Anonymous Coward · · Score: 0

      it really depends on how willing a country is to bomb:P a few dresdens and most countries won't have much fighting spirit left. and thats our mistake, we fight too softly now, and this war with low casualties is just false. you must make sure a people know they are truely defeated or else you end up with say.. nazi germany, the palestinians..and the iraqi insurgents.

  55. cops by oyenstikker · · Score: 1

    Say, for example, that somebody gets the Supreme Court to decide that only well regulated militias have the right to arms, and then to interpret "regulated" to mean federally regulated. Would that mean that cops can no longer carry guns?

    --
    The masses are the crack whores of religion.
  56. It is already defined! by pilot-programmer · · Score: 1

    Why do we need to define the phrase now? You can refer to dictionaries that existed at the time the Bill of Rights was authored, and you can review how the phrase was used in other contemporary writings. Through the 18th and much of the 19th centuries the phrase "well regulated" was used to mean properly functioning.

    And how about the definition of Militia? That term was defined in the Militia Act of 1792, and federal law currently defines the unorganized militia.

    1. Re:It is already defined! by Flounder · · Score: 3, Informative
      Just to expand on the definition of militia.

      http://caselaw.lp.findlaw.com/scripts/ts_search.pl ?title=10&sec=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.

      --

      No boom today. Boom tomorrow. There's always a boom tomorrow. - Cmdr. Susan Ivanova

    2. Re:It is already defined! by myowntrueself · · Score: 1

      (a) The militia of the United States consists of all able-bodied males at least 17 years of age

      So once you exclude the non-able-bodied, obese males you really arn't left with a whole lot...

      --
      In the free world the media isn't government run; the government is media run.
    3. Re:It is already defined! by killjoe · · Score: 1

      Interesting that they exclude women not in the national guard. I don't think this law would stand up in court if it excludes women (or the disabled for that matter)

      --
      evil is as evil does
  57. PA constitution Individual and unchangable right by Anonymous Coward · · Score: 0

    From Act I

    Right to Bear Arms
    Section 21.

    The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

    Section 25.

    To guard against the transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.

    Maybe the feds needed to use clearer language. Of maybe they never thought we'd be splitting hairs on this on.

  58. Re: "Your Rights" ONLINE? by shmlco · · Score: 0, Flamebait

    Yes, but "Your Rights Online" makes more sense from a "News For Nerds" perspective. What do computer geeks care about whatever happens offline?

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  59. Um, you do of course realize... by MuNansen · · Score: 0, Flamebait

    ...that these are probably GOP-influenced lawyers, right? They just had their asses handed to them, and we're 2 years from electing a new pupp, er....president. Best get started now. If they can really rile up a good shitstorm, "They wanna take away your guns so the terrorists can kill you!" will make for a very effective stump speech.

    1. Re:Um, you do of course realize... by Lord+Kano · · Score: 1

      You do of course realize that the law in question was passed by Democrats in Washington DC, right?

      I'm sure that the ass kicking that the GOP just got and the fact that we're likely to lose the white house in two years is influencing this as well. It's my suspicion that the GOP wants to get more work done so that the Democrats will have to work HARD to undo it and piss off a large base of voters before they can take us any further back than we are today.

      In 1994, when Clinton passed the Brady Act and his gun ban it pissed off so many voters that the Demorats lost the House and Senate that fall. Bill Clinton himself acknowledged this in his 1995 state of the union address.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  60. They already have... by Anonymous Coward · · Score: 0
  61. I have but one thing to say by genrader · · Score: 1

    "For a people who are free and who mean to remain so, a well-organized and armed militia is their best security. It is, therefore, incumbent on us at every meeting [of Congress] to revise the condition of the militia and to ask ourselves if it is prepared to repel a powerful enemy at every point of our territories exposed to invasion... Congress alone have power to produce a uniform state of preparation in this great organ of defense. The interests which they so deeply feel in their own and their country's security will present this as among the most important objects of their deliberation." --Thomas Jefferson: 8th Annual Message, 1808. ME 3:482 "None but an armed nation can dispense with a standing army. To keep ours armed and disciplined is therefore at all times important." --Thomas Jefferson, 1803. "It is more a subject of joy [than of regret] that we have so few of the desperate characters which compose modern regular armies. But it proves more forcibly the necessity of obliging every citizen to be a soldier; this was the case with the Greeks and Romans and must be that of every free State. Where there is no oppression there can be no pauper hirelings." --Thomas Jefferson to James Monroe, 1813. "A well-disciplined militia, our best reliance in peace and for the first moments of war till regulars may relieve them, I deem [one of] the essential principles of our Government, and consequently [one of] those which ought to shape its administration." --Thomas Jefferson: 1st Inaugural, 1801. "[The] governor [is] constitutionally the commander of the militia of the State, that is to say, of every man in it able to bear arms." --Thomas Jefferson to A. L. C. Destutt de Tracy, 1811. "Uncertain as we must ever be of the particular point in our circumference where an enemy may choose to invade us, the only force which can be ready at every point and competent to oppose them, is the body of neighboring citizens as formed into a militia. On these, collected from the parts most convenient, in numbers proportioned to the invading foe, it is best to rely, not only to meet the first attack, but if it threatens to be permanent, to maintain the defence until regulars may be engaged to relieve them." --Thomas Jefferson: 1st Annual Message, 1801. ME 3:334

  62. They'll just bomb you from orbit by arcite · · Score: 1

    Its the ONLY way to be sure. ;)

  63. 2 cents by sckeener · · Score: 1

    Coming late to the discussion but felt like I had to say something....

    guns are not the problem....fear of your neighbor is.

    --
    "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
  64. Some statistics... by malaxi · · Score: 5, Informative
    I wrote a thing up for my book club a year or two ago when we started talking about gun control and how dangerous "just having guns around" is, so I looked into it. I know this is long, but maybe some of you will find the numbers different than your intuition tells you. (Disclaimer: I am pro-gun).

    These numbers are all from the CDC.

    http://webapp.cdc.gov/sasweb/ncipc/mortrate10_sy.h tml

    My queries are for the years 1999-2002 (all they have), the entire U.S., all races, both sexes, all ages. (four year totals)

    Unintentional death by falling : 57,760
    Unintentional Pedestrian deaths: 24,079
    Unintentional Drowning : 13,739
    Unintentional death by burning : 13,642
    Unintentional Firearms deaths : 3,164
    Unintentional Bicyclist deaths : 3,099

    You can also break it down by age range. If we're worried about the teen years, we can look at ages 12-18. (four year totals)

    Unintentional Pedestrian deaths: 1,561
    Unintentional Drowning : 1,495
    Unintentional Firearms deaths : 494
    Unintentional Bicyclist deaths : 453
    Unintentional death by burning : 423
    Unintentional death by falling : 306

    Younger still, ages 1-11: (four year totals)

    Unintentional Pedestrian deaths: 2,118
    Unintentional Drowning : 2,870
    Unintentional death by burning : 1,920
    Unintentional Bicyclist deaths : 371
    Unintentional death by falling : 292
    Unintentional Firearms deaths : 164

    Accident-wise, young kids have a lot more to worry about than guns. And teenagers are almost as likely to die on their bicycles. God forbid they're bicycling to the swimming pool... or even worse, *walking* to the swimming pool ... but yes, there are gun accidents.

    Non-accidental deaths:

    It's interesting to note that more than half of violent deaths attributed to firearms are suicide. Whenever you read an article in the media that mentions the number of gun deaths it's a good bet that they're including suicides.

    • Violent deaths by firearm: 113,160 (includes suicides)
    • Suicide by firearm: 67,162

    Now I, personally, don't mind if people kill themselves. More power to them. I do agree that that there is a lower barrier to entry when using a gun and understand that depressed people might not be the best people to own guns, but gun control isn't really the solution to depression.

    So, anyway, taking out suicides leaves us with:

    • "legal intervention": 1,192 (cops killing criminals?)
    • Homicide by firearm: 44,806 (11.2K per year)

    As compared to

    • Non-firearm homicides: 26,794 (6.7K per year)

    So, more people are definitely intentionally killed by guns than by any other single cause, roughly 11K people per year.

    But...

    How many times are guns used defensively? Since defensive gun use isn't something that is reported (like an offensive gun use is), numbers are harder to find. Here is the page I have bookmarked with the only numbers I've ever seen. (refers to Gary Kleck's survey and a DOJ-sponsored study, and has a table of the results of 13 other surveys). (Gary Kleck is a criminologist at FSU - and, no, he's not an NRA member. http://www.criminology.fsu.edu/p/faculty-gary-klec k.php)

    Summary: Kleck thinks defensive gun use happens 2.5M times per year, other surveys listed range between 770K and 3.6M. The DOJ study thinks it's 1.5M times per year.

    Let's aim low and go with 1M defensive uses per year. The question posed at the book club was "when does the ratio become w

    1. Re:Some statistics... by Pros_n_Cons · · Score: 1

      Excellent work, excellent.

      --

      -- "of course thats just my opinion, I could be wrong." --Dennis Miller
    2. Re:Some statistics... by dummondwhu · · Score: 1

      Damn man, you're my hero. This is exactly the kind of statistics that people need to made aware of so they can make informed decisions. The media and anti-gun zealots have tempered the fears of generations of people that think that guns are inherently dangerous.

      I'm just about through John Lott's "More Guns, Less Crime" and the results are more striking than what I expected when I started it. Someone mentioned earlier in this thread how guns are more of a problem in urban areas versus more rural areas. Ironically, Lott's study shows that urban areas benefit most from more liberal gun laws, as there is a direct correlation between gun ownership (more specifically the liberalness of a state's concealed-carry laws) and a drop in crime. If I recall correctly, the murder rate is something like 127% higher in states with the most strict gun laws, versus the states with liberal concealed-carry laws.

      While I don't want guns in the hands of violent criminals or people with mental illness or people who are both, at the same time Lott has shown that the net gains of having looser gun regulations are statistically significant.

      Most interesting is where he mentions in one chapter that as of the time he finished his original study he didn't even own a gun because his wife refused to have one in the house. She wouldn't even let their kids play with water pistols. As of the conclusion of his study, they now have a gun in the house.

      All that said, aside from the Second Amendment (my feelings on it should be easily inferred), I think the issue of self defense is important. I don't believe the Second Amendment needs to necessarily include the idea of personal defense. My belief is that the right to defend oneself is a fundamental right of nature. It shouldn't need to be written on a piece of parchment. We have laws to punish criminals, but what recourse does a law-abiding person have to avoid becoming a statistic in the first place if not by having the option of lawfully arming themselves when they feel that they need to? As much respect as I have for them, even working at maximum efficiency, the police can really only hope to figure out whodunit a vast majority of the time. Why should victims be sacrificed in the name of "community safety" when the perceived gains of tighter gun laws are not even the truth of the matter?

    3. Re:Some statistics... by Anonymous Coward · · Score: 0

      Well, based on the sports vs. firearms injuries and deaths, Thomas Jefferson was right.

    4. Re:Some statistics... by Tim+C · · Score: 2, Insightful

      The media and anti-gun zealots have tempered the fears of generations of people that think that guns are inherently dangerous.

      Guns *are* inherently dangerous - but so is gas, electricity, and many other things we have in our homes. The only question is whether the benefits outweigh the dangers.

    5. Re:Some statistics... by swillden · · Score: 1

      "An estimated 3.3 million children in the United States live in households with firearms that are always or sometimes kept loaded and unlocked."

      Interesting numbers, thanks, but I just had to comment on this. I find this number to be ridiculous, and I think it indicates that we to focus on better firearms education. Why in the world would you keep loaded firearms around, even if you don't have kids? That's just asking for trouble.

      I suppose most of those "loaded and unlocked" weapons are intended for home defense, but even for that application there's no reason to keep the weapon actually loaded. Most of them are probably semi-automatic handguns and the solution there is easy: store the gun and magazine in easy reach, but separately. Store the gun with the slide locked back, so preparing the gun for firing is a simple matter of inserting the magazine and releasing the slide. If you have kids, then you should go the extra step and lock the weapon up as well, until they've had appropriate firearms training, and it doesn't hurt even then. Trigger locks are okay, but IMO a simple lockbox is cheaper and probably easier to open, and you can put other valuables in it as well. Revolvers are a little more problematic. You can store them loaded, but locked up, but I think it would be wiser to get a speedloader so you can store the revolver empty but prepare it for use quickly.

      I own a half-dozen guns, and most of them are locked up most of the time, but they are never, ever stored loaded (excepting my muzzleloader, which is sometimes stored loaded -- but without a primer -- for short periods because there's no way to unload it except by firing it). There's just no reason to take that risk.

      If the federal government wants to do something to reduce accidental firearms deaths, we should fund firearms training courses to teach people how to store and use their guns safely. That would immediately reduce the death toll, and it wouldn't raise any constitutional questions.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    6. Re:Some statistics... by dummondwhu · · Score: 1

      Guns *are* inherently dangerous - but so is gas, electricity, and many other things we have in our homes. The only question is whether the benefits outweigh the dangers. That's overstated. A gun isn't going to shoot anyone until it's loaded, pointed at someone, and fired. While it's sitting on the table (even loaded), it's no danger to anyone. I know this is such a cliche now, but it really is true: Guns don't kill people, people do. Can a gun be used to kill someone? Absolutely. I'm sitting here looking around my desk and I believe I could kill someone with the following items: scissors, telephone, pens, several heavy books, PC (including the peripherals), stapler, and a coil of spare cat-5. None of those things are inherently dangerous until I decide to pick them up and do harm to another. Guns should be respected and owners should do their part to make sure they are properly able to keep, use, and maintain them safely, but I cannot agree that they are inherently dangerous.

      I do think your overall point is valid, and I believe that the answer is "yes, the benefits outweigh the dangers", but as I said, I just take issue with the idea that guns are inherently dangerous. All of those items on my desk are dangerous in the hands of someone that wants my wallet more than I do or who feels like they need to do me in because I walked down the wrong alley.

    7. Re:Some statistics... by L0rdJedi · · Score: 1

      A semi-automatic handgun with the magazine loaded, and separate from the gun, is defined, at least in California, as being loaded. Also, a gun with the slide locked back is still considered unlocked because there's no trigger lock or cable running through the slide. What you've just mentioned is exactly what most responsible gun owners probably do (unless they live in high crime areas). I know it's what I do (aside from locking the slide back).

      I'm not sure about this, but I think the gun is still considered unlocked unless there's a trigger or cable lock in it and it's in a locked gun case. Yeah, California's a bit weird about being overly safe with guns at the expense of not educating people about them.

    8. Re:Some statistics... by heypete · · Score: 2, Insightful

      The long guns in my safe are kept unloaded, with ammo either in magazines or its original boxes nearby (usually either in ammo cans in the safe, or on a shelf immediately outside the safe).

      My bedside pistol, however, is kept loaded with a round chambered (the Springfield XD-45, like most pistols, this is perfectly safe to do, so long as one does not disengage the safeties and pull the trigger). This gun sits in my bedside table drawer and is kept in a holster to prevent accidental actuation of the trigger. In the event of an emergency -- particularly late at night when I'd be disoriented -- it's far easier to grab the grip of the pistol with one hand and grab the holster with the other and pull the two apart than it would be to grab a magazine, ensure it's facing the right way, and insert it into the gun.

      Leaving the slide open is just asking for an accident -- having a slide close on your finger hurts a lot, and could easily interfere with a self-defense scenario.

      In many home defense scenarios, time is of the utmost importance. While in a non-stressed situation, you or I could think clearly enough to insert the magazines, close the slide, and make the gun ready to fire without any trouble, it's much more difficult in a stressful, dark situation where one might have just been awakened. Keeping things simple is key.

      Also, note that many homes that have children and guns may very well have children who are properly trained in the safe use of guns, and won't handle them without adult supervision. For some families, it may be more prudent to have a lockable gun box next to the bed or in the closet to keep their kids from accessing the guns (particularly useful with very young children), but for others it might not be necessary. Remember that "children" is often defined as those under 18 -- I know several people who have teenage offspring who are mature, educated, and better trained in firearms than most people. It's not these people you need to worry about.

      Just my $0.02.

    9. Re:Some statistics... by sly · · Score: 1

      You left out the fine print.

      Unintentional death by falling : 57,760 (shot while climbing)
      Unintentional Pedestrian deaths: 24,079 (shot while crossing a street)
      Unintentional Drowning : 13,739 (shot while swimming)
      Unintentional death by burning : 13,642 (shot while cooking)
      Unintentional Firearms deaths : 3,164 (shot twice)
      Unintentional Bicyclist deaths : 3,099 (shot while cycling)

    10. Re:Some statistics... by KillerBob · · Score: 1
      A gun isn't going to shoot anyone until it's loaded, pointed at someone, and fired. While it's sitting on the table (even loaded), it's no danger to anyone.


      Never seen/heard of a round cooking off because of other factors, I take it? They do occasionally cook off without you pulling the trigger, though such cases are exceedingly rare. It can be caused by fire, electrical shock, overheating, poor storage, or a number of other avoidable factors. As to actual gun control? It's a double-edged sword. I work with guns and rifles on a daily basis. It's my job. I'm trained with the maintenance and operation of restricted and prohibited weapons as a member of the military. Should the average Joe sixpack be allowed to own an assault rifle, an easily concealed weapon, or a semi- or fully automatic weapon? I don't think so.

      Now... take this as an outsider's view (I'm Canadian), but I very much doubt that the founding fathers of the USA had M16 or other fully automatic weapons in mind when they wrote the 2nd ammendment. Even revolvers or magazine-fed weapons hadn't been invented yet: they only had long-muzzle smooth-bore muskets and single-shot muzzle-loading pistols as their frame of reference, and I suspect that they had no reason to presume that the technology behind weapons would advance as quickly as it has, or in the direction it has.

      I have no problem with people being allowed to possess manually-fed or single shot weapons, as long as they are responsible with the ownership. You should be (and are) required to obtain a license, and to attend firearm safety classes. What isn't covered by law is proper maintenance of weapons, and recertification. In the military, I'm required to recertify every year on all of the weapons I use. This includes marksmanship testing, and proving that I know how to take care of and maintain my weapon. And there's a damned good reason for that: if I can't shoot straight, the weapon in my hands is a hazard to everybody else. If I'm not taking care of my weapon, I can get myself killed, and I can get the guy standing next to me killed. Civilian laws should be the same.

      To wit: If you want to own a rifle or shotgun for hunting or home defense, more power to you. So be it. I wouldn't own one myself, but I'm not going to stop you, as long as I am satisfied that you know what the hell you're doing. If you want to own a pistol, I don't mind, as long as it is not semi- or fully automatic, and has a reasonably small magazine. There's a reason you can't own a weapon in Canada with a magazine larger than 5 rounds. And pistols should absolutely be restricted to a higher degree than rifles and shotguns, because they can be easily concealed. In all cases, you should be required to submit your weapon to a smith for inspection on an annual or semi-annual basis to prove that you've been taking proper care of it (and they should be allowed to suspend your license if you haven't), and you should be required to maintain your proficiency with the weapon by undergoing state-monitored recertification in weapon safety, maintenance and marksmanship on a regular (and frequent) basis. I honestly think that the biggest risk in civilian gun ownership is people who buy one and have no fucking clue how to use or take care of it. It's a tool. In the right hands, it's a very effective tool. In the wrong hands, it's a hazard to everybody.

      I've seen people unload an entire mag (13 + 1 in the chamber for the Browning HP that we use) from 15 feet away and hit nothing, and there's no reason for that to happen. Pistols are not difficult weapons to master. But you absolutely *need* to practice with the weapon for it to be effective. If you can't hit 10/10 from 20m away under controlled conditions, then you have no fucking business owning a pistol.

      And I think it's a privilege, not a right. Just like driving.

      Oh, one last thing. Sort of a post-script. I wish that media would stop calling them "guns". Call them what they are: weapons.
      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    11. Re:Some statistics... by pavera · · Score: 1

      Well, since you live in Canada, you probably wouldn't know...
      The 2nd amendment has very little to do with self defense, or anything else. It is 100% about being able to overthrow the government.

      If the gov't has m16s, m1a1 tanks, etc, and they decide that they are going to impose a police state on the populace (which is armed with pitch forks, or even single shot pump action shotguns, or muzzle loaders....) the gov't is going to have 0 problem imposing their will on the people.

      If the populace can go buy the same weaponry as the military (or at least a similar level of weaponry at least automatic weapons) then the gov't is going to have a lot more problems imposing their will.

      The founding fathers were not thinking about crime, robberies, or anything else. The were 100% concerned with providing the means to revolt to keep the government honest.

    12. Re:Some statistics... by loraksus · · Score: 1

      For handguns, I always lock the slide back and insert the lock through the barrel instead of through the side (the lock has a protective coating, so the barrel doesn't get scratched. Seeing something is run through the barrel ensures that a round wasn't left in the chamber either...

      IIRC, if the loaded magazine is stored in a separate locked container you're ok, but gun laws are such a patchwork, check with your local cops or whoever.

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    13. Re:Some statistics... by Anonymous Coward · · Score: 0

      Ah, but these statistics don't tell you anything useful. For instance, let's consider the statistic of how many people die each year via transport accidents. This is very, very large - the leading cause of unintentional death. People die from car accidents, train accidents, and biycle accidents constantly. However, those are a part of life, and necessary for an industrialized society. Deaths by burning are the same - the way our society functions you're going to have some baseline of deaths by fire each year (also worth noting is that the WTC attacks took place in this time period, and I'm not sure what category they were counted in). Drowning and falling, likewise, are not terribly preventable causes of death, and not giving children playgrounds will result in obese children, leading to more deaths via obesity than deaths via falling off the jungle gym.

      You're looking at twice as many people per year being killed by gun than every other cause of homicide combined. Now, you may say "But 1 million people defended themselves with a gun!" Now, this may or may not be true (this sounds suspiciously like an unknowable statistic to me), but let's assume it is true. How many crimes were committed in that same period of time by people armed with guns? How many times did the person who defended themself with a gun do so because the person they were defending themselves from themselves had a gun?

      You see, your statistics are meaningless because guns are not a necessary part of modern society. If we got rid of them entirely (impossible, I know) the rate of homicide due to guns would drop to -0-. Now, obviously this is impossible, and probably unreasonable. But when you restrict guns, you do lower the number of homicides committed, especially with guns. This has occured time and again, and if you look at the rate of gun death in countries with stronger gun laws as compared to the US, you'll find they have lower homicide by gun rates (they also have lower homicide rates, but more on that later).

      Guns themselves kill 750ish people a year on their own according to your statistics; add that to people using guns to kill people and you're topping 12k deaths a year due to firearms. This could be greatly reduced by gun control. Now, even assuming we got rid of all guns, that doesn't mean 12k less people per year would be murdered - we'd probably see a slight rise in homicides committed with other weapons, simply because some of those people who killed other people with guns are likely to kill people with, say, knives. However, it is a great deal easier to kill someone with a gun than it is with a knife, and it is a lot harder to run from a gun than a knife.

      Guns don't make you safer, they give the illusion of safety. Fewer people with guns would equate to a lower murder rate in the US, though it would likely still be higher than in comparable civilized countries simply on the basis of the US being a rather violent country culturally. Your statistics are a terrible analysis of the situation because your statistics don't tell us anything useful. No one is going to say we should ban doctors, even though medical errors kill more people per year than guns do. But banning guns? I could see that.

      All that being said, I doubt we will ban guns for a good, long time, partially because of the culture of violence in the United States, and partially because it is probably protected by the Constitution.

    14. Re:Some statistics... by loraksus · · Score: 1

      My only concern with a locked and loaded pistol is that it will fire and cycle if there is a house fire. I'll probably not be around, but it could endanger firefighters as well as anyone down range...

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    15. Re:Some statistics... by dummondwhu · · Score: 1

      I don't subscribe to your nanny-state mentality. I can't comment on Canada, but in the US, it seems like every week the federal and state governments are telling us that there's something else that we can't do because we're imcompetent. Your assertion that non-military people are not quailfied to handle assault weapons or semi-automatic weapons is pure and utter b.s. I've been using firearms my entire life and I'm fully capable of making that decision for myself.

    16. Re:Some statistics... by Inthewire · · Score: 0

      Driving on private property is a right, Bob. It's driving on shared property that requires concessions.
      Ever read a story in your local paper about "man forced into car by two assailants, taken to ATM, forced to withdraw cash, murdered, body burned" and realized that you've got a car, ATM card, and body? The robbery in question was strong-arm, by the way, no weapons involved.
      10/10 what, Bob? Blimps? Bowling pins? Nuns? If I'm shooting a pistol at a target 20 M away, I'm stupid or showing off.
      Of course pistols can be easily concealed. In a civilian context, that helps attenuate social friction. Otherwise, wouldn't a submachine gun would make make more sense? Power / Accuracy / Firepower play against each other.

      P.S.

      I think you're a shithead.

      P.P.S

      No, really, I do.

      --


      Writers imply. Readers infer.
    17. Re:Some statistics... by swillden · · Score: 1

      In many home defense scenarios, time is of the utmost importance. While in a non-stressed situation, you or I could think clearly enough to insert the magazines, close the slide, and make the gun ready to fire without any trouble, it's much more difficult in a stressful, dark situation where one might have just been awakened. Keeping things simple is key.

      I understand what you're saying, and the fact that most pistols have safeties which entire block the firing pin and so are completely safe with the safety engaged, but I still don't consider it worth the risk. A key part of gun safety, as I learned it, is that (a) you should always treat a gun like it's loaded and (b) your gun should never be loaded unless you're going to shoot it. The (b) is important for the case where someone who doesn't understand (a) picks up the gun.

      It's a tradeoff of speed/simplicity vs safety. Or you might call it trading off one form of safety against another, I suppose. Personally, I'd rather keep the weapon unloaded and practice loading it in the dark until I can do it quickly and easily even half asleep. But then, I don't keep a firearm for self-defense. All of my guns are stored two floors away from my bedroom. I do have a baseball bat and a hunting bow (with a quiver full of broadheads) under my bed, but more because it's a convenient place to keep them than because I intend them for self-defense.

      Also, note that many homes that have children and guns may very well have children who are properly trained in the safe use of guns, and won't handle them without adult supervision.

      Certainly, and I'd say that describes my kids. Even my five year-old knows how to shoot and knows *how* to handle a gun, though there's no way I'd let him do it without supervision, because his attention span is too short -- he knows the rules, but forgets to pay attention. I don't worry about him getting into the guns, though, because he's very well aware that they're dangerous and could hurt him badly if he doesn't have my help. He's seen what they can do, and not just to paper targets. My older kids (9, 11 and 13) are all very safe with firearms, and my 13-year old even has his own .22 rifle.

      None of that changes in any way the responsibility that I feel to take proper precautions in the storage of my firearms, though. A friend of my children, who doesn't know anything about firearms safety, might come over and find one of the guns, for example. There are too many ways things can go wrong with a loaded weapon for me to be comfortable keeping them loaded except when they're in active use.

      By the way, for anyone who has guns and kids here's a suggestion: Take the kids hunting. Whether for actual game, or just for varmints (jackrabbits are a great choice where I live), nothing drives home the fact that guns are serious, dangerous tools better than seeing their effect on an animal firsthand.* It really gets the kids' attention and gets them to truly listen to what you have to say about the risks of mishandled firearms. It's also a great time to talk about other aspects of life, death, nature and man's place in it, but that's not relevant to the topic at hand.

      [*] BTW, there will undoubtedly be some people who are shocked or offended by the idea of deliberately taking children out to see small furry animals die firsthand, and worry about the negative impact of such a horrific experience on the kids' tender psyches. I have three points to make to such people. First, until very recent years, such experiences were a normal part of all childrens' upbringing, and they dealt with it just fine. Second, and stronger, I think that such experiences serve to drive home the reality of death and the value of life in a way that's a powerful counterbalance to the fictional representations of death that our kids see in movies, TV, video games, etc. I think it has the effect of making kids less prone to violence, because they understand that violence

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    18. Re:Some statistics... by KillerBob · · Score: 1
      Back up a minute. I didn't say you weren't capable of handling an assault rifle, I said you shouldn't be allowed to have one in a non-military context. Two *very* different statements. Point of fact, an M16 is a really easy weapon to use. It's cheap, it's accurate, it's easy to maintain, it's lightweight, and you can carry a lot of ammo because it uses a lightweight 5.56mm (.223) ball. It's a very good weapon, as evidenced by the fact that it's been in service for more than 40 years.

      So no. I didn't say you weren't capable of operating a weapon like that. I said you shouldn't be allowed to own a weapon like that. And for what I would consider to be a very good reason: rate of fire. The C7, which I use, is basically a copy of the M16, with rails and an optical sight instead of iron sights. The other main difference is that the C7 supports fully automatic firing instead of 3 round burst firing. With the selector on fully automatic, the limiting factor to your rate of fire is the muzzle velocity, which is directly impacted by the grain count in the shells you're using. It's capable of shooting 600-900 rounds per minute. I mean... you can empty a 30 round mag in less than 3 seconds. And the armour-piercing 5.56mm FMJ rounds that it uses are going so fast that they usually explode as soon as they hit flesh, and do as much damage as a hollow-point or flechette.

      You do not need that kind of firepower to defend yourself, unless you're going up against a group of 15 thugs. In that case, you're pretty much fucked no matter which way you cut it. More than that... anybody who's ever fired on full automatic can tell you that it's next to impossible to keep the weapon on target past the first couple of rounds. That's actually why the M16 has the 3-round burst instead of full automatic.

      I've been using firearms my entire life and I'm fully capable of making that decision for myself.


      That's nice. No offense meant here, but your word means fuck all to me when my life is on the line. Put up or shut up. Prove to me that you know how to handle the firearms you wish to own, and prove to me that you're taking care of them and operating them safely, and that if you're going to be shooting at teh criminalz, you're actually going to hit them, and I don't have a problem with you owning a rifle or even a pistol. Until you've proven that to me, as I described in the previous post, I will vehemently oppose any "right" you think you have to own one. And you need to prove to me that you're keeping your skills up, because believe it or not, they do fade with disuse. Basic public safety.

      See. The thing is... while you personally may be perfectly capable of owning and operating a machine gun safely, the moment I let you have one, I have to let everybody have the chance at owning one. And that's a risk I'm simply not prepared to take. Weapons without an automatic firing mode? No problem at all. They're a lot safer in general, and it's a lot harder to fuck up and accidentally shoot something you didn't mean to. (Not that that stopped a certain Vice President in recent history....) I don't care that you think you're capable of making that decision for yourself, because the average IQ in the world is fucking retarded. There are certain decisions that should, under no circumstances, be left to the public at large, and that's one of them.
      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    19. Re:Some statistics... by dummondwhu · · Score: 1

      Instead of making assumptions, how about educating yourself on the issue? If you were to read some of the research relating to lawful gun ownership and crime rates, you might learn something. Take Switzerland, for instance. Very high rate of private gun ownership, and very low rate of violent crime. And how about the drop in crime rates experienced in places that adopt concealed-carry laws? And the fact that violent crime rates are highest in the parts of the US where guns laws are most restrictive.

      And by the way, even if you were able to ban 100% of the guns, you'd have criminals smuggling them in and/or milling the parts in metal shops here. Guns are not complicated instruments. A high-school metal shop student could make a working gun in short order. Not that I'd want to fire it, but that's not the point.

      It's ludicrous argue that guns should be banned because they are not a necessary part of modern society. Neither are swimming pools, playgrounds, skateboards, etc., etc., etc. But people don't call for them to be banned because they haven't been brainwashed into thinking that they're inherently dangerous. Even though pools kill far more children each year than accidental shootings do.

      And finally, guns don't provide safety or the illusion of such. They provide a means to defend oneself from an assailant. Just like when I hold a wrench, it doesn't provide me with the illusion that I'm a mechanic, but it lets me do a few simple tasks that I'm qualified to do. I don't think that because I own a gun that I'm qualified to be a soldier or a SWAT team member, but when confronted by an assailant who will ultimately decide to kill me, having a gun will at least give me a chance. Handing over my belongings and cowering like a pussy will end me without a fight.

    20. Re:Some statistics... by KillerBob · · Score: 1
      I think you're a shithead.


      You're allowed to think that. Just as I'm allowed to think you're an idiot. Isn't freedom of speech grand?

      Ever read a story in your local paper about "man forced into car by two assailants, taken to ATM, forced to withdraw cash, murdered, body burned" and realized that you've got a car, ATM card, and body? The robbery in question was strong-arm, by the way, no weapons involved.


      Actually, no. Stories like that don't get reported in the newspapers around here, largely because they don't happen with any sort of regularity. Violence isn't as much a part of our culture as it seems to be in yours. (though interestingly enough, violent crime has been steadily decreasing in the US. Has been since the 1970's.) Actually, there's fewer than 50 murders a year in the city I live in, and at over a million residents, it's not exactly a small city. There have been 13 homicides so far this year in this city... how does that compare to the daily rate in, say... Los Angeles or New York?

      10/10 what, Bob? Blimps? Bowling pins? Nuns? If I'm shooting a pistol at a target 20 M away, I'm stupid or showing off.


      I'll take door number 3. You're neither stupid, nor showboating. You're demonstrating that you can actually hit what you're pointing the weapon at. Funny thing about bullets... they don't care what you want to hit, they're going to damage/hurt whatever target they ultimately reach. If, in ideal circumstances, you can't consistently hit your intended target, what on Earth makes you think you're going to consistently hit it when you're stressed/panicking? Or did you miss the part where I said that I've seen people unload entire mags from 15 feet away (less than 5m) and hit nothing?
      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    21. Re:Some statistics... by dummondwhu · · Score: 1

      Hold on there, Bob. I'm not suggesting people need fully automatic weapons to protect themselves. In fact, I would wager that most of the law-abiding gun owners in the U.S. would agree with that for the simple fact that they recognize that they have family and neighbors to worry about, and spraying 30 rounds at a burglar in 3 seconds isn't a great idea. However, at the same time, I don't see a problem with people being able to own weapons like that for target shooting and the like, or at the very least, semi-auto variants of those weapons.

      The problem I have here in New Jersey is that the state doesn't believe that I have any right to protect myself when I'm outside my home. Carrying a discretely concealed, smaller caliber, semi-automatic pistol is not too much to ask. And I'm not opposed to a requirement for training and licensing for carrying concealed weapons. But at least give me the option. Oh, there's a concealed carry law on the books. But actual permits are nearly mythical.

      Not necessarily related to personal defense as we've been debating it, but the founders of the United States went out of their way to see that the citizenry would always be armed, be it to provide a citizen militia in the event of a foreign invasion, or to react in the event that an oppressive government came to power, similar to the one that they had fought to get out from under. When the government tells me that it's restricting gun ownership more and more and more and more and more, I can't help but think about that. And it's not just guns that are the issue. Personal choice and personal accountability are slowly being taken from us everywhere we turn. There are a lot of people here that are more on the liberal side and oppose both gun ownership and the PATRIOT Act. The PATRIOT Act is precisely why these same people should support private gun ownership. People tend to only support the parts of the Constitution that they deem important. Well they need to think more about the other parts and why they're important too. I understand it sounds like paranoia because the government is very stable (same for Canada). But the Bill of Rights has been slowly eroding over the last 200 years. Some day we'll hit a point where the government has become unacceptable. Our founders saw to it that we'd have the tools for the situation. I hope I never see that day.

    22. Re:Some statistics... by dummondwhu · · Score: 1

      Dupe post alert...I stupidly replied to my own grandparent post instead of the parent, so I'll just throw the reply in here as well so it's in context at least. Anyhoo...

      Hold on there, Bob. I'm not suggesting people need fully automatic weapons to protect themselves. In fact, I would wager that most of the law-abiding gun owners in the U.S. would agree with that for the simple fact that they recognize that they have family and neighbors to worry about, and spraying 30 rounds at a burglar in 3 seconds isn't a great idea. However, at the same time, I don't see a problem with people being able to own weapons like that for target shooting and the like, or at the very least, semi-auto variants of those weapons.

      The problem I have here in New Jersey is that the state doesn't believe that I have any right to protect myself when I'm outside my home. Carrying a discretely concealed, smaller caliber, semi-automatic pistol is not too much to ask. And I'm not opposed to a requirement for training and licensing for carrying concealed weapons. But at least give me the option. Oh, there's a concealed carry law on the books. But actual permits are nearly mythical.

      Not necessarily related to personal defense as we've been debating it, but the founders of the United States went out of their way to see that the citizenry would always be armed, be it to provide a citizen militia in the event of a foreign invasion, or to react in the event that an oppressive government came to power, similar to the one that they had fought to get out from under. When the government tells me that it's restricting gun ownership more and more and more and more and more, I can't help but think about that. And it's not just guns that are the issue. Personal choice and personal accountability are slowly being taken from us everywhere we turn. There are a lot of people here that are more on the liberal side and oppose both gun ownership and the PATRIOT Act. The PATRIOT Act is precisely why these same people should support private gun ownership. People tend to only support the parts of the Constitution that they deem important. Well they need to think more about the other parts and why they're important too. I understand it sounds like paranoia because the government is very stable (same for Canada). But the Bill of Rights has been slowly eroding over the last 200 years. Some day we'll hit a point where the government has become unacceptable. Our founders saw to it that we'd have the tools for the situation. I hope I never see that day.

    23. Re:Some statistics... by dummondwhu · · Score: 1

      Jesus, I'm stupid. I give up.

    24. Re:Some statistics... by bagsc · · Score: 1

      Keeping in mind that most homicides are either based on either romantic relationship or criminal relationships, the best way to reduce gun deaths is to keep people from dating or breaking the law...

      --
      http://www.accountkiller.com/removal-requested
    25. Re:Some statistics... by nanolith · · Score: 1

      A locked and loaded pistol belongs in a quick release gun safe. Most safes use thick gauge steel that the bullets cannot penetrate.

      Second, for self defense you should consider using a frangible round which will not penetrate through walls or through steel. This helps to limit collateral damage. A full metal jacket or a metal jacketed hollow point bullet can go through windows and hit the neighbor's dog. In your scenario, such ammunition would be safe to the firefighters, granted that the gun is stored properly.

    26. Re:Some statistics... by NereusRen · · Score: 1

      Slashdot needs to create a +10 "ridiculously informative" mod just for you. Making a convincing demonstration using your opponent's scare websites as a source should qualify you for some sort of medal.

    27. Re:Some statistics... by KillerBob · · Score: 1
      Hold on there, Bob. I'm not suggesting people need fully automatic weapons to protect themselves. In fact, I would wager that most of the law-abiding gun owners in the U.S. would agree with that for the simple fact that they recognize that they have family and neighbors to worry about, and spraying 30 rounds at a burglar in 3 seconds isn't a great idea. However, at the same time, I don't see a problem with people being able to own weapons like that for target shooting and the like, or at the very least, semi-auto variants of those weapons.


      With the M16, you can. It's made by Colt, and doesn't have the automatic or burst firing modes. You can't get the 5.56x45 ammo for it, but if you walk into your local Wal*Mart, you can probably get .223 calibre rounds, which will fit in the weapon without jamming it. The difference is that .223 isn't armour piercing, and it's got a much lower grain count.

      I'm sure you're right that most law-abiding gun owners would agree that owning a weapon capable of fully automatic is going over the top. Those aren't the ones that I'm afraid of. I'm afraid of the ones who would disagree, and I'm afraid of the criminals who then break into their homes and steal their weapons. Gun control isn't about disarming the populace, it's about limiting the number of guns in circulation. Fewer guns on the street doesn't mean the criminals won't have guns, but it does mean the criminals will have to work harder to get them.

      The problem I have here in New Jersey is that the state doesn't believe that I have any right to protect myself when I'm outside my home. Carrying a discretely concealed, smaller caliber, semi-automatic pistol is not too much to ask. And I'm not opposed to a requirement for training and licensing for carrying concealed weapons. But at least give me the option. Oh, there's a concealed carry law on the books. But actual permits are nearly mythical.


      That's where you an I differ, I suppose. Quite simply, I don't think that there's ever a need to carry a concealed firearm. It isn't that I believe the cops will always be around to protect me, it's that I believe that more harm than good is done by the ability to walk around with a gun in your hand (figuratively speaking). I'm more concerned about cases of road rage, or other arguments that get out of hand than I am about being mugged, because those situations happen a *lot* more frequently.

      Not necessarily related to personal defense as we've been debating it, but the founders of the United States went out of their way to see that the citizenry would always be armed, be it to provide a citizen militia in the event of a foreign invasion, or to react in the event that an oppressive government came to power, similar to the one that they had fought to get out from under. When the government tells me that it's restricting gun ownership more and more and more and more and more, I can't help but think about that. And it's not just guns that are the issue. Personal choice and personal accountability are slowly being taken from us everywhere we turn. There are a lot of people here that are more on the liberal side and oppose both gun ownership and the PATRIOT Act. The PATRIOT Act is precisely why these same people should support private gun ownership. People tend to only support the parts of the Constitution that they deem important. Well they need to think more about the other parts and why they're important too. I understand it sounds like paranoia because the government is very stable (same for Canada). But the Bill of Rights has been slowly eroding over the last 200 years. Some day we'll hit a point where the government has become unacceptable. Our founders saw to it that we'd have the tools for the situation. I hope I never see that day.


      I suppose that's where some other differences arise. Our "bill of rights", the Charter of Rights and Freedoms, was signed into law in 1982. Some of the politicians who wrote it are still in office.
      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    28. Re:Some statistics... by dummondwhu · · Score: 1

      That's where you an I differ, I suppose. Quite simply, I don't think that there's ever a need to carry a concealed firearm. It isn't that I believe the cops will always be around to protect me, it's that I believe that more harm than good is done by the ability to walk around with a gun in your hand (figuratively speaking). I'm more concerned about cases of road rage, or other arguments that get out of hand than I am about being mugged, because those situations happen a *lot* more frequently.

      I highly recommend the book I mentioned in another post called "More Guns, Less Crime" by John Lott. He's an academic researcher that studied crime statistics and information gained from other means like surveys and polls across many years and much of the U.S. to determine whether concealed-carry laws enacted in a place raised or lowered crime. The book is not an opinion piece. It's based on strict statistical analysis and he's very open about his data and his methods. His results clearly show that places that have "shall-issue" concealed carry laws showed a significant drop in all categories of violent crime. Additionally, he shows that there is a definitive net-gain in both lives (due to the reduction in murders), and money. His results clearly showed that increased gun ownership/carrying didn't increase the likelihood of crimes of passion like road rage. Or, at least if they did increase, it was much less than the reduction in predatory crimes, causing a net gain in lives. His projection showed that if the entire U.S. adopted liberal concealed-carry laws, it would amount to around 1,400+ less murders per year.

      The book may not change your mind, but I still recommend checking it out. It's definitely an eye-opener. And in the second edition of the book, he addresses many of the questions and criticisms that came out after the first edition was released. You may find answers to some of your own.

    29. Re:Some statistics... by tylernt · · Score: 1
      I suppose most of those "loaded and unlocked" weapons are intended for home defense, but even for that application there's no reason to keep the weapon actually loaded.
      An unloaded gun is about as useful as a paper weight in a self-defense situation. It requires far too many fine motor movements to load a gun in a high-stress, adrenaline-charged instant. You're far more likely to spill that speedloader on the carpet than actually get it into your gun with your hands shaking.

      It had better be ready to go or all your attacker is going to do is take it away and beat you with it.

      we should fund firearms training courses to teach people how to store and use their guns safely.
      Couldn't agree more. We could start in the first grade. Heck if we're going to teach them about "alternative lifestyles", I see no reason not to teach them about firearm safety.
      --
      DRM 'manages access' in the same way that a prison 'manages freedom'
    30. Re:Some statistics... by swillden · · Score: 1

      An unloaded gun is about as useful as a paper weight in a self-defense situation. It requires far too many fine motor movements to load a gun in a high-stress, adrenaline-charged instant. You're far more likely to spill that speedloader on the carpet than actually get it into your gun with your hands shaking.

      Even if I granted that, I still wouldn't keep a loaded gun in my house. I consider an accidental discharge an order of magnitude more likely than needing a weapon for home defense.

      If I did consider it likely that I'd need to defend myself, I would prefer to spend the necessary hours training my hands to load my gun quickly and in the dark, while focusing my attention on something else. I know from experience that I can load and charge an M-16 in less than two seconds, in complete darkness and when under considerable stress. I'm certain that with practice I could do the same with a semi-automatic pistol, and so could anyone else with normal motor skills.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  65. Come Get Some by ImaNihilist · · Score: 1, Flamebait

    You can have my long-range .50 anti-material sniper rifle when you pry it from my cold, dead hands.

  66. Ah yes, the debate that never gets old by sootman · · Score: 1

    One of my favorite pages on the subject, a mere eleven years old.

    In general, if you're going to question any of the documents our founding fathers put together, get constitutional scholars and historians, not people who don't realize that words change their meanings over the centuries. ("Militia" == "The National Guard" now, so therefore the constitution was talking about the national guard! Er...) And remember: the founders weren't idiots. They had debates over these things for years. They didn't just whip them up in an afternoon.

    A couple things to note:
    1) Washington has some of the strongest gun laws in the country, along with some of the highest rates of violent crime. Hmm, is it possible that strict(er) gun laws aren't the answer? Anytime someone in DC talks says "X" about gun violence, I instantly see merit in "not X." Physician, heal thyself before you throw stones in your glass house, or something.
    2) Criminals are called criminals because they don't follow the law. Let that roll around in your head a little. Will making guns illegal(er) mean that criminals won't get them? People always say "If guns are outlawed, then you can arrest anyone with a gun! w00t!" Yeah... 'cause criminals are too dumb to ever think of HIDING them. Make guns illegal and you'll never see one--until you're woken up one night with one in your face.

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  67. Already Defined by Ironsides · · Score: 2, Informative

    From Cornell

    The US Code:
    TITLE 10 > Subtitle A > PART I > CHAPTER 13 > 311

    311. Militia: composition and classes

    (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.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    1. Re:Already Defined by djh101010 · · Score: 1

      The US Code: TITLE 10 > Subtitle A > PART I > CHAPTER 13 > 311 311. Militia: composition and classes

      Yes, yes, that's all very interesting, but about 150 years newer than the constitution. How about the definition of the militia at the time the word was being used? Someone revising it to mean the National Guard, 150 years later, is hardly a way of defining how it was being used at the time. But by all means, nice try backdooring the constitution there.

    2. Re:Already Defined by Anonymous Coward · · Score: 0

      Read it again, moron, you took the exact opposite meaning from it than what it clearly said. The unorganized militia consists of all able-bodied males 17-45 who are not members of something like the National Guard.

    3. Re:Already Defined by Anonymous Coward · · Score: 0

      You must have broken your glasses with that knee-jerk reaction. After you find your other pair, try reading it again.

    4. Re:Already Defined by djh101010 · · Score: 1

      You must have broken your glasses with that knee-jerk reaction. After you find your other pair, try reading it again.

      No, you and the (other?) AC just don't get the fact that, 150 years later, it doesn't matter what the definition of the word is. What matters is how it was defined as it was used at the time. That's the central point. Don't bother expecting another response if you reply to this as AC, by the way.

    5. Re:Already Defined by Anonymous Coward · · Score: 0

      Nice backpedalling. It is clear from your answer that you completely misunderstood it, and now you want to hand-wave that away.

  68. How's that going in Iraq? by kt0157 · · Score: 1

    Seems to me that people with light arms are holding the US Army to a standstill in Iraq. Don't you want the right to hold your own army at bay if the President refuses to uphold the Constitution? Or do you trust your President completely?

    K.

  69. Then why include "ONLINE"? by Anonymous Coward · · Score: 0

    It's not like Slashdot has a print publication. Everything on Slashdot is online, yet you don't have SCIENCE ONLINE, or LINUX ONLINE. The fact it is part of the name makes it clear they are referring to online rights and not just rights in general.

  70. I Agree by mikeisme77 · · Score: 1

    I've always contended that the purpose of the 2nd amendment wasn't so that every idiot can own a gun, but that it was designed so that people could overthrow the government by force if the government wasn't properly representing them. Think of it as the last resort escape clause. The government isn't doing it's job properly, but democracy isn't working properly either... By using our 2nd amendment rights, we can arm ourselves and overthrow the government. Unfortunately, we can't realistically do this any more because the weapons we would need to do so are all illegal (but perhaps that's unconstitutional... of course... I wouldn't want every crazy organized militia to have ICBMs and all of that... but I suppose I'll choose freedom and liberty over safety and security).

  71. For the Canadians.... by malaxi · · Score: 1
    http://www.fraserinstitute.ca/shared/readmore.asp? sNav=pb&id=604

    Executive Summary: Widely televised firearm murders in many countries during the 20th Century have spurred politicians to introduce restrictive gun laws. The politicians then promise that the new restrictions will reduce criminal violence and "create a safer society." It is time to pause and ask if gun laws actually do reduce criminal violence. ...

    The upshot is that violent crime rates, and homicide rates in particular, have been falling in the United States. The drop in the American crime rate is even more impressive when compared with the rest of the world.
  72. Meanwhile, the REAL injustice remains in DC by Anonymous Coward · · Score: 0

    DC citizens still don't have voting rights equivalent to those of the 50 states. It's time to give DC full representation in Congress.

  73. Retards on the Hill by lifebouy · · Score: 3, Interesting
    Ok, it very clearly reads, "the rights of the people," not, "the rights of the militia."

    But lets pretend, just for a second.

    If what they claim is true, then by definition:
    militia 1. a : a part of the organized armed forces of a country liable to call only in emergency b : a body of citizens organized for military service
    2 : the whole body of able-bodied male citizens declared by law as being subject to call to military service
    See the problem? Every male above the age of 18 is registered with Selective Service and is therefore a member of the militia of the U.S., by whichever definition you wish to use for the word.

    So in effect, even if what they were claiming were true, which it's clearly not, then they are simply arguing that women cannot own guns! That's the only people who their claim would effect.

    Actually, that's not true. If their claim were true, then it would be unconstitutional to prohibit convicts from owning a firearm, because they are still part of the Selective Service regardless of their legal status, and "the right...shall not be infringed." Honestly, that means it's unconstitutional for the courts to restrict their right to bear arms, even with the correct interpretation of the amendment. Strictly reading the letter of the Constitution, you can take away their right to breathe, before you can forbid them from carrying a firearm, even while they are encarcerated. But even bending it a little, as soon as they are released, they, by Constitutional right, should be permitted^H^H^Hhave the unrevokable right to purchase a gun from the closest pawnshop, should they wish. And, in fact, for just that reason, they are able to "restore" their right after any parole time they might still be serving.

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  74. The Tyrants Now by Anonymous Coward · · Score: 0

    Well when the tyrants were the Brits eveyone should be armed... now that the tyrants are the US government, nobody should be armed...

    Of course what give the police/army some Jedi-like mastery over firearms that us commoners can't hope to achieve? They're picked from the general populace of commoners.....

  75. Is the Constitution the New Koran? by Browzer · · Score: 1

    "...If we decide that it's no longer necessary, can we erase any part of the Constitution?..."

  76. Let's have it out by Dunkirk · · Score: 1

    Sorry, I don't trust ANY x-number person court to decide this issue. And, you can bet your sweet bippie that whichever way the SCotUS would rule on this, half the country is going to argue about it anyway, so let's just avoid it and work it out the way our government was supposed to work. I'm tired of this coming up, and everyone backing away from it. Let's just put it to Congress to amend the Constitution, and clarify it. That way, we can get the debate going WHERE IT OUGHT TO BE, get PEOPLE TO TALK TO THEIR REPRESENTATIVES, clarify what it OUGHT TO MEAN IN THE 21st CENTURY, and settle it for another couple hundred years. I'm a HUGE proponent of an individual's right to keep and bear whatever weapons he can afford, but our government is a democratic republic, if the majority of the people (and the companies that represent them -- don't get me started) can sway Congress to kill this right, then so be it. THAT'S HOW IT'S SUPPOSED TO WORK. I can't stand the fact that our Congress won't touch it because it's such a "hot" issue. It's their stupid jobs! When there's this much confusion about law, the law needs to be re-worked. It's that simple. (There are case studies out there from other countries that have effectively killed the right of personal defense, and we can study these efforts, which would -- or maybe rather *should* -- be outside the scope of our Supreme Court. Again, don't get me started.)

    --
    Acts 17:28, "For in Him we live, and move, and have our being."
  77. Self Defense is a Human Right by Jon+Howard · · Score: 2, Insightful

    Police don't exist to keep you from harm, individually. If some guy is breaking into your house, intent on murdering you and raping your wife, you don't get to say "Hold on, chap, the police will be here in just a moment, and as they are here to serve and protect me, you must murder and rape them in my family's stead". They exist to enforce laws against those who are breaking them, and in the example - those who have broken them, after the fact. They will get you justice, sure, but not until after a crime has been committed.

    I'd trust my gun over a 5 minute police response time. Do you have more faith in the strength of your ground-level windows, and your plywood door than that?

  78. You're right... by raehl · · Score: 3, Insightful

    It says something of the grandparent's personal character that when he sees a gun he thinks, "that's for killing" as opposed to "that's for safeguarding."

    You're right, it shows he's smarter than the average person, because he's able to understand that an object can have more than one function.

    By definition, if you have two guys with guns, and one is defending himself, the other one is trying to kill him.

    If everyone was running around only using guns to defend themselves, we wouldn't need guns to defend ourselves now, would we?

    1. Re:You're right... by xstonedogx · · Score: 1
      You're right, it shows he's smarter than the average person, because he's able to understand that an object can have more than one function.


      Smarter? He concludes that our society wants to keep guns around for the purpose of killing people rather than the personal defense, despite overwhelming evidence the opposite is true.

      By definition, if you have two guys with guns, and one is defending himself, the other one is trying to kill him.


      Or rob or enslave him. All quite possible without a gun, by the way.

      Unless you can guarantee that the "bad guy" can't get a gun (you can't) and that the government will never use it's monopoly on guns against the populace (impossible), then your argument really comes down to wanting to take away the right to defend ourselves with guns.

      If everyone was running around only using guns to defend themselves, we wouldn't need guns to defend ourselves now, would we?


      No, not if we're packed with muscles, impervious to knives and other weapons, and are never outnumbered by our attackers.

    2. Re:You're right... by Wes+Janson · · Score: 1

      The fallacy of your argument is the assumption that anyone can possibly remove guns from the hands of criminals. Sure, if you're willing to impose the mandatory and summary death sentence for possession of any firearm, you might be able to remove 70 to 80% of firearms in this country, but it would be at the cost of one of the greatest genocides in the last century. Guns aren't going to go away. The only choice society and government has is whether or not law-abiding citizens will be allowed weapons. Gun control groups may try to couch it in different terms, but that's ultimately what it comes down to: whether both you and the criminal are armed, or only the criminal?

      Read through http://www.freerepublic.com/focus/f-news/584202/po sts

    3. Re:You're right... by feed_me_cereal · · Score: 1

      No, he's saying that criminals don't use guns to protect themselves. They use them to threaten or kill people. He's not arguing whether it's possible or even virtuous to take the guns away from them. He's just stating what they're used for. ...and he's right.

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    4. Re:You're right... by feed_me_cereal · · Score: 1

      Guns are both for killing and defending. They're not *only* for defending. That's all the parent is getting at.

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    5. Re:You're right... by gordyf · · Score: 1

      Guns are both for killing and defending.
      (from GP)By definition, if you have two guys with guns, and one is defending himself, the other one is trying to kill him.

      I'm not sure this is accurate. Guns are for wounding or killing people, both of which can be done in either an offensive or defensive context. By drawing a distinction between defending and killing, these statements imply that killing someone in defense with a gun is different than killing, which I do not think is the case.

    6. Re:You're right... by xstonedogx · · Score: 1
      Quoth the original post:

      It's a sign of how backwards we are in non-technological matters that our society considers it right and proper for everyone to be able to carry a device designed to kill other people.


      In this context it is clear we are talking about the intended use of guns implicit in our decision to manufacture and allow people to carry guns. By differentiating between "killing" and "defending" the parent (to my previous post) is clearly talking about offensive and defensive uses of guns (as the sibling to this post correctly points out). We clearly and obviously do not allow "the people" to carry guns for their offensive uses (e.g. car-jacking), yet the parent (to my previous post) is claiming the parent to his post is "smarter" for implying the same.
    7. Re:You're right... by poity · · Score: 1

      He's right, only because it's a platitude.

      --
      your thin skin doesn't make me a troll
    8. Re:You're right... by Just+Some+Guy · · Score: 1
      If everyone was running around only using guns to defend themselves, we wouldn't need guns to defend ourselves now, would we?

      A meth addict with a knife would easily kill me if all I had was a knife. Sure, I might get in a few wounds - some consolation to my widow, huh? There are other things I want to defend myself from than people armed with guns.

      --
      Dewey, what part of this looks like authorities should be involved?
    9. Re:You're right... by DamnStupidElf · · Score: 1

      You're right, it shows he's smarter than the average person, because he's able to understand that an object can have more than one function.

      Usually, the socially acceptable or most used function is the preferable use. We don't talk about cars being running-over machines or passenger-crushing devices. Guns are used more for self defense than they are for outright murder or killing, and far more often for target shooting or hunting. That's why they're called firearms, and not killing-machines.

      If everyone was running around only using guns to defend themselves, we wouldn't need guns to defend ourselves now, would we?

      I would still prefer a gun to any other weapon for defending myself simply because ranged weapons trump melee weapons in most situations, and guns don't incur a penalty for close range combat. They're the best choice for general self defense, but it doesn't mean I won't encounter some stupid crook with a knife or baseball bat. Also, for home defense I have the advantage of familiarity with my surroundings and concealment. I wouldn't dare challenge a burglar if I had a sword or a bat unless I was sure they didn't have a gun. Thanks to Alaska's gun laws, I can shoot first and check the body for a gun later.

  79. Declaration of Independence by Anonymous Coward · · Score: 0

    The Declaration of Independence states:

    "... whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new Government ..."

    The colonies didn't get their independence by sending a fruit basket...

  80. "I AM IN A MILITIA" by anti-human+1 · · Score: 0

    >:0

    Wiki? Sure, why not?

    Too obscure? I have both their original shirts (T and hoodie). ...If only I kept up my domain...

  81. If they disallow gun ownership I'll move to the co by melted · · Score: 3, Insightful

    If they disallow gun ownership I'll move to the country where it's allowed. You see, lack of gun ownership is very convenient if you want to build a police state. You can ram through unruly crowds on a tank, completely invincible. If, on the other hand, people have guns - persons of power will feel a lot less comfortable after committing large scale atrocities against their own people. This applies both locally and on a federal level. Just because there can be a dude with a sniper rifle sitting on the roof.

    As far as I'm concerned, guns are the only remaining guarantee of democratic rights that citizens of this country still have. Guns are a great equalizer of power between those in power and those without.

  82. Constitutional rghts are not granted absolutely by hey! · · Score: 1

    At least if we go by what SCOTUS has done in the base with the first amendment right of free speech.

    The right of free expression has been held not trump the power Congress has to establish copyrights, for example.

    In a number of cases, the right of free speech has not been held to immunize news gathering organizations against responsibilty for private damages or wrongs (torts).

    The government can regulate the manner of speech if (a) the regulation is content neutral, (b) there is a important public interest (such as protecting people from annoying intrusions like telemarketing calls) and (c) the means chosen are reasonable.

    The government can even regulate the content of speech (obsencity, divulging military secrets) if (a) there is a compelling public interest at stake and (b) the regulations are narrowly tailored -- they restrict no more than is absolutely necessary. The recent slashdot article on the court overturning a law which was supposed to regulate obscene video games is an example of the latter: the law restricted games that were neither obscene nor indecent.

    So -- interpreting the Second Amendment as a right to private firearm ownership does not preclude all government restriction of firearm use or posession. SCOTUS could choose to allow narrowly tailored restrictions in some situations. For example, if you set up an outdoor shooting range on your property, localities could restrict you from using it in the early mornign hours because of the public nuisance the noise creates. In fact, the nuisance impinges on a different constitutional right: that of privacy.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Constitutional rghts are not granted absolutely by ScrewMaster · · Score: 1

      Very true ... but imposing a reasonable restriction on the use of a firearm is a far cry from criminalizing ownership of it.

      --
      The higher the technology, the sharper that two-edged sword.
  83. Liberals won the election by nurb432 · · Score: 0, Flamebait

    This is just the start of the attack on our rights of all kinds.

    The 2nd amendment has been a thorn in their sides for generations, and now they are basically in power.

    --
    ---- Booth was a patriot ----
    1. Re:Liberals won the election by Anonymous Coward · · Score: 0

      No, leftists won the election, real liberals don't believe in gun control. Get it right!

    2. Re:Liberals won the election by nurb432 · · Score: 1

      No, actually i didnt lose, or win.

      You need to get your facts straight before you make assumptions.

      Oh, but wait, with your language, i doubt you could undertand it anyway.

      --
      ---- Booth was a patriot ----
  84. google it my friend by missing000 · · Score: 2, Informative
    1. Re:google it my friend by Dun+Malg · · Score: 0

      So, a memo by the AJ explaining why they don't consider certain interrogation methods to be torture is proof that they engage in torture? I think you don't understand how this works. See, in a debate you need to show support for your assertion, not provide links to documents supporting your opponent's assertion.

      --
      If a job's not worth doing, it's not worth doing right.
    2. Re:google it my friend by Talchas · · Score: 0, Redundant

      If those methods are generally considered to be torture, than yes that is condoning torture, even if they themselves don't engage in it.

      --
      As the Americans learned so painfully in Earth's final century,free flow of information is the only safeguard against...
    3. Re:google it my friend by Anonymous Coward · · Score: 1, Insightful

      I've got an idea, if those 'methods' aren't torture, go to that internet thingie, find yourself an S&M club, walk in there, sign your wavier and say that you only want done to you what the Justice Dept believes 'isn't torture'. If by the end of the day, you don't see those activities as actual torture, you should be there every weekend.

    4. Re:google it my friend by LurkerXXX · · Score: 1

      The AJ saying things like waterbording aren't torture is kinda like saying 'these are not the droids you are looking for'. Umm, yeah, they are.

    5. Re:google it my friend by cprael · · Score: 1

      The Gonzales memo you've linked lays out the legal basis for what is, and isn't torture, and what is, and isn't permissable conduct.

      It doesn't "condone" torture, and it certainly doesn't condone "crimes against humanity".

      Would you like to try again, with something that actually demonstrates what you're trying to prove, or are you going to pony up another non-sequitor like this one?

  85. Should we be kicking and screaming? by nurb432 · · Score: 1

    Damned right we should be.

    --
    ---- Booth was a patriot ----
  86. militia's made up of individuals by Anonymous Coward · · Score: 0

    it's a poor arguement. militia's were once farm hands, straglers, anyone who they could get together to protect us from those who taxed us, ie.. great britian. the war of 1812, when G.B. burned down the whitehouse changed everything, ie.. the influence and policies in foreign countries is under the guise of the u.s.a, but after the war of 1812, it's all about great britian and the queen of england rule.

  87. As usual, the summary is wrong by DragonWriter · · Score: 1
    This is not the first case concerning the scope of the Second Amendment in 70 years; such cases are rather frequent. As TFA notes if the case were somehow to reach the Supreme Court, it would be the first case on that question to reach the Supreme Court in 70 years, but the reason such cases haven't reached the Supreme Court isn't that there haven't been plenty of cases in the federal courts, but rather that (despite a split of authorities between the federal circuit courts) the Supreme Court has consistently declined to hear appeals of such cases. As is noted further in TFA, the Supreme Court has refused to take prominent challenges on the question as recently as 2003, considerably less than 70 years ago.

    The summary(and to a lesser extent TFA) also gives the misleading impression that the individual rights approach is the settled interpretation and that the District of Columbia is challenging that by asserting it as a state right; that is inaccurate. The Supreme Court precedent is not very clear*, and the federal circuit courts are split with more following the state right approach rather than the individual right approach.

    *Though it arguably leans toward either a state-right approach or a fairly narrowly-purposed individual-right approach, consider US v. Miller, 307 U.S. 174 (1939):

    The Constitution as originally adopted granted to the Congress power- 'To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.' U.S.C.A.Const. art. 1, 8. With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.

    1. Re:As usual, the summary is wrong by MjrTom · · Score: 1

      Correct there man.

      First off, let's define militia, and we'll use current US law regarding the militia - TITLE 10 - Subtitle A - PART I - CHAPTER 13 - 311 states that there are two classes of the Militia, the organized militia (National Guard), and the unorganized militia (all men between 17 and 45, and the women in the National Guard - current Supreme Court binding precedent would also include all women between 17 and 45 - equality of the sexes). Most Slashdot readers are probably legally part of the militia whether they knew it or not.

      Right now the courts are split far and wide. The Miller decision was ambiguous at best (full text of decision), there has been a lot of wrangling about what they meant, with most coming out on the "no personal right to bear arms" side of the argument. The decision was centered around whether or not a a sawed off shotgun was a legitimate militia style weapon. The court decided that sawed off shotguns had no legitimate use in a militia - they did not know that sawed-off shotguns had a history of being used in the trench warfare of World War One. This is important because if you read the decision, basically what is said is that people have an individual right to bear arms, but only those arms which have a legitimate military purpose. Some on the "personal right to bear arms" side interpret this as meaning that you have no right to own that hunting rifle that grandpop left you in his will, but you do have the right to, say a fully automatic M4 with grenade launcher attachment. HOWEVER, since the law that it was dealing with, which it didn't strike down - NFA1934 - essentially bans all weapons used in the modern military (Automatic weapons, Destructive Devices {weapons larger than 50 caliber}, and short barreled shotguns and rifles) we were left with the idea that most people who are part of the militia have no right to personally own military weapons.

      The circuit courts have split this down further - The Ninth and Tenth have both found that the Second Amendment does not protect an individuals right to bear arms - the Fifth has found that there is a right to bear arms (see this Wiki article for more).

      Where does this leave us? Well, the District of Columbia Circuit will now be deciding its stance on whether the Second applies to individuals or the collective. Eventually, the SCOTUS will have to make a decision, because there will be so many different circuits with differing opinions on the matter. I'm frankly surprised that they haven't taken it up already, since they already have the conflict between the different circuits, but so it goes.

  88. shall not be infringed by nurb432 · · Score: 1

    That part is forgotten ( and violated ) by most every governmental offical out there. And has been since almost day one.

    its sad, wrong, offensive, and any official that doesn't abide by it should be removed from office immediately.

    The 2nd revolution is coming.. its time to choose sides and get ready.

    --
    ---- Booth was a patriot ----
  89. NAACP and guns by missing000 · · Score: 1

    People with guns kill people. Black people with guns kill people. Black leaders want to protect blacks from gun violence. Black leaders support bans on guns.

    What doesn't make sense here?

    1. Re:NAACP and guns by Spetiam · · Score: 2, Insightful

      Because (1) gun bans violate essential liberties and (2) gun bans don't work. They don't. Get over it. Guns bans have never been shown to be causally linked to a decrease in murder or violence. If you have some formal evidence to the contrary, I'd be happy see it.

    2. Re:NAACP and guns by pascalpp · · Score: 2, Insightful

      Guns bans have never been shown to be causally linked to a decrease in murder or violence. If you have some formal evidence to the contrary, I'd be happy see it. Um, maybe you should check out the WHOLE REST OF THE WORLD.
    3. Re:NAACP and guns by Spetiam · · Score: 2, Informative
      Um, maybe you should check out the WHOLE REST OF THE WORLD.
      I have. At least where reliable data is available and reasonably accessible. You, clearly, have not.
    4. Re:NAACP and guns by Harmonious+Botch · · Score: 1

      People with guns kill people. Black people with guns kill people. Black leaders want to protect blacks from gun violence. Black leaders support bans on guns.

      What doesn't make sense here?

      If all black people ( and their white neighbors ) obey the laws, it makes perfect sense. Unfortunately there is a small criminal minority who will retain their guns for the purpose of using them to commit crimes. And their law-abiding victims will be defenseless, unless they happen to be lucky enough to have a cop nearby at just the right moment.

      The black leaders are often wealthier and live in better neighbrhoods than their constituents. They don't have to worry about being the victims of random street crime. So it makes sense for them to support bans. They get the best of both worlds: they are still safe, and they get votes for being vigorously opposed to crime.

    5. Re:NAACP and guns by duguk · · Score: 1

      1. No they don't violate any liberties. Seriously, what do you need a gun for?

      2. I agree with pascalpp above, it works fairly well in the UK. But thats if you can put up with being on camera all day ;)

      Monkeyboi

    6. Re:NAACP and guns by MoneyT · · Score: 2, Insightful

      What do you need most modern technology for? A car? A microwave? A swimming pool? A golf club? A compound bow? A knife? A chain saw? You don't NEED any of these things. You want them because they make a certain task easier and more convenient, but then, so does a gun. Just because a few people don't know how to obey the law is no reason to make my life more difficult.

      --
      T Money
      World Domination with a plastic spoon since 1984
    7. Re:NAACP and guns by soft_guy · · Score: 4, Insightful

      Um, maybe you should check out the WHOLE REST OF THE WORLD.
      I have. At least where reliable data is available and reasonably accessible. You, clearly, have not. Even if gun bans worked (which they don't), I would not support them.

      Just like, if torture worked (which it doesn't), I would not support torture.

      Some folks think safety is more important than liberty. I disagree with them. I think that liberty is more important than safety, although I don't even agree that it has to be one or the other.
      --
      Avoid Missing Ball for High Score
    8. Re:NAACP and guns by AJWM · · Score: 2, Insightful

      What doesn't make sense here?

      Your first sentence. I know lots of people with guns who don't kill people. I know of people without guns who do kill people.

      Also your last sentence. Expecting that banning guns will protect people from gun violence is like expecting that declaring your city a "nuclear free zone" (and I've seen the signs at some cities' limits) will protect it in case of nuclear attack.

      The only reason that banning guns could possibly make a difference in protecting people (as you put it, "Black leaders want to protect blacks from gun violence") is if they're a naturally violent society to start with. They may still get into fights but with only less-lethal weapons at hand, they don't kill each other as much. A non-violent society should have no problem with people carrying whatever weapons they want, because they'll only be used in defense against the rare individual who exhibits aberrant violent behaviour.

      --
      -- Alastair
    9. Re:NAACP and guns by callmetheraven · · Score: 2, Interesting
      It's already illegal to murder someone, yet it still happens. So you think that making handguns illegal will make all the criminals suddenly follow the rules and turn in their handguns??

      (stupid criminal: "Dang, I was gonna go kill a couple people today, but now my Glock-17 is illegal. I better go hand it in to the proper authorities.")

      The only people who would turn in their guns are the law-abiding citizens, who then become perfect (read: "unarmed") targets for criminals.

      And all the murder-rate talk is a smokescreen anyways. The second amendment is in place to protect CITIZENS from a tyrannical GOVERNMENT. It's no coincidence that as the US Government becomes incrementally more tyrannical more efforts are being made by it to disarm its citizens.

      And today, finally, I think someone is going to understand my sig (below).

      --
      You can have my SIG when you pry it from my cold, dead hands.
    10. Re:NAACP and guns by Spetiam · · Score: 4, Insightful

      Thank you for making this point.

      We could all roll around in bubbles with cameras recording our every move, and I'm sure that would make this a safer society, but that would be...horrible.

    11. Re:NAACP and guns by duguk · · Score: 1

      Thats a bit of a weird response.

      A car, yeah makes life easier getting around, microwave for making dinner, golf club for fun. All sounds fair. A knife, up to a sensible size has a point as well.

      Yeah, a knife, a compound bow, and a chain saw can all be used as a weapon, but it also has a convenient use too.

      But tell me, what convenient use does a gun have? Apart from as a weapon?

      Do you have a problem with having to get a license for it?

      Monkeyboi

    12. Re:NAACP and guns by duguk · · Score: 1
      Um, maybe you should check out the WHOLE REST OF THE WORLD.


      I have. At least where reliable data is available and reasonably accessible. You, clearly, have not.


      No, you clearly have not read much up on this.

      Clicky here - Gun Crime - READ and LEARN

      Murders with firearms (per capita) by country

      Gun-licensed countries -- practically those with bans have far far lower crime. <SHOCK!>

      Monkeyboi
    13. Re:NAACP and guns by Mr.+Slippery · · Score: 4, Informative
      Um, maybe you should check out the WHOLE REST OF THE WORLD.

      Yes, one should. One would see countries like Switzerland and Israel where people have easy access to guns, and a murder rate much lower than in the U.S.

      We Americans stab and bludgeon each other to death more than most other nations commit total muders.

      In the U.S. firearms are used in only 71% of murders. With a base homicide of 5.6 per 100,000 people, that give 1.6 non-gun murders per 100,000.

      According to stats here (a bit old, admittedly), that's more than the total muder rate in Denmakr, Austria, Switerland, France, England, Belgium, Japan, Sweden, Germany, Norway, New Zeland, Ierland, the Netherland, Spain, Greece, or Kuwait.

      If all guns disappeared from the U.S. tomorrow, and we pretended that guns were never used defensively and that people wouldn't turn to other methods of killing each other, the U.S. would still have about two and half times the murder rate of Japan (0.62/100,000).

      Our problem with violence does not rest in our guns.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    14. Re:NAACP and guns by Anonymous Coward · · Score: 0

      It's already illegal to murder someone, yet it still happens. So you think that making handguns illegal will make all the criminals suddenly follow the rules and turn in their handguns?? The only people who would turn in their guns are the law-abiding citizens, who then become perfect (read: "unarmed") targets for criminals. No, a determined criminal isn't going to turn in his guns. But Joe Burglar won't be able to go grab one from the convenience store and go rob a gas station.

      The second amendment is in place to protect CITIZENS from a tyrannical GOVERNMENT. In that case, it is hopelessly outdated. Unless, of course, you want to be the one standing up to tanks with a pistol.

    15. Re:NAACP and guns by drsquare · · Score: 1

      Yeah in Britan we banned guns and... oh wait never mind. Well in Canada they have loads of guns and so..wait never mind that one as well.

    16. Re:NAACP and guns by JabberWokky · · Score: 1
      I believe you misunderstand the meaning of liberty if you think society should demand a reason before allowing an individual to possess or use something. What do you need speech for? I mean, really... who wants to listen to you? There's no real reason to allow it.

      --
      Evan "Soap, Ballot, Jury, Ammo... use those four boxes to defend liberty in that order"

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    17. Re:NAACP and guns by Lordrashmi · · Score: 1

      1. Hunting.

      2. Self Defense

    18. Re:NAACP and guns by OrangeTide · · Score: 1

      what use does an Xbox have other than to waste time? You don't need an Xbox to survive. And people have gotten murdered over Xbox.

      here are some uses for guns:
      1. peaceful recreation (target practice)
      2. reduction of deer populations to keep TB in check.

      (to end debates on #2) charging citizens to kill off deer two weeks out of the year seems like a better deal than spending millions having government grunts perform a cull. you can argue all you want about how people shouldn't shoot deer, but the fact remains the population is out of control. mostly due to humans changing the environment the deer live in. excess food from farms, no wolves to take out the sick and weak. many roads that can result in fatal accidents with deer.

      --
      “Common sense is not so common.” — Voltaire
    19. Re:NAACP and guns by Bastard+User+From+He · · Score: 2, Insightful

      http://www.neahin.org/programs/schoolsafety/gunsaf ety/statistics.htm
      "* American kids are 16 times more likely to be murdered with a gun, 11 times more likely to commit suicide with a gun, and nine times more likely to die from a firearm accident than children in 25 other industrialized countries combined. (Centers for Disease Control)"

      Go ahead, and kill your selfs with your stupid guns, so that so-calles "terrorists" don't have to bother.

    20. Re:NAACP and guns by 7Prime · · Score: 1

      I'll bite.

      1. That arguement is fairly irrelivant. Culture dictates which liberties should be protected, and which liberties shouldn't. There are many fundimental liberties that most of us would agree, are bad to unleash on the population: the right to bear nuclear arms, being one of the extremes.

      2. Not neccessarilly. Show me some real data, not compiled by wingnuts that proves this on a universal scale, I've been shown many smaller-scale arguements from both sides, none of which convince me either way.

      I am not a strong supporter of "Self Deffense", because most of the time, it's scewed. If someone is obviously coming to kill you or anyone else in your vicinity, you should have the right to stop that any way you can... however, mortal harm is a last resort, and usually unneccessary. I do not, support, however, the right to "deffend" ones self, mortally, against simple intruders, tresspassers, or threat to personal property. Those things that are irrelivant to our physical well-being have no place to be met with the prospect or threat of physical violence.

      I live in Fairbanks, Alaska, possibly the gun capital of the world. Everyone's got a "No Tresspassing" or "Will Shoot on Sight" sign, and it discusts me. For one thing, it's not so much a threat as a statement of one's aggression. My belief is that aggression is the largest contributer of crime in this country: all domestic violence (which account for a huge percentage of violent crimes), hate crimes, most gang warfare, etc. are crimes of aggression and statements of power. Gun control or not, I don't really care, all I really care about is curbing the rising atmosphere of aggression in this country. Canada has very lax gun control laws, and they are a fairly passive culture and have extremely low crime rates... so obviously it is possibly to have a gun weilding society without aggression and violence. I'm just not sure that americans, as a people, are responsible enough to own guns.

      We have become the meatheads of the world, and all I care about is putting a stop to that... WHATEVER WAY WE CAN.

      My opinion. I don't believe in an all out ban on guns, because I don't believe it accomplishes anything, but little things that force people to think about their responsibility, can be very effective. I'd like to see a required yearly test for people owning guns, at about the level of a foreign auto license, something that they have to study and work on, to make them appreciate the complexities of owning a firearm (people are much less likely to abuse something if they have to earn it). Waiting periods curb domestic violence disputes in which a party becomes angry and purchases a firearm with the intent of killing the other party on the spot... a "cool off" period is always good and has little impact on the responsible gun-owning population. Obviously there is a rare case, now and then, here and there, where someone has to buy a gun for self defense, fast... but in almost all cases they'd be better off contacting the authorities, who are better trained for this sort of thing anyway, or devising another strategy. These cases are few and far between, and greatly shaddowed by crimes of passion in which a "cool off" waiting period would deter. Oh, and I'm against excessiveness, although not quite so adament about it as most. A pistol and owning a Koleshnikov have very different purposes. An AK-47 is a bad choice for defending yourself in a civil situation... it is a very offensive weapon designed for mass warfare. There is no rhyme or reason for owning one other than looking tough, which, as I've stated before, is NOT a good reason.

      Lastly, and probably most importantly, I'd like to see a concieled weapon law, but in reverse: you MUST conceal your weapons in public. Many people wear guns simply as a statement of their opinions and defining their aggression. This causes panic and fear in everyone. People are less likely to think about it, if a few people, here and there, have weapons hidden in their clothing, it may be an i

      --
      Multiplayer Gaming (defined): Sitting around, discussing single-player games with my friends, at the bar.
    21. Re:NAACP and guns by Almost-Retired · · Score: 1

      Do you have a problem with having to get a license for it?

      Yes I do. Why? Because so many places that do allow for that, have such a myoptic approach as to who can and who can't, have a permit. It got so onerous in a couple of counties here in WV in the past that the legislature passed a law many years ago that basicly states that if the applicant is not a known felon, then the permit to carry MUST be issued. This is regardless of the other rights given the county sheriff that make him the supreme law of the county he was elected to serve, for a maximum of 2, 4 year terms. That also serves to help prevent the sheriff from setting up his own self-perpetuating kingdom.

      They ran the every 5 year renewal fee up a bit, maybe to discourage those that don't have a 100 dollar bill & change just laying around, but thats it. I don't know if the program is self-supporting, probably not.

      Just such an attitude vis-a-vis the Bill of Rights is one of the more important reasons I settled in WV 20 some years ago with full intentions of being buried here when my time is up.

      BTW, you'll find my permit in my billfold IF you can get past Betsy to access it, or you are an on-duty, in uniform law officer. I'll let you fill in the blanks as to what Betsy is.

      --
      Cheers, Gene

    22. Re:NAACP and guns by Mr.+Slippery · · Score: 2, Insightful
      No they don't violate any liberties. Seriously, what do you need a gun for?

      What do you need a book for?

      I don't have to justify my rights to you, that's the nature of rights.

      However, to assist your understanding: Human beings have a need to defend themselves against the small percentage of them who commit violent acts. Using a firearm is an effective way to effect such a defense.

      Of late it's become fashionable in some circles to argue that this defense should be solely collective, that an individual right to self-defense is very limited; that if you are threatened, you only have the right to call a government employee to come help you. (And if that employee arives too late to help - as they usually will if you're being immediately threatened? Well, then that's just too bad.)

      Arugments that the right of self-defense is less individual than the right of free speech are nonsensical. I stand firmly in favor of each person's right to defend themselves, and that has to include access to tools for effective self-defense - for the right to keep and bear arms.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    23. Re:NAACP and guns by paanta · · Score: 1

      Word. It's a _lot_ harder to kill someone without a handgun.

    24. Re:NAACP and guns by Korin43 · · Score: 1

      How about to protect yourself? Or are you one of those people who thinks shooting someone who breaks into my house should get me locked in jail?

    25. Re:NAACP and guns by jinxidoru · · Score: 1

      So the question becomes where the line of self-defense is drawn. I think we can both agree that the average citizen shouldn't have the right to own a bazooka or a nuclear warhead for example. Those implements could be used for self-defense, but it's just going too far. Therefore, we can both agree that there is a limit to the types of arms we can bear. The issue then becomes a question of what is permissible. There are many people, myself included, that claim that we should not have handguns for the same reason we should not be allowed to have bazookas.

    26. Re:NAACP and guns by tdelaney · · Score: 1

      Guns are used in 71% of murders in the US? And you see that as "only 71%".

      I see it as "the vast majority of murders in the US are committed with guns."

      Which suggests to me that guns are probably the easiest way to kill someone.

      Which further suggests that if there were fewer guns, people would have to try harder to kill other people.

      Which suggests that there would be fewer people killed.

      Now, I'm not sure if the stats for "numbers of homicides" means individual deaths, or "incidents" (which may involve multiple deaths). An interesting way to break down the stats would be to look at the number of deaths per "incident" for each type of weapon (or non-weapon). I think you'll find that statistically there are a *lot* more deaths per "incident" when guns are involved.

    27. Re:NAACP and guns by ScentCone · · Score: 3, Informative

      Now, I'm not sure if the stats for "numbers of homicides" means individual deaths, or "incidents" (which may involve multiple deaths). An interesting way to break down the stats would be to look at the number of deaths per "incident" for each type of weapon (or non-weapon). I think you'll find that statistically there are a *lot* more deaths per "incident" when guns are involved.

      If you're going down that road, you'd better also look at the number of "incidents" in which the use (typically, brandishing) of a firearm prevented someone from getting harmed. Speaking as someone for whom that has been personally helpful, I can tell you it's a very meaningful aspect of the issue. You would also want to take into account places like Australia, which have seen a jump in good old fashioned beatings and knifings since the confiscatory gun ban there took place some years back.

      But I don't give a rat's ass about the overall stats. I've used my gun, without killing anyone, to protect my family from a violent person. I won't bother with the details here unless it's worth getting into - but you can google for some stats on self defense, deterrence, and related issues. It's much more significant than your comment would imply that you know.

      --
      Don't disappoint your bird dog. Go to the range.
    28. Re:NAACP and guns by Anonymous Coward · · Score: 0

      sounds like you've got a problem with the licensing system rather than just having a license.

      we've already had the long arguement that having licensing/a ban in place will lower crime rates of weapons, theres no arguement there.

      i think its insane just to let anyone who can afford a gun to have one, it just makes crime far too easy.

      this is really getting into a pathetic arguement, which is easily proven through statistics. the UK doesnt have anything like the problem that the US does.

    29. Re:NAACP and guns by jamstar7 · · Score: 1
      If all black people ( and their white neighbors ) obey the laws, it makes perfect sense. Unfortunately there is a small criminal minority who will retain their guns for the purpose of using them to commit crimes. And their law-abiding victims will be defenseless, unless they happen to be lucky enough to have a cop nearby at just the right moment.

      The problem is, in banning all guns, you instantly turn people who hang onto their guns into criminals. Just what we need, more criminals. As if our prisons here in the US aren't crowded enough, let's throw MORE people in them. It's a good source of dirt-cheap labor for corporations who run factories inside the prisons...

      And does the old phrase 'when they pry my cold dead fingers from it' ring a bell?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    30. Re:NAACP and guns by ravenshrike · · Score: 1

      Nope, sorry, two countries with some of the lowest violence rates in the world, Switzerland and israel(assuming you ignore suicide bombing) both allow extensive gun ownership and carry in their country.

    31. Re:NAACP and guns by Fulcrum+of+Evil · · Score: 1

      The point here is that you don't have to justify owning a gun, the government has to justify banning ownership. I don't need a car, but I have a right to own one. I don't need a golf club, but I have a right to own one. I don't need a gun in day to day life, but I can buy one if I want without a license or registration.

      Do you have a problem with having to get a license for it?

      Yes. There's no shared resource at play, as is the case with cars, and it allows the government to keep tabs on who's got a gun, which is none of their business. I have no problem with hunting licenses, however, as there are only so many deer and other beasties in the woods (unless you're in PA).

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    32. Re:NAACP and guns by Anarke_Incarnate · · Score: 1

      How about your lack of logic and actual thought. I have guns. Many friends have guns and between all of us, we have killed exactly 0 people. People with guns don't kill people. People kill people for various reasons. Self defense, while traumatic, a justifiable reason to kill. It doesn't make it "right" because doing so will probably never make someone feel right again. It is right because the person who was killed in self defense, or even defense of a loved one put themselves into that situation. They chose to act in a way that made them the predator. The prey just happened to have a way to fight back. Humans have no tough hides, claws or shells. We are relatively weak on our own. Guns equalize the playing field.
      If guns cause crimes or murder, then mine are defective

    33. Re:NAACP and guns by Fulcrum+of+Evil · · Score: 1

      The main reason for owning guns is to keep the government in line. By that reasoning, hand guns are just fine, and it wouldn't hurt to know how to use a rifle, too. I'm ok with drawing the line at automatic rifles, although semi-auto works fine for me; an aimed shot every 2 seconds at 500 yards does wonders.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    34. Re:NAACP and guns by duguk · · Score: 1

      yeah i do, murder is a greater crime than robbery. there's plenty of proper channels to go through. murder is not the right way to solve the problem of robbery.

    35. Re:NAACP and guns by jamstar7 · · Score: 1
      1. Hunting.

      2. Self Defense

      3. Making government bureaucrats think things over before engaging in absolute stupidity, priceless.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    36. Re:NAACP and guns by Anarke_Incarnate · · Score: 1

      My SIG is the "poor man's Sig" it is a CZ 75B Stainless. A Beretta PX4 will be keeping it company soon.

    37. Re:NAACP and guns by jamstar7 · · Score: 1
      Word. It's a _lot_ harder to kill someone without a handgun.

      Quantity one baseball bat.
      Quantity one steak knife.
      Quantity one SUV.

      So when we gonna outlaw baseball bats, steak knives, & SUVs? When we gonna outlaw plastic bottles & gasoline (used in making crude incindiary devices, according to a couple of ALF nutballs)?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    38. Re:NAACP and guns by Anonymous Coward · · Score: 0

      1. Hunting.

      Yes, guns are useful for hunting. And other sporting use, of course.

      2. Self Defense

      Less so, unless you live in some distopian inner-city crime den, in which case even carrying a gun is unlikely to protect you from rampaging criminal gangs. I've never carried any sort of weapon, and nor has anyone I know, and there are probably only a handful of people in my town that own guns for self defence, and yet so far the number of times I, anyone I know, or anyone living in my town has been murdered in their bed as a result of not having a gun is precisely 0.

      I still don't see why either of those facts makes it a problem for governments to choose to restrict who is permitted to own guns and what types of gun they are permitted to carry. Nobody has any real objection to governments insisting on vehicles being licensed, or drivers having to pass strict tests before they're permitted to drive, or certain types of vehicle being illegal to drive on public roads, so why should guns be any different?

    39. Re:NAACP and guns by Cromac · · Score: 1

      Go ahead and check out the rest of the world, gun bans have preceded every holocaust and governmental massacre world wide. Check out Australia which has had a major increase in violent crime since banning handguns. Check out England which has a rising violent crime rate.

    40. Re:NAACP and guns by Daniel_Staal · · Score: 1

      Liberty is safety.

      This is the fundamental thing that people just don't get: If you give people the ability to live their lives in peace without interference, very few will attack others. When you take that ability away, they start to find ways to try to take it back. If that can be done peacefully, it usually will be. If it can't, it never will.

      --
      'Sensible' is a curse word.
    41. Re:NAACP and guns by Anonymous Coward · · Score: 0
      So you think that making handguns illegal will make all the criminals suddenly follow the rules and turn in their handguns??

      Gun buybacks are pure, feel-good horseshit. They're mostly a way to make a few bucks off a useless something that should be tossed in the garbage. In a buyback a few years ago, San Francisco police got plenty of un-saleable crap from legitimate gun dealers. One even had a tag tied to it that said, "Does not fire. For parts only."

    42. Re:NAACP and guns by Mercedes308 · · Score: 1

      Not trolling or anything, but I've had the extremely good fortune to have lived in different societies where one had gun control laws and the other didn't. The only real difference I saw in the papers on a day to day basis between the two was a marked lack of accidental death by gunshot wound in the country with gun control. The criminal element still used guns as their preferred method of slaughter regardless of the law. And not trying to sound like a "Think of the children" twit a lot of the accidental deaths were kids. Kid shows gun to friend, plays with it, loads it, bang, one gets fucked up. Kids love playing with things like that, matches, knives, guns, whatever. As to if I think there should be a gun ban? Probably not, but I think the licensing should be very stringent. I used to have an AK-47 that I used as my general purpose gun (lived way out in the bush in Australia) it was cheap, simple and reliable, plus the magazine was such that I didn't have to carry extra ammo in boxes. The last thing I ever considered for this gun that was designed to kill people was to actually use it against a person. But to let someone in the city to have such a weapon without demonstrating clearly that they belong to a relevant club for sport use is irresponsible. If they want something for self protection then let them have a shotgun. As to handguns I'm still on the fence about them.

      --
      And no, I couldn't give a shit what my karma is.
    43. Re:NAACP and guns by Lordrashmi · · Score: 4, Insightful

      If you want to compare licensing guns to licensing cars, then here is a good point.

      The government only licenses cars and drivers for use on public roads. I can go out and buy any vehicle I want, and as long as I only use it on private property, the government doesn't care. I don't need brake lights, airbags or anything else the government requires, as long as I only use the vehicle on private property. It is once I take it onto public roads that the government cares.

      This should be true for guns as well. What I do on my private property on my business, as long as I don't endanger people around me. So in a residential neighborhood I should be able to keep any firearm I like, but not discharge them (as it poses a danger to those around me). However, if I am out in the middle of nowhere (again on private property) I should be able to discharge any firearm I like. However, if I want to carry a loaded weapon with me in public, the state government should be able.

      In my state this is true. If I wanted to carry a concealed handgun, I would have to pass a background check, go through a safety course and pass a test. In addition, once I was issued a license I would be subject to a stricter set of rules when carrying the weapon.

    44. Re:NAACP and guns by jamstar7 · · Score: 1
      So the question becomes where the line of self-defense is drawn. I think we can both agree that the average citizen shouldn't have the right to own a bazooka or a nuclear warhead for example. Those implements could be used for self-defense, but it's just going too far. Therefore, we can both agree that there is a limit to the types of arms we can bear. The issue then becomes a question of what is permissible. There are many people, myself included, that claim that we should not have handguns for the same reason we should not be allowed to have bazookas.

      OK, so you're advocating expanding police forces by an order of magnitude to 'protect' everybody? Mind if I ask how you intend to pay for it?

      I don't believe in limiting availability of weaponry. Show me you know how to care for and properly use a bazooka, and I have no problems with you owning one. I'll trust you not to blow up my house.

      As far as police go, first off, the old adage of 'there's never a cop around when you need one' is rather true for the most part. I don't count on them to 'protect' me. And yes, I live in a state with an 'open carry' law. Tends to make for a politer society, IMNSFBHO.

      And besides, police aren't there to 'prevent crime' or any other such nonsense, they're there to clean up the mess. Last time I looked, the cops weren't busting down doors because somebody might commit a crime, or had the capacity and ability to commit a crime, they bust down doors to get to the people who committed a crime.

      In short, why, yes, I do believe in the 2nd Amendment. I think gun safety should be manditory in schools to teach these kids what they're getting into when they play with guns. Learning gun safety is important. I grew up around guns, as did many of my neighbors, and we all learned about them at an early age what they can and cannot do. Nobody within 30 miles of me died of an 'accidental gun discharge'. This leads me to think that maybe the 'answer' to 'gun violence' is education. Problem with that is, it doesn't 'control' citizenry like a gun ban does. And it'll cost a bit of money instead of making Yet Another Criminal Class like a ban would. And besides, all a gun ban really does is drive up the street price of a gun. Think 'Prohibition.' Now that really did wonders for crime, didn't it?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    45. Re:NAACP and guns by zippthorne · · Score: 1

      If he's the only one standing up to the tanks, I think he'd be screwed even if he were in some kind of nuclear powered super tank.

      --
      Can you be Even More Awesome?!
    46. Re:NAACP and guns by technicalandsocial · · Score: 1

      sorry to correct your little typo:

      sed s/horrible/Britain/

    47. Re:NAACP and guns by Shawn+is+an+Asshole · · Score: 1

      3. Recreation*.

      * Go to a gun range and shoot some target's. It's fun.

      --
      "It ain't a war against drugs.it's a war against personal freedom" --Bill Hicks
    48. Re:NAACP and guns by Chosen+Reject · · Score: 1

      It's also a _lot_ more risky to attempt murder if the victim has a gun. It's a _lot_ more risky to attempt rape if the victim has a gun. It's also a _lot_ more risky to rob if the victim has a gun.

      If there were some magical way of keeping guns out of the hands of criminals during criminal acts but in the hands of law abiding citizens doing law abiding things then I would be all for it. Gun bans do the exact opposite. The criminals keep the guns and the law abiding citizens turn theirs in. Now it's become a _lot_ easier to kill because you've removed the risk of the perpetrator. What you are talking about is removing guns completely and that is NOT the same thing as a gun ban.

      Oh if everyone who says such things as this would learn one basic truth: bans != elimination.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    49. Re:NAACP and guns by Chosen+Reject · · Score: 1

      Murder isn't the right way. In that you are correct. But a someone is a lot less likely to rob you if they have any reason to believe you can and will shoot them if they attempt to do it.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    50. Re:NAACP and guns by Steve+B · · Score: 1

      Do you have a problem with having to get a license for it?

      In an abstract theoretical sense, it makes sense to require someone to prove that they have a clue about firearms handling before they get to have a gun.

      In an abstract theoretical sense, it makes sense to require someone to prove that they have a clue about civics and current events before they get to vote.

      In the real world, historical baggage has made both notions unacceptable in the US.

      --
      /. If the government wants us to respect the law, it should set a better example.
    51. Re:NAACP and guns by Almost-Retired · · Score: 1

      Yes it does, on both counts. That I have no problem with, its the non-uniform application I have a problem with.

      BTW, I like your .sig :)

      --
      Cheers. Gene

    52. Re:NAACP and guns by Cederic · · Score: 1


      wtf use does a compound bow have that a bow doesn't?

      shit, some compound bows are more powerful than some bows.

    53. Re:NAACP and guns by Cederic · · Score: 1


      ok. rewrite.

      wtf use does a compound bow have that a gun doesn't?

      shit, some compound bows are more powerful than some guns.

      ~cederic should avoid posting on slashdot within two hours of international air travel

    54. Re:NAACP and guns by Mr.+Slippery · · Score: 2, Informative
      Which suggests to me that guns are probably the easiest way to kill someone.

      Which further suggests that if there were fewer guns, people would have to try harder to kill other people.

      Problem being, what if it's your infirm grandmother, defending herself against a big guy breaking into her house with a knife? Yes, it would be harder for her to kill the bad guy. Considering that (if she can't run away, and we assume that if he's going after a little old lady he's beyond being talked out of this) it's kill him or be killed or seriously injured herself, that's not a good thing.

      And that's not a rare case. Estimates of defensive firearms uses range from 108,000 to 2.5 million, depending on whose numbers you believe. The DOJ puts it about about 1.5 million per year. That's about 500 per 100,000 population - about two orders of magnitude more people will use guns defensively, than will be murdered by any means. Even if you take the 108,000 figure, you get 36 per 100,000, six and a half times the total murder rate and nine times the rate of homicides commited by firearm.

      I'm not sure if the stats for "numbers of homicides" means individual deaths, or "incidents" (which may involve multiple deaths).

      It means the number of deaths. A mass murder is multiple homicides.

      I think you'll find that statistically there are a *lot* more deaths per "incident" when guns are involved.

      If you want to commit mass murder, guns are not the way. Bombs or fire, that's the ticket. For a high body count you need to blow up or set fire to a building, not go on a shooting rampage.

      On the other hand, if someone does go on a shooting rampage, you'd better hope you're in a state with concealed carry laws and that someone will shoot back. (It was only after the infamous Luby's massacre that Texas, followed by other states, changed the law to allow law-abiding citizens to carry firearms on their person.)

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    55. Re:NAACP and guns by atomicdoggy · · Score: 1

      Right, worked well in Darfur!

    56. Re:NAACP and guns by Shelled · · Score: 1

      "We could all roll around in bubbles with cameras recording our every move, and I'm sure that would make this a safer society..."

      That's a lesson the American founders knew so well, society wouldn't be safer. They knew, without the benefit of living through our 20th Century, that the biggest killer of all is governments. The people behind the cameras and assigning bubbles will eventually become a far greater danger to life than an armed populace.

    57. Re:NAACP and guns by Mr.+Slippery · · Score: 1
      So the question becomes where the line of self-defense is drawn. I think we can both agree that the average citizen shouldn't have the right to own a bazooka or a nuclear warhead for example.

      The only reason to ban a citizen from owning a rocket launcher would be because the hazards of storing such a thing endanger one's neighbors. If you live by yourself out in the country and want to own stuff that goes boom, it's none of my business, though I do see a case for strong safety regulations.

      (I can rent a moving van, fill it up with household chemicals, and have something much more lethal than an RPG.)

      As for nukes, I don't think anyone, governments or private individuals, can own a nuclear weapon (except maybe some of the smaller tactical nukes) without violating the rights of others by placing them in danger, the potential disaster is simply too great.

      But discussion of nukes does not apply to the question of Amendment II. The term "arms" had a very specific meaning, applying to the handguns and longuns that an infantry soldier would carry, the sort of things that a single person can "bear", as the text says. Artilery pieces were refered to as "cannon".

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    58. Re:NAACP and guns by Anonymous Coward · · Score: 0

      Even if gun bans worked (which they don't),

        Ha! Tell that to Hong Kong, where the police called in a martial arts expert to help with the Triads years back -- the organized crime syndicates, unable to acquire more than a trivial number of firearms, turned to martial arts training to hold off police.
        The first thing most towns did in the "wild west" was ban the carrying of firearms inside the city limits, but then I guess people weren't so stupid back then.
        (OTOH, I'm an anarchist, but regardless of my views on the utility of firearms, the truth is what it is, and it's up to each community to decide on its own rules of conduct. As long as people are given a way to back out, like say, moving to a guns-are-mandatory town, it's no restriction on liberty.)

    59. Re:NAACP and guns by MoneyT · · Score: 1

      we've already had the long arguement that having licensing/a ban in place will lower crime rates of weapons, theres no arguement there.


      There's plenty of arguments there. Don't pretend just because some studies coincide with your belief that the argument is over.

      this is really getting into a pathetic arguement, which is easily proven through statistics. the UK doesnt have anything like the problem that the US does.

      Neither does canada, which has a per capita rate of gun ownership on par to the US. As alwasy, guns are not the problem, the people are. Furthermore, it's worth noting that despite the ban, the UK still has gun crime and violent crime is on the rise.

      The problem of gun bans / gun control is the same problem as the war on drugs. Only those planning on following the law in the first place are affected. Everyone else still gets their guns and drugs, they just don't get them at the corner store.

      --
      T Money
      World Domination with a plastic spoon since 1984
    60. Re:NAACP and guns by NtroP · · Score: 1
      Some folks think safety is more important than liberty. I disagree with them. I think that liberty is more important than safety...
      Mr. Titor, Is that you?
      --
      "terrorism" and "pedophilia" are the root passwords to the Constitution
    61. Re:NAACP and guns by a-singularity · · Score: 1

      The problem with licensing that most gun advocates see is simple. Pretty much everywhere that forced registration or licensing to own a gun shortly thereafter confiscated the weapons of the formerly lawful armsbearers in a gun ban.

      RG

      --
      People are selfish. Why?
    62. Re:NAACP and guns by skam240 · · Score: 1

      i agree completely. just the other day my handgun made it "easier and more convenient" for my kid to shoot himself.

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    63. Re:NAACP and guns by giblfiz · · Score: 1

      I don't know, the bubbles sound like they would be kind of fun. Do you think they would float?

    64. Re:NAACP and guns by MoneyT · · Score: 1

      Conveniently, just the other day, my handgun made it easier and more convenient for my 100 and nothing lb sister to prevent herself from being raped by a 300 lb waste of life.

      Now that we're both done appealing to emotions, would you like to try for a reall argument or are you just trolling?

      --
      T Money
      World Domination with a plastic spoon since 1984
    65. Re:NAACP and guns by falconwolf · · Score: 1

      In short, why, yes, I do believe in the 2nd Amendment. I think gun safety should be manditory in schools to teach these kids what they're getting into when they play with guns. Learning gun safety is important. I grew up around guns, as did many of my neighbors, and we all learned about them at an early age what they can and cannot do.

      Same here. Where I grew up though not everyone had firearms many did and children were taught to use and respect them. Aroung the age of 6 I got my first bb gun, then before 12 my dad gave me his .22 long rifle. Between him and my best friend's dad we were both taken out frequently for target practice.

      Falcon
    66. Re:NAACP and guns by tronbradia · · Score: 1

      Guns are a device for depriving someone else's liberty. It's one thing if you live in the woods and actualy need guns to defend your property from robbers and bears, because you are the law in that case. Everyone needs to be a tyrant. In the city, everyone cedes their coercive rights to a central authority, because it is possible to have an arrangement where only the government can hold coercive power while individuals give theirs up. People gain the right not to be coerced, giving up their right to coerce, which they hopefully won't need if they won't need to defend themselves. That's the basis without which cities could not function. My friend/roomate was in Chicago and gave this guy a couple bucks when the guy asked. The guy pulled him aside and said "between you and me, next week, I'ma get my gun. And I won't be ASKIN' anyone for money." That guy will be exercising his alleged right to have a weapon of coercive violence. In exchange, others will lose their rights to private property, like their wallets. So whose liberty do you prefer in that case? This IS a matter of freedom vs tyrranny. But it's not as clear-cut as you suggest.

    67. Re:NAACP and guns by pipingguy · · Score: 1

      Do the "bad guys" have to go through similar safety training, background checks and vetting?

    68. Re:NAACP and guns by skam240 · · Score: 1

      a taser would have done the same thing. mace could have done the job too.

      here's an agrument for you. i can protect my house just as well with mace and a taser as with a gun without subjecting some one to the death penalty for probably just wanting to steal my tv.

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    69. Re:NAACP and guns by MoneyT · · Score: 1

      Mace requires you to hit the face, be well within striking distance of your attacker and has a high probability of hitting you as well as your attacker. A taser gives you one shot before you have to reload or be within melee range of your attacker. Civilian tasers have a maximum fire distance of 15 feet, and are only effective while the taser is on. Once the taser is no longer discharging your attacker will regain concsiousness quick, and have the added bennefit of all the adrenaline his body just dumped into his system. While a taser makes an effective street weapon (providing you can hit your target and then run away), in your own home it is fairly useless as you still have to contend with the attacker being in your home when he recovers in 10 seconds.

      On the other hand, most people including burglers have a rather strong self preservation instinct. When faced with a gun, most will tuck tail and run without a shot having to be fired. Most others will very clearly get the message and start leaving once the shots start flying, regardless of whether you hit cleanly (as is required for both mace and tasers). And with a minimum of 5 chances to hit, I'll take a gun over your taser any day.

      By the way, both mace and a taser could kill a child just as dead as a gun. Perhaps if you were a proper parent, and actualy taught your child safety, including gun safety, and taught them that a gun was not something to mess around with, perhaps they wouldn't have been so stupid as to shoot themselves. Furthermore, if you were anywhere close to a good parent, you would have taken appropriate measures to secure your firearm against your child.

      Given the evidence, it would seem to me you would be no more effective defending your house with gun, taser or mace as you clearly have no interest in actual safety and safe guarding your home and family. Your projection of your own failings and inadiquacies to the rest of the population is disheartening and yet so typical of those that hold your view points. Perhaps if your side of the debate was not so full of people who couldn't handle their own insecurities, we could perhaps have a reasonable debate over gun laws and gun control. As it stands it's clear you are incapable of such a debate.

      --
      T Money
      World Domination with a plastic spoon since 1984
    70. Re:NAACP and guns by MoneyT · · Score: 1

      The "bad guys" get the guns regardless of the law. Unreasonable legal hurdles do nothing other than prevent the "good guys" from being able to properly exercise the rights granted by the constitution.

      --
      T Money
      World Domination with a plastic spoon since 1984
    71. Re:NAACP and guns by Anonymous Coward · · Score: 0

      It sounds like a good idea in theory but what it would mean is that killing people on your property is legal, because its none of the governments business....

    72. Re:NAACP and guns by skam240 · · Score: 1

      Mace requires you to hit the face, be well within striking distance of your attacker and has a high probability of hitting you as well as your attacker.

      given that we're discussing a home invasion here we're talking about pretty close quarters. it's pretty easy to hit some one in the face with mace under such conditions. as for your statement about a "high" probability of hitting ones self all i can say is that based on how i have seen mace work i can only disagree and ask for some sort of evidence (some sort of study giving a probability would be nice). baseball bats also work very well inside houses.

      Civilian tasers have a maximum fire distance of 15 feet, and are only effective while the taser is on.

      fifteen feet is more than enough room to work with in most houses.

      Once the taser is no longer discharging your attacker will regain consciousness quick, and have the added benefit of all the adrenaline his body just dumped into his system. While a taser makes an effective street weapon (providing you can hit your target and then run away), in your own home it is fairly useless as you still have to contend with the attacker being in your home when he recovers in 10 seconds.

      i am completely confident in my own abilities to disarm and pin and intruder after stunning them. i will say, however, that mace or a bat would be the preferred solution here.

      By the way, both mace and a taser could kill a child just as dead as a gun.

      at the age you're talking about simply putting either mace or a taser in my top dresser drawer should easily keep it out of any child so young as to be able to be killed by mace or taser. a gun will kill a child of any age, however.

      i might also add that you're dodging my point that most home intruders are simply after your property. dishing out death for something as petty as theft doesnt seem terribly ethical (and lets face it, hand guns are for killing people and that's all).

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    73. Re:NAACP and guns by iq+in+binary · · Score: 1

      I need a gun to hunt. I need a gun to protect myself. I need a gun to protect my family and home. I need a gun so as to provide a deterrance from the criminals who wish to violate my rights in the first place.

      I have an unalienable right to have a weapon, an effective weapon that I can use to defend against any threat I may have to face in my daily activities. As do you. You have a right to free speech, you have a right to a safe home and the ability to carry on in your normal every day life without risk of life and limb. That right, however, stops where mine begin. My right to carry a weapon is more important than any size population's will to deny me of that right, even if that population is of the country I live in. Better the few selfish with their rights than the masses foolish with theirs.

      I'm not supposed to be ok with having my basic human rights raped as they would be in the UK. I have a right to screw my girlfriend in the alley if we get a wild hair and an urge without being on national television. I have a right to every day actions without having all of them recorded and catalogued. The day you have to answer for deviating from your normal route home from work is the day you have too few rights to be a human being. If that sounded like a superiority complex to you Brits, it was.
      Cameras in the subway is one thing, cameras on every street corner? Freedom comes at a cost people, and that cost is safety. Living in freedom is never safe, because others have the capability of enacting their will.

      That freedom is more important than the lives of those that want more safety at the cost of MY freedom. Fight for your safety, or you don't deserve it.

      --
      Of all the Universal Constants, here's one I know: Nice guys finish last ;)
    74. Re:NAACP and guns by pipingguy · · Score: 1

      [me smack forehead]

      D'oh.

    75. Re:NAACP and guns by Dausha · · Score: 1

      However, you don't have a constitutional right to drive a car. You do have a constitutional right to possess a firearm. The Second Amendment forbids any bar on possessing a firearm. State and Federal laws to the contrary are therefore unconstitutional. What I'm getting at is licensing a car is not the same as licensing a firearm because the source of the ability for the latter is much higher than the former. (It should be noted that convicts were historically forbidden when the Amendment was adopted, and under common law would still be barred.)

      Whether you believe it or not, the government can control what you do on private property. For example, you cannot hunt out of hunting season on your own land. You cannot create a nuisance. You cannot dump toxic waste. You cannot sing Barry Manilow tunes at 2a.

      The net effect of licensing overall is to reduce the number of poor people legally carrying concealed. First, it costs more than being unlicensed. Second, poor people per capita have been processed through the criminal justice system in some capacity that would foreclose their ability to obtain a weapon via background investigation. Third, poor people tend to view the police with a little more disdain than upper classes, in part because of reason number two. So, you accept a stance that disarms those most afflicted by violent crimes when you accept licensing.

      The right to be armed is not to make sure you are safe in the streets, but to keep your government honest. Bing safe is a side effect. Unfortunately, the government has gotten into a habit of doing things that are grossly unconstitutional. I'm referring to all three branches of the federal government. (My favorite is that Section 5 of the 14th Amendment says Congress, not the Court, is to enforce the 14th Amendment, which does away with assorted due process and all those "privacy" rights.) So, they regularly tread on our rights and we regularly accept it.

      The police are not obliged to protect individual citizens. This non-obligation is enforced every time a citizen tries to sue the police for not protecting them. Cops enforce the peace and protect the public, not the individual. So, then, who can protect the individual?

      You comment that those carrying concealed with license are held to a higher standard. Higher than who? Illegally carrying concealed? So, a licensee gets drunk and shoots somebody is punished more than an unlicensed? My point is that carrying at all creates a higher standard, licensing is effectively irrelevant. If you're comparing the standard to an unarmed individual, then you're not comparing like items (fallacy of undistributed middle). Of course carrying a weapon subjects you to a higher standard---your lethality has been increased. That's true regardless of whether your licensed.

      I think responsible citizens would attend training courses. As an inducement, lower the liability for one who has accepted training when there has been an incident. But, part of the training requires refresher courses.

      --
      What those who want activist courts fear is rule by the people.
    76. Re:NAACP and guns by Anonymous Coward · · Score: 0

      No, that would be the UK.

    77. Re:NAACP and guns by azimir · · Score: 1

      Murder is a greater crime than robbery, but it is not murder to kill someone bent on doing yourself or your family bodily harm. That is the root of the reason why there are different terms for different types of killing, ala poaching vs hunting. One is justified, the other is against society's rules.

      If someone tries to harm myself or my family my first instict is to run, but if that is not feasible then that person will need to look to their life, as they are treatening mine. Taking away the best tools that I have available to defend my life seems like you don't care about my well being. Instead, you seem to feel that any harm visited on another is unjustified, even in the face of unmagable aggression. You want me to use less effective means (tasers and mace often fail to stop determined people, which is why police still carry guns), or no means at all to protect myself. I should just let them harm me and hope they're merciful.

      I am in favor of education and training for anyone who owns and wishes to employ a firearm. The rate of legitimate concealed carry license owners commiting *any* kind of firearm crime is incredibly low, in the range of 1..10 events *ever*. Everyone that I've ever known who used firearms for recreation or defense, and spent the time to learn the consequences of using this particular tool, has never had any kind of problems, but some of them have had to employ this tool to defend their lives. In all cases the mere statement that they were armed diffused the situation, although I assure you they would have drawn if need be. Bluffing would be The Boy Who Cried Wolf and would not cut it, the threat has to be real and backed up if needed.

      Taking away any citizen's ability to defend themselves *right now*, as the police will only be along some minutes after being informed of the situation, is tantamount to harming them yourself. The world is dangerous, I'm sorry but it is. I wish it wasn't. I do my best to be neighborly and kind wherever I go, but that's not what everyone does. I wish that I could walk down any city alley way at any time of day and feel perfectly safe, but that's not reality. The people that worry me don't follow laws and they surely care more about my wallet contents than my life. If you asked me for my wallet I'll give it to you, it is but a thing. Threaten me or mine and I'll do *everything* in my power to ensure our safety. First that means going to the authorities, but if they're too far away and the issue is right now, anyone in that situation should have any tool they feel they need to deal with those involved. Taking that tool away from the people in this country just leaves them at the mercy of those who don't care one bit about wether they live or die.

    78. Re:NAACP and guns by QCompson · · Score: 1
      Our problem with violence does not rest in our guns.

      You're right, our problem with violence rests in our video games. *ducks*
    79. Re:NAACP and guns by canadian_right · · Score: 1
      Where I live many people own guns, but unless you live outside of the city the guns are generally locked up. Not much use for home defense. NO ONE, except crimminals and police, carries hand-guns around, and even the crimminals usually leave them in their car unless they need them. So why are me and all my neighbours completely unconcerned about gun toting criminals? We are unconcerned because the average criminal goes about their crimes unarmed. When an armed crimminal does strike they have made themselves the local police's top priority, and they are hunted down and arrested in short order. The huge numbers of unarmed theives are virtually ignored by the police as long as they limit themselves to stealing stuff without confronting people. We have a very low rate of violence against people, but a stupidly high rate of car thefts and other "property" crime (mainly driven by drug addicts getting money for their habit). It sucks to expect to have your car stolen every couple of years, but it sucks less than worring about being mugged etc...

      90% of gun murders are crimminals killing each other. Most of the others are crimes of passion. Most years only 1 or 2 honest citizens are murdered by criminals in a city of 2 million.

      --
      Anarchists never rule
    80. Re:NAACP and guns by canadian_right · · Score: 1

      In the USA guns kill more people by suicide and accident than murder. Statistics!

      --
      Anarchists never rule
    81. Re:NAACP and guns by MoneyT · · Score: 1

      given that we're discussing a home invasion here we're talking about pretty close quarters. it's pretty easy to hit some one in the face with mace under such conditions. as for your statement about a "high" probability of hitting ones self all i can say is that based on how i have seen mace work i can only disagree and ask for some sort of evidence (some sort of study giving a probability would be nice).

      You are talking about home invasion. I am speaking of defense in the general sense. That said, I have not been able to locate a study on the chances of self inflicted injury, however, most training programs for using mace as a weapon include very strong and stern warnings that it is likely you will get some on you, and that you should expose yourself to it in doses to build up some tolerance and know what to expect. An example of one such program can be found here:

      http://www.tscm.com/mace.html

      Also, if you get the chance, I suggest talking with some cops who have had to deploy mace in a defensive environment, most of the one's that I personally have spoken with will attest to the downside of mace being that it's easy to get hit yourself. Not a full dose mind you, but enough to potentialy harm your defensive position.

      baseball bats also work very well inside houses.

      Only in an open room where you can swing. Also note assault with a bat will be an assault with a deadly weapon charge, the same as if you used a gun to defend yourself. Personally I would rather avoid getting within melee range of an attacker.

      fifteen feet is more than enough room to work with in most houses.


      A home is not the only place one might be attacked. Furthermore, the major downside to a taser is that in order for it to be effective, both prongs must hit. Moving targets and furniture can both cause a miss, and then you must reload. Also note that in between shocks (and perhaps while being shocked) an attacker can remove the probes rendering the taser useless.

      i am completely confident in my own abilities to disarm and pin and intruder after stunning them.

      I am glad that you are, but not everyone is. Your wife for example, may not be. Your daughter or son may not be. Certainly the old millers down the street aren't likely to pin anyone down with their walkers. The right to self defense should not be limited to one's physical prowess.

      i will say, however, that mace or a bat would be the preferred solution here.

      I would prefer to not have to use either. In my house, I would hope that a burglar would have left after being confronted with a shotgun. Ideally I don't want to attack my burglar, I want him to leave.

      at the age you're talking about simply putting either mace or a taser in my top dresser drawer should easily keep it out of any child so young as to be able to be killed by mace or taser. a gun will kill a child of any age, however.

      The age at which your child is old enough to reach the gun and break the locks or security mechanisms you have in place on said gun is the age your child should be old enough and smart enough to know a gun is serious business, that it should not be pointed at anything that you don't intend to kill and that he should not be handling it without supervision. And both mace and tasers can kill or severely wound any child of any age. Your child may have asthma and OC or real mace (which is a tear gas) can certainly pose a severe threat. Tasers can start fires, take out eyes and depending on what happens cause your child to severely injure themselves. That said, certainly of all the weapons that would be mostly unsecured, my taser will be as opposed to the gun. But ideally, none of the weapons will be so unsecure and my children know safety.

      i might also add that you're dodging my point that most home intruders are simply after your property. dishing out death for something as petty as theft doesnt seem terribly ethical (and lets face it,

      --
      T Money
      World Domination with a plastic spoon since 1984
    82. Re:NAACP and guns by ScentCone · · Score: 1

      In the USA guns kill more people by suicide and accident than murder.

      So, you're thinking that people who want to kill themselves would not want to kill themselves if guns weren't handy? Japan as a very high suicide rate, and that hardly ever involves guns. What's your point, exactly? People that desparate use whatever tool they choose to use. The tool doesn't make them WANT to end their lives.

      Accidents? Please compare to falling down stairs, crashing cars, electrocution, choking on food, taking the wrong meds, cleaning gutters from ladders, etc. The only reason anybody dies accidentally while handling a gun is because they haven't been shown how to do it safely. The gun doesn't CAUSE the accident. Carelessness, just like with chainsaws, causes the accident. What's your point, exactly?

      --
      Don't disappoint your bird dog. Go to the range.
    83. Re:NAACP and guns by Lord+Kano · · Score: 1

      I assume that you've never heard of the Deacons for Defense and Justice.

      You probably have heard of the Black Panther Party for Self-Defense.

      Firearms have been used successfully by black people to defend themselves from racist aggression.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    84. Re:NAACP and guns by dwbryson · · Score: 1

      Your above reasoining on uses of various items are entirely irrelevant.

      But tell me, what convenient use does a gun have? Apart from as a weapon?

      It does not matter what a gun is used for. The purchasing, ownership, and use of my gun is irrelevant unless I violate the law
      It is not any of your business nor the governments business what I do with any guns or any other item I purchase in my life.

      The United States is a free country and I do not have to justify any of my actions to anybody except a judge or jury of my peers during a trial. And others have no say what so ever in my life.

      --
      - "Never let a computer tell me shit." - DelTron Zero
    85. Re:NAACP and guns by Anonymous Coward · · Score: 0
      Do you have a problem with having to get a license for it?

      Indeed I have "... the right of the People to keep and bear arms, shall not be infringed.", motherfucker.

      And don't give me any of your whiney shit about, "The Supreme Court has held ....". The same bastards upheld slavery and many other evils in our society, as they continue to do to this very day.

    86. Re:NAACP and guns by skam240 · · Score: 1

      i took the rout of home invasion mostly because of this line on your part: "While a taser makes an effective street weapon (providing you can hit your target and then run away), in your own home it is fairly useless as you still have to contend with the attacker being in your home when he recovers in 10 seconds." in retrospect you obviously werent bringing the discussion around to home invasion by saying that (so my bad on that) but this isnt really a big deal either way.

      while i will readily agree that a gun does enjoy many advantages, with a non-lethal approach one can be proactive with a would be assailant rather than sitting back and waiting. furthermore if i am misinterpreting the situation (the individual does not, in fact, mean me any harm) and the person does something stupid i wont be in a situation where i ended some ones life over a tragic misunderstanding.

      another thing that comes to mind is the responsible use of the gun. it is not uncommon to hear about instances of home burglaries in which the burglar turns to flee when confronted by a gun and is then shot in the back. in the heat of the moment, just woken up, pissed off there's a burglar in your home, even some one like yourself who seems to have a good understanding on responsible gun use can make a mistake. this even happens to cops and american soldiers, people trained to a much greater degree in the use of their weapons than the average civilian.

      pretty much what it comes down to with guns and i is their finality. dead is dead. an irresponsible gun owner (and there are many) or a simple misunderstanding or mistake and some one has just tragically lost their life. other tools such as mace just dont have as great of a potential to kill some one even when irresponsibly used.

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
    87. Re:NAACP and guns by yesthatmcgurk · · Score: 1

      Torture doesn't work? You do not support it?
      Your child is kidnapped by two individuals. One is captured. He will not talk. You are placed in a soundproof room with the kidnapper and one #2 pencil. Sharpened.

    88. Re:NAACP and guns by MoneyT · · Score: 1

      I don't think it's uncommon to hear about such misunderstandings, not because they are uncommon occurances, but because they are what catches the interest of the news. No one really cares about a completely legal and justified shooting when an 80 year old guy takes out some punk with a knife in his home, it's justified, no story, so the news doesn't report.

      Consider, what are all the possible senarios you can think of, that would lead to a true misunderstanding? And how many of those are because the victim was comitting a crime they shouldn't have been?

      Look at it this way. According to the Fall 1995 Journal of Criminal Law and Criminology, guns are used by people ~2.5 million times per year to defend themselves. That's almost once every 13 seconds. How often do you hear about misunderstandings in comparison?

      While I agree that ending a situation without loss of life is preferable, in the end, it can almost always be prevented if our victim wasn't comitting a serious crime in the first place. The solution therefore is not to keep people from arming themselves as they feel appropriate (and certainly if you feel that comfortable arming yourself with a taser and then disabling your attacker, more power to you) but to stop people from comitting these crimes in the first place, and letting it be well known that the penalty for comitting such a crime can be more drastic than they imagine.

      --
      T Money
      World Domination with a plastic spoon since 1984
    89. Re:NAACP and guns by 99BottlesOfBeerInMyF · · Score: 1

      Gun-licensed countries -- practically those with bans have far far lower crime.

      Both of the links you provided do not support your assertion. Both articles reference gun crime only. Yes, violent crime with guns decreases as laws make guns less available, but in general violent crime in those localities increases overall. So if your goal is to stop people from being murdered with guns, then yup gun bans help. If, however, you have the more sensible goal of stopping people from being murdered in general, then no they don't make sense.

    90. Re:NAACP and guns by soft_guy · · Score: 1

      Torture doesn't work? You do not support it?
      Your child is kidnapped by two individuals. One is captured. He will not talk. You are placed in a soundproof room with the kidnapper and one #2 pencil. Sharpened. You are grasping at straws. Even in this situation, I would not torture the person. I would, however, implore him to divulge the whereabouts of my child.
      --
      Avoid Missing Ball for High Score
    91. Re:NAACP and guns by yesthatmcgurk · · Score: 1

      And you are lying to yourself. Speaking of lying to oneself, I admit I'm threadjacking and will stop.

    92. Re:NAACP and guns by 99BottlesOfBeerInMyF · · Score: 2, Informative

      American kids are 16 times more likely to be murdered with a gun, 11 times more likely to commit suicide with a gun, and nine times more likely to die from a firearm accident than children in 25 other industrialized countries combined. (Centers for Disease Control)

      I don't even understand this mentality. How can someone cite this as though it were worse than other places. Guess what, I bet people in Japan are more likely to die by choking on fish than those in the US. Who cares? The mechanism is not important. Are kids in the US more likely to commit suicide or be murdered than other countries and does this statistic correlate across countries that have more handgun availability? The answer, for anyone who bothers to look, is "no." So if we make guns harder to obtain more people will kill themselves with poison and more people will die from drive by pipe bombs. How is this beneficial if you don't have some sort of psychological aversion to guns that does not extend to these other instruments?

      Gun bans don't prevent violence and most studies show they slightly increase it. If you're interested in stopping violence why not look to the phenomenon that do strongly correlate with violence and look to passing laws regarding those?

    93. Re:NAACP and guns by Muad'Dave · · Score: 1

      Fairbanks seems to have a relatively high overall crime rate, but the rates for murder and burglaries are below the national average. Could that be the criminals are reluctant to commit violent crimes due to the likelihood of an armed response?

      --
      Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
    94. Re:NAACP and guns by 99BottlesOfBeerInMyF · · Score: 1

      I see it as "the vast majority of murders in the US are committed with guns." Which suggests to me that guns are probably the easiest way to kill someone. Which further suggests that if there were fewer guns, people would have to try harder to kill other people. Which suggests that there would be fewer people killed.

      I agree with your logic so far, however, guns are used in non-lethal self defense in the US more often than they are used in murders. So, while the number of deaths might increase (all other factors held constant somehow) the number of people killed and injured that would otherwise have successfully defended themselves. As a result, the number of deaths would go up.

      Now, I'm not sure if the stats for "numbers of homicides" means individual deaths... I think you'll find that statistically there are a *lot* more deaths per "incident" when guns are involved.

      Each death is listed as one homicide, so not his is not the case.

      Here are the facts. Guns are one safeguard against a totalitarian government that will cause disproportionate pain, suffering, and death. As such they are quite possibly valuable as a strategic move. By default, there is no reason to ban people from doing having anything without reasonable evidence that so doing will benefit society. Most studies around the world to date suggest that gun bans tend to decrease gun deaths and gun violence, but slightly increase murder rates and violent crimes overall, since it lessens criminal's fear of death for their actions. As such you need to provide some pretty convincing numbers from numerous other, normalized locations to convince me that banning guns would be a benefit.

      One of the things that really gets me is that the case for guns is so close. Some places show a small benefit while others show a small increase in crime, all close to the low end of statistical significance. Other factors, however, show enormous significance and very, very strong correlation with violent crime, but no one bothers to suggest them. This is because very few people really cares about the numbers, except as a way to justify their opinions. If you're looking for a way to decrease murders and violent crime no rational person who looks at the numbers would single out guns as a likely way to effect change. So here are some new points for you to consider. Decrease crime by:

      • Instituting a 90% inheritance tax on all assets inherited by an individual that total more than 1 million dollars.
      • Decriminalize recreational drug use and stop imprisoning people for their possession, use, sale, or transport. Implement fines for unlicensed sale and transport of large quantities and license legal venues for these drugs.
      • Reduce spending on the military, police, and prison system. Increase spending on socialized health care, drug clinics, communication channels, and education

      So take a look at the numbers from other countries and tell me, do you think the above changes would have about two orders of magnitude more positive affect upon violent crime than gun control even in a best case scenario? If so, why are you arguing about gun control instead of these topics? If not, why not and what numbers are you looking at?

    95. Re:NAACP and guns by FallLine · · Score: 1

      Guns are one safeguard against a totalitarian government that will cause disproportionate pain, suffering, and death. As such they are quite possibly valuable as a strategic move.

      Several points. One, I find it unlikely that an untrained and disorganized bunch of citizens is going to stop a modern, highly trained, and highly equipped army from imposing their will. Two, if you truly believe this, then citizens should also own machines guns, tanks, high-explosives, landmines, RF communications gear, and other weapons that are an essential part of the evolution of modern conflict. Three, if civil defence is the aim, then all people should have mandatory military training. Four, civil defense does not require anyone to keep a concealed weapon on them--the weapon could be required to be stored in the house at all times (and it could be sealed and inspected).

      Instituting a 90% inheritance tax on all assets inherited by an individual that total more than 1 million dollars

      Still at this eh? Besides the reasons I've already listed for the absurdity of this idea...

      Why 1 million dollars? Why not 10 dollars? If it is "wrong" for children to benefit from most of their parents hard work, then why should the less wealthy be able to pass on so disproprionately more of their wealth?

      Why is the mid-level sales guy that makes 100K/year and saves just 5% of his income exempt for any estate tax, but the guy that goes into business for himself, that forgoes a handsome salary at a big corp, that plows most of his life savings into his business, that works his ass off every day for decades, and plows profits right back into the company, subject to an effective tax rate of 75% on a 6 million dollar business?

      Why should the IRS basically effectively require a moderately prosperous closely-held business to be sold off (especially in a near fire-sale) to pay the tax bill? Alternatively, why should the children be forced to assume great personal risk just to prevent this from happening?

      Why would a 65 year old man with a $20M networth continue to invest his money in high tech startups when he has plenty enough to support his lifestyle? The risk/reward relationship of any serious investment would no longer make sense for his loved ones--the expected return for his loved ones would be seriously negative after taxes.

      Why wouldn't a middle-aged entrepreneur whose company has reached a certain stage (well in excess of 1M) choose to sell the company? She could do it when she knows there is a ready buyer (even though that buyer is sub-optimal for the employees and for growth of the business). By divesting, she would eliminate downside risk for her children and liquidate her assets to allow her to conduct much more advantageous tax planning (e.g., gifting, trusts, etc).

      If you have you are elderly and have 10M in diversified investments, why not just pull that money out of the market and spend it on expensive yacht, if you'll only be able to transfer 10% marginally to your loved ones after you pass (the ultimate f* you to a government that is f*g you back)?

      If you're young and you're building a promising tech startup, why not gift much of your equity share to your children when it is valued at a few pennies a share? Sure, you might give up some ability to choose how much in absolute weath is transfered ultimately and limit your financial flexibility, but when and if your company makes it big at least the tax man won't get it (of course, neither will the charities you care about).

      You seem to assume that anyone that stands to inherit substantial sums of money is merely the beneficiary of pure dumb luck. Although it may have nothing to do with the heirs (not always the case though), it almost always has a lot to do with the parent working very hard and taking risks. I can tell you, from personal experience, that many rich people (I'm talking anywhere from 800M to 5M networth) continue to w

    96. Re:NAACP and guns by 7Prime · · Score: 1

      No, it's due to unusually high domestic violence cases, and a extremely high drug abuse related crimes (often of which are violent).

      --
      Multiplayer Gaming (defined): Sitting around, discussing single-player games with my friends, at the bar.
    97. Re:NAACP and guns by Anonymous Coward · · Score: 0
      We Americans stab and bludgeon each other to death more than most other nations commit total muders.

      This is an important point. The lack of the most obvious physical item does not inhibit the realization of a basic human state. In other words, taking away guns doesn't stop murders it only changes the implementation.

      In high school, during debate class as part of an academic exercise, I was assigned to defend the position that if money was removed (read dollar bills) all greed would be obliterated. I realised half way through that the argument was completely bogus. Human greed is human greed. It will not be stopped by not having money. Human greed will latch on to whatever is perceived to be valuable. It is unstoppable by simply legislating away money.

      On a similar note, the old adage "Guns don't kill people, people kill people" is absolutely true. Given the absence of a gun, a large rock, a knife, or even ones own hands will suffice. The absence of guns will never stop violent murders because it is the person's own rage and not the gun that is capable of killing.

    98. Re:NAACP and guns by 99BottlesOfBeerInMyF · · Score: 1

      One, I find it unlikely that an untrained and disorganized bunch of citizens is going to stop a modern, highly trained, and highly equipped army from imposing their will. Two, if you truly believe this, then citizens should also own machines guns, tanks, high-explosives, landmines, RF communications gear, and other weapons that are an essential part of the evolution of modern conflict. Three, if civil defence is the aim, then all people should have mandatory military training. Four, civil defense does not require anyone to keep a concealed weapon on them--the weapon could be required to be stored in the house at all times (and it could be sealed and inspected).

      One, you are obviously not a student of history. In a civil conflict, some portion of said military will be on the side of the rebels. More importantly, within a civil engagement, you only need a weapon good enough to allow you to acquire a better weapon. The French resistance in WW2 were given one shot pistols and machine guns chambered to fire a huge array of bullets, very inaccurately. They may well have changed the course of that war.

      Two, I do believe some modern weapons should be restricted in ownership, but most should be available to private citizens. That, however, is not necessary for the points I made above.

      Three, mandatory training would be of a benefit to this goal, but I'm unconvinced the benefit of that training outweighs the restriction on people's freedom to run their own lives that it would entail.

      Four, if someone knows where the weapons are, they can take them. That is why gun registration laws are so heavily opposed by the Jewish lobby. It was one of the Nazi party's first acts once they took power. Some people learn from history. More importantly, however, this is supposed to be a free country. You need to have real justification for removing freedoms, not for allowing people to keep them.

      Still at this eh? Besides the reasons I've already listed for the absurdity of this idea...

      Let's skip this issue for now. I assert that wealth disparity is the single strongest correlation with violent crime, but it is not really relevant to a discussion about what correlation gun bans have with violent crime. It was merely an example.

      Oh, wait, you don't seem to make any other points with regard to gun control or address any of the the points I made beyond this. Okay, I'll bite and address your concerns briefly.

      Why 1 million dollars? Why not 10 dollars? If it is "wrong" for children to benefit from most of their parents hard work, then why should the less wealthy be able to pass on so disproprionately more of their wealth?

      1 million dollars was a simplified example, that is why. As for it being "right" or "wrong" that is a matter of morality and is entirely subjective. The government has no place in legislating morality, only in working to the benefit of society. I think ideally it would be the most fair thing if every child was provided all the same opportunities and the same amount of money when they were born, don't you? I don't, however, think the government can properly manage such a system and attempts to do so would motivate dangerous concentration of power. The same result for society, however, can be had from not a perfectly equal situation for each child, but a roughly equal one. Moving to a system that is "more fair" while not dangerous in terms of government abuse seems sensible.

      Why is the mid-level sales guy that makes 100K/year and saves just 5% of his income exempt for any estate tax, but the guy that goes into business for himself, that forgoes a handsome salary at a big corp, that plows most of his life savings into his business, that works his ass off every day for decades, and plows profits right back into the company, subject to an effective tax rate of 75% on a 6 million dollar business?

      I'm not sure what you meant to say, but is a bit garbled. Neither of those people is taxed one cent by an inheritance tax. Their est

    99. Re:NAACP and guns by 99BottlesOfBeerInMyF · · Score: 1

      i agree completely. just the other day my handgun made it "easier and more convenient" for my kid to shoot himself.

      Thanks for helping to weed the gene pool a bit. Stupid people who leave guns lying around where their kids can get them should not be passing on their genetic material lest stupidity become a dominant trait.

    100. Re:NAACP and guns by Anonymous Coward · · Score: 0

      Has to be done ...

      Because (1) guns are not essential liberties and (2) allowing guns doesn't work. They don't. Get over it. Guns have never been shown to be causally linked to a decrease in murder or violence. If you have some formal evidence to the contrary, I'd be happy see it.

    101. Re:NAACP and guns by gfreeman · · Score: 1

      is like expecting that declaring your city a "nuclear free zone" (and I've seen the signs at some cities' limits) will protect it in case of nuclear attack.

      You have no idea why cities declared themselves "nuclear free zones", do you? So why use that argument if you have no idea what you are talking about?

      I suggest you go off and read up on why cities (and countries) declare themselves to be "nuclear free zones".

      --
      Ceci n'est pas un sig.
    102. Re:NAACP and guns by FallLine · · Score: 1

      One, you are obviously not a student of history. In a civil conflict, some portion of said military will be on the side of the rebels. More importantly, within a civil engagement, you only need a weapon good enough to allow you to acquire a better weapon. The French resistance in WW2 were given one shot pistols and machine guns chambered to fire a huge array of bullets, very inaccurately. They may well have changed the course of that war.

      To the contrary, I am a student of history and I've actually read a great deal on the resistance in occupied France (even first hand accounts). Your naive view shows that you know very little about it.

      First, you can hardly argue that the resistance stopped the occupation of France--the Germans brutally occupied the entire country and enjoyed virtually unlimited freedom of movement for most of the occupation.

      Second, the "resistance" was basically entirely ineffectual militarily speaking until they were organized by the allied spies and soliders towards the end of the war. Yes, the "resistance" helped before with intelligence and quite a few of them were shot for disobeying the Germans (and the vichy government) -- but they truly could claim almost nothing in the way of direct military victory (e.g., taking a town back, preventing it from being taken, preventing the many massacres, etc).

      Third, the resistance's military activity was almost entirely conducted in the countryside--not in the big cities. When they operated in the cities at all, they did not carry weapons because it made them obvious targets.

      Fourth, the military activities of the "resistance" were heavily and almost exclusively benefited by the allied forces (Operation Jedburg) parachuting in large amounts of guns, grenades, radios and explosives. These guns, where available, were roughly equivalent to what the German foot soldiers were carrying (Bren light machine guns, Sten submachine guns, Enfield rifles, grenades, etc). They sure as hell weren't fighting largely with shotguns and pistols and irregular weapons that would be difficult to obtain ammo for.

      Fifth, the primary military function of the resistance was to slow down and distract the Germans during the invasion (especially the invasion of normandy). They accomplished this almost entirely by knocking down trees, laying mines, collapsing bridges, blowing up train tracks, etc. In other words, they accomplished most of this with explosives and tools and not armed confrontations. Rarely did they ever overwhelm German forces with rifles or even directly take German lives with other tools. When the reistance forces engaged the Germans with arms at all it was almost always harrassing fire to distract the advancing troops and force them to engage instead of mobilizing where they were most needed (at the front). However, without the Allied Forces' thousands of troops and armor rolling across France most of this activity would have been for naught--the German forces would have inflicted far more damage and the benefits would have been negligible.

      In short, although the resistance made unique and hugely critical contributions at the end of the war (and demonstrated real courage and lost many lives), it hardly bolsters your argument for an untrained civilian populace to keep weapons on them (especially lighter weapons like handguns). If anything, it supports the argument that an un-focused, un-trained, and disorganized civilian populace without significant outside support is unlikely to make a significant military difference merely by owning the kinds of guns most American gun owners actually own.

      Two, I do believe some modern weapons should be restricted in ownership, but most should be available to private citizens. That, however, is not necessary for the points I made above.

      Three, mandatory training would be of a benefit to this goal, but I'm unconvinced the benefit of that training outweighs the restriction on peop

    103. Re:NAACP and guns by 99BottlesOfBeerInMyF · · Score: 1

      You description of the French resistance is more than a bit beside the point. It does nothing to refute the principal I presented. The Allies provided them with one shot pistols and the loosely chambered guns I mentioned were the submachine guns you reference. The point was, an armed resistance with weaponry inferior to those of the people they are fighting, can make a difference. You've basically provided zero evidence that small arms like handguns are ineffective in a civil insurrection. Until you do so, you have done nothing to support your opinion. Not that it matters as it is only one, minor point. They might be useful. There is no proof to the contrary, so lacking other reasons, why should they be banned?

      I, for one, think that the argument for civil defense is virtually worthless without training, coordination, and the ownership of military style weapons.

      Okay and your inexpert opinion without any data to back it up is a valuable one why?

      You can't just look at one rule or expectation in isolation any more than you could, say, the right to own and drive your car without the corresponding demands to follow certain rules, receive adequate training, drive a safe car, etc.

      Who argued that there should not be training and licensing requirements? This is a strawman.

      Which "jewish lobby" exactly?

      I was thinking of the JPFO and the orthodox council lobbying groups. They objected strongly to certain laws in particular since they were almost direct translations from the German. Again, this is only an interesting sidenote and not really important to the arguments at hand.

      That may be your position, but there is not much research to backup this position. If you were to argue that, say, poverty or sustained unemployment correlated strongly with violent crime, I'd tend to agree with you.

      How do you define "poverty?" Usually it is a measure of wealth disparity within a country or locality. A person below the poverty level in the US has a higher quality of living and a great deal more wealth than a fairly wealthy person in other parts of the world.

      However, I reject the assertion that, say, a nation with a real median income of 200K that is fully employed (not the case today obviously) with, say, triple the economic disparity found today (top %1 networth barrier at 50 million) would have higher crime rate all other things being equal.

      So you're arguing that employment rates correlate more strongly with violent crime levels than wealth disparity does? I've never seen any study that supported this fact and I've read several that disagree. In any case, you're creating a hypothetical that ignores the interrelation of factors. Unemployment and wealth disparity are related in our current society. Arguing that in some hypothetical situation where unknown factors changed that interrelation may be a fun intellectual exercise, but it is pretty useless for predicting the affects of a given measure on violence. The relationships are always going to be too complex for us to understand all the logical, cause and effect between these factors. Luckily it is not needed, since we can see the effect of different solutions as applied elsewhere and develop good predictions based upon the correlative data.

      Huh? This is a total non sequitur. The government can fleece ~2M dollars, but not ~1M dollars without running the risk of concentration of power?? How is it not a "moral judgement" at less than 1M and a benefit to society at more than 1M?

      The statements you make are your own, created by you entirely. I never said anything about any situation other than one example. Where you get the second monetary situation is from your own imaginings. Also, trying to view these in terms of your own morality is all you. I never said anything about the "right" or "wrong" of the situation, only about practical effects upon reducing violence. I never even claimed reducing violence was the correct or moral action.

      If

    104. Re:NAACP and guns by tdelaney · · Score: 1

      I am Australian. I'd like to bring your attention to this:
      http://www.abc.net.au/news/newsitems/200612/s18111 75.htm

      People are a lot less likely to die in knifings and beatings. The gun ban works.

    105. Re:NAACP and guns by ScentCone · · Score: 1

      People are a lot less likely to die in knifings and beatings. The gun ban works.

      It sure doesn't help the person who'd very much like to not be stabbed or beaten, and could prevent it entirely by bringing a gun into the equation. Here in the US, states that have passed more liberal possesion and right-to-carry laws have seen a dramatic drop in the rates of all such assaults, robberies, burglaries, rapes, etc. Because when someone doesn't know if the person he's about to assault may be able to kill them, less of it happens. When they know that they cannot, they take more chances, and an usually succeed with a knife.

      --
      Don't disappoint your bird dog. Go to the range.
    106. Re:NAACP and guns by 99BottlesOfBeerInMyF · · Score: 1

      People are a lot less likely to die in knifings and beatings. The gun ban works.

      Umm, both of these are your own assertions, unsupported by the article you link to. It cites a reduction in gun related crimes, which is common in areas where strict restrictions are enacted, but it mentions nothing about other types of violent crimes, like deaths via knifings and beatings, which tend to go up in number even more than gun related deaths drop when strict gun bans are enacted. Only a fool celebrates a law that tends to result in more net pain, suffering, and violence because it reduces the number of deaths using one particular instrument. If all the water in a country is poisoned and everyone dies, guess what you eliminated 100% of all gun violence there. That doesn't mean it's a good idea.

    107. Re:NAACP and guns by FallLine · · Score: 1

      You description of the French resistance is more than a bit beside the point. It does nothing to refute the principal I presented. The Allies provided them with one shot pistols and the loosely chambered guns I mentioned were the submachine guns you reference. The point was, an armed resistance with weaponry inferior to those of the people they are fighting, can make a difference. You've basically provided zero evidence that small arms like handguns are ineffective in a civil insurrection. Until you do so, you have done nothing to support your opinion. Not that it matters as it is only one, minor point. They might be useful. There is no proof to the contrary, so lacking other reasons, why should they be banned?

      The guns the Resistance were armed with were equivalent to what the German soliders had. So, no, The french resistence's use of arms (or lack thereof) does not support your argument that the guns owned by US civilians are likely to make any difference to civil defence. The Resistances' overall victory dependend very much on the overwhelming force brought to bare by the Allied invasion and on the fact that they were armed, supported, directed, and even managed (at a unit level with Allied soldier/spies on the ground) by the Allies. This is not the organic and highly successful civil defence scenario you advocate. If anything, it lends support to the argument that personally owned arms for civil defence are next to useless and that we should wait for a foreign power to airdrop them to us.

      Who argued that there should not be training and licensing requirements? This is a strawman.

      You, at least, implied as much. mandatory training would be of a benefit to this goal, but I'm unconvinced the benefit of that training outweighs the restriction on people's freedom to run their own lives that it would entail.. You are certainly not arguing for training. Without training-being-linked to gun-ownership I have a hard time swallowing the civil defence rationale at all--especially in the day of the professional army (most of the population knowing damn little about basic combat and the professionals knowing infinitely more--amongst their many other advantages)

      How do you define "poverty?" Usually it is a measure of wealth disparity within a country or locality. A person below the poverty level in the US has a higher quality of living and a great deal more wealth than a fairly wealthy person in other parts of the world.

      By "poverty" I refer to the state of lacking the means (or purchasing power) to care for oneself according to reasonable standards (e.g., eat a decent meal, live in a safe dwelling, care for their children, etc). Although some people may define poverty relative to, say, median income I do not think this is a particularly useful measure (it may be an easier one to measure, but it's not useful). We can compare poverty by accounting for inflation within the US and relative to purchasing power across the world.

      So you're arguing that employment rates correlate more strongly with violent crime levels than wealth disparity does? I've never seen any study that supported this fact and I've read several that disagree.

      You must have never studied the issue beyond your pro-gun soundbytes then because there is a mountain of evidence showing high degree of correlation: nationally, regionally, locally, and individually. It has been common knowledge by those on the front-lines (e.g., police, school adminstrators, criminologists, etc) that people that are either employed or in-school are _far_ less likely to commit crime, violent or otherwise.

      http://www.justicepolicy.org/reports/CrimeRiseBack grounder6_1606.doc

      http://i

    108. Re:NAACP and guns by 99BottlesOfBeerInMyF · · Score: 1

      The guns the Resistance were armed with were equivalent to what the German soliders had.

      For the most part, no they wore not. More importantly, they only had small arms, not larger weapons for the most part. Yet, they provided an effective part of turning the tide of the war.

      This is not the organic and highly successful civil defence scenario you advocate. If anything, it lends support to the argument that personally owned arms for civil defence are next to useless and that we should wait for a foreign power to airdrop them to us.

      You've provided no support at all for your assertion that small arms are not useful. I've shown that small arms were useful. Arguments about organization are irrelevant to that fact. You're just being contrary.

      You, at least, implied as much.

      No, I didn't.

      "mandatory training would be of a benefit to this goal, but I'm unconvinced the benefit of that training outweighs the restriction on people's freedom to run their own lives that it would entail.". You are certainly not arguing for training.

      That was in response to a comment advocating mandatory military service. It implies nothing about my opinions on a training requirement for firearm ownership.

      By "poverty" I refer to the state of lacking the means (or purchasing power) to care for oneself according to reasonable standards...

      Okay. Do you dispute that the cost of living in a region is relative to the mean income in that region? If not, you've defined poverty as directly linked to wealth disparity, and a functional subset thereof.

      We can compare poverty by accounting for inflation within the US and relative to purchasing power across the world.

      By such a comparison you either have three quarter's of the world's population living in poverty or basically no one in the US living in poverty. Both make the term pretty meaningless.

      You must have never studied the issue beyond your pro-gun soundbytes then because there is a mountain of evidence showing high degree of correlation: nationally, regionally, locally, and individually. It has been common knowledge by those on the front-lines (e.g., police, school adminstrators, criminologists, etc) that people that are either employed or in-school are _far_ less likely to commit crime, violent or otherwise...

      Congratulations, you just wasted a lot of time linking to three studies that don't dispute my previous statement. I never said there was not a correlation between violent crime levels and employment levels. I said that I've never seen a study that shows that correlation to be more strongly correlative than wealth disparity is, for a given locality. Please try reading my comment before you respond.

      Can you show me one scrap of evidence that shows a higher degree of correlation between crime and "wealth disparity" than: unemployment, lowest median-wages, or even income disparity (a distinct concept)?

      Sure. Take a look at "Inequality and Violent Crime" by Pablo Fajnzylber, Daniel Lederman, and Norman Loayza, or "Explaining Variation in Crime Victimization Across Nations and Within Nations" by Jerome Neapolitan. Unemployment correlates very strongly with violent crime, but many of the aberrations in that correlation are explained when you look instead to wealth disparity as an indicator. Neither of them alone explains all the numbers, but looking at just one correlation, it simply matches up more neatly.

      Can you explain why the violent crime rate fell by 53% between 1993 and 2004 and property crime by 50% while, at the same time, you argue wealth that disparity has been increasing (it being the "single best" measure)?

      Sure, statistical analysis is a study of trends, not individual bits of point data. You can find an exception to any probabilistic data set.

      Can you explain why we should measure "wealth", which is MUCH more complicated to actually determine (much less data) and interpret (ho

    109. Re:NAACP and guns by FallLine · · Score: 1

      For the most part, no they wore not. More importantly, they only had small arms, not larger weapons for the most part. Yet, they provided an effective part of turning the tide of the war.

      You are being disingenious and ignorant. You attempted to contradict my assertion that an untrained and under-armed populace is unlikely to stop a vastly better armed, better trained, and better organized modern military by bringing up the French Resistance. The fact is the Resistance did not "stop" the Germans in any meaningful sense. The Germans rolled over France with ease. Nor can the Resistance be claimed to have taken back much territory on their own or to have killed many German soliders (except for after they surrendered). Their sole military function was to cut off communication and slow down the Germans' redeployment for a limited duration at certain choke points during Operation Overlord. Although it may be accurate to say the Resistance in general was lightly armed, only a small proportion of those claiming to be part of the Resistance engaged in real military action, and they were armed by the Allies with weapons equivalent to what Allied soliders carried, not to mention given rudimentary training, and direction by Allied soliders/spies (the Jeds). The Allies dropped roughly 25 million pounds of weapons in 1944 to the Jeds/Resistance alone--this is not a trivial number.

      Okay. Do you dispute that the cost of living in a region is relative to the mean income in that region? If not, you've defined poverty as directly linked to wealth disparity, and a functional subset thereof.

      They are somewhat related (primarily in the sense that employers tend to adjust for inflation), but correlation is not causation. We can have greater economic disparity AND have more people above any fixed measure of poverty (real goods and services). We have this thing called the CPI that allows us to measure inflation fairly accurately. (Maybe you've heard of it?)

      What's more, we don't have many accurate measures of wealth disparity over the long term or even short term (quarter to quarter).

      Sure. Take a look at "Inequality and Violent Crime" by Pablo Fajnzylber, Daniel Lederman, and Norman Loayza, or "Explaining Variation in Crime Victimization Across Nations and Within Nations" by Jerome Neapolitan. Unemployment correlates very strongly with violent crime, but many of the aberrations in that correlation are explained when you look instead to wealth disparity as an indicator. Neither of them alone explains all the numbers, but looking at just one correlation, it simply matches up more neatly.

      All of these are focused in income inequality. You obviously do not understand the difference between income and wealth. One can easily have an income of $200K/year, but a negative networth if they spend beyond their means (I actually know some people like this).

      What's more, they are not even comparing income distribution against any of the things I mentioned, i.e., median real-incomes, absolute measures of poverty, or unemployment rates. At least one of these papers essentially contradicts yours conflated argument (wealth vs income) that income inequality itself is the cause, e.g., "Violent crime rates decrease when economic growth
      improves; however, the crime-reducing impact of the GDP growth rate is weaker when income inequality is larger.."
      . In other words, GDP growth combined in growth in income inequality still results in significant reductions in crime.

      Also note "The crime-inducing effect of inequality falls as the income level of the poor rises.". This is also a critical point. The poor are far more likely to commit crime and it is possible to raise their income while, at the same time, having greater inequality of income.

      Sure, statistical analysis is a study of trends, not individual bits of point data. You can

    110. Re:NAACP and guns by jinxidoru · · Score: 1

      The main reason for owning guns is to keep the government in line.

      I always hear this when discussing the issue of guns. I have never once in my lifetime seen any case where someone with a gun has kept the government in line. I am talking about our government of course. I've seen wackos use guns to fight the government, but never a case where someone has defended their legitimate rights with a gun.

    111. Re:NAACP and guns by jinxidoru · · Score: 1

      OK, so you're advocating expanding police forces by an order of magnitude to 'protect' everybody? Mind if I ask how you intend to pay for it?

      First of all, I never said that. Second of all, the police force is doing just fine. I have never owned a gun. I never will own a gun. I have done just fine personally. Unless you are well-trained with a gun, it is a liability not a defense. I have shot a gun before and I can't hit the broad-side of a barn. Of course, some would then argue that I should practice and become a marksman. But why? On the off chance that someone breaks into my house and I happen to be holding my gun at the time instead of having it locked in a gun-locker so my kids don't shoot themselves. No, the self-defense argument is ridiculous. Who has used a gun for self-defense? There are those, but not many. Most of my friends growing up had guns (I grew up in Montana). None of them ever used it for self-defense. One of them did shoot and kill his friend accidentally when drunk though.

  90. The right to keep and use dental floss by Anonymous Coward · · Score: 0

    So the following sentence:
    "Oral hygienists, being necessary to healthy teeth, the right of the people to keep and use dental floss, shall not be infringed."

    Should be interpreted to mean that only oral hygienists have a right to dental floss?

  91. No only allowed, sometimes required by symbolset · · Score: 2, Informative
    Regarding swords: While it's frowned upon in most places the practice is not prohibited in most of the US. On a lark one Halloween I wore a quite real, very sharp sword and carried a quite functional recurve bow with broadpoint arrows to the nightclub dressed as Robin Hood. A drunken idiot nearly made it necessary to use them so I don't recommend people doing this even for fun. It all worked out in the end though, and it wasn't illegal. It was some time ago. Most clubs won't let you in any more if your costume includes real weapons for liability reasons. I don't go to the nightclub any more anyway. Naturally at public gatherings of the Society for Creative Anachronism being without some medieval weapon would make you stand out if your role required one. Swords are sold at the convenience store nearest my home. They can be found nearly everywhere. They are quite popular as domestic ornaments.

    Regarding firearms: I recall a press report where some small towns instituted a curfew that required women to be armed when out after dark. Although prosecutions for going unarmed seem unlikely the incidence of rape in public places is somewhat diminished. This recent story is about a town with an ordinance proposed that requires a firearm in every home http://www.fox12news.com/Global/story.asp?S=543703 3 . Several towns require this. Here's an older story about one in Georgia with rather predictable results: http://tinyurl.com/yldlze . From that article:

    After the law went into effect in 1982, crime against persons plummeted 74 percent compared to 1981, and fell another 45 percent in 1983 compared to 1982. And it has stayed impressively low.

    Numerically, there are about as many firearms in America as there are Americans : http://www.netscape.com/viewstory/2006/08/16/almos t-every-american-has-a-gun/ . I recall seeing pistols, rifles and shotguns on sale in a gas station in Flagstaff, Arizona. While product placement right next to the tequila was probably inappropriate, the sight was not shocking to the locals.

    Are citizens not allowed arms in your country? Why? What could possibly be the reason for that?

    --
    Help stamp out iliturcy.
    1. Re:No only allowed, sometimes required by kryten_nl · · Score: 1

      Are citizens not allowed arms in your country? Why? What could possibly be the reason for that?
      Some categories of weaponry we are not allowed to have/import/construct/have_constructed. All others we are not allowed to "have handy" (that means any where). Now, that would mean that I could own a katana, but I would have to transport it in, for instance, a locked box. I couldn't even display it on my wall if it is possible to unsheathe it quickly.

      On the other hand carying blow while visiting a prostitute is perfectly legal. You can't have it all I guess....
      --
      For the perfect anti-Unix, write an OS that thinks it knows what you're doing better than you do and let it be wrong.
  92. Wrong. by raehl · · Score: 1

    The US Army does not have enough tanks to cover the contry. If it actually came down to it, you would not have a tank in your neighborhood, but your friendly local cop at your door. And him I can defend against.

    You'll have a 500 lb bomb dropped from 20,000 feet.

    Or a missile fired from an unmanned drone.

    1. Re:Wrong. by MagusSlurpy · · Score: 1

      So you're saying that the reason we no longer need to own guns is because they'd be futile in the attempt to defend ourselves, since the dad-blasted gummint is going to blow us off the map anyway? I think I'd rather go out fighting then passively.

      --
      My sister opened a computer store in Hawaii. She sells C shells by the seashore.
    2. Re:Wrong. by YrWrstNtmr · · Score: 1

      You'll have a 500 lb bomb dropped from 20,000 feet.
      Or a missile fired from an unmanned drone.


      You're forgetting the several million of us out here with recent military experience. Extensive, in depth knowledge of how, where and why the military does things. And how to prevent that aircraft from ever leaving the ground.

    3. Re:Wrong. by snilloc · · Score: 1
      If it really came down to another US civil war, I'm guessing that at least a third of the military would go renegade and take some cool toys with them. Not that they'd have the command and control infrastructure like the remaining military would, but it wouldn't just be a cake walk.

      The sheer size of the US - geographically and population-wise - does mean that the military would have a very hard time controlling things.

    4. Re:Wrong. by Dun+Malg · · Score: 1

      You'll have a 500 lb bomb dropped from 20,000 feet. Or a missile fired from an unmanned drone. Idiot. If it gets to the point where they're ordering the military to bomb civilian areas within the US, I guaran-fucking-tee that much of the military will switch sides. The military is not full of mindless drones. It's full of people with friends and families here. Police are a different matter. Police are indoctrinated with a adversarial relationship to the public.
      --
      If a job's not worth doing, it's not worth doing right.
    5. Re:Wrong. by raehl · · Score: 1

      Exactly my point - you don't need guns to protect you from the government, because if you really have a case where you're at civil war with the government, you'll have a good portion of the military on your side as well as access to plenty of black-market firearms.

      The handgun somebody keeps in their closet is pretty much pointless.

    6. Re:Wrong. by Anonymous Coward · · Score: 0

      The handgun somebody keeps in their closet is pretty much pointless.

      but the one I carry (when possible) isn't.

  93. BS by missing000 · · Score: 2, Insightful

    Unorganized fails the "well regulated" test. The 2nd is talking about the national guard, not the boy scouts.

    1. Re:BS by djh101010 · · Score: 2, Interesting

      Unorganized fails the "well regulated" test. The 2nd is talking about the national guard, not the boy scouts.

      How specifically do you feel that the 2nd is talking about the National Guard, when that organization didn't even exist until 140 years _after_ the constitution was written? Show your work...

      The word militia was defined at the time as any able bodied man not in the military, more or less. The word "unorganized" has a specific meaning as well, by the way. I suggest googling the term "Federalist papers", which will give you the contemporary background that you're lacking. Think of it as release notes for the Constitution (sorry, trying to bring this vaguely into slashdot territory with that one).

    2. Re:BS by Dun+Malg · · Score: 1

      Unorganized fails the "well regulated" test. You are wrong. Not being on active duty doesn't mean you can't shoot straight or march in formation. That's all "well regulated" means. Part of becoming and staying well regulated in times of peace involves being practiced and familiar with firearms. When only the government has weapons, such practice and familiarity is impossible.
      --
      If a job's not worth doing, it's not worth doing right.
    3. Re:BS by stanmann · · Score: 1

      Well regulated is a techical term, it means their weapons shoot straight. Look it up.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    4. Re:BS by TheSkyIsPurple · · Score: 2, Interesting

      > Unorganized fails the "well regulated" test

      I thought "well regulated" at the time basically meant "operating properly". Like the well regulated operation of machinery.

    5. Re:BS by DoninIN · · Score: 1

      The thing is "arms" pretty clearly meant a rifle and a tomahawk, or sword if you were rich. Everyone debates what "militia" means, but what about "arms" arms means the implements of a footsoldier, right? People often talk about all the guns in Switzerland not creating a lot of crime, but they're primarily the guns held by all the members of the countries armed forces reserve (Which I gather is almost every one) and they're long guns, not the sort of thing you can slip into a bar under your shirt. A shotgun is what you really need for home defense anyway, and a rifle if you have some space to protect or you're afraid of a riot. Handguns are for murder, long guns are for hunting and fighting wars.

    6. Re:BS by djh101010 · · Score: 1

      A shotgun is what you really need for home defense anyway, and a rifle if you have some space to protect or you're afraid of a riot. Handguns are for murder, long guns are for hunting and fighting wars.

      Ah, so many problems in so few words. A shotgun is what _I_ use for home defense, sure. However, a handgun would be easier to store in a small vault for people who that's a more appropriate choice for. And, given that in the vast majority of defensive uses of firearms, a shot is never fired, a rifle is just as effective as a deterrent.

      As to your "handguns are for murder" - that's really a stretch. I must be using all mine wrong then, because here I've been using them for target shooting, collecting, investments, study of history and engineering, and well, other aspects that no doubt you don't understand and will probably dismiss. But at the range friday, there were about a dozen people there in the 2 hours I was, and I'd say each of us averaged 100 rounds fired. So over 1000 rounds from handguns, and guess what? No murders. None. This isn't an unusual group of gun owners, this is the vast majority of us which are like this.

      I suppose your exposure is only to the criminal element using guns, or news reports of same. That's a shame because those of us who actually participate and understand what gun ownership is really about, have a lot of fun, are safer, and have recreational and investment opportunities you choose not to have. It's OK that you don't understand and make staements like "handguns are for murder", but that doesn't mean you're right, and that you should take my rights away. Don't sweat it though, the anti-gun propaganda is pervasive, and they're _very_ good liars. Just think a bit. Ignorance is just fine and understandable but I hope you're open to a discussion including actual facts?

    7. Re:BS by DoninIN · · Score: 1

      Okay. "Handguns are for murder" was a bit over the top, incecentally I've never murdered anyone with mine either. (I have 2) But eve though that statement was a bit over the top, I still believe the general idea of the post I made, the nature of the arms the "right to keep and bear arms" is talking about is the tools of home defense and implements of a standard infantryman of the day. So when cities or high crime areas try and regulate the possession and carrying of concealable weapons I don't think it follows that they are automatically infringing upon the right to bear arms. I think my right to a gun in my house, to protect my property, short or long is very different than my right to have it tucked in my coat when I'm at the supermarket, isn't it? I do also know all about collecting, owning shooting & hunting, I fired my first shot when I was probably 7 and while I'm too lazy to hunt I enjoy plinking a great deal.

    8. Re:BS by djh101010 · · Score: 1

      I still believe the general idea of the post I made, the nature of the arms the "right to keep and bear arms" is talking about is the tools of home defense and implements of a standard infantryman of the day.

      The wording is "keep and bear arms", not "keep and bear arms as long as there are no new technological developments". And the Federalist Papers make it pretty clear that the point of doing that is to prevent the government from getting too much power over the people. This document, don't forget, is about the rights of the people.

      So when cities or high crime areas try and regulate the possession and carrying of concealable weapons I don't think it follows that they are automatically infringing upon the right to bear arms. I think my right to a gun in my house, to protect my property, short or long is very different than my right to have it tucked in my coat when I'm at the supermarket, isn't it?

      Is it? The problem isn't with the gun being concealable - a good person with a gun, is only a threat to a bad person who tries to do something bad. If you're a good person, your gun makes me safer; if you're a bad person, your gun makes me less safe. The problem with legislation, is that by definition, the bad guys don't follow the laws (that's because they're bad guys). So a disparity is created where the criminal is armed, and _knows_ that his potential victim is safe to attack.

      In every state that has passed concealed carry laws, the violent person-on-person crime rate has gone down. Without exception. Criminals aren't stupid, they know what is and isn't safe. This improvement couldn't happen without concealable guns; the "maybe he is, maybe he isn't" factor is strong in deterrence. So really, the 2nd is about defense against the government, and CCW is about defense against individual criminals. The same dynamics are involved though - if (bad thing) thinks they can get away with it, they will try.

  94. Second ammendment by zoomshorts · · Score: 1

    "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." SHALL NOT reads just like a commandment. I see no need for interpretation. Any idiot knows a milita is made up of
    INDIVIDUALS, not people in an organized 'army'. Harrumph.

  95. it doesn't matter where the commas are. by steak · · Score: 1
    I often hear people argue about the placement commas in the second amendment and to it seems irrelevant to whether or not indivuals are allowed to own firearms. the ratified version reads.

    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. to me the only part that matters is "the right of the People to keep and bear arms". if the people have a right then it is implicit that it shouldn't be infringed upon, otherwise why would one be writing a bill of rights.
  96. Good statement by KKlaus · · Score: 1

    I appreciate the idea of guns as a power equalizer. George Orwell described them as inherently democratic, as they give "claws to the weak." Comes from his essay You and the Atomic Bomb. A very interesting read fwiw, particularly (although this is somewhat OT) because you can see him developing the ideas that become 1984. Cheers.

    --
    Relax I just want some peanuts.
  97. The Founding Father's Brilliance. by JohnnyOpcode · · Score: 1

    Human history is repleat with tyranny, and it will be always so. The physically strong will always threaten the physically weak (caveman days). The intellectually clever, will always threaten the common people (nowadays). Arms (sword, gun, light sabre) are mere instruments of equalization, no different than speech (free) or the right to vote (non-electronically of course). Individuals (the people) must have recourse to equalize and maintain against tyranny. Crime is symptomatic with the forces of tyranny. Criminals are essentially persons who have (had to) compromise their true humanity. Tyrants and crimnals all grow from the same basic human defect, enlightenment will help but this is the burden of humanity as we evolve forward to greatness. If the day comes where one can no longer defend themselves, their family, their country, then humanity is lost and we will be led by the smarter cows to the slaughter.

  98. What really angers me.... by raehl · · Score: 5, Insightful

    What really angers me about the 'need firearms to protect us from the government' people is that they don't understand what they are really saying. "We need guns so the government doesn't take away our rights" they say.

    That's saying that you don't have to comply with the will over the democratically elected government. It's saying that if you don't like the law, yu're going to become a terrorist. That you would rather just become a terrorist than elect people who are going to protect your rights in the first place.

    The people who scream bloody murder about the government taking away the guns they need to protect their rights from the government tend to the VERY SAME PEOPLE who ELECT OFFICIALS WHO TAKE AWAY YOUR RIGHTS!

    How many times have you heard someone say "We need guns to protect our rights!" and then say "If you've got nothing to hide, you've got nothing to fear!"

    How about instead of letting people say "Elect me, and I won't take away your guns!", you elect people who say "Elect me, and I'll repeal the Patriot Act!"

    People who argue that they need guns to protect their rights from the government are just gun nuts. The 'protect us from the government' argument is a red herring. If their RIGHTS were really what is important to them, they'd vote for people who wanted to protect their rights instead of people who wanted to protect their guns.

    But that's not what happens. Search you without a warrant? Listen in to your phone calls? Arrest and detain you, even if you're a US citizen, without access to courts or a lawyer? Torture people? Sure, we'll reelect that guy, as long as he promises we can keep our guns!

    Using the right to bear arms to protect your rights is useless if you're willing to trade away all your other rights just to keep your gun. Then what are you protecting?

    1. Re:What really angers me.... by DarkSarin · · Score: 1

      Show me a politician that is really about not taking away rights, and I'll gladly vote for them.

      We need less laws, not more.

      We need more private citizens involved, not less.

      Neither seems to be happening.

      --
      "We don't know what we are doing, but we are doing it very carefully,..." Wherry, R.J. Personnel Psychology (1995)
    2. Re:What really angers me.... by hey! · · Score: 1

      That's saying that you don't have to comply with the will over the democratically elected government


      I'm going to recommend a bit of reading that you can get off of Project Gutenberg: Lord Macaulay's Hisory of England.

      You cannot understand this issue at all unless you've done some reading on the English Civil War.

      Notice how the Republicans and Democrats tend to absorb each other's obsessions? It's been goign on forever. The American revolutionaries were generally of a Whiggish persuasion; however Whigs and Tories had to some degree absorbed each others' preoccupations. The founders were quite aware that it is not only kings that exceed their Constitutional authority, but parliaments as well.
      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    3. Re:What really angers me.... by urbanradar · · Score: 1

      Not to mention the fact that a couple of guys with handguns wouldn't be able to do much against the system in the US nowadays. You'd need thousands and thousands of people willing to violently rise up against their government. And if you ever do get to that point, you're beyond the point of caring about gun control laws. Indeed, the entire "I need to protect my rights" argument doesn't make any sense at all.

    4. Re:What really angers me.... by KKlaus · · Score: 1
      I can't of course speak for everyone, but everyone I know that is pro-gun (and I mean that in a lifestyle sense, not in an armchair opinion sense), actually has a quite good understanding of their rights and does not think erosion of things like the fourth ammendment is acceptable. You say, for instance:
      How many times have you heard someone say "We need guns to protect our rights!" and then say "If you've got nothing to hide, you've got nothing to fear!"

      I can't help but ask, how many times have you heard someone say that? And I mean in real life not in some dishonest TV setting. Is the answer none? I know 3 people with CCWs (not including myself) and not one of us would say that. Since thats annecdotal, let me also point out a basic flaw in your logic.

      That's saying that you don't have to comply with the will over the democratically elected government. It's saying that if you don't like the law, yu're going to become a terrorist. That you would rather just become a terrorist than elect people who are going to protect your rights in the first place.

      In fact, that's exactly what people are saying. If you don't think it is, I don't know what you think is going on when poeple talk about the dangers of tyranny represented by bad government decisions (mass wiretapping for instance). Just because someone or something was voted for does not mean it is for the benefit of liberty (think Hitler being voted for, etc). That said, ok, so according to you we have a group of people willing to plant IEDs to stop government encroachment on their rights. Yet you then say that these people are the first to trade in their rights. You can't dock them on both counts.

      In fairness though, because I'm sure you mean well, here is your problem:

      People who argue that they need guns to protect their rights from the government are just gun nuts.

      You're equating a bunch of bush voting rednecks with the body of pro-gun citizens. Worse, you call them nuts, which is a great way to descredit someone without having to rely to heavily on an argument. Its a tactic better suited to Fox News, and you shouldn't use it. Plenty of people (it would be dishonest of me to pretend I know the actuall amount of course, but from my experience it seems like a majority) that believe in the original purpose of the second ammendment (aside from shooting indians) have a deep appreciation for the rest of the bill of rights.

      And no, its not about an all out war against the choppers and tanks of the military, its about remembering that a declawed citizenry will tend to act like sheep over time as their mentality changes to one of assumed powerlessness.

      Cheers.

      --
      Relax I just want some peanuts.
    5. Re:What really angers me.... by xstonedogx · · Score: 4, Insightful
      That's saying that you don't have to comply with the will over the democratically elected government.


      No, that's like saying you don't have to comply with the will of a tyrannical government (democratic or otherwise). It is because these people recognize individual sovereignty and know that the government has no natural sovereignty or power.

      It's saying that if you don't like the law, yu're going to become a terrorist. That you would rather just become a terrorist than elect people who are going to protect your rights in the first place.


      No, it's like saying if someone is going to tread on you, you're going to defend yourself. You do realize the difference between attacking civilian targets to influence policy and defending yourself against agents of a tyrannical government, right? For instance, right or wrong, crazy or sane, the Montana Freemen were not terrorists.

      The people who scream bloody murder about the government taking away the guns they need to protect their rights from the government tend to the VERY SAME PEOPLE who ELECT OFFICIALS WHO TAKE AWAY YOUR RIGHTS!


      Please show me an elected official who hasn't increased government power at the expense of our rights. Since many people vote on a host of issues and often feel dis-empowered to vote for someone who truly represents them (perhaps a third party) your argument isn't particularly compelling. In fact, if anything, it supports the idea that we need our guns to keep our rights.

      How many times have you heard someone say "We need guns to protect our rights!" and then say "If you've got nothing to hide, you've got nothing to fear!"


      From my mouth? Never. Please don't conflate the small, but voracious neo-con movement with true conservatism as it relates to the power of the government.

      How about instead of letting people say "Elect me, and I won't take away your guns!", you elect people who say "Elect me, and I'll repeal the Patriot Act!"


      The guy I voted for said both. In fact, that's why he got my vote.

      Your position simply makes no sense to me. You seem to be frightened of ignorant mobs but perfectly willing to let those mobs take away your gun before they tear you apart. I completely agree that people should vote out the people who fail to preserve our rights (and have an integral position). I share your anger at those who would take away our rights or empower the same. However, I fail to see why we should give away yet another right just because we've failed to protect others.
    6. Re:What really angers me.... by Entropy · · Score: 1

      That's saying that you don't have to comply with the will over the democratically elected government. What precisely is so damn sacrosanct about the ever gloriuous "will of the majority" that sets this up as supposed to be unquestionable?

      Many terrible things in history (as well as today) have occured due to the will of the majority.

      If 50% +1 of the people says that YOU are to be raped, tortured, and enslaved .. does the fact that it's a democratic process make it all okay somehow?
      --
      The sea changes color, but the sea does not change.
    7. Re:What really angers me.... by ductonius · · Score: 2, Insightful

      That's saying that you don't have to comply with the will over the democratically elected government.

      No, you don't if that government is tyrannous. When the machinery of government turns against the voter, the voter has a moral obligation to his fellow citizens to turn against the government. If you have even the faintest knowledge of history you know of at least one tyrannical dictatorship that was voted into power. (which then proceeded to disarm the populace. I wonder why?)

      It's saying that if you don't like the law, yu're going to become a terrorist.

      Because we know there's no middle ground on the continuum of "model citizen ----> terrorist".

      That you would rather just become a terrorist than elect people who are going to protect your rights in the first place.

      You're ignoring that democracy doesn't work perfectly all the time. Voters are not perfectly informed. Candidates are not perfectly honest. If someone gets elected on an 'rights' platform and then turns around and does the exact opposite who's at fault? Not the voters.

      Voters need a means by which gross miscarriages of democracy can be corrected, a means by which they can ultimately hold control over the country. That means is guns. The scarrier and more powerful the better.

      How many times have you heard someone say "We need guns to protect our rights!" and then say "If you've got nothing to hide, you've got nothing to fear!"

      The only time I've heard people say that is in sarcasm when they're trying to characterize thier opponents as ignorant.

      Truly, the people who want to keep their guns for protection against the government are the same people who want to keep the government from being able to find out about their guns.

      How about instead of letting people say "Elect me, and I won't take away your guns!", you elect people who say "Elect me, and I'll repeal the Patriot Act!"

      And if there was a politician who said both of those they'd win in the largest landslide victory ever. However, from what I've seen of US politics, it tends to be either one or the other.

      The logic of voting for the pro-gun candidate is that while repealing the patriot act wont protect anyone from future threats to democracy, keeping guns around will. Furthermore, if the patriot act is used tyrannically, guns can protect the voter from that too. The pro-gun voter is maximizing his options.

      If their RIGHTS were really what is important to them, they'd vote for people who wanted to protect their rights instead of people who wanted to protect their guns.

      One's guns protect one's rights. They are protecting thier rights.

      But that's not what happens. Search you without a warrant? Listen in to your phone calls? Arrest and detain you, even if you're a US citizen, without access to courts or a lawyer? Torture people?

      Do you actually think you weren't already subject to all of those?

      Every government does as it please to a certain extent. If the government wanted to search your house they'd do it. (Where the hell is the Watergate Hotel, anyway?) If the US didn't want to listen to all of your overseas/domestic phone calls they'd ask Canada to do it for them (as a non-Canadian we can do this to you, and vice versa).

      Do you think the CIA's Cold-War-holdover detention centers in Europe were created recently?

      Don't be so naive. Many of the powers GWB is exercising were created by other presidents so they could do what they wanted. And they did. You lived, perfectly happily, through all those administrations because in reality, they didn't care who you were, what you did, where you went, who you screwed or what you said. They held no malice toward you.

      Guns are necessary for the day when a president *does* hold malice toward the US population.

    8. Re:What really angers me.... by Urza9814 · · Score: 2, Insightful

      What really angers me about the 'need firearms to protect us from the government' people is that they don't understand what they are really saying. "We need guns so the government doesn't take away our rights" they say.

      That's saying that you don't have to comply with the will over the democratically elected government. It's saying that if you don't like the law, yu're going to become a terrorist. That you would rather just become a terrorist than elect people who are going to protect your rights in the first place.


      Germans elected Hitler. One of the first things he did was take guns away from the jews and others he didn't like. Aside from which, just because someone's elected doesn't mean you voted for them or approve of them. If the rest of the country goes insane, it doesn't automatically mean I am too.

      The people who scream bloody murder about the government taking away the guns they need to protect their rights from the government tend to the VERY SAME PEOPLE who ELECT OFFICIALS WHO TAKE AWAY YOUR RIGHTS!

      I'm not. You can't say I elected an official who is taking away our rights, Sure, ANY official you elect will take away some rights, but I already am lacking the right to vote, so there's not much I can do about that. Either way, I've heard many a gun nut say that they won't vote because it's simply giving that person the ability to take away your rights. While I don't agree with that, I see their point.

      How many times have you heard someone say "We need guns to protect our rights!" and then say "If you've got nothing to hide, you've got nothing to fear!"

      Never.

      How about instead of letting people say "Elect me, and I won't take away your guns!", you elect people who say "Elect me, and I'll repeal the Patriot Act!"

      As I've already stated, they haven't yet given me the right to vote. And yes, I'm a citizen.

      People who argue that they need guns to protect their rights from the government are just gun nuts. The 'protect us from the government' argument is a red herring. If their RIGHTS were really what is important to them, they'd vote for people who wanted to protect their rights instead of people who wanted to protect their guns.

      We can't all vote, and the person we vote for isn't always elected. It is possible, and has happened, that the people the majority vote for is not the person who is elected.

      But that's not what happens. Search you without a warrant? Listen in to your phone calls? Arrest and detain you, even if you're a US citizen, without access to courts or a lawyer? Torture people? Sure, we'll reelect that guy, as long as he promises we can keep our guns!

      Using the right to bear arms to protect your rights is useless if you're willing to trade away all your other rights just to keep your gun. Then what are you protecting?


      You're making generalizations saying that all gun nuts are republicans. Quite a few of us are libertarians. Aside from which, 49% of America didn't vote for Bush. 49% of us are getting screwed by someone we didn't want. And what happens when someone breaks all their campaign promises? There is absolutely no guarantee that the guy you elect will do what you want.

    9. Re:What really angers me.... by ScentCone · · Score: 1

      If 50% +1 of the people says that YOU are to be raped, tortured, and enslaved .. does the fact that it's a democratic process make it all okay somehow?

      Oh, sure, get all reasonable 'n' stuff.

      Of course, what you've just said explains exactly why we're a republic, and not a simple democracy. Founding Fathers: smart cookies.

      --
      Don't disappoint your bird dog. Go to the range.
    10. Re:What really angers me.... by Anonymous Coward · · Score: 0

      How many times have you heard someone say "We need guns to protect our rights!" and then say "If you've got nothing to hide, you've got nothing to fear!"

      Is your argument that a lot of people say contradictory things? I'm not sure what kind of argument that is. Kinda like arguing the sky is blue.

      If their RIGHTS were really what is important to them, they'd vote for people who wanted to protect their rights instead of people who wanted to protect their guns.

      Again I'm not seeing what your argument is. Because you think that only rednecks like guns therefore guns are bad because these people are stupid?

      Why can't we have gun rights and individual rights? The two go hand in hand.

    11. Re:What really angers me.... by Logic+and+Reason · · Score: 1
      People who argue that they need guns to protect their rights from the government are just gun nuts. The 'protect us from the government' argument is a red herring. If their RIGHTS were really what is important to them, they'd vote for people who wanted to protect their rights instead of people who wanted to protect their guns.
      And what do you do when your government turns into a tyranny? When you no longer have a vote? If the citizens have all given up their guns while they still trusted the government, can they just ask politely to have them back so they can stage a rebellion?

      Your arguments are full of the worst sorts of logical fallacies (false dilemmas, straw men, ad hominems-- it's like a textbook example of how not to argue). I'd write you off as a troll, but even if you are, there are unfortunately many people who think like you. Keep your blinders on if you wish, but I and those like me will do our damndest to keep you from throwing away the last of the freedoms that made this country worth fighting for.
    12. Re:What really angers me.... by Astro+Dr+Dave · · Score: 1
      Normally I have a great respect for the /. moderation system, but ranking the parent as +5 insightful? Ridiculous.

      What really angers me about the 'need firearms to protect us from the government' people is that they don't understand what they are really saying. "We need guns so the government doesn't take away our rights" they say. That's saying that you don't have to comply with the will over the democratically elected government. It's saying that if you don't like the law, yu're going to become a terrorist.
      Not at all. You are ignoring the fact that our "democratically elected government" (Ahem, *cough*Florida-2000*cough*) can, and often does break the law . And no law is allowed which violates the rights of the people (constitutional or inalienable).

      People who argue that they need guns to protect their rights from the government are just gun nuts. The 'protect us from the government' argument is a red herring. If their RIGHTS were really what is important to them, they'd vote for people who wanted to protect their rights instead of people who wanted to protect their guns.
      A politician who wants to protect the people's rights (if such a creature exists) would protect the people's firearm rights as well. You write as if the two concepts are naturally exclusive, but they aren't.

      I'm generally pretty liberal, politically. I'm for gay rights (or secular humanism in general), environmentalism, against abortion in general but still pro-choice, pro-rule of law, anti-Iraq war, very anti-neocon and anti-Bush. And as a liberal, I support the individual's rights to own firearms via a liberal (i.e. broad-minded, tolerant, anti-autoritarian) interpretations of the 2nd amendment.

      And I'm not a gun nut... in my 34 years on this earth, I've only owned a gun for the past week, and then only because I live in a small town with a higher violent crime rate than LA, NYC, Phoenix, or Chicago.
    13. Re:What really angers me.... by b0s0z0ku · · Score: 1
      That's saying that you don't have to comply with the will over the democratically elected government. It's saying that if you don't like the law, yu're going to become a terrorist. That you would rather just become a terrorist than elect people who are going to protect your rights in the first place.

      If a democratically-elected government chooses to violate the Constitution, even with the will of the majority of the People, it is the job of those who care to fight this. First in court. Then with a gun if needed. The whole purpose of the Constitution was to prevent the government, whether democratically elected or not, from trampling upon the rights of the citizenry.

      -b.

    14. Re:What really angers me.... by dxlts · · Score: 1
      What really angers me about the 'need firearms to protect us from the government' people is that they don't understand what they are really saying.

      It's not that they don't understand what they are saying. You don't (really) understand what they're saying. Case in Point:

      That's saying that you don't have to comply with the will over the democratically elected government. It's saying that if you don't like the law, yu're going to become a terrorist.

      What??? I've never heard any gun rights advocates say it's okay to just disobey laws you don't agree with, except for a few fringe wackos.

      As for the "gun nuts" being the same people who elected Bush...well yes and no. Certainly, there are quite a few hard-core Republicans in this country who vote for people like Bush, not realizing that he's a bigger threat to freedom than Gore or Kerry.

      However, there are two things to note about this.

      Firstly, "gun rights advocates" is not synonymous with "Bush voters". Not everyone that you disagree with is stupid, you know. I for one am both a gun owner and a Bush-hater, and there are MANY like me.

      Secondly, even with regard to gun owners who did vote for Bush, you shouldn't interpret their myopia as an explicit show of support for the Patriot Act, etc. To suggest that gun rights advocates don't really care about rights because some of them voted for Bush is asinine.

    15. Re:What really angers me.... by snarkth · · Score: 1

      A very small group of people with boxcutters managed to do pretty well against the "system" a while back.

      snarkth

    16. Re:What really angers me.... by Anonymous Coward · · Score: 0
      How many times have you heard someone say "We need guns to protect our rights!" and then say "If you've got nothing to hide, you've got nothing to fear!"

      I have never, ever, heard that. Those who say the first are far more likely to follow the second (usually said by someone else, like a jackbooted cop) with something like, "Stop playing childish head games with me. I have nothing to hide and I'll blow your fucking head to hell if you try to deprive me of my constitutional right to be free from unreasonable search and seizure."

    17. Re:What really angers me.... by Anonymous Coward · · Score: 0
      That's saying that you don't have to comply with the will over the democratically elected government. It's saying that if you don't like the law, yu're going to become a terrorist. That you would rather just become a terrorist than elect people who are going to protect your rights in the first place.

      You rabid lunatic -- you're so fucking far over the top that we'll never see you again. You take one little statement, warp it beyond recognition and run like hell with it. Instead of putting all the silly words in someone else's mouth, shove them up your ass. With the sharp edges pointing out.

    18. Re:What really angers me.... by Fjandr · · Score: 1

      That's saying that you don't have to comply with the will over the democratically elected government. It's saying that if you don't like the law, yu're going to become a terrorist. That you would rather just become a terrorist than elect people who are going to protect your rights in the first place.

      The founders of the US were considered terrorists by their government (Britain) for doing exactly this.

      Despite the US's vaunted "democracy (called such only by the historically illiterate)," ordinary people have no more hope of changing their government today than the founding fathers did of changing the British government in their day.

      You can't vote for a candidate who will protect your rights, because all the major party candidates want to infringe on some portion of your rights. There are too many people who want what one side or the other is selling (always at someone else's expense) to allow positive change, leaving those who want real rights protection out in the cold.

    19. Re:What really angers me.... by BruceCage · · Score: 1
      Voters need a means by which gross miscarriages of democracy can be corrected, a means by which they can ultimately hold control over the country. That means is guns. The scarrier and more powerful the better.

      You know what scares me more than the chance of my government turning into a tyrannical one, it's people that share your sentiments.
      --
      Perfect is the enemy of done.
    20. Re:What really angers me.... by ductonius · · Score: 1
      You know what scares me more than the chance of my government turning into a tyrannical one, it's people that share your sentiments.


      For your sake I sincerely hope your country's politicians are every bit as much afraid as you are.
    21. Re:What really angers me.... by gambet1234 · · Score: 1

      "
      How about instead of letting people say "Elect me, and I won't take away your guns!", you elect people who say "Elect me, and I'll repeal the Patriot Act!"
      "

      WOW... I Mean, WOW!!!! You should start the Repeal party. I'd vote for you :) Nobody could run on that basis. It would be nice if they could, don't get me wrong, but it would never make it through our two party, media controlled system. We vote for who we're told to vote for. What country do you live in?!?!

      --
      When an officer of the law breaks the law they are no longer acting as an officer of the law and need to be dealt with a
  99. Re:Constitutional rghts are not granted -- AT ALL! by Purity+Of+Essence · · Score: 1

    Rights are guaranteed, not granted. There is a major fundamental difference between the two concepts that far too many people don't get. The Bill of Rights is not a gift or a privilege. It protection mechanism that enforces limitations on the power of the government in order to protect the citizenry from those in power.

    --
    +0 Meh
  100. Gun training & provisions by zoftie · · Score: 1

    There should be mandatory gun training and licencing, such way possibly misusers can be rated as such at earlier ages. Education of gun use, storage and respect would make for less accidents related to shooting. Respect, care and understanding of guns, I think should bring the amount of gun related violence. At least so I think. Often people who don't respect the car and road, do get in more accidents then those who don't(poor mans argument of analogy, sorry). Since 2nd amendment is so essential, in schools it should not be glossed over but rather taught and excersized like a freedom of speech. In controlled environment of course. In the end it will make country stronger. I am not in any way affiliated with gun industry, just a nerd north of the border. Constitution of the USA should be practiced and engrained into youngsters in every way possible, besides writing bullshit essays, why america is great. Since constitution is what made america great. Capitalism also, as white men relxed their control of such in post colonial times, but secondary to constitution.

    1. Re:Gun training & provisions by Lord+Kano · · Score: 1, Insightful

      There should be mandatory gun training and licencing, such way possibly misusers can be rated as such at earlier ages.

      Then, like with the Marijuana tax act, the government only needs to stop giving the classes to do away with the right.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  101. RPGs account for more causalties than AKs by SaberTaylor · · Score: 2, Interesting

    "another lesson of this war is that the era of the automatic rifle as basic small arm may be ending." - the "War Nerd".

    I think that if intelligent unmanned drones become prevalent (currently drones require a large operations staff), we will finally run in to the issue of reducing the number of autonomous moral agents. If the second amendment is no longer effective due to the asymmetry of modern military versus individuals, then the remaining key is autonomous morality.

    --
    If you need text styles to communicate then you don't have a message.
  102. Guns guns guns by PenGun · · Score: 4, Insightful

    I guess if you live where everybody is crazy and armed you would need a gun. I give thanks I do not live in such a place.

        PenGun
      The Peace Arch ... That's where South America starts

    1. Re: Guns guns guns by geekoid · · Score: 1

      wow, where do you live that has no violent crime at all?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re: Guns guns guns by mrcparker · · Score: 1

      His sig said something about South America. Maybe that is the place with no violent crime.

    3. Re: Guns guns guns by rawtatoor · · Score: 1

      Maybe you made this comment in jest, after all you actually have the word gun in your username and you link to a site called carnagepro.

      But going by the moderation which calls you insightful, I'd like to disagree. I suggest you read a little history, and discover the atrocities that man will do to man with no provocation, just a little greed. The greed for wealth and control. You realize that at this moment over 20 armed conflicts are happening in this world because of that greed? And this happens over and over, because people have nothing to be afraid of, no reason to defend themselves, until people start hacking their families to bits with machetes, or someone starts kidnapping people to be sold as slaves.

      You might not have been serious, but this is no joking matter to me. My trust lies with no man other than me. This comes from actually experiencing warfare first hand, and studying history. It may be cynical, but it is realistic.

    4. Re: Guns guns guns by PenGun · · Score: 1

      It's kinda old but I'll answer:

        I live in a part of BC where the bikers kind of own this town. Now it's small and it's where we all live. There are long guns all over the place, 30 06s mostly but they are tools. If we disagree it's kinda a UFC thing here, noone even thinks of getting a cannon, that's for cowards in this part of the world.

        Now there is the odd murder, two in 12 years but pro killers give you no chance and a gun would not have helped either of those guys.

        We are pretty civilized in the bush here. I really feel no need to aquire my cannon of choice, a 1911A, full size thank you. I am good with one. I sure would not want to live in your country where I would probably need one.

  103. Guns Were Invented to Kill Things by Anonymous Coward · · Score: 0

    I don't know how you can make the argument that guns are not for killing. Do you also think of swords, rocket launchers, and nuclear bombs that way?

    Guns were not invented for protection (and they provide exactly zero). If someone hits you in the back of the head with a rock you're just as dead with a gun in your hand.

    I'm sure you're carrying your gun you feel safer, and I suppose that's something. But the gun doesn't do anything to protect you and I can't decide if the fact that you think it does do makes you foolish or dangerous.

    1. Re:Guns Were Invented to Kill Things by Reality+Master+101 · · Score: 1

      But the gun doesn't do anything to protect you and I can't decide if the fact that you think it does do makes you foolish or dangerous.

      That's just silly. Here's an experiment for you: walk down a dark street in a dangerous part of time after dark, totally unarmed. Now walk down that same street, waving a gun in your hand.

      I think there's a wee bit of difference in the danger level between those two scenerios. And bizarrely -- the gun protected you without it even having to be fired!

      See also: Nuclear Weapon Strategy.

      --
      Sometimes it's best to just let stupid people be stupid.
  104. Michael Jefferson says by racebit · · Score: 1

    "No, that's ignorant! You're being ignorant!"

  105. access to automatic weaponry by nurb432 · · Score: 1

    Speak for yourself. And even if you dont own any currently, its rather simple to produce them in your garage.

    Anyone who claim we dont have the right, is wrong. its in black and white.

    --
    ---- Booth was a patriot ----
  106. Quite a shock in April by sweatyboatman · · Score: 1

    and you think taxes are high now?

    --
    It breaks my pluginses, my precious!
  107. Here we go again by Ranger · · Score: 1

    Yeah, yeah, yeah, we've heard it all before. Maybe this is something that belongs on the semantic web.

    It doesn't matter what any lawyers or anti-gun nuts argue, there will always be a hardcore group that says "You can have my gun when you pry it from my cold dead hands." Just make sure you aren't caught in the crossfire when that day comes.

    --
    "You'll get nothing, and you'll like it!"
  108. Only One Question... by E++99 · · Score: 1

    Where are all the liberal slashdotters who only know one quote (which they misquote, and most likely misattribute), namely,
    "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."
    It was the Motto printed on the front of a propaganda book Ben Franklin published, but did not write. (Story, and picture here: http://www.futureofthebook.com/stories/storyReader $605)

    The purpose of the book was to convince the king to give the colonists money to buy guns for the Indian tribes allied with them. (The French were arming the Indian tribes allied to them, the bastards ;-)

  109. Let's also not forget... by AdmiralAudio · · Score: 1

    that most of law enforcement is in support of the 2nd amendment (or at least we assume). I would expect a good portion of them to refuse to carry out such an action.

  110. finally a correct reading of the second ammendment by iwbcman · · Score: 0, Troll

    But unfortunately correcting our reading of the second amendment will only go part of the way towards solving the problems. America has a love aware with violence-as a society we simply cannot get enough of it. The only thing americans love more than violence is living in a perpetual state of fear-which feeds directly into the violence. American culture glorifies violence to the point of no return-being beaten and beating others is practically a coming of age ritual. Paradoxically it is not the same people who legally own guns who actively perpetuate this fear and who so greatly value violence. Most legal gun owners are good upstanding citizens. Yet their possession of guns leads directly to the atmosphere of fear and violence. There are probably as many guns in circulation in America now as there are phones. Guns form an ubiquitous presence in American society-they permeate the social fabric, which itself is constantly being torn at and ripped asunder by the unrelenting gun violence. America as a culture and as a nation are simply not mature enough to be entrusted with guns. The frequency of gun related violence in America shows this to be true time and time again.

    I know plenty of people who own guns. Of those people I can neither ascribe violence nor violent acts of intimidation using those guns. Why this disjunction-this apparent contradiction-because these people belong to a minority of Americans for whom violence is not a common sense approach to solving problems and disagreements. As much as I long for gun free society however- the reality is - as long as violence belongs to our collective common sense -not only in the sense of using violence to achieve an end, but also expecting violence as a reaction to certain behaviors- we will remain a society which defines itself in terms of it's own self-violence.

    Now I know that many, many Americans would feel that their god-given right to own guns would be violated if it were to come to pass that the legislation in place corresponded to a more correct reading of the second amendment. But I feel the violence involved in cleansing our nation of guns, however painful that may be for those whose sense of entitlement would be hurt, still remains a violence much more minor than the never ending wave of gun related violence in American society. Violence still defines the experience of a large part of our society. Gun violence, of which most is domestic, plays a crucial role in the culture of violence in our society-at the same time the cultural products of America worship this same violence- we pay homage to this culture when we purchase the films and music which glorify it. Our fathers teach the value of violence to our sons, as men do to their woman, as children do to each other in our public school system. Many Americans can probably rightfully not identify themselves with the picture I paint here-but I suspect that a larger group of Americans will be able to identify themselves with such a picture as those who identify themselves as living in a civilized society of non-violence.

  111. MOD PARENT UP by Anonymous Coward · · Score: 0

    People keep asking "Who's doing this?" "How's this happening?" etc... And the parent gives the answer. Look around you, and, in some cases, look at yourself.

  112. Federalist Noah Webster wrote by outz · · Score: 2, Insightful

    "A people can never be deprived of their liberties, while they retain in their own hands, a power sufficient to any other power in the state."

    --
    What was your username again? -BOFH
    1. Re:Federalist Noah Webster wrote by prshaw · · Score: 1

      Does that mean I get tanks and nukes? The two things I want most for Christmas.

    2. Re:Federalist Noah Webster wrote by eglamkowski · · Score: 1

      You can buy tanks, but only after they've been de-militarized (i.e. had the weapons systems removed). I remember some years ago a radio DJ talking about some guy in California who owned 5 Sherman tanks.

      --
      Government IS the problem.
    3. Re:Federalist Noah Webster wrote by cprael · · Score: 1

      Who, Jacques? Lots more than that. He's basically got his own private (historical) armored brigade, aka museum collection. Inc. 2 Scuds (an -A and a -B). Almost all demilitarized, but a surprising amount restored to _very_ good condition.

  113. Re:Then why include "ONLINE"? by thc69 · · Score: 1

    I too have always read it as "Your Rights Online", or slightly reworded, "Your Online Rights" -- the rights you have regarding the internet, not any random rights as discussed on the internet. Indeed, why include "online"? It would just be "Your Rights" if it was about any kind of rights.

    If it was about rights in general, it would remind me of people who google for "tv listings web site" rather than "tv listings", or call information and ask for "phone number for Joe Schmoe".

    --
    Procrastination -- because good things come to those who wait.
  114. Another example by AdmiralAudio · · Score: 1

    Mandatory gun laws have also been used in Kennesaw, GA. Crime plummeted after almost everyone was required to keep a gun in their home.

  115. Be careful with your generalizations by symbolset · · Score: 1
    Some Second Amendment advocates favor strict definition of the term "arms". Webster's dictionary from 1828: http://65.66.134.201/cgi-bin/webster/webster.exe?s earch_for_texts_web1828=arms
    4. In law, arms are any thing which a man takes in his hand in anger, to strike or assault another.
    While liberals often trot out the nuclear weapon strawman when discussing the second amendment, it can be argued that the occurrence of misuse of real military weaponry among the people is exceedingly rare. Nobody ever robs a 7-11 with a real cannon. Prohibiting the ownership of real arms serves no social purpose.

    Yes, the real weapons you list and many you didn't are legally owned by a considerable number of Americans, and they don't run around abusing them.

    --
    Help stamp out iliturcy.
  116. Jail Time. by crhylove · · Score: 2, Interesting

    I have two serious questions:

    Why are all these people trying to shred the constitution of it's power NOT BEHIND BARS?!

    Why are they not at least ON TRIAL?

    What the hell is the matter with this country anymore?

    rhY

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
  117. Re:Constitutional rghts are not granted -- AT ALL! by hey! · · Score: 1

    Well, "recognized" would be better than either "granted" or "guaranteed".

    The problem with "guranteed" is that the way rights are put in the Constitution doesn't guarantee that right; it only restricts the government from acting in a way that infringes the right. In that sense it more resembles a grant with respect to the scope of government action. In a few cases, the rights under the Bill of Rights are grants, for example the right against self-incrimination. There is no right to withhold evidence in a civil suit after all.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  118. Mod Parent Up: Heart of the Topic by AHarrison · · Score: 1

    Parent hits the heart of the topic exactly. Of course in all actuality if guns are outlawed all civilians who will be willing to use them will have them already, but that is neither here nor there.

  119. Well, no, not really.... by gorehog · · Score: 1

    "If we decide that it's no longer necessary, can we erase any part of the Constitution?" The answer is, Yes. The constitution was made to be altered, revised and rewritten as needed by the society that it governed.

    I don't recall anything in the constitution about altering and rewriting it. It can be amended to make changes, but the old stuff stays in there, like a revision history. We didn't change the text of the articles concerning voting, we added amendments that expanded the rights of the constitution.

    It's an important difference because it lets us see which amendments worked and which ones did not. It lets us see what changes were made in case we want to roll them back.

    It is also interesting to note that the only amendment to be repealed was prohibition. It is also the only amendment that takes rights away from the people. Look at how well banning things worked there!

  120. Re:If they disallow gun ownership I'll move to the by Guppy06 · · Score: 2, Insightful

    "You see, lack of gun ownership is very convenient if you want to build a police state."

    You're forgetting the flip-side of that statement: in a country that allows gun ownership, you're expected to be the police. The United States is a country where people are trying to have their cake and eat it too; they want to own a gun, but they often want it as a penis extender, not to use it to secure public safety and promote domestic tranquility. Most gun owners still want the police to be around to get their hands dirty.

  121. Re:If they disallow gun ownership I'll move to the by cliffski · · Score: 1

    So presumably in the US, your government is kept in check and hasn't tried to infringe on peoples rights then?

    --
    DRM-free indie games for the PC and Mac: Positech Games
  122. The meaning of "bear arms" by Baldrson · · Score: 2, Interesting

    Following common usage, the framers of the Second Amendment used the phrase "bear arms" to refer to possession of weapons for military use... The best evidence for the Second Amendment meaning of "bear arms" is in the original draft of the Amendment proposed in the First Congress by James Madison: "The right of the people to keep and bear arms shall not be infringed; a well-regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person."

    In... the conscientious objector provision, Madison clearly used the phrase "bearing arms" to refer solely to the possession of weapons for military use...

    Madison's use of the phrase "bear arms" to refer to military activities is echoed in other contemporary usages... Records of debates in the Continental and U.S. Congresses between 1774 and 1821 [include] 30 uses of the phrase "bear arms" or "bearing arms" (other than in discussing the proposed Second Amendment); in every single one of these uses, the phrase has an unambiguously military meaning...


    Source: The Second Amendment Foundation

    The phrase "the people" is unambiguously defined as individual citizens of the States in the Constitution by virtue of the fact that when the States are being designated, the phrase "the States" or "the several States" is used consistently.

    All gun control legislation is geared toward either prohibiting or licensing your right to bear arms.

    The government cannot license rights already admitted to be yours by the Constitution and retain legitimacy.

    A further point of clarification may be necessary for some:

    The Bill of Rights grants no rights to the people nor to the States. The Bill of Rights is a confession and warning on the part of the United States Constitution that central governments such as those it constitutes, have a tendency to take more rights than they have been granted, and enumerates the rights most likely to be stolen by the central government.

  123. amazing by Anonymous Coward · · Score: 1, Insightful

    it is amazing that a lot of the people in this country who think the patriot act is trampling our rights, also think that taking away our right to keep and bear arms is going to make things better.

  124. Scary by indy_Muad'Dib · · Score: 1

    The Second Amendment, as passed by the House and Senate and later ratified by the States, reads:

    Second Amendment to the United States Constitution
            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.

    reading it, that says Militia, which most infer to mean the National Guard.

    the national Guard was formed by the Militia Act of 1903, well after the 2nd Amendment was passed, so if the Militia mentioned in the Second amendment was the national guard wouldn't it have been created at the same time?

    in truth, it was.

    USC Code

    TITLE 10 > Subtitle A > PART I > CHAPTER 13 > 311 Prev | Next

      311. Militia: composition and classes

    (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.

    every single male between the ages of 17 and 45 who is a citizen of the US or intended to become a citizen is the Militia as defined by the second amendment.

    if the US military and National guard fail in their duty to defend this country it is up to you to do it.

    if you refuse its treason, giving comfort or aid to the enemy and you can either be:

    A: be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

    B: Put to Death.

    if a foreign military is marching down the streets of New York, i doubt were going to bother with the fine and prison term, we will just put a bullet in the back of your head.

  125. The Term "Miltia" Was Used Like "Electorate" by chromozone · · Score: 1

    The term "miltia" was originally used to describe the body of citizenry eligible to use a weapon for the nations protection. It's usage was simliar to modern usage of the term "electorate" - or anyone who can vote. Words change meaning over time. Being called "ambitious" used to be an insult because it meant a person would do anything to get ahead (think of "ambi" as in ambidextrous"). An ambitious person saw any route as an equal one. Today people use it to mean "industrious". The term "militia" didn't mean an offical army in any discrete sense.

  126. "The US military is the best in the world..." by Anonymous Coward · · Score: 0

    HAHAHAHAHAHAHAHAAAAAAAR!

    Oh brother, that's good! Are you on the stage? You oughta be!

  127. Katana on display by symbolset · · Score: 1
    Katana are popular ornaments in the US. I don't have them on display in my home, but in my family I am unique in this way. I'm glad you find the liberties you do have comforting though.

    There is some difference between the law and practice in the US. While possessing blow while visiting a prostitute is illegal, prominent video of being arrested doing it is no bar to public office. Generally most people go about their business without much thought to the law, but more to what seems right socially. I think this is because there's just too much law to keep up with in any case.

    --
    Help stamp out iliturcy.
  128. Agreed by sheldon · · Score: 1

    I think the past six years of Bush/Republican rule have shown the importance of this statement. If you want to defend your freedoms, you must be able to do it yourself for the politicians certainly have no interest in doing so.

  129. Obsurd by geekoid · · Score: 1

    The most cursoury glimps of any of the papers from the founders one can tell it was meant for people to bear arms, and not just for a military.

    But lets look at the actual text:
    "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."

    No where does it say to protect us just from other countries. To ahve a frees tate the people must be armed, and this means freedom from ones own government as well. Even further it include freedon from having someone infringe your rights by coming into your home, assaulting you, or any numerious ways to protect yourself.

    The second amendment is about arms, not guns. This means any weapon.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  130. There's no real need to reconsider... by WheelDweller · · Score: 2, Interesting

    In Australia they did this; taking away millions of guns for hundreds of millions of dollars. What do ya know? Only criminals had guns. Who woulda guessed?

    Of course, with such heros as Castro, Stalin, and well, every enemy America has ever had (especially if he kills his own) the Liberals LOVE the idea of doing the same, to us.

    This isn't rhetoric; this is proven fact- Jane Fonda on the AA guns of the North Vietnamese, Ed Asner's idolitry of Stalin in a recent quote "He kept such good order!" and every cocktail party where Castro is missed. The party which they now occupy has a former KKK member....but no one ever seems to think about these things.

    Only Homer Simpson votes Democratic these days...and take a guess which party will push the remove-all-guns idea? It ain't the Republicans.

    Think people, THINK. Don't let the TV do it. Politics is more than headlines.

    --
    --- For a good time mail uce@ftc.gov
  131. Great point, but you're missing something obvious. by Hesperus · · Score: 1

    ... with that pedestrian death statistic. First, pedestrian deaths are always due to automobile mis-use (either accidental or intentional). Well, there may be one or two incidents of fatal falls taken by the very old per year, but they dont really change the stats.

    So, those deaths should be chalked up with cars. Add to that the rest of the deaths caused by cars. Compare the number with deaths caused by guns.

    Now, ask yourself what could happen if politicians really start paying attention to the numbers? Do you think they don't know about this stuff? I think it's pretty clear that they're focusing on guns because even slightly restricting cars in the USA is politically impossible.

    Heck, they can't even get people to drive at a reasonable speed.

    --
    ____________________________________

    -- I beleve you'll like this -->
  132. Re:Stupid left and right arguments... by Anonymous Coward · · Score: 0

    People will still find ways to kill people.

    Yeah, think of Timothy McVeigh.

    Now, the idea that a government will roll in with a tank and kill everyone will not happened. Why? You have a brain don't you? Think....

    Ah yes, yet another slashdotter will all the answers who won't answer their own questions outright. They think they're being coy but the truth is that they don't have an answer. Will there be marshal law in place if the slaves, er citizens are disarmed? Probably not. But than again i don't expect the people who wouldn't rise up to protect their firearm's rights to be able to rise up to protect any of their other rights.

  133. Re:Great point, but you're missing something obvio by amliebsch · · Score: 1
    Heck, they can't even get people to drive at a reasonable speed.

    Tell me about it, damn slow drivers always getting in my way.

    --
    If you don't know where you are going, you will wind up somewhere else.
  134. Roots of Second Amendment by huffybadger · · Score: 1

    "No freeman shall be debarred the use of arms (within his own lands or tenements)." --Thomas Jefferson: Draft Virginia Constitution (with his note added), 1776. Papers 1:353

  135. Re:I'm sorry... by Anonymous Coward · · Score: 0
    Why in the hell would the bill of rights say that the military can bear arms? Doesn't that go without saying?


    It may be a troll but that is a good point..
  136. Re:If they disallow gun ownership I'll move to the by barzok · · Score: 1
    You're forgetting the flip-side of that statement: in a country that allows gun ownership, you're expected to be the police. The United States is a country where people are trying to have their cake and eat it too; they want to own a gun, but they often want it as a penis extender, not to use it to secure public safety and promote domestic tranquility.
    I'm not sure that it's so much the people who want to have their cake (own guns) and eat it too (have the police protecting them) as it is the police and other government agents not allowing the people to "be the police" as you suggest.

    That whole "the police aren't obligated to protect you, but you can't take the law into your own hands either" thing.
  137. I'm sleeping safer by flinxmeister · · Score: 1

    knowing that the right to a national guard is forever enshrined as a God given right.... This "they mean a national guard" argument is about the stupidest argument on either side. It's the constitution and the bill of rights. Think about it.

  138. Re:If they disallow gun ownership I'll move to the by barzok · · Score: 1
    You see, lack of gun ownership is very convenient if you want to build a police state.
    Do you see Canada as a police state, or on the path to becoming one?
  139. Ballmer for President Committee says.... by MasterOfGoingFaster · · Score: 1

    It would really be helpful if the current government would take away all of your guns. Once we have programmed all the electronic voting machines to put Steve Ballmer into the White House, it will be much easier to round up all you Linux-spreading terrorists.

    --
    Place nail here >+
  140. Why own a gun? by Wansu · · Score: 2, Insightful



    You should own guns because there are bad people with guns who may use them against you. If you have a gun, you have the option to fight them. If you don't have a gun, you are at their mercy.

    Gun laws are not effective in reducing bad people's access to guns. Many, if not most, bad people aren't supposed to have guns anyway because of previous bad behavior. Banning guns has no effect on them.

    Private citizens in the USA have always had guns. This is a defining characteristic of the USA. It is a big deal. Mao knew what he was talking about when he said all power flows from the barrel of a gun. This is why it is best to distribute this power.

    --
    Wansu, th' chinese sailor
  141. Can't "redefine" militia away ... by AHumbleOpinion · · Score: 1

    The gov abandoned the idea of a state regulated militia in favor of a federally regulated national guard. If the right to bear arms only applies to a state regulated militia, then we lost our right to bear arms many years ago. If the DoJ interpretation of the 2nd amendment stands, then we still have it.

    I don't think the Congress can "redefine" the militia away. If "militia" referred to private citizens at the time of the signing of the Constitution then that should still apply until there is an amendment to the Constitution.

  142. Re:If they disallow gun ownership I'll move to the by Anonymous Coward · · Score: 0
    Hold on a second. By what logic do you reach your conclusions?

    You're forgetting the flip-side of that statement: in a country that allows gun ownership, you're expected to be the police.


    How does this follow? What are you basing this assertion on?

    The United States is a country where people are trying to have their cake and eat it too; they want to own a gun...


    I'll let this one go, but it's another unsourced assertion.

    ...but they often want it as a penis extender, not to use it to secure public safety and promote domestic tranquility


    Wait a second here. I would accept without proof that "some" people exhibit this behavior. But "most?" On what do you base that?

    Most gun owners still want the police to be around to get their hands dirty.


    Again, how do you justify your choice of the word "most" here?

  143. Re:What really angers me.... Wrong by ElBeano · · Score: 1

    You make a huge assumption by suggesting that folks in favor of the Second Amendment are also in favor of the Patriot Act. I suggest (with little more evidence than you have for your position) that you are very wrong. I'm an NRA member, and anecdotally speaking, most members I talk to are quite concerned about (and opposed to parts of) the Patriot Act.

  144. Now is the time to define "the left" by Scrameustache · · Score: 3, Informative

    Gun confiscation leads to a loss of freedom, increased crime, and the government moving to the left. I was with up to that point.

    you quote and quote from Jefferson, and then demonize the left? Have you the brain worms!?
    His ideal world was a communist anarchy, for crying out loud.
    --

    You can't take the sky from me...

    1. Re:Now is the time to define "the left" by Dausha · · Score: 2, Interesting

      "you quote and quote from Jefferson, and then demonize the left [wikipedia.org]? Have you the brain worms!?
      His ideal world [wikipedia.org] was a communist anarchy, for crying out loud."

      And the Left favors a large government that regulates every aspect of your life. I don't think Jefferson was a Communist, but he definitely was a libertarian-anarchist.

      And, no, I don't have the brain worms.

      --
      What those who want activist courts fear is rule by the people.
    2. Re:Now is the time to define "the left" by SpacePunk · · Score: 1

      We have a central bank that controls the currency. We're well on our way to communism.

    3. Re:Now is the time to define "the left" by shutdown+-p+now · · Score: 1

      After following the GP's link, it sounded quite like libertarian socialism to me.

    4. Re:Now is the time to define "the left" by Scrameustache · · Score: 1

      the Left favors a large government that regulates every aspect of your life. So does the Right!

      You're confusing "left/right" with "authoritarian/anarchist". check out the political compass, be enlightened.
      --

      You can't take the sky from me...

  145. Original intent by Peyna · · Score: 1

    It's obvious the original intent of the Founders had nothing to do with weapons. They wanted to outlaw the practice of removing people's arms for sport. A bunch of citizens running around with no arms is a bunch of unproductive citizens.

    By the way, I find all of you armchair constitutional scholars amusing.

    --
    What?
    1. Re:Original intent by eglamkowski · · Score: 1

      Considering the Constitution was written to be understood by people with little more than an elementary school education, I find your condescension towards those average Joe citizens who discuss the constitution to be amusing.

      You don't need a Ph.D. (or a J.D.) to understand or talk intelligently about the constitution. To fancy that such in a pre-requisite tells us more about you than it does about those who hold is such disdain.

      --
      Government IS the problem.
    2. Re:Original intent by Teancum · · Score: 1

      This statement of calling /. readers "armchair constitutional scholars" is presuming that we (who are voting citizens of the USA) have no input into the governing process of this country and that our opinion on this matter is irrevant.

      I would dare say that it is the exact opposite: That we are fellow citizens debating this concept and in some ways ignoring the attitudes of members of the various bar associations as a bunch of ignorant fools who don't understand that we live in democracy. This includes those nine members of the bar associations that happen to lead the judicial branch in Washinton D.C.

      The constitution is superior to the Supreme Court, and if they rule in such a way that the ordinary citizens of this country strongly disagree with them on their interpretation, they will find that they will not be taken seriously and become irrelevant. Not that this isn't happening to some extent anyway, but their authority and power is derived from the ordinary citizens and not the other way around.

      Debates of this matter are reasonable to make, and to gain the opinion of ordinary citizens is not only healthy, but absolutely necessary. What ordinary people think the constitution means will ultimately translate into people elected into Congress and the U.S. Presidency, as well as future appointments to the Supreme Court.

      The last time SCOTUS ignored the will of ordinary voters and decided to act on suposed judicial principles was Dred Scott v. Sanford. That has been universally declared by current members of the SCOTUS as a terrible decision, but the judges at the time certainly thought it was good policy. I predict that if the current justices made such a narrow interpretation of the 2nd ammendment today such as these DC lawyers want to push into law, that it would have very similar consequences as the Dred Scott decision. And be as universally derided 100 years into the future.

  146. Great idea! Except that it's unconstitutional. by Anonymous Coward · · Score: 1, Interesting

    Article I, Section 8 (in part):
    The Congress shall have power . . .
    To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress. . . .

    Amendment XIV (in part):
    No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    Congress has the exclusive power to organize the militias, NOT the states. Additionally, states cannot abridge Constitutional rights or powers. Aw, shucks!

  147. Simply by kahrytan · · Score: 1



    I have the right to bear a AK47 (AK47 is arms) and defend this country against terrorist threats. This including busting a cap in Bin Ladens ass and put a bullet between his eyes.

    And I have the right to defend myself against a oppressive and corrupt government. FYI, thats another purpose behind 2nd Amendment. The People have the right to form a militia to protect itself from oppressive forces of the government.

    --
    \
  148. Re:If they disallow gun ownership I'll move to the by chmod+a+x+mojo · · Score: 1

    Um, you do realize that canada has a HIGHER gun / person ratio than the U.S.A right? just because there is thousands of times less murder in canada than in the U.S. doesn't mean that there are less guns. Last i heard, in "Bowling for Columbine" there where as many or MORE guns in canada than there were people.

    Unless something has changed since then anyways.

    --
    To err is human; effective mayhem requires the root password!
  149. We take a standing professional army for granted by Beryllium+Sphere(tm) · · Score: 1

    But the people who founded the US were terrified of having one. The Federalist Papers try to reassure people who opposed the Constitution because it might permit a standing army. Their fears are why the Constitution restricts military appropriations to a two-year term and leaves raising armies in the hands of Congress, not the executive.

    The way things used to work was that when an army was needed, civilians with their own weapons would enter service as an amateur army, in both senses of the word. They didn't do that well compared to regulars, even then. Mark Twain wrote about someone's face being "as blank as the target after a militia shooting-match". But it is hard to tyrannize the people if they are your armed forces.

  150. Move to Iraq then by Anonymous Coward · · Score: 0

    "Gun confiscation leads to a loss of freedom, increased crime, and the government moving to the left."

    We can see how peaceful, free and blissfully right-wing are people in Baghdad and Iraq in general. Maybe we should just leave now? I mean, what could happen. With all their AK47s RPGs and artillery shells, hell, it is heaven on Earth!!!

    1. Re:Move to Iraq then by Crudely_Indecent · · Score: 1

      Iraq is free? When did that happen?

      Last I checked, they were hosting an occupying army and that up to 650,000 Iraqis were dead.

      --


      "Lame" - Galaxar
    2. Re:Move to Iraq then by Anonymous Coward · · Score: 0

      thank you for missing sarcasm 101, AND GP post.

  151. Hunting rifles/ammo deadlier than military rifles by AHumbleOpinion · · Score: 2, Informative

    If think you need to spend more time away from the TV and more on the range ;-), your faith in the AK is overblown. You are a little too quick to dismiss the humble deer rifle.

    Hunting rifles and ammo are deadlier than military rifles and ammo, Hunting ammo is designed to expand as it passes through tissue. The ammo used by hunters would result in a war crime if used by the military.

    The difference between some deer rifles and some military rifles is largely cosmetic. A semiautomatic deer rifle may use the same ammo as the M16, but comes with a 5-round magazine rather than a 30-round magazine. The US Marine Corps M16A2 rifle abandons fully automatic operation and operates in a semiautomatic or a 3-round burst mode. Holding down that trigger as you say does little more than waste ammo and make noise, and Marines prefer to hit their targets. So. put a 30-round magazine, a simple sheet metal box, in the deer rifle and how does it differ from the M16A2. Well one round rather than three, sometimes, and well it has a wood look rather than an all black look. Oh, can't forget the bayonet lug, no bayonet for the deer rifle.

    Regarding specialized rifles such as sniper rifles, the differences between bolt action hunting rifles and the more common lower end of the military spectrum is one of a heavier barrel and fine tuning. Nothing really beyond the reach of most civilian gunsmiths. The Remington Model 700 comes in deer rifle, police sniper, and military sniper variants. During Viet Nam many snipers literally carried civilian hunting rifles. I think some current units in Iraq may have "augmented" themselves with a Remington Model 700 from Walmart as well.

  152. Re:finally a correct reading of the second ammendm by EQ · · Score: 2, Informative

    And how is this correct?

    You cannot state it by fiat - try addressing the errors pointed out by many here - especially in case law, and in the fundamental reading of the Amendment itself:

    http://memory.loc.gov/cgi-bin/ampage?collId=llsl&f ileName=001/llsl001.db&recNum=144

    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.

    Note the PROPER punctional at the Library of Congress - the extra commans after "Militia" and after "Arms" are rmoved, as they are absent in the proper rendering of the Amendment (LOC is authoritative on this).

    Now its obvious that "milita" has to do with the security of a free state - but the "rights of the people..." are clearly what "shall not be infringed". Obvious.

    As for "well regulated" - the proper meaning is from its usage at the time of the amendment:

    The following are taken from the Oxford English Dictionary, and bracket in time the writing of the 2nd amendment:

            1709: "If a liberal Education has formed in us well-regulated Appetites and worthy Inclinations."

            1714: "The practice of all well-regulated courts of justice in the world."

            1812: "The equation of time ... is the adjustment of the difference of time as shown by a well-regulated clock and a true sun dial."

    The phrase "well-regulated" was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. Something that was well-regulated was calibrated correctly, functioning as expected. Establishing government oversight of the people's arms was not only not the intent in using the phrase in the 2nd amendment, it was precisely to render the government powerless to do so that the founders wrote it. That means for a militia, each individual is properly armed. And further in the Constitution, "militia" back then meant what we mean now by "citizenry"

    So where do you see the DC lawyers being a "correcct" reading - it blatently contravenes the quite obvious meaning of the law as written. So no - as I have pointed out (and you lack any presentment of evidence to back up your bald assumption) their reading is NOT a "correct" reading at all - its egregiously wrong. And so is your assumption absent any proof to the contrary.

    --
    Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo! http://goo.gl/J9bkO
  153. Well Regulated does not negate private arms. by HighOrbit · · Score: 1

    Organized and unorganzied have nothing to do with "regulated". "Organized" just means they are part of regularly established units (ie. the National Guard - see 10 U.S.C. 311). The unorganized militia, if it ever was called out to act as a militia, would still be expected to follow regulated discipline established by law. "Well Regulated" does not negate private ownership of arms. It referes to the power of the Congress and State Legislature to proscribe the discipline and lawful purposes of the miltia (See Article I, Section 8 of the Constitution) . That is what differentiates a militia from an armed mob. Both can be privately (self) armed. How they act once assembled is the difference. If they act contrary to law and discipline (i.e. contrary to the Well Regulated part), then they are an armed mob.

    What is most telling in respect to private ownership, is that the 2nd Amendment has never been interpreted as demanding anything but a right to private ownership, until the gun-control craze started in the last 30 years. That indicates that somebody is coming up with new and novel interpretations of the constitution in order to justify their new-fangled (unconstitutional) ideas. The construct in the 2nd amendment, "the right of the people", is exactly the same as the 4th amendment ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures") and the 4th is clearly an indivdual right. Interpreting the 2nd Amendment to refere to a "collective" right is clearly rank revisionism.

    If you think this should be differenct, then please use the democratic process to amend it. Please don't use unelected judges to "interpret" the constitution in new ways contrary to historical understanding. If the written words have no fixed meaning and you can "interpret" them to mean anything you like (even the opposite of historical understanding), then there is no point to having a written constitution.

  154. Re:US DOJ says- what morton grove held by arbitraryaardvark · · Score: 1

    In Morton Grove, 2 of 3 federal judges decided:
    a) that the state constitutional right to bear arms has weasel words tha tmake it unenforceable. (textually, they were right.)
    b) that only the supreme court has the authority to decide whether the second amendment is incorporated to the states, an issue which it has not revisited in 120 years, at a time when the first amendment was also not recognized as applying to the states.
    The rest of the opinion is just blather, "dicta",and is not the holding of the case.
    In the dicta, the court does get wrong Miller v US, which holds that before dismissing a case against a guy with a sawed-off shotgun, a hearing should be held to see if the shotgun is a militia weapon. (It is, as was shown by the use of the sawed-off shotgun against the Huk, Phillipene insurgents.) The Morton Grove court didn't understand that a pistol is a militia weapon - it is.
    For a better case on the role of the Second Amendment in the states, see Emerson
    http://en.wikipedia.org/wiki/United_States_v._Emer son and the dissents in silveira.
    http://en.wikipedia.org/wiki/Silveira_v._Lockyer.
    DC, however, is not in the states, so the second amendment issue is raised more directly.
    Morton Grove's dissent might also be worth noting.
    http://www.law.umkc.edu/faculty/projects/ftrials/c onlaw/quilici2.html

  155. Corelate Difference of Income w/ Crime by dwandy · · Score: 1
    the easiest way to correlate how much violent crime an area has is not by how many citizens own firearms, but by how many citizens collect welfare payments
    Could it be that giving money to people who haven't earned it is not the wisest course of action?
    From what I've read it's difference in income that can be corelated to crime (not 'poor people', or 'welfare recipiants' as you insinuate). In other words people seem to commit crimes due to envy and greed: if everyone was relatively equally wealthy crime would be lower. The socialist countries of the world seem to bear this out.
    ... therefore the opposite of what you suggest should decrease crime: more socialism.

    The real question then becomes: if you're going to try an equalise incomes how you still incent people to work harder... what is the right balance between equalising incomes to decrease crime, but still make it worth people's while to work their capital...

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
    1. Re:Corelate Difference of Income w/ Crime by supabeast! · · Score: 1
      ... therefore the opposite of what you suggest should decrease crime: more socialism.


      That theory only works if one ignores an obvious flaw; socialism is criminal behavior. Socialism is nothing more than theft: the proletariat gang up and coerce the wealthy into giving up their property so that it can be redistributed to the proletariat.
    2. Re:Corelate Difference of Income w/ Crime by iamacat · · Score: 0, Troll

      What do you think of a government that collects taxes and uses the money to subsidize corporations that would otherwise go out of business or pass laws that enable existence of their unnatural business models (such as intellectual property laws that imply that you don't own your own head and thoughts within).

    3. Re:Corelate Difference of Income w/ Crime by supabeast! · · Score: 1
      What do you think of a government that collects taxes and uses the money to subsidize corporations...


      In general, nothing good.
  156. Re: "Your Rights" ONLINE? by anagama · · Score: 1

    Well, "stuff that matters" is also in the tagline. Nerds can be interested in many things -- that is part of being a nerd in some ways -- you know, developing a large understanding of a number of intellectual topics.

    --
    What changed under Obama? Nothing Good
  157. Our founding fathers were terrorists by TheSkyIsPurple · · Score: 1

    >yu're going to become a terroris

    Our founding fathers were terrorists, at least by our definitions, and we consider them heroes. (rightlfully so)

    "Terrorist" is one of those overloaded terms that means many things in many circumstances... you just can't confer one meaning upon the other.
    If you want talk about "terrorists", you have to do so in context, and that context has to be pretty clear or else you end up arguing against many things we wouldn't want to argue against.

  158. How does the rate compare? by Anonymous Coward · · Score: 0

    e.g. If your murder rate used to be 10.0 per million per year, and there are 18 cities with rates of 9.9, dropping your rate to 9.8 would decrease your ranking from #1 to #19. But the actual change in murder rate (relative to other cities) is insignificant. That's one of the reasons I've always hated these top ten lists. You need access to the raw data to make an assessment like this, not ranking on some list.

  159. bullshit. columbine was not an urban area by jsepeta · · Score: 0, Flamebait

    dividing up the country into rural guntoting bumpkins and angry urban gun-toting youth is the wrong idea. handguns' sole purpose is to shoot people, so they should all be beat into plowshares.

    --
    Remember kids, if you're not paying for the service, YOU ARE THE PRODUCT THAT IS BEING SOLD.
  160. A few points. by dlthomas · · Score: 1

    "We interpret the Second Amendment in military terms." So America's founding fathers thought it necessary to make sure that future governments didn't prohibit their militaries from having weapons? Could someone please explain to me why they would consider this a) a threat to our liberties and b) a possible scenario. "Silberman and Judge Thomas B. Griffith seemed to wrestle, however, with the meaning of the amendment's language about militias. If a well-regulated militia is no longer needed, they asked, is the right to bear arms still necessary?" If a well-regulated militia is no longer necessary to our security, the second amendment asserts that we are not a free state. I might say this is an argument for shrinking the size of the military. On a side note, I think we should amend the 2nd amendment to allow exceptions to be made in cases where one individual having a weapon is a significant threat to a large number of others - WMDs and so forth. Presently, banning such *is* a violation of the 2nd amendment - one we tolerate, because it makes so much sense. If it makes so much sense, however, certainly amending the law of the land is a more proper response than ignoring it.

  161. Create a well regulated militia *TODAY* :-) by anfi · · Score: 1

    IMHO they promote and encourage *mass* creation ASAP of "well regulated militias" in USA.

    Are they *crazy*?!

  162. Guns are no protection by FhnuZoag · · Score: 1

    Sigh. Can those who believe that guns can protect from internal movement into tyranny please state somewhere the point at which they themselves will turn to the gun to defend their freedoms? And please suggest what targets they will shoot at first? That way, when the government crosses that line, we can go have a look and see who's doing the shooting...

    The thing is, guns are no protection from tyranny because they are only a method by which such regimes may be opposed. And they certainly aren't the only method. The trick by which all dictatorships have prospered is by manipulating the desires of their populace so that at no stage does change happy quickly and dramatically enough to enough people that folks are going to do something about it. They always ensure that a majority of the populace are loyal, and so, even if they had weapons, they'd be shooting each other instead of at them.

  163. Re:I'm sorry... by Anonymous Coward · · Score: 0

    No, I wasn't trolling. Oh well, my point was lost in the wave of responses.

  164. There are degrees of that by melted · · Score: 1

    If you live in the US, you can see that the government is scared shitless of doing direct harm to the people. That's the way it should be. American people, on the other hand, don't give a damn about their government doing harm to other countries and peoples. Less educated folks are gullible like children, they believe everything that is shown on TV. There's still a difference between tricking folks into believing that ridiculous things are being done for their own good and just doing things without asking, tricking or explaining, Politburo style.

  165. You're wrong. 14th Amendment applies. by rjh · · Score: 1

    News flash: just because you're protected from the federal government doing something to you, doesn't mean you're protected from the state government doing something to you.

    The Bill of Rights, as originally drafted, were only restrictions on the federal government. Many states had their own established churches, for instance. This was perfectly allowed under the First Amendment; after all, it wasn't the federal Congress that was establishing a religion, but a state Congress.

    After the Civil War the Fourteenth Amendment was passed, which declared that certain protections from federal government also applied to the states. Suddenly, all the state-sanctioned churches lost their government funding. State police were no longer allowed to search without warrants. States were forbidden from instituting cruel and unusual punishment. Etcetera.

    But, interestingly enough, the Second Amendment has never been held by SCOTUS to be part of the Fourteenth Amendment's incorporation effect. That means that any state or municipality can pass essentially any firearms law it wants, and still be on the right side of the Second Amendment fence.

  166. What if the founders hadn't been armed? by dircha · · Score: 3, Insightful

    1. If the U.S. founders and revolutionary army had put their fate in the hands of protest songs and peaceful sit-ins rather than armed rebellion, we might very well today still be paying our taxes to the U.K.
    2. Iraq is a vivid demonstration of the effectiveness of armed citizen resistance. The Iraqi people are better armed than us.

    I strongly support liberal social programs, but when it comes to certain essential personal freedoms I find they are hypocritical cowards.

    Western liberals have developed a false sense of security through years of living under impotent administrations permitting open dissent and demonstration. They take this for granted, believing their disssent and peaceful demonstration have secured their rights.

    In reality, we are always one election cycle away from tyranny.

    Bush is no tyrant (*shock*, but hey, this is Slashdot). In fact he's downright moderate compared to some past wartime administrations. But if you doubt the difference a single election cycle can make, look no further than the 2000 elections. Had a statewide recount been conducted in Florida - had all the votes been counted - the world today would be a very different place.

    Think long and hard before you give up the guaranteer of your liberty. Once you have, it is too late.

    1. Re:What if the founders hadn't been armed? by Inthewire · · Score: 0

      I wonder about this all the time...look at MLK, look at Ghandi...yeah, look at Castro, Stalin, Pol Pot...pacifism works when you aren't subject to slaughter. It kinda sucks otherwise.

      --


      Writers imply. Readers infer.
    2. Re:What if the founders hadn't been armed? by Guppy06 · · Score: 1

      "If the U.S. founders and revolutionary army had put their fate in the hands of protest songs and peaceful sit-ins rather than armed rebellion, we might very well today still be paying our taxes to the U.K."

      If the U.S. founders and revolutionary forces had put their fate in the hands of the state militias (despite propaganda, militamen couldn't go "ball for ball" with British regulars even if they did stick around long enough to try it) rather than the regular Continental Army, we might very well today still be paying our taxes to the U.K. (why do you think the federal government is allowed to have an army to begin with?).

      "Iraq is a vivid demonstration of the effectiveness of armed citizen resistance. The Iraqi people are better armed than us."

      Iraq is a vivid demonstration of the effectiveness of attrition. The Iraqi people are more willing to die in large numbers than us (witness the casualty reports).

      It seems in both cases, you aren't supporting the idea of fighting for your rights, but rather the idea of dying for them. If I and a few thousand of my friends get together and throw ourselves on their bayonettes, the enemy might, eventually, get tired and go home, giving the blessings of liberty to whoever might be left alive.

      The militia are not, and never have been, considered a war-fighting organization. Note that the constitution gives the executive the power to command the state militias only in cases of insurrection (instead of the "shoot first, ask questions later" line regulars) and invasion (i. e. "last line of defense").

    3. Re:What if the founders hadn't been armed? by Toon+Moene · · Score: 1

      > 1. If the U.S. founders and revolutionary army had put their fate in the hands of protest
      > songs and peaceful sit-ins rather than armed rebellion, we might very well today still be
      > paying our taxes to the U.K.

      Oh ? You mean, just like India does, today ?

    4. Re:What if the founders hadn't been armed? by dodongo · · Score: 1
      Think long and hard before you give up the guaranteer of your liberty.


      Let's be good and damn clear on this: The ballot box is a far more secure guarantor of liberty than the gun. This story is a second-rate issue until I have the right to look at my ballot and see who I voted for. (Unless, of course, this gun-right-revoking thing is the second tier in the Vast Left Wing Conspiracy to entrench Bush administration policy in power -- which doesn't make the least bit of sense, but then again, when do you ever expect people to think things through like that?)
    5. Re:What if the founders hadn't been armed? by Risen888 · · Score: 1

      Something that guarantees something is called a guarantor. Thought you'd want to know.

      Great post, by the way, I'd mod you up if I could.

      --
      Hey, I finally got my first freak! Took you long enough!
  167. That's the bad news. by jd · · Score: 1

    The good news is that since the irrational have created most of the world's problems, and are a primary component of the planetary overpopulation, the problem should eventually correct itself. It generally has, in the past. Mind you, it usually took with it most of civilization, but Slashdot keeps archives so we can recover fairly quickly.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  168. Re:US DOJ says - First Amendment and "the people" by Anonymous Coward · · Score: 0

    "the people" in the First Amendment refers only to the assembly and petition clauses (depending on how you read the grammar, that might be "the assembly and petition clause"). The first several clauses are restrictions on the power of Congress without reference to individuals or collectives.

    So the questions about how "the people" interacts with the religion or press clauses is based on a misunderstanding.

    Here, let's break it down:

    • Congress shall make no law respecting an establishment of religion
    • Congress shall make no law prohibiting the free exercise of religion
    • Congress shall make no law abridging the freedom of speech
    • Congress shall make no law abridging the freedom of the press
      and then, depending on how you read it, either:
    • Congress shall make no law abridging the right of _the people_ peaceably to assemble, and to petition the government for a redress of grievances
      OR
    • Congress shall make no law abridging the right of _the people_ peaceably to assemble
    • Congress shall make no law abridging the right of _the people_ to petition the government for a redress of grievances
  169. You need to investigate... by SonicSpike · · Score: 1

    the Libertarian Party http://www.lp.org/

    I think you just described their platform.

    --
    Libertas in infinitum
  170. Canada by attemptedgoalie · · Score: 1

    His comment about the Peace Arch. That is located between British Columbia and Washington State.

    He's saying that the USA is part of South America.

    --
    My mom says I'm cool.
  171. Re:If they disallow gun ownership I'll move to the by Guppy06 · · Score: 1

    "How does this follow? What are you basing this assertion on?"

    The federal constitution gives the president the right to command the militia to suppress insurrection and enforce the law. State and federal law in the Eighteenth Century took the view of not just "allowing" all able-bodied men between 18 and 45 to be in the militia, but laws such as the Militia Act of 1792 actually required all such freemen to have a rifle or a musket, a bayonette, and a minimum number of prepared cartridges, all in the name of using those weapons to support the state and/or federal governments. The states that ratified the federal constitution (and the subesquent Second Amendment) had things to say like (emphasis mine) "the people have a right to bear arms for the defense of themselves and of their own State, or of the United States, or for the purpose of killing game; and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals" (Pennsylvania ratifying convention).

    But in general, one of the basic principles in the Declaration of Independence (and expanded upon in the Federalist Papers) is the right of a just state to exist and to defend itself, and of the duty of people in a republic (as well as states in a federation) to support said government.

    It just doesn't follow for a republican government to duly enact a law and then expect neither a separate police power nor a posse comitatus to enforce that law. Otherwise what you would have us call "law" is merely "suggestion."

    "Wait a second here. I would accept without proof that "some" people exhibit this behavior. But "most?" On what do you base that?"

    The National Rifle Association repeats loudly and often that they are the largest constituant organization repesenting the interests of gun owners, and they neither seek the abolishment of police power outright, nor even the repeal of existing gun laws; their main goal is maintaining the status quo. This large lobbying group instead focuses solely on gun ownership while maintaining the shockingly low number of legal responsibilities for gun owners (or dealers or manufacturers), in stark contrast to their adopted their Minuteman icon, who reached for his rifle to fulfil his civic duty to defend his free state.

    Now, if you wish to claim that the NRA does not rerpesent most gunowers, I accept that it is debatable, but certainly they represesnt most of the outspoken gunowners.

    I also find it curoius how the relatively small number of "blue states," whose people tend to support more restrictive laws on gun ownership, tend to be over-represented in the list of 21 states that maintain at least some modicum of an independent state militia. Of the eighteen states that voted for John Kerry in 2004, ten of them are on that list. There seems to be a correlation between most of the people in the state supporting a minimum of gun ownership restrictions and a desire of those same people to rely solely on federal forces and dually-enlisted National Guard members for defense of the state in times of emergency.

  172. And how about firearms on the Space Station? by Traf-O-Data-Hater · · Score: 1

    Well I can't decide whether my question is half-funny or half-serious. Will (or does) the US's Second Amendment ever apply in space? I'm wondering what the policy is for having firearms aboard the ISS? And the proposed Moon Base? Being a supposed international effort, surely the americans will want some form of protection and security there, and since they'll undoubtably be funding the majority of it they'll have the running of it it their way, under their laws. I'm not an american by the way.

    1. Re:And how about firearms on the Space Station? by __aaclcg7560 · · Score: 1

      I think in the short term there will be no personal weapons in space (some tools might do double duty in a hurry). A space version of the maritime laws will probably be thought up and slanted per U.S. specifications. Until space becomes something that people are willing to fight and die for, weapons won't be an issue.

    2. Re:And how about firearms on the Space Station? by damiangerous · · Score: 1
      I'm wondering what the policy is for having firearms aboard the ISS?

      There are firearms aboard the ISS, owned by the Russians. One is a special survival rifle designed to fire flares, shotgun shells or rifle rounds and anyone trained as a Soyuz crewman (including the American iss crew) is trained in its use. I believe the Soyuz also still carries the NAZ-3 survival kit, which includes the Markov pistol. I'm not sure if both kits are carried, or if one is obsolete, but there is definitely some sort of firearm(s) up there. http://suzymchale.com/kosmonavtka/soyfeature.html

  173. You Just Need a State to... by Nom+du+Keyboard · · Score: 1
    You just need your state to declare its entire population as it's militia. After all, that's what the militia used to be.

    It's the asshats who claim that ...the right of the people to bear arms shall not be infringed, who are the entire problem here. Just who are "the people". And why aren't they the very same "the people" who are mentioned 3 other places in the Constitution?

    Also, why do they want to take my guns away? I'd rather not find out.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  174. Re:If they disallow gun ownership I'll move to the by Guppy06 · · Score: 1

    Expanding on my last paragraph, the aftermath of Hurricane Katrina gave us the spectacle of "mandatory trigger locks" Maryland deploying the Maryland Defense Force to assist "sportsman's paradse" Louisiana, which maintains no such organization. If that doesn't show that the classical militia ethos of the Seventeenth and Eighteenth Centuries is wholly divorced from the debate over gun ownership, I'm not sure what will.

  175. Been Proven Already Via Historical Sources by Master+of+Transhuman · · Score: 1

    It has been proven repeatedly - regardless of the Supreme Court's views - by the people who WROTE the Constitution that this is an individual right that applies to all citizens (male citizens, anyway, given the Founder's sexism at the time.)

    Besides, who cares? You want to start another black market - this time in guns? Go right ahead. People who want to be armed will BE armed, regardless of what you do.

    You couldn't stop drugs coming into the country, feel free to try to stop guns.

    Suckers.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  176. Fixing our messed-up nation by Astro+Dr+Dave · · Score: 1

    I've considered submitting this as an "Ask Slashdot" article, but I may as well post it here.

    Given how our country (especially the Executive branch, though Congress hasn't done well either) has been violating the laws and the constitution, and various other abuses (patent/copyrights, etc.), I've been trying to think of ways to amend the constitution that might do some good. I understand that constitutional amendments are of little use when the government ignores the constitution, but it's the best I can think of. Here are my ideas, in very rough form. I'd love to get some feedback...

    1. Clause 1: No corporation, profitable organization, or agent thereof may lobby an elected official; or contribute monetary funds, or other gifts or services beyond those which are available to the general public.
    Clause 2: No elected or appointed official may accept gifts (including services), except from individuals who are friends or family, and could not gain disproportionately from the official's duties. [Badly worded, I know... intended as strict anti-bribery.]

    2. Congress may pass no law to serve or benefit corporations above citizens, or to insure or support a corporate organization or business. The terms of copyrights and patents are restricted to not more than 20 years. Copyrights and patents shall be further restricted to apply only to public distribution for commercial purposes.

    3. The rights of the people shall have precedence over the rights of public corporations or businesses.
    Clause 1: Corporations and business are not guaranteed the same rights as people.
    Clause 2: Criminal misconduct or infringement of civil rights by corporations shall result in personal criminal liability.
    Clause 3: Corporate organizations have no right to avoid self-incrimination.

    4. (Anti-secrecy amendment)
    Clause 1. Congress shall be kept informed of all governmental programs which are classified or otherwise not disclosed to the public.
    Clause 2. Briefings to congress shall include full disclosure of all program details to at least the entire congressional oversight committee. All political parties which have representation in Congress shall be allowed a member on each oversight committee.
    Clause 3. No legal proceedings shall be halted by state secrets or due to classified evidence. Superior or Supreme court judges can subpoena and review any secret material in a closed court. The determination that evidence is a secret of the state shall not prevent timely justice.
    Clause 4. No secret evidence may be used in any legal proceeding, nor may secret evidence be introduced without full disclosure to all parties.

    5. Clause 1: The presidency is limited to one term not to exceed four years.
    Clause 2: Senators are limited to not more than 2 terms in office.
    Clause 3: Representatives are limited to not more than 4 terms in office.

    6. Possee Comitatus: military force may not be deployed for combat, peacekeeping, policing, or any other armed or non-humanitarian duty within the borders of the United States, except for defense against a military threat from a foreign people or government.
    [Note: this precludes the use of military weaponry by non-military personnel, i.e. SWAT teams. Military force can be defined as the use of weaponry or equipment not legally available to civilians.]

    7. No military force shall be deployed for combat duty outside the United States without a declaration of war by Congress.

    8. Citizens and non-citizen residents are guaranteed the right of privacy; and own their private data and information, and may control the dissemination thereof.

    9. All bills or articles introduced in Congress must address only a single subject and purpose. Riders are not allowed.

    10. Clause 1: An individual's right to obtain, possess, and openly carry arms, including personal firearms, on public lands or their private property shall not be restricted, infringed, or abridged, except by due process of law for people

    1. Re:Fixing our messed-up nation by Edward+Teach · · Score: 1

      Way too long and way to restrictive. Constitutional Amendments should be focused on one topic and should be worded with the intent of the amendment but allow for Congress to write implementation laws.

      Just my $.02

      --

      Setting his threshold to 5, Sparky eliminated most of the trolls on /.

    2. Re:Fixing our messed-up nation by Astro+Dr+Dave · · Score: 1

      I realize my wording is not very good; however, this is not one proposed amendment, it is eleven.

    3. Re:Fixing our messed-up nation by SanityInAnarchy · · Score: 1

      I essentially agree with this, as a bill of rights. I'm not sure we need a constitution, just different levels of law. Some laws may be changed quickly and easily, some laws require a long ratification process. These should be essential rights, and should be as difficult to change as it currently is to get a constitutional amendment, but there should be other degrees of that between "constitutional" and "tax code tweak".

      Regarding #5: I don't agree that these should be limited this way. Instead, we should limit them by age. The President has to be 35 or so, right? We should also put a maximum age. No senile congressmen.

      Regarding #6, I'm not quite sure about the rationale behind this.

      Regarding #7, the declaration should be formal, and we should know about it. "War on Terror" does not count. And what about special ops?

      Regarding #9: Needs better language, but yes. It might be simpler to have all bills or articles, anywhere, be limited by some arbitrary measure like a word count. In any case, any document which has the force of law should be possible to understand by any person it affects. So, for instance, I should not have to be a lawyer to understand the EULA on my software, and it shouldn't take more than a couple of minutes to read through it. Creative Commons has a great example of a human-readable summary -- there's legalese to back it up, but the summary is understandable.

      I'd call this the anti-legalese right.

      #10 should only apply to citizens -- and it should be possible to abridge this without convicting someone. If you're holding a suspect, obviously they should not be allowed to have a sword in their jail cell.

      #11: Careful here. The Supreme Court currently has an insane amount of power to arbitrarily interpret stuff.

      It may be time for us to not only re-examine our laws and constitution, but our whole system of government. Of course we should be a republic, but that covers a lot of ground. It doesn't help at all to have these three branches of government if, at any given time, every single branch is corrupt, and barely keeping the corruption of the other branches from bringing down the whole tree.

      --
      Don't thank God, thank a doctor!
    4. Re:Fixing our messed-up nation by surfcow · · Score: 1

      I love it. It's great.

      Hmm... now, how do we get the rest of the world to do it? I suspect there are a good number of others out there who would support it.

    5. Re:Fixing our messed-up nation by Astro+Dr+Dave · · Score: 1

      Regarding #6, I'm not quite sure about the rationale behind this.

      It's to prevent tyranny by the government, by restricting the amount of force that can be used against the people.

      Regarding #7, the declaration should be formal, and we should know about it. "War on Terror" does not count. And what about special ops?

      I agree that the declaration should be formal and public. Special ops is a type of military force, and as such is prohibited without a declaration of war. Perhaps limited "declarations of war" (similar to the authorization for use of force that led to the invasion of Iraq) could be permitted, but only in certain circumstances, such as to deploy force to secure the persons of American citizens abroad. (I.e., rescue operations.)

      Regarding #9: Needs better language, but yes. It might be simpler to have all bills or articles, anywhere, be limited by some arbitrary measure like a word count. In any case, any document which has the force of law should be possible to understand by any person it affects. So, for instance, I should not have to be a lawyer to understand the EULA on my software, and it shouldn't take more than a couple of minutes to read through it. Creative Commons has a great example of a human-readable summary -- there's legalese to back it up, but the summary is understandable.

      Yes, I was thinking of adding something like this... my thought was more along the line of: in a precedent-setting case where a reasonable person might consider the law ambiguous, no criminal penalty shall be afforded to the accused beyond remedial action. In other words, if the law isn't clear to a reasonable person (and hasn't been made clear by a previous precedent-setting court case), then if you're found guilty of breaking that law you can't be punished for it, beyond corrective action (so, in an example pertinent to this topic, if the law isn't clear about owning fully-automatic weapons, and you have one, they can take it away or modify it to be semi-automatic, but they can't fine you or throw you in prison).

      #10 should only apply to citizens -- and it should be possible to abridge this without convicting someone. If you're holding a suspect, obviously they should not be allowed to have a sword in their jail cell.

      Why should it only apply to citizens? The 2nd amendment has been found to apply to anyone within this country who has some tie to it; and thus applies to non-citizen residents as well. And of course this won't apply to felons, since rights can be removed via due process.

      #11: Careful here. The Supreme Court currently has an insane amount of power to arbitrarily interpret stuff.

      Yes, but if it's their job to interpret the law, then my point is that the other branches of gov't should be able to ask them for an interpretation.

    6. Re:Fixing our messed-up nation by SanityInAnarchy · · Score: 1
      It's to prevent tyranny by the government, by restricting the amount of force that can be used against the people.

      What we need is a way to not cripple legitimate things, like SWAT teams, and yet still prevent a police state. Having a civilian be Commander in Chief is a step in the right direction.

      After all, if the government is really going to be tyrannical that way, they can simply declare martial law, or ammend this limitation away -- so we need another solution anyway. However, SWAT teams do seem legitimate to me -- although if I go back and read your original proposal, it might cover that (let us buy all the equipment the SWAT teams use).

      In other words, if the law isn't clear to a reasonable person (and hasn't been made clear by a previous precedent-setting court case), then if you're found guilty of breaking that law you can't be punished for it, beyond corrective action (so, in an example pertinent to this topic, if the law isn't clear about owning fully-automatic weapons, and you have one, they can take it away or modify it to be semi-automatic, but they can't fine you or throw you in prison).

      Not good enough. If the law isn't clear enough, it should be void, which means I get to keep my fully-automatic weapon until they fix the law.

      If your rule is implemented, politicians would pass laws that no one wants except their own special interests, but that are confusing enough that no one knows just what they do until they're directly affected. It's not good enough to just say that you can't be punished -- the law could've sat around for years until they had just the person to spring it upon, and it could easily be devastating even without direct, blatant punishment.

      A person should be able to read everything their elected officials do. They should be able to read it in the morning newspaper, over breakfast or coffee, and understand it.

      The only problem is, how do we word this properly? Or is there some other angle we can attack this from? Because the problem with what I just said is, anyone can bring in a retarded person and say "This person can't understand your Constitution; therefore, it's void.

      And your language about preventing riders doesn't help a lot, because they can always be separate bills, the deals will just have to be more explicit. Nothing to stop them from telling each other (behind closed doors) that they will only let bill A pass if bill B does.

      Why should it only apply to citizens?

      Why should it apply to non-citizens?

      As far as I'm concerned, it's not necessary that we grant rights to non-citizens. It's often the decent thing to do, yes, but really, if you want the rights of a US citizen, become a US citizen.

      if it's their job to interpret the law, then my point is that the other branches of gov't should be able to ask them for an interpretation.

      Perhaps, but consider:

      Suppose the Supreme Court "interprets" the Constitution to still have the 3/5ths rule (or whatever it was) in effect, or something bizarre like that.

      Or suppose they simply decide that any new laws, especially laws which attempt to reform the Supreme Court, are "unconstitutional" or "illegal". For that matter, you said "illegal" -- are you honestly saying a new law can't break any existing laws? We could never get rid of laws, then -- any new law attempting to replace them would be "illegal".

      --
      Don't thank God, thank a doctor!
    7. Re:Fixing our messed-up nation by Astro+Dr+Dave · · Score: 1

      Thanks for your input... I'll have to give this some thought. You raise good points, even if I don't necessarily agree. Here are my immediate reactions:

      What we need is a way to not cripple legitimate things, like SWAT teams, and yet still prevent a police state.

      Read the first couple pages of this: http://www.cato.org/pubs/wtpapers/balko_whitepaper _2006.pdf

      I don't think the militarization of police is a good idea. In fact, it really is a large part of what makes a "police state." Community police should be good enough; SWAT teams which are trained and equipped as military forces, especially when taught to view the public as "the enemy," should violate the Possee Comitatus rule.

      Not good enough. If the law isn't clear enough, it should be void, which means I get to keep my fully-automatic weapon until they fix the law.

      That works... except then everyone will try to find some way to mis-interpret laws in order to be able to break them.

      A person should be able to read everything their elected officials do. They should be able to read it in the morning newspaper, over breakfast or coffee, and understand it. The only problem is, how do we word this properly?

      I don't know... heavy restrictions on the bills that may be passed would help. For example place strict restraints on the interstate commerce clause, which is often horribly abused. Or remove it entirely.

      Or is there some other angle we can attack this from? Because the problem with what I just said is, anyone can bring in a retarded person and say "This person can't understand your Constitution; therefore, it's void.

      That won't work, because a "reasonable" person must be able to understand the meaning of the law. I've seen this sort of thing work, but you're right - it could be subject to abuse. There must be a better way, probably involving various measures to restrict the length of laws, and the types of bills that may be passed.

      Suppose the Supreme Court "interprets" the Constitution to still have the 3/5ths rule (or whatever it was) in effect, or something bizarre like that. Or suppose they simply decide that any new laws, especially laws which attempt to reform the Supreme Court, are "unconstitutional" or "illegal".

      Yeah, judicial reform... I don't know how to tackle this one directly. Congress could always impeach the justices, but that hasn't ever happened. The courts don't always make the right decisions, and when they make wrong decisions they stick with them; uniformity with precedents is given priority over correctness (a bad idea IMO).

      For that matter, you said "illegal" -- are you honestly saying a new law can't break any existing laws? We could never get rid of laws, then -- any new law attempting to replace them would be "illegal".

      I'm saying that in the event a law is unconstitutional, it's thrown back in the face of Congress. If Congress wants to repeal an old law, they can do that directly; however, judicial review (preferably before a bill is passed) could be useful to avoid unintended consequences when laws conflict. Also, a law could be "illegal" if, for example, it violates a treaty.

      I suppose one could claim that I'm trying to devise an idiot-proof Constitution, which of course would cause even greater idiots to be elected to Congress.

    8. Re:Fixing our messed-up nation by SanityInAnarchy · · Score: 1
      That works... except then everyone will try to find some way to mis-interpret laws in order to be able to break them.

      Your way is almost as bad. Mis-interpret just about every finable offense ever, and simply avoid the fines.

      The trick is to come up with some good, solid language for obviousness, that itself passes an obviousness test. I'm not sure we're capable of that as a species yet, but it might help to have that as a goal. (Or find a completely different approach that would achieve the same result.)

      I suppose one could claim that I'm trying to devise an idiot-proof Constitution, which of course would cause even greater idiots to be elected to Congress.

      Still a decent goal.

      The trouble is, even if we all had a perfect understanding of the 18th century mind, and so we knew intimately how the Constitution was intended to be interpreted, there are parts of it that are simply obsolete -- that 3/5ths rule is a perfect example.

      Rewriting from scratch is a scary prospect, but it may be easier than trying to reform a document that's over two hundred yeras old.

      --
      Don't thank God, thank a doctor!
  177. too many people missing the point by pavera · · Score: 2, Insightful

    The second amendment has very little to do with "self defense" from crime, or anything like that.

    The second amendment is to protect us from 2 things:
    1) In the event of foreign invasion, the populace has the means to effectively fight.
    2) In the event of a tyrannical (read Bush Administration) government the populace has the ability to overthrow the government.

    The liberals arguing for gun control have been staring at the best reason to allow people to own guns for the last 6 years.
    Anyone who argues that our liberties have been unduly restricted, infringed or otherwise violated should be 100% in favor of gun ownership.
    It is there to give us the means to insure our liberties. It is the final check/balance provided by our constitution. If it all starts to go to hell, well we can revolt and at least have a fighting chance of winning. Without guns, that right is effectively revoked.

    1. Re:too many people missing the point by Anonymous Coward · · Score: 0

      INDEED!
      We're not supposed to be fighting amongst our selves. That is NOT what these guns are for.
      The only thing standing between us and the capital is an uneducated population, who believes whole-heartedly that this administration gives a flying fuck about them. It's sad, really. Why the hell are these people believing in some newscasters and politicians when we have REAL PEOPLE right across the street from them who are crying out to them "They are Lying! Don't trust them for the love of god!"
      The past 6+ years have been the most frustrating years of my life.

  178. And there's also the question by Sycraft-fu · · Score: 1

    If the intent of the second amendment was just for the government to be able to arm the military, why's there a second amendment? Every other amendment in the bill of rights is about protecting liberties from the government. For example the forth amendment isn't what allows the government to search someone, it places limits on how they may do so. So why if all the other amendments are about ensuring the people have rights that the government can't mess with would the second be the one that's different?

    That's the big problem that I have with the line of logic that the second amendment means the military. It's inconsistent with the rest of the bill of rights. The founders seemed to understand that government had the ability to give itself the right to do what it wants. The bill of rights was all about limiting that. Yes the government could pass a law allowing them to search your house, but only under certain circumstances and no, they couldn't pass a law saying you weren't free to speak your mind.

    So it seems rather inconceivable that they'd say "Hey in with this list of rights for the people, let's stick in a right for the government to arm the military. In fact, let's make it #2 on the list."

    That's not to say you can't argue that the second amendment is antiquated and should be gotten rid of, we have eliminated amendments in the past (prohibition) we could do so again. However if that's what you want, that's how you need to argue. You can't try and twist it and say "Well even though all the other amendments are protections of people's rights, and even though there's a great deal of literature from the time on the subject, I'm pretty sure the second amendment was only intended to apply to the military." That's talking nonsense. Clearly the second amendment was meant to apply to citizens, just as the first is. If you want to get rid of it, ok then that's a point for discussion but don't try and change what it is.

    Imagine if someone tried that with the eighth. If someone claimed that it wasn't meant to apply to individuals, but only to the government. That what it meant was that the government wasn't REQUIRED to impose excessive bail or inflict cruel punishments, but that they could if they wanted. That this was really protecting the government's right to be lenient if they wanted, not to protect the individual from a tyrannical government. Well hell, it'd mean Bush was right and that the abuses of "enemy combatants" was perfectly ok!

    I think it's a dangerous road to walk down to try and weaken constitutional protections. If there's a part of the Constitution that's outdated and needs changing, ok then let's do that. We've done it before, we can do it again. But none of this crap of trying to weaken the protections that are there. Maybe you're happy when they are doing it to the gun owners but we've seen what happens when they do it with other protections and that's not a road we want to walk down.

  179. Re:finally a correct reading of the second ammendm by Anonymous Coward · · Score: 0
    Now I know that many, many Americans would feel that their god-given right to own guns would be violated if it were to come to pass that the legislation in place corresponded to a more correct reading of the second amendment.
    You are simply wrong. The only correct reading of the Second Amendment is that the people have a right to keep and bear arms. Whether or not it's a god-given right isn't the question. Legislators can damn well try to amend the Constitution, if they'd like to see it changed. It's really too bad that idiots like yourself can't distinguish between an argument over whether the Constitution provides the right to bear arms (which it unquestionably does) and an argument over whether that's a good idea.
  180. Analogy by Edward+Teach · · Score: 2, Interesting

    The Second Amendment to the Constitution of the United States reads:
    "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."

    This simple sentence, framed very specifically by the framers of the Constitution, has caused much debate. The first half of the sentence gives the reason for their belief in this right. However, the second half of the sentence is not dependent on the first half. Take the following sentence as an example.

    A well educated populace, being necessary to the well being of a free state, the right of the people to keep and bear books, shall not be infringed.

    People have the right to keep and bear books but is is the reason they have the right because a well educated populace is necessary to the well being of a free state or should only well educated people have the right?

    The framers were not stupid people. They knew exactly what they were writing. It is only over time that we have changed the meaning of what they wrote. The vernacular of our language has changed. The Federalist Papers were quite clear that this was the right of each individual Citizen of the United States.

    This really is a moot point, because a militia is defined in United States Code TITLE 10 > Subtitle A > PART I > CHAPTER 13 > 311. It has two components. The first is the "organized militia, which consists of the National Guard and the Naval Militia." The second class of militia is "the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia." Just because a militia is unorganized does not mean that it is not well regulated. The fact that United States law codifies an unorganized militia makes it well regulated. I, and most slashdot readers in the United States are members of the unorganized militia by default.

    Also, no court that I am aware of, has ever ruled that the term "the people", in the United States Constitution, means anything other than an individual right. Look at everywhere in the Constitution where the term is used. It is very clear that each single instance reflects an individual right. Would the framers use the same term in the Second Amendment if they did not mean to recognize an individual right?

    Also, the rights in the Constitution were so clear to them and they believed that they were bestowed by their Creator that they did not even put them in the original Constitution; however, many believed that they needed to be recognized formally and the Constitution was passed with the understanding that the Bill of Rights would soon follow to acknowledge those rights, not bestow them. The Constitution does not bestow rights to the people, it acknowledges that they exist and prohibits the United States Government from infringing upon them. The United States Constitution grants power to the United States Government and specifically limits that power. It does no more than that. Any law that runs contrary to that ideal is unconstitutional. But, courts sometimes forget that. As do many of the Citizens of the United States.

    --

    Setting his threshold to 5, Sparky eliminated most of the trolls on /.

  181. Re:NAACP and guns-ERROR!-gun-related deaths by meburke · · Score: 1

    It is interesting that Mexico and Brazil are listed right below the USA in gun-related deaths, when both of them have more restrictions on guns than the USA. Furthermore, Brazil and Mexico have the highest PER-CAPITA murder rates in the world. You came to an invalid conclusion when you declare that "Gun-licensed countries -- practically those with bans have far far lower crime. " "Crime" is actually much higher per-capita in many of these countries. It makes sense that "gun-related crime" could be a little lower. And, of course, you are always free to move from the USA to Brazil or Mexico if you think you'd be safer there.

    This is a complicated argument which requires integrity and a real knowledge of statistics, and is not for the faint-hearted nor ignorant. The reason for the Second Amendment was to allow the citizenry to protect themselves from a despotic or tyrannical government, in line with the the rights defined in the Declaration of Independence that allows a citizenry to overthrow an unjust rule when reason doesn't work. No statistical analysis is sufficient to deprive us of our rights, but may point to other ways of reducing the problem of too many murders. For instance, a disproportionate number of murders here in Texas are committed by illegal aliens against illegal aliens. Maybe arresting and sending them back would reduce the problem?

      I saw a cartoon recently that showed the 2nd Amendment being rewritten as: "A well-regulated Population, being necessary to the Police State, the right of the Government to Register and Ban arms shall not be infringed."

    If you are hazy about the meaning of the Constitution, I recommend, "We Hold These Truths" by Mortimer Adler. If you are a US Citizen and don't know the Constitution, shame on you.

    --
    "The mind works quicker than you think!"
  182. This topic is a sad commentary on the polics here by leereyno · · Score: 2, Insightful

    News for nerds, stuff that matters?

    As a card carrying member of the NRA, this issue is of course very important to me. What I don't understand is why it is important to the slashdot community. Every year there are countless news stories that slashdot does not cover, surely including ones that are more relevant to a communit defined by its interest in computer technology.

    The tone of the initial post, which says in part "...the right to bear arms only applies to 'a well regulated militia'..." demonstrates the reason why this topic can be found here, which is that this site is run by leftists who have bought into the rhetoric of the left which calls for the disarmament of the people as a pre-requisite of their disempowerment and disenfrancisement.

    All I can say is that I will fight the forces of evil and oppression to my last dying breath. You want my guns? You'll have to kill me first, and I'm ready and willing to take as many of you with me as I can.

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  183. It's ambiguously worded by Anonymous Coward · · Score: 0

    You can read this more than one way. The courts will decide.

    It will probably boil down to the framer's intent.

  184. Re:What really angers me... by urbanradar · · Score: 1

    Yes, but doing random damage is one thing. Overthrowing a government without letting everything descend into anarchy is another.

  185. Re:This topic is a sad commentary on the polics he by Edward+Teach · · Score: 1

    I, for one, welcome the debate, whatever the forum. Any chance we get to set the Liberals right and teach them how to actually read the Constitution and help them to understand that it does not bestow rights but prohibits the government from infringing on them is one we have to take.

    On a personal note, dude, where do you live? I think I could stand beside you and take a few out too. I got your back, man.

    --

    Setting his threshold to 5, Sparky eliminated most of the trolls on /.

  186. Wrong by dtfinch · · Score: 1

    To say the government can have an army in the Bill of Rights would be very out of place and redundant. The Bill of Rights generally refers to the rights of the people, and the right of the government to have an army is a given.

    1. Re:Wrong by eglamkowski · · Score: 1

      While a government having an army may very well be a given, the US constitution still explicitly enumerates this in Article I section 8.

      This explicit grant of authority for a military was necessary because of the way our constitution was intended to be understood (which has long since been discarded) - the government by default has no authority to do anything, and then authority for specific things is explicitly granted by the constitution.

      People today like to claim the "general welfare" clause invalidates this interpretation (they don't say it in that way, of course, but that's what they really mean), but that's because there are three things they haven't read, or if they have, they haven't understood: amendment 9, amendment 10, and Federalist 41.

      In the unlikely event they have read and understood these things, but still insist the general welfare clause lets the feds do whatever their pet cause may be, what they are really telling you is they are government junkies who have no love of freedom and no respect for their fellow citizens.

      See also Stefan Molyneux's The Gun in the Room, Part 1 and Part 2.

      --
      Government IS the problem.
  187. Re:NAACP and guns-ERROR!-gun-related deaths by Anonymous Coward · · Score: 0

    Thats a lot of long words you have there. As we're talking about gun crime, I would've thought it was obvious that my conclusion was referring to gun crime. It would hardly be fair to cross-compare gun crime vs other types of crime as this is a different connection indeed and therefore your point is moot. I'm not a US Citizen, but as I am aware you have quite the firearms problem, according to the statistics anyway. I can hardly say the UK system is perfect by any means but we're certaintly don't have the same level of gun crime. All I'm saying is that guns are designed to kill, and they shouldn't be available to just anyone with the money - using any lethal weapon for defense seems to be fraught with problems. Monkeyboi

  188. I carry a gun every day by Anonymous Coward · · Score: 0
    I thought you might want to hear from one of the millions of US citizens that is licensed to carry a gun every day, just about anywhere.

    It ROCKS!

    I usually carry my Kel-Tec P32, which has a Pocket Slipper Laser Aimer. Sits in the front pocket like a PCA or wallet. http://www.smartcarry.com/xsl.jpg

    Guns And Laws

    http://www.usdoj.gov/olc/secondamendment2.htm

    Nice, small gun

    http://www.gunblast.com/KelTec_P3AT.htm and

    http://www.gunsandammomag.com/ga_handguns/keltec_0 92304/ Lifetime guarantee. .32 caliber, $250~ Slightly larger and more money: http://www.waltheramerica.com/firearms/ppks.cfm

    Florida gun laws

    http://www.packing.org/state/index.jsp/florida

    If you know anyone with young children who need gun safety training http://www.nrahq.org/safety/eddie/materials.asp

    The official police academy book for gun laws in Florida http://www.floridafirearmslaw.com/indexbook.shtml

    The ethics of owning guns http://www.a-human-right.com/introduction.html

    Florida's concealed carry permit office http://licgweb.doacs.state.fl.us/weapons/index.htm l

    FAQ http://www.guncite.com/index.html and http://gunscholar.com/

    Purchase From Dealer

    There is no license or permit required to purchase a firearm (rifle, shotgun or handgun) in the State of Florida. However, at the time of purchase an "instant background check" is performed by the dealer calling an 800 number that connects him to the Florida Department of Law Enforcement (FDLE). The FDLE operator uses the basic information about you provided by the dealer (name, address, birthdate, Social Security Number, etc.) to check the state and federal computers to determine whether or not you have a criminal record, domestic violence conviction or are subject to a restraining order. If you have a clean record, FDLE tells the dealer that you are Approved, and the sale takes place. If there is a problem with your record the dealer is told that you are Disapproved, and he may not sell you the firearm. Assuming that you are "approved", you may take a rifle or shotgun home immediately. In the case of a handgun, you must wait three days to take it out of the store, a so-called "cooling-off" period. If you are approved, the state distroys the record of the call for the instant background and the dealer keeps a written record, which is later checked by the ATF. From a dealer, the minimum age of a rifle or shotgun is 18; for a handgun it is 21. Persons holding a valid Florida Concealed Weapon License are exempt from the handgun waiting period. Persons holding a Florida Concealed Weapons License must have the Instant Background Check performed. Sale or Transfer Between Individuals

    There are no formal requirements for the sale/transfer of a firearm between individuals. However, it is a crime for you to knowingly transfer a firearm to an underaged person, or to a person who you know to be otherwise disqualified (such as a person previously convicted of a felony). For private sales, the minimum age for a rifle, shotgun, or handgun is 18 and no waiting period or background check.

    Special County Requirements

    In accordance with a Constitutional Revision passed by the voters in November of 1998, any County within Flor

  189. Cue the gun nuts by misanthrope101 · · Score: 2, Insightful
    The irritating this is, I agree with the gun nuts, only they don't agree with me. I'm largely libertarian, and I largely oppose gun control. But they're still nuts, because they can marshall these cogent, well-reasoned, well-documented arguments against gun control, and tell you why the 2nd Amendment is necessary for freedom, but they consider anyone who supports any of the other nine amendments to be godless liberal hippies who hate America.

    If the gun nuts brought the same passion for freedom, the same skepticism for government intrustion, and the same unflagging vigilance to the other nine amendments as they do to the 2nd one, our country would be a much better place. But try getting them riled up about torture-induced confessions or preventing school-mandated prayer and that skepticism towards government vanishes. They're not really anti-government, but anti-anti-gun. They're very articulate and impressive one-trick ponies. So I give my money to the ACLU. It isn't perfect, but 9/10 is 9 times better than 1/10.

    1. Re:Cue the gun nuts by 99BottlesOfBeerInMyF · · Score: 1

      But they're still nuts, because they can marshall these cogent, well-reasoned, well-documented arguments against gun control, and tell you why the 2nd Amendment is necessary for freedom, but they consider anyone who supports any of the other nine amendments to be godless liberal hippies who hate America.

      You have just demonstrated the logical fallacy of argument by association. I do not believe you have psychic powers sufficient that you know what everyone who you label a "gun nut" believes. I don't believe that "most people" all hold the same beliefs about various rights. What you are doing is the same as people have done throughout history. You are arguing against a hypothetical person and the beliefs you assume this person holds as a representative of a huge group of individuals. By demonizing that person, you then try to justify your support or lack of support when you admit that is unethical.

    2. Re:Cue the gun nuts by FallLine · · Score: 1
      The irritating this is, I agree with the gun nuts, only they don't agree with me. I'm largely libertarian, and I largely oppose gun control. But they're still nuts, because they can marshall these cogent, well-reasoned, well-documented arguments against gun control, and tell you why the 2nd Amendment is necessary for freedom, but they consider anyone who supports any of the other nine amendments to be godless liberal hippies who hate America.

      If the gun nuts brought the same passion for freedom, the same skepticism for government intrustion, and the same unflagging vigilance to the other nine amendments as they do to the 2nd one, our country would be a much better place. But try getting them riled up about torture-induced confessions or preventing school-mandated prayer and that skepticism towards government vanishes. They're not really anti-government, but anti-anti-gun. They're very articulate and impressive one-trick ponies. So I give my money to the ACLU. It isn't perfect, but 9/10 is 9 times better than 1/10.
      Even though I support increased gun-control* and disagree strongly with their 2nd Amendment arguments, I fail to see the contradiction with the issues you point out. For instance, a local public school with mandated prayer actually does not run directly afoul of the 1st amendment. The relevant portion reads "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;". This is restriction of the Federal governments' ability to establish or prevent the practice of religion--it says NOTHING of the state or local governments rights to establish a religion, let alone do anything that can even be remotely construed as encouraging it (e.g., opposing vouchers being used by individuals to send their kids to parochial schools, kids forming prayer groups at school, etc). In fact, state governments at the time had and maintained for a long time official state religions and many other laws which regulated religious practice. It is only with a rather tortured legal reasoning that this has been Constitutionally applied to states and any other government entity. Whether you agree or disagree with this reasoning, one can logically support all of the bill of rights, yet still reject the ACLU's often over aggressive stance on school prayer of any sort.

      The gun advocates may be wrong, but they are not necessarily inconsistent in their reading of the Constitution just because they disagree with the ACLU on school prayer (or other issues).

      *I support allowing rifles for hunting & target practice and perhaps very limited private ownership of handguns (if someone can prove that they require protection)
    3. Re:Cue the gun nuts by 99BottlesOfBeerInMyF · · Score: 1

      ven though I support increased gun-control* and disagree strongly with their 2nd Amendment arguments, I fail to see the contradiction with the issues you point out. For instance, a local public school with mandated prayer actually does not run directly afoul of the 1st amendment. The relevant portion reads "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;". This is restriction of the Federal governments' ability to establish or prevent the practice of religion--it says NOTHING of the state or local governments rights to establish a religion, let alone do anything that can even be remotely construed as encouraging it (e.g., opposing vouchers being used by individuals to send their kids to parochial schools, kids forming prayer groups at school, etc).

      And just as soon as I can decide to have back the portion of my federal taxes that go to federal funding for those schools, I'll agree with you. If my federal tax dollars are funding it, however, then it is a federal institution and needs to be treated as such.

      In fact, state governments at the time had and maintained for a long time official state religions and many other laws which regulated religious practice. It is only with a rather tortured legal reasoning that this has been Constitutionally applied to states and any other government entity. Whether you agree or disagree with this reasoning, one can logically support all of the bill of rights, yet still reject the ACLU's often over aggressive stance on school prayer of any sort.

      Perhaps you missed the history class where they mentioned that states rights have been completely gutted and the federal government now collects almost all the taxes which it then gives back to the states bit by bit in exchange for acting as a subservient body to the feds?

    4. Re:Cue the gun nuts by FallLine · · Score: 1
      And just as soon as I can decide to have back the portion of my federal taxes that go to federal funding for those schools, I'll agree with you. If my federal tax dollars are funding it, however, then it is a federal institution and needs to be treated as such.
      I am not advocating school prayer. In fact, I tend to be against it (mandated or demonstrably coercive prayer in public schools that is). However, the point is that it is not necessarily inconsistent with a reasonable reading of the Bill of Rights to be against gun-control (at a Federal Level, mind you) and for school-prayer. It is only inconsistent if you acccept the argument that funding an institution that happens to support something is the same thing as Congress/Fed Gov't mandating it that same action.

      This is quite a stretch in my opinion. In other words, it is the right outcome (imho) but for the wrong reasons (tortured reasoning). With this same reasoning, why should it not be against the 1st Amendment to fund schools which prohibit students from the same free speech they are allowed outside the classroom (e.g., pro-Nazi agenda)? And while we're at it, should we also prevent someone on unemployment from going to church because then they'd be using federal funds to pay for gas money? Where do you draw the line?

      Perhaps you missed the history class where they mentioned that states rights have been completely gutted and the federal government now collects almost all the taxes which it then gives back to the states bit by bit in exchange for acting as a subservient body to the feds?
      Yeah, ad-hominem attack, hello? I know full well that there has been a huge and fundamental shift in the structure of government away from what was originally envisioned by the founders (a federal government with very limited and enumerated powers). This is no way changes my original statement though. Such a person's view may be at odds with the prevailing interpretation of the Constitution (e.g., the affection doctrine), but that does not automatically make it logically inconsistent (even if it is legally irrelevant today).
  190. firearms by falconwolf · · Score: 1

    And people wonder why one of my fave t-shirts back in the day was one that had the barrel of a handgun pointed at the reader with the words "Come back to Detroit / We missed you the first time" on it.

    I liked the sticker the father of a friend had on his front window, it shows a smoking gun with the words "any body found here at night will be found here in the morning."

    Falcon
  191. It's an easy one for states to get around.... by Kymermosst · · Score: 1

    Even if it turns out that the court rules that this applies to the militia and not to free citizens (which I doubt it will), there are workarounds.

    In Idaho, for instance, all males between the ages of 18 and 45 are members of the state militia. Would be simple to reword this to include everyone who could currently now keep and bear arms.

    --
    "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
  192. firearm ownership by falconwolf · · Score: 1

    If it's not a crime to have a gun, criminals *and* potential criminals will have guns. More people to defend oneself from.

    And more people who want to protect themself from criminals will have guns too. I'd rather have to coice to defend myself in a free society than to depend on the police to defend me in the nanny state. "Oh mr criminal can you wait while I call the police?" Bang your dead. Someone who faces an armed populace are less likely to commit a criminal act, whereas an unarmed populace makes for easy targets for criminals. And remember some of those terrorists on 911 only used plastic knives, are you going to make them illegal too?

    Falcon
  193. "Well-regulated" by j00r0m4nc3r · · Score: 1

    You keep using that term. I do not think it means what you think it means...

  194. what is the Constitution of the USA a limit on? by falconwolf · · Score: 1

    The Constitution is actually a limit on democracy more than anything else.

    Actuall the USA Constitution is a limit on government. It specifically enumerates what government can do and is limited to that. Unfortunately the government has been way past the limits put on it.

    Falcon
    1. Re:what is the Constitution of the USA a limit on? by jadavis · · Score: 1

      Actuall the USA Constitution is a limit on government.

      We have two ways of saying the same thing. People don't think of the Constitution as a limit on democracy because democracy is good, and everything else is evil. However, a limit on democracy is a limit on government. The founders knew that, in a more pure democracy, the majority would, for example, silence the minority through speech laws. So, the founders wrote "Congress shall pass no law...". That's a direct limit on democracy, and a limit on government.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
  195. Re:If they disallow gun ownership I'll move to the by Inthewire · · Score: 0

    Good point...my uncle Chuck was busy in Iraq with his Guard unit and my cousin Bruce was reassigned to Millington, TN with his Marine Reserve unit...I'm sure both of them would rather have been home in Jefferson Parish in the stead of invaders from the north.

    --


    Writers imply. Readers infer.
  196. Re:If they disallow gun ownership I'll move to the by Guppy06 · · Score: 1

    "it is the police and other government agents not allowing the people to "be the police" as you suggest.

    That whole "the police aren't obligated to protect you, but you can't take the law into your own hands either" thing."


    Is that it, or is it that gun owners don't wish to have the same restrictions placed upon them that the people have placed upon gun-carrying police officers?

    "Being the police" and vigilantism isn't the same thing.

  197. They are absolutely correct in their argument. by Charcharodon · · Score: 1
    The second amendment

    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.

    They are absolutley correct in saying that only memebers of the militia should have weapons. The only place their argument falls appart is the fact that the militia is more or less every able bodied person that is not in the army. So not only does the constitution protect the right to bear arms by Joe Blow Sixpack it says that it is a necessity that Joe Blow go train on the weekends with the militia.

    civilians trained as soldiers but not part of the regular army

    the entire body of physically fit civilians eligible by law for military service

    The part that I think they find very scary is that by the Constitution the average citizen can not only arm themselves but form an army in defense of their community that is completely outside government control. As long as they don't go criminal there is not a damn thing anyone could do about it. It would definitely put a funny spin on things if gangs stopped being thugs and actually protected their communities.

    1. Re:They are absolutely correct in their argument. by Lord+Kano · · Score: 1

      It would definitely put a funny spin on things if gangs stopped being thugs and actually protected their communities.

      At one time, gangs did exactly that. The Crips were originally a community group designed to protect people from other gangs. The foundation for many gangs was laid by the Black Panther Party, when the Panthers were crushed and drugs made their ascent gangs came along.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  198. Our most basic freedom: FREEDOM FROM FEAR by Anonymous Coward · · Score: 0

    The right to take reasonable means to secure one's personal safety (and that of your dependents) is the most basic and fundamental right anyone has.

    What good is anything else if you are afraid to go outside? The government isn't going to give you your own police escort just because you live in a bad neighborhood.

    It doesn't matter if people are more or less safe _as a whole_, although there's no reason to think that can't be accomplished by some other means than taking away people's freedom. What DOES matter is that if someone wants to kill you or cause you harm you have the right to take reasonable means to defend yourself.

    Are you a 100 lb woman? Well sorry, you're just going to have to learn kung fu or something if you don't want your crazy ex-boyfriend to kill you. That's what taking away guns means.

    Maybe people look at Britain and see people just getting raped or having the shit beaten out of them by gangs or crazies and see a little bit of paradise, but it's not even about about lethality. It is about NOT HAVING TO LIVE YOUR LIFE IN FEAR. Period. A life of fear is something that can affect everyone, not just people who get shot.

    I've been robbed at gunpoint before. I've also known people who have just gotten jumped by people who were completely unarmed and still had the living daylights beaten out of them for fun and a little bit of money.

    What's the difference? Is either a day anyone is looking forward to? All I know is I will never let anyone, be it a man with a gun or a gang of people with big sticks sit there and decide whether I am going to live or die with no say in the matter. One of us is going to die. Period. And that's the only way I can walk around this world and not be afraid.

    I've never even been in a fistfight and I don't ever go around looking for trouble. I don't expect to run in to trouble to tell you the truth, but I refuse to be afraid and will never again be a victim.

    There is no way to be any safer unless you can protect yourself, otherwise you're just lucky. Man is an inherently violent creature. We were killing each other when all we had were rocks and will kill each other until we destroy the world or truely evolve beyond it. We're getting better, but we've gotten so very very good at killing each other too. I really don't know if we are going to make it.

    Read 'Before the Dawn', a newer book about prehistoric man, and you will see how natural it all is. If Western Europe is less dangerous because of it's 'culture', I bet it's just because you killed off so many of your violent young men in so many wars, and perhaps the ones that were left saw so much truly unthinkable devastation they finally figured a few things out. (I think the better social safety net has a lot to do with it too, see below).

    My advice is the responsible, ACCOUNTABLE bearing of arms- as in prove you know how to use it and accept responsibility for any careless action or omittion. And enforce all gun laws STRICTLY.

    The most omportant point:

    The only way you really reduce crime is to not create criminals. And yes, by and large they are created. Children who are abused or neglected are the predators of tomorrow. We need to do a FAR better job of protecting these children so they learn how to be sociable and tolerant. A child who knows only violence and hate never learns any of the cultural lessons we've learned over centuries to be able to live together in (relative) peace. This is the place to start before we start even talking about limiting people's freedom. People in America don't want to pony up for social programs, but makes so much economic sense provided they are competently implemented.

  199. Some one tell Samuel Adams that he was wrong by SnprBoB86 · · Score: 1

    "The Constitution shall never be construed to authorize congress
    to prevent the people of the United States, who are peaceable
    citizens .... from keeping their own arms."
    - Samuel Adams

    Clearly Samuel Adams underestimated the stupidity of 21st century man. I'm pretty sure Churchill expected this...

    "The best argument against democracy is a five minute conversation with the average voter."
    - Winston Churchill

    --
    http://brandonbloom.name
    1. Re:Some one tell Samuel Adams that he was wrong by SnprBoB86 · · Score: 1

      I know it's bad form to reply to myself, but I was reading Samuel Adams quotes and realized that Adams definitely foresaw this:

      "Remember, Democracy never lasts long. It soon wastes, exhausts and murders itself! There was never a Democracy that did not commit suicide."
      - Samuel Adams :-)

      --
      http://brandonbloom.name
  200. how many deaths? by falconwolf · · Score: 1

    So, how many deaths per year are caused by passive marijuanna smoking, and how many are there by "But, but, it wasn't supposed to be loaded!"?

    Nada, none, zip, zilch, there's not one documented death by smoking hemp, er marijuana. However I know of one person who was killed while cleaning a .45. In the army a friend of mine had a fear, nightmare, that he would be killed by being shot by a gun. While stationed in Germany, where one of his grandmothers lived, he was cleaning weapons in the armory when the armorer who ran the armory was playing around, pointed the .45 at my friend and shot him. He "thought" it was unloaded.

    This isn't to say I support bans on firearms, the only gun or other firearm control I agree with is personal control of where the firearm is aimed and how it is fired. Oh, and I also believe hemp shoud be legalized once again.

    Falcon
    1. Re:how many deaths? by Zaphod2016 · · Score: 1
      Falcon, I am very sorry to hear that you lost a friend, but I think you *nailed it* by writing two very important words: while stationed. I assume your friend was in the military, and issued a firearm by the government directly. Even with DIRECT GOVERNMENT CONTROL and DIRECT GOVERNMENT SUPERVISION, an innocent man was accidentally killed.

      I see two options:

      a) Ban all firearms, including all military weapons. As we all know, doing this will result in invasion from aliens carrying boards with nails in them.

      b) Accept the horrible truth that some people will die from guns, others will trip down stairs, and yet others will spontaneously combust this year. No amount of control or supervision can stop this. The only way to mitigate these risks is education, which is an imperfect solution.

      TASTELESS JOKE ALERT:

      Just as soon as hemp is legal again, you, me, George Washington and Thomas Jefferson should hang out and order a pizza. I hear Tommy's stuff is so good that he once lost it completely, and gave in to the "jungle fever".

  201. weapons by falconwolf · · Score: 1

    while the rest of your post is pretty insitefull the last bit there i dont think applies well to the gun debate as marijuanna is not a weapon.

    Ah but hemp, aka marijuana, has been very important in war, the US government made and showed the movie Hemp For Victory to farmers to enncourage them to grow hemp during the Second World War. The cords of the parachute that George Bush Sr used when he bailed out of is plane when it was shot down in the Pacific during WWII were more than likely made from hemp.

    Falcon
    1. Re:weapons by skam240 · · Score: 1

      first off, none of that makes marijuanna a weapon. second, we're talking about personal marijuanna usage here, not the many diverse usages for hemp.

      --
      I ignore Anonymous Coward posts. If you want to discuss something, that's awesome. Log in.
  202. Re:This topic is a sad commentary on the polics he by Charcharodon · · Score: 1
    They are absolutely correct when saying the 2nd Ammendment applies only to the members of the militia, of course the silly bastards keep forgetting exactly what the militia is. It's not the National Guard, never has been, never will be.

    The militia is made up traditionally of all able bodied men, that are NOT in the ARMY.

    Throw in some women's lib and then suddenly the militia suddenly includes just about every person in the country that can hold a weapon.

    The word "regulated" in the case of soldiers and militia means well trained, so what the Constitution is saying if you are not out with your buddies training with your guns on the weekends, then you are a piss poor citizen.

    They can spin it every which way they want, trying to change the definitions, but their is well over a hundred years of precidence of militia, so they'll just end up loosing every time.

  203. Lies, damn lies and statistics by bidule · · Score: 1

    Just to be silly: there were no death by atomic bombs in the last 20 years, therefore atomic bombs are safe.

    What is important is the rate of accident, not the absolute numbers.
      How many car-related accidents is there for each car on the road?
      How many car-related accidents is there for each driver's license?
      How many car-related accidents is there for each hour of use?

    Now your entire house of cards is crumbling down like it deserved. I don't care which side you're on, you're not on the side of truth right now.

    --
    ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
    1. Re:Lies, damn lies and statistics by khallow · · Score: 1

      The original poster didn't claim that guns were safe, merely that they didn't result in extraordinary death rates when compared to other common causes of death. Further, unlike atomic weapons, guns are used all the time. So if they are somehow extraordinarily lethal for the use they receive, then it should be apparent.

      Your other comparisons don't really make sense. There are probably as many guns in the US as cars, but they kill considerably less than automobiles do. There are a lot more unlicensed gun users than automobile users, so comparisons of accidents per licensed user aren't particularly helpful. And use of guns versus automobiles is apples versus oranges, automobiles are intended to be used frequently while when guns are used, they are intended to either harm something or improve profiency at using guns for real.
  204. guns and crime by falconwolf · · Score: 1

    Gun-licensed countries -- practically those with bans have far far lower crime.

    Both of those links you provided were about deaths caused by guns NOT about crime rates being lower for countries that ban firearms. In the first page, Gun Deaths - United States Tops The List, crime doesn't even appear. On the second page the only place where "crime" appears is at the top where it says "Searching for U.S. Crime Stats? Check out StateMaster" and towards the bottum where it says " DEFINITION: Total recorded intentional homicides committed with a firearm. Crime statistics are often better indicators of prevalence of law enforcement and willingness to report crime, than actual prevalence. Per capita figures expressed per 1,000 population." Neither of these sipport your aims instead they are totally different things.

    Falcon
  205. Re:Great point, but you're missing something obvio by Just+Some+Guy · · Score: 1
    First, pedestrian deaths are always due to automobile mis-use (either accidental or intentional).

    That's ludicrous. The logical conclusion of that statement is that if a pedestrian somehow strays into the roadway and gets run over, then the driver misused their car by not causing it to decelerate from road speed to zero instantaneously.

    --
    Dewey, what part of this looks like authorities should be involved?
  206. Re:If they disallow gun ownership I'll move to the by khallow · · Score: 1

    Is that it, or is it that gun owners don't wish to have the same restrictions placed upon them that the people have placed upon gun-carrying police officers?

    I don't see the point you're trying to make. Generic gun owners are more restricted than police officers in how they can use guns in public or in enforcing public law. And a gun-owning police officer is subject to the same laws as any other gun-owning citizen except that that they can act as a police officer when they witness a crime being commited in their jurisdiction. So I'd have to answer "It is that".
  207. The Supreme Court Settled This issue 70+ years ago by rfc1394 · · Score: 1

    In the case of U.S. v. Miller, the Supreme Court during 1939 had to decide whether a sawed-off shotgun was a legitimate military weapon, which Jack Miller had been convicted in violation of Federal Law prohibiting posession of sawed-off shotguns. The issue raised was whether the federal prohibition on individual possession of sawed-off shotguns violated the 2nd Amendment. Miller died between the time his case was granted certiorari and oral argument was held, thus his side did not present any argument on the issue.

    If the Second Amendment is not a protection against government suppressing the rights of individuals, then why would the Supreme Court hear a case of an Individual arguing a Second Amendment right? Miller was not a state; if the Second Amendment is not a protection against the abridgement of the individual rights, then Miller had no standing and the Supreme Court would never have granted certiorari in the first place.

    --
    The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
  208. Eroding rights: privacy - check, free speech - by walterbyrd · · Score: 1

    check, free press - check, guns - check? . . .

    I am the only one who feels that the USA is becoming "the land of the free" in name only?

    Just in the last 5 years or so, many of our most basic rights have been substantially eroded.

  209. Re:finally a correct reading of the second ammendm by rahvin112 · · Score: 1

    Frankly, anyone who thinks for a minute the limited arms freedom we have in the country would allow the citizens to mount anything but a rouge campaign of terrorism if the military stood with the government in an attempt to establish a totalitarian state has smoked too much crack in their life. Your pistol, shotgun and Semi-auto AK-47 or AR-15 along with your neighbors in a disorganized insurgency means exactly nothing against a well trained fighting force. The Iraqi insurgency is far better armed than you (and is receiving state support) and is lucky to kill a US soldier a day while 1000's of insurgents perish every month. The right to bear arms doesn't safeguard our constitution one single iota. What safeguards our constitution is that our military supports and swears obligation to that constitution not elected leaders.

    By your definition any limits on the ownership of weapons should be illegal. In fact you are advocating that there should be the ability of any citizen to purchase anti-air missiles, RPG's, Anti-tank rockets, claymore mines, anti-tank mines, C-4 and other military grade explosives, tanks, fighter jets, naval frigates. By your definition the only limit to ownership should be what the individual purchaser can afford.

    If that isn't what you are advocating then you are making up your own interpretation and/or definitions. Either government has the power to limit the rights of ownership of "arms" (which includes all of the above) or they don't. There isn't some middle ground where you can say citizens can own X, but not Y because Y didn't exist at the time of the founders. You don't get to make up your own limiting definition of "arms" that only fits the items you think shouldn't be limited.

    Lets face a reality, without the word regulated and Militia in the sentence there would be no limit to what people could own. But a group of Justices in the 1930's ruling on such regulation of, and control of the "Militia" (as a recognized concept from the founders time) ruled that in consideration of the words of the founders in not only the constitution, but their DEBATES (at the constitutional congress) on the amendments, and their personal writings showed that the second amendment wasn't meant to give free reign to any citizen (as editorialized in other laws of the time that restricted ownership based on sex and skin color) to own any weapon they wanted. What the court ruled is that at the time the founders didn't want the FEDERAL government to limit ownership of firearms to prevent the STATES from being able to raise a well armed and regulated militia (any study of the period of time would reveal that the militia was an obligation of white men of age at the time, and in fact many states required the ownership and maintenance of a long rifle by every white male in that class as part of that regulation of the militia). Because if the federal government had the ability to take away the individual states abilities to raise an armed force than there could be domination of the nation by a small group of northern states at the time or even a foreign invasion (as their was no national army outside wartime). For example, had the 2nd amendment not existed the Northern states would have used the federal authority they could muster, with their larger civilian populations and as a result voting power, to disarm the south and stop slavery before the Civil war ever started.

    So either you believe in limits or you don't. You don't have to believe in no limits or making up your own definition of what "arms" are to support individual responsible ownership of firearms. And just because someone believes that limits are needed and supported by the framers doesn't mean that they want to take all your guns away. There is a middle ground on this issue and the only retards in the debate are ones that polarize the debate into two camps of either for or against.

    Personally after having studied the framers intent and the courts previous ruling on the issue, and subsequent 60+ years of denial to hear further c

  210. need for firearms by falconwolf · · Score: 1

    Seriously, what do you need a gun for?

    Selfdefense. Against both criminals and a tyrannical government.

    Falcon
  211. what are firearms needed for? by falconwolf · · Score: 1

    Yeah, a knife, a compound bow, and a chain saw can all be used as a weapon, but it also has a convenient use too.

    But tell me, what convenient use does a gun have? Apart from as a weapon?

    THe same thing as that compound bow for one. A good example I've used and seen guns used for is hunting for wild boar in Hog Valley, Florida around Ocala National Forest. Hunters know they need a hand gun even if they have a buzuka when boar hunting. It's also a good idea to have a trained pit bull.

    Do you have a problem with having to get a license for it?

    Yes I have a problem with it, the Second Admendment says nothing about licensing. If a robber or house invader invades my house I want protection, to be able to protect myself and my family, and I don't want to need a license to do this. I don't want to live in a nanny state or a police state.

    Falcon
  212. Basic Commonsense, Please by Anonymous Coward · · Score: 0

    An appeal to the literal words is cute, but unpersuasive. Take for example the 1st Amendment:
    "Congress shall make no law ... abridging the freedom of speech ...." It is clear today that freedom of speech is abridged, and that it has to be abridged. The example of shouting fire in a crowded theater is a common example. Aside from that there has long been laws against certain types of speech, even during the framing of the Constitution, for example lying in court, or intentionally spreading lies about a person. While I do not know if these laws were only at common law, or if they were statutory at the time, the current power of legislatures to act is not questioned.

    To make your view more convincing, you must bring forth more weight than the literal reading of one sentence.

    1. Re:Basic Commonsense, Please by Quila · · Score: 1

      The literal meaning is valid. Through it we know that the people who wrote it did not intend that only an army would get to have weapons, that having a weapon is a right of the people (not of the military). In fact, if you read further back behind the intent of the amendment, you can see that they actually intended to have an armed populace that could rise against the United States government should it become oppressive. Of course the statists in this country do not like that idea at all.

      Notice that freedom of speech ends at the exact point where you transgress on the rights of others, like perjury to wrongfully convict (or acquit, in which case the victim is harmed), damage to reputation (libel/slander) and fire in a crowded theater (your speech immediately led to physical injury during the stampede). The anti-gun lobby wants to prohibit the possession of guns even when the owner is not using them to transgress on the rights of others (as is the case with the vast majority of guns). I believe we all recognize that using a gun in a manner that directly transgresses on the rights of others should be illegal.

      Just for a little more information, did you know that most genocides and mass slaughters were carried out not long after the government disarmed the populace? Just ask the Jews and the Armenians, who were both disarmed prior to their slaughter.

  213. Re:This topic is a sad commentary on the polics he by Helsley · · Score: 1

    I do not believe your stance is a well-reasoned one, and the so called "rhetoric of the left" may have a more logical foundation than you are acknowledging. I am not an expert, but I would like to point out that there is strong empirical evidence to suggest that guns stolen from law-abiding households are a significant source of guns for criminals, and crime rates increase with the availability of stolen guns.

    All I'm saying is that everyone is subject to the certain external costs of private gun ownership, kind of like second hand smoke. There are ways to fix this, gun bans are one (evidently very unpopular) solution, but there are others.

  214. Wishful thinking, complete ignorance of history by some+damn+guy · · Score: 2, Informative

    Completely and utterly wrong. The National Guard=The United States Military, it is controlled by the Federal Government in wartime just as it is right now in Iraq. State Governors control the national guard the rest of the time. I see nothing in there about state governments, but I do see THE PEOPLE mentioned here. At any rate, 'militia' had a very specific and unambiguous meaning in those times.

    When the constitution was written, if your town or little piece of the country was threatened, all the men in your town got their guns together and went to the task at hand. You didn't 'enlist' like you do in the national guard, you didn't necessarily submit yourselves to the government's control (if you could help it, that is). It was completely ad hoc and nothing on the scale of a state wide organization (which like I said the national guard isn't really). That's the militia. The National Guard is the same as the Government's standing army (they just train less often most of the time).

    So what the constitution says is that you can get all of the men in your town together with their guns and train and organize yourself as a military unit. So all those 'militias' in Iraq they want to get rid of? Yup, those are consitutionally protected under the original United States constitution. In (some of) the Iraqi's defense, giving up their militias would put them at the mercy of their enemies since the government can't protect them. Starting to see where this came from?

    You have to put things in their proper perspective. Look at Europe in the Seventeenth century. The thirty years war wasn't really about governments versus governments (which were, along with their 'permanent' armies broke, ineffectual, decentralized and divided.) It was faith versus faith and tribe versus tribe. A lot like Iraq today.

    In such a situation, it was your militia against the world. The government couldn't protect you even if it wanted to. People with a memory of such a situation would never have been willing to let the nations army be their sole source of protection (and they would feel more afraid than safe it had the power to be it). The concept of nationalism didn't exist like it did today. People had much more personal loyalties than they do today. Protestants had killed catholics and vice versa for centuries without regard any notion of being 'countrymen'. People wonder why a bunch of deeply religious protestants created the first truly secular government in history, this is why. It's all the wars of Europe. The founding fathers knew their history and their realpolitik very well.

    So, saying the second amendment prohibits handgun ownership is a ridiculous exercise in the creative reparsing of eighteenth century grammar. It's like saying a law that establishes 'Catholics suck balls' as the national motto is fine because the Constitution says it's only unconstitutional to pass laws 'respecting the establishment of religion' (so DISrespecting it is just fine).

    Sorry friend, but change the constitution or shut up about it. Just because it seems more ambiguous today doesn't mean it was when it was written.

  215. Re:This topic is a sad commentary on the polics he by Anonymous Coward · · Score: 0

    I take it you don't actually read the comments before posting.

    Yes, this site is run by leftists and populated by leftists. That's why it's all for private gun ownership, as evidenced by the plethora of comments condemning this stupid court and interpreting the amendment in the proper fashion. This might come as a shock to you, but leftists actually like personal freedom!

    You have good intentions, but you should stop buying into rhetoric yourself. Stop listening to your fascist idols who point to the left as everything that's wrong in this world. In fact, forget the whole left/right dichotomy completely. It's the source of a heck of a lot of your country's problems. Divide politicians into "likes freedom" and "fascist". Stop voting along party lines. Stop thinking of leftists as communists, stop thinking of rightists as rich bourgeois. Once you've populated your government with people who aren't assholes, then you can start worrying about the finer details.

    America was such a good idea, it's a real pity the way it's turning out. I wish you guys would get your act together.

  216. From Slashdot's own FAQ by Anonymous Coward · · Score: 0

    What are the Slashdot Sections for?

    Your Rights Online
    News affecting your ability to live as a free, responsible person online belongs in the Your Rights Online (YRO) section. Spam, invasions of privacy, onerous licenses -- they all go here.

    Spells it out pretty clearly. This is for things that are, in fact, online. Online does not redundantly denote that this section is online.

  217. Umm try reading that again. by Warshadow · · Score: 1

    They seem to be ignoring the second part of the Second Amendment.

    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.

    Well darn. There goes that one!

  218. the Collective by falconwolf · · Score: 1

    How does a collective have rights? Beats me.

    Didn't you know the Borg has rights?

    Falcon
  219. citizenship for blacks by falconwolf · · Score: 1

    I think you need to read what leads up to that; since they are referring to the treatment under colonial and state law in the 13 original states to prove that at the time the Constitution was framed, it could not have been intended that blacks would be citizens, it is fairly clear that they aren't referring to the applicability of the federal RKBA under the 2nd Amendment, but rather state-law rights existing in the 13 original states that provided citizens with similar rights, to show that the states forming the US could not have intended that blacks could be citizens because very many of the states (particularly the slave states) could not have intended to be obligated to submit to giving black citizens of other states they same rights as they provided, under state Constitution and laws, to their own white citizens through the action of the privileges and immunities clause of Article IV, Section 2 ("The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.")

    Ah but blacks could be and some were citizens during the Revolutionary war. Only slaves could not be citizens but there were some free blacks previously then some blacks who fought in the War of Independence were freed, and they were citizens.

    Falcon
  220. I don't care if I win. by Anonymous Coward · · Score: 1, Interesting

    While there may be some debate about whether, in a general statistical sense, you are safer with a gun than without, that misses the point. What IS certain, however, is that if you posses a gun you are harder to victimize. There is also no question that virtually anywhere you go there will be people willing and able to hurt you.

    The question is, why do I can't I choose to protect myself? Isn't is reasonable? After all, whether or not I shoot myself accidentally or let my gun fall into the wrong hands is something I have complete control over, whereas whether or not someone decides to go after me is something I have almost no control over.

    Personally, I don't care if I win or not. If he kills me, fine. But I will never just stand there while someone makes a victim out of me. It happened to me once and it won't happen again. I don't like hunting, hell, I feel bad killing an insect, but next time one of us is probably going to die.

    I am not afraid of dying. Heck, dying from a bullet wound isn't a bad way to go. Even when it's not quick, it's still pretty quick. Dying of cancer... that's scary. Do you know why? The fear and the feeling of powerlessness. That is how I felt after I had someone really threatened to kill me. That is no way to live, so I will accept the risk of self defense, whatever it may be.

    If my hand is on my gun when I die, that is enough. I don't want anything from anyone except to live in peace, but I shall tolerate nothing less.

  221. Is this Online Enough? by Hercules+Peanut · · Score: 1

    What the hell does the second amendment have to do with my rights ONLINE? I'm still allowed to shoot people in games over the internet, regardless of what the handgun rights are here in DC.

    I can still buy guns online and I suppose that will go away soon now. So, this does affect my rights online.

    As I feared, now that the republicans have done as much damage to the first amendment as they can, the democrats will pick up where they left off on the second.

    Is it a little too conspiracy theory nutty of me to propose that they are really all in this together to just take power away from the people. That the democrats and republicans are pretty much the same when it comes to disdain for the constitution and the men who created it?

    O.K., it's late, this irritates me and I'm not in the mood to start quoting sources but saying it makes me feel better.

  222. WWZD? by drwho · · Score: 1

    What Would Zardoz Do?

  223. You know... by Mantrid42 · · Score: 1

    The great thing about the Second Ammendment is that you don't need it until they try and take it away.

  224. Guns protect us from our own government? by xswl0931 · · Score: 1

    If the intention is to allow me to protect myself from the government, shouldn't I be allowed to buy anti-aircraft, anti-tank, and assault weapons?

  225. unintellectual capacity of thread breached by scire9 · · Score: 1

    The unintellectual capacity for this thread has been breached. I'm appalled at the amount of people here who wish to flush *their* constitutional rights down the toilet. It's a right of the people. Who is the government (which derives its power from the people) to take it away, and why are people welcoming it? As I'm sure it has been mentioned in one of 900 or so posts before mine, "Those who would give up ESSENTIAL LIBERTY to purchase a little TEMPORARY SAFETY, deserve neither LIBERTY nor SAFETY." - Benjamin Franklin.

    Also if not already mentioned, "Isn't it funny that those who preach nonviolence are the same ones who 'don't trust themselves' with a gun? Well, if they can't handle it, that doesn't mean we shouldn't. " -- Cancer Omega, 1997 From attrition.org/technical/firearms/index.html which reflects most of my opinions on gun control.

    - scire

  226. What drives me nuts by Brad1138 · · Score: 1

    I know it's idealistic but I would like it if NO ONE other than police & Military had guns. Has anyone ever heard of a drive by stabbing? I won't have a gun in my house. It offends me that I "need to have a gun" because this nation has made it so easy for criminals to get them. The argument that we need to be able to defend ourselves against our government is ridiculous, how well does a machine gun do against a cruise missile?

    --
    If you could reason with religious people, there would be no religious people
    1. Re:What drives me nuts by EQ · · Score: 1

      Won't have a gun in your house? Put a sign out front to that effect if you truly beleive this to be proper.

      Lets assume the rapist doesnt have a gun either - your "gun free" fantasy society.

      You're away on business, he breaks in. Your wife has nothing to do but cower in the closet while trying to dial 911. And at 6'2 and 255 pounds, he slams your petite wife to the floor, then holds a knife to her throat and rapes her. Then cuts her caratoid and leaves.

      Still feel safe, moron?

      Add in a handgun. Loaded. In the bedside drawer, and you both go to the reange every month to be sure you can shoot it effectively and handle it safely.

      Bad guy breaks in, wife grabs the gun and the phone and tries to hide in the closet. Bad guy flings door open, she pops him with 2-3 rounds (out of the 6 she fires in panic). Even if he is armed with a gun, she has the sdrop on him and will get the first shots in before he can even bring the firearm he has to bear. Bad guy topples. Dead or wounded. No rape happening.

      Handguns are equalizers. They allow the less physical to defend themselves against the brute force criminal.

      Violent criminals have been around since the first guy picked up a stick and beat another one to death with it and then took his stuff.

      Handguns serve as a deterrent and as an equalizer. And they are used that way every years, especially by the elderly and by women, to defend themsleves against physically superior attackers.

      Your "need" for a gun is NOT the result of guns for criminals, its the result of *criminals* PERIOD. Get your thinking straight - stop putting the violence on the instrument, and put it on the person using it.

      --
      Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo! http://goo.gl/J9bkO
    2. Re:What drives me nuts by Anonymous Coward · · Score: 0

      The most common form of murder is by strangulation.

      So much for your gun theory. Maybe if those people be strangled had guns, they'd be able to fend off their much stronger attacker.

    3. Re:What drives me nuts by 99BottlesOfBeerInMyF · · Score: 1

      I know it's idealistic but I would like it if NO ONE other than police & Military had guns.

      Because you trust the military and police more than the average person? Do you know many people in either group?

      Has anyone ever heard of a drive by stabbing?

      Even assuming you could make all guns not owned by the police and military vanish and stop any more from ever entering the country you would succeed only in increasing violent crime. Look at South America and the devastating results of drive by pipe bombs and Molotov cocktails. More innocent bystanders are hit by shrapnel or seriously burned by these less directed attacks than by drive by shootings

      I won't have a gun in my house.

      Good for you. You choosing not to have one and I choosing to have one is called "freedom." You see, we each make the choice we think is right. Laws stopping either of us from making this choice is the lack of freedom.

      It offends me that I "need to have a gun" because this nation has made it so easy for criminals to get them.

      So what? Most of the country does not want to quadruple taxes to pay for enough police officers all the time to stop people from illegally getting guns. Even if they did, strict gun control statistically correlates with a slight increase in overall violent crime, especially beatings and a medium to large increase in robberies. What you are offended by (or should be) is the combination of human nature and society that motivates people to commit violence in the first place. Guns are an intermediate step. If you want to solve the real problem figure out why people commit violence and why they don't.

      The argument that we need to be able to defend ourselves against our government is ridiculous, how well does a machine gun do against a cruise missile?

      Ask the vietnamese. Small arms are an effective weapon in a civil war and greatly decrease the risk of an oppressive totalitarian regime by increasing the danger to those instituting such a system. If the government fires a cruise missile in downtown Washington DC, they just made more rebels than they killed including, perhaps, some of the soldiers being ordered to do it. A soldier who may be willing to go arrest a 16 year old kid for protesting because his freedom of speech has been taken away, may be a lot less willing to risk getting shot at while trying to kill a 16 year old kid who is fighting to regain his freedom of speech. It would be nice to think that an American soldier would do the right thing in either case, but the reality is something else.

    4. Re:What drives me nuts by Brad1138 · · Score: 1

      You're away on business, he breaks in. Your wife has nothing to do but cower in the closet while trying to dial 911. And at 6'2 and 255 pounds, he slams your petite wife to the floor, then holds a knife to her throat and rapes her. Then cuts her caratoid and leaves.

      Yes I am sure that as my wife is sitting down reading or in the kitchen that as the "bad guy" busts through the door, he will hold still when she says "just a minute, I have to get my gun from my bedroom". Man I must have posted during red neck hour.

      I guess the way I see it is the danger a gun brings into the house outweighs the extremely unlikely possibility of stopping a criminal with it.

      The majority of people I know cant understand why anyone would want to own a gun. If guns are great for stopping criminals, wouldn't shoulder fired missiles even be better? Or maybe a Laser turret? You could always have landmines around your house, and make sure all your friends know about them so only the criminals would be endangered. This isn't the Wild Wild west anymore, grow up, we live in a civilized society and are continually striving to improve it, I don't see a redneck state where everyone has a gun (yeehaw) as the direction we should be moving.

      PS it's spelled "carotid" I assume you where talking about the artery.

      --
      If you could reason with religious people, there would be no religious people
    5. Re:What drives me nuts by Brad1138 · · Score: 1

      Because you trust the military and police more than the average person? Do you know many people in either group?

      Yes, the "average person" is just that. At least the police and military have gone through some kind of background check and training. If you don't trust the police any more than the average person do you pull over when a police man is signalling you to?

      Even assuming you could make all guns not owned by the police and military vanish and stop any more from ever entering the country you would succeed only in increasing violent crime. Look at South America and the devastating results of drive by pipe bombs and Molotov cocktails. More innocent bystanders are hit by shrapnel or seriously burned by these less directed attacks than by drive by shootings

      I would prefer to look at Canada (a MUCH closer comparison) Canada has very strict gun control laws and there murder rate is about 1/3 of the United States'

      Ask the vietnamese

      You keep comparing the US to (more or less) 3rd world countries, can you not see the difference between South Africa, Vietnam and the U.S. Bush has our Country in the worst shape it has been in in my life, but a comparison with those countries is still ridiculous.

      --
      If you could reason with religious people, there would be no religious people
    6. Re:What drives me nuts by 99BottlesOfBeerInMyF · · Score: 1

      At least the police and military have gone through some kind of background check and training. If you don't trust the police any more than the average person do you pull over when a police man is signalling you to?

      Having known a lot of people in both the police and military I can say I trust them a lot less than the average person on the street. I have never met a police officer that did not have a "funny" story about abusing their power. I've never met one that did not outright admit to regularly breaking the law because they felt it did not apply to them. Of the military people I know, four a I know stole explosives for their own person use, one was arrested for spying on women with his night vision equipment, and one intentionally shot two unarmed people.

      Because the police and military are put in positions of power and authority they should accorded less trust than the average person since they can do more damage when they violate that trust.

      I would prefer to look at Canada (a MUCH closer comparison) Canada has very strict gun control laws and there murder rate is about 1/3 of the United States'

      Canada also has more snow than the US, are you sure that is not the cause of the lower murder rate? Perhaps snow stops murders? Or maybe you are now seeing the flaw in your logic? You have to look at multiple situations and look for common correlations. Sure Canada has lower crime rates. They also have socialized medicine which looking at the world in general correlates much more strongly than gun control with violent crime rates. They also have decriminalized many recreational drugs which, coincidentally, also correlates strongly with less violent crime. They also have lower wealth disparity which, coincidentally, correlates most strongly of all with violent crime rates around the world. The surprise would be if Canada did not have lower crime rates, not because of their stricter gun laws, but because of these other factors. There are numerous countries in norther Europe, South America, and Africa with similar gun ownership rates to the US, but which have orders of magnitude less violent crime. Coincidentally, they also are way ahead of the US in the three factors I mention above.

      You keep comparing the US to (more or less) 3rd world countries, can you not see the difference between South Africa, Vietnam and the U.S. Bush has our Country in the worst shape it has been in in my life, but a comparison with those countries is still ridiculous.

      That's a great assertion, now tell me how the US is qualitatively different from Vietnam in a way that would make small arms a less effective tool for civil war or revolution. What is it about the US that would make small arms less effective within its borders?

    7. Re:What drives me nuts by 99BottlesOfBeerInMyF · · Score: 1

      Yes I am sure that as my wife is sitting down reading or in the kitchen that as the "bad guy" busts through the door, he will hold still when she says "just a minute, I have to get my gun from my bedroom".

      If you have a good door, it might take some time to break down. Presumably there are parts of your house that she might be that are closer to your bedroom than the attacker would be and from which she could run to the firearm before he ran to her?

      Man I must have posted during red neck hour.

      This sort of ad hominem attack against imaginary stereotypes instead of actual arguments does nothing to bolster either your case or your credibility.

      I guess the way I see it is the danger a gun brings into the house outweighs the extremely unlikely possibility of stopping a criminal with it.

      It is entirely possible you are correct, based upon the risks of your locality and the competence of the people involved. It is also, sometimes, a failure of personal responsibility. I have little sympathy for those that would rather plead incompetence as an excuse for what happened, rather than empower themselves before something happens. If you can't learn to safely store and operate a firearm and are so unstable you can't be trusted with one, then by all means don't get one.

      The majority of people I know cant understand why anyone would want to own a gun.

      This is the logical fallacy commonly referred to as "appeal to the mob." What most people think has no bearing on what is correct.

      If guns are great for stopping criminals, wouldn't shoulder fired missiles even be better?

      This is the logical fallacy commonly called a "strawman argument" combined with the "slippery slope" fallacy. No one argued that a missile or land mines would be better for self defense for obvious reasons. Shotguns are popular in cities among responsible people because they have very low penetration rates and are unlikely to endanger someone you are not aiming at. Weapons that are likely to hit multiple targets are poor choices for home defense.

      This isn't the Wild Wild west anymore, grow up, we live in a civilized society and are continually striving to improve it, I don't see a redneck state where everyone has a gun (yeehaw) as the direction we should be moving.

      It never was the wild wild west outside of hollywood. Your emotive argument that you don't like guns is not a logical reason for society or any individual to get rid of them.

      In truth, I don't care one whit if you own a gun or not. Just so long as you support the freedom of every person to make their own choices, do as you please. What I don't support, however, are people who don't know about guns and haven't objectively looked at the risks and rewards posed by firearm ownership trying to pass laws to force others to make the same choice they have out of some irrational fear. Those people are worse than the person who buys a gun out of some irrational fear of being attacked, because the latter person's choice is still allowing for everyone to have freedom, while the former is not only irrational, but intent on making choices for others. In short, have any opinion you want, but don't try to legislate away freedom.

  227. I am leftist! by Tony · · Score: 1

    Let me throw in my voice as a left-leaning liberal:

    The second amendment is just as important as the first amendment.

    I am not a member of the NRA. I am opposed to gun control. I am a liberal.

    Contradictory? Sure. But I grew up in Alaska, where 10% of the population voted for Nader in 2000, and most own guns. The whole idea that left-leaning liberals are the only ones for gun control is idiotic. It's not about the left vs. right. It's about those who support individual liberties, and those who don't. Strangely, it's not left v. right, nor libertarian v. green, nor anything else that you can easily categorize.

    If you think American politics is strictly Republican v. Democrat, or R. v. D. v. Libertarian (if you are "enlightened"), you are drinking the cool-aid. Really, it's those who are for progress, and those who wish to cling to the status-quo. There are many who wish to cling to the status-quo who are for gun control, and many who are for progress that are also for gun control.

    As an idealistic left-leaning libertarian, I believe gun control is evil. Not just because it is against the second amendment, but because it strips personal rights. I believe the phrase, "A well regulated militia being necessary to the security of a free State" is a preamble (as any English major would say). It's not a prerequisite.

    Yet I am a liberal.

    Being a leftist does not mean you do not believe in personal liberty. It means you believe we are all in this together: that we rise together, or we fall together. This doesn't apply to a country: it applies to the world. We rise together, or we fall together.

    I believe in personal liberty, including the right to bear arms. (I have a pistol and a rifle, and the willingness and training to use them under the right circumstances.) I believe we have the right to say what we want, and to use our weapons to defend our right to say what we want.

    Being a leftist means defending our rights, and being willing to stand up for our all our rights. That's why it's here on Slashdot. And if you think you have to be a Republican to respect the Constitution, you have another think coming. I know a lot of republicans *cough*Bush*cough* who don't respect the Constitution.

    I am a leftist. And I love my Constitution. And I am willing to die defending it.

    Are you?

    --
    Microsoft is to software what Budweiser is to beer.
  228. Geeks in politics by TapeCutter · · Score: 2, Interesting

    Well said and the poularity of this article demonstrates your point. The notion that geeks should shun politics is simply failing to understand the nature of geeks. One important (almost definitional) trait of a geek is that they like to pull things apart in order to "fix" them.

    Geeks had quite a bit of influence when it came to writing the US constitution.

    Summarising the dust jacket of the linked book:

    Thomas Jefferson, able to read and understand Newton's principa. He gave scientific lectures on fossils while he was VP and had many inventions to his name.

    Ben Franklin, internationally renowned geek in his own lifetime.

    John Adams had an impecable geek education, including areas such as "Pnewmaticks, Hydrostaticks, Mechanicks and Opticks".

    James Madison was that most uncommon of beasts, a geek with lucid communication skills, he "peppered his Federalist Papers with references to physics, chemistry and the life sciences".

    I have never been to the US, I picked up the book a few years ago because of my casual interest in the history of science. Regardless of where you live, geeks have influenced politics since the days of stonehenge style calendars. I don't see any reason to deliberately exlude ourselves now.

    As for gun control, here in Australia anyone who keeps a gun in their bedside drawer for "self defense" is considered a dangerous gun nut. I grew up in the 60's and 70's and from experience can tell you it has not always been like that. These days the cultural objection towards people owning guns for "self-defense" is firmly set in legislation and the general population. It is so strong that the overwhelming majority (including myself) would kick anyone out of office who even suggested we go back to selling guns and ammo in supermarkets.

    There are no absolutes in life, and that includes the US constitution and freedom. Geeks with graphs have shown gun cultures pay a price for their "freedom" (OTOH: Iraq demonstrates the principle of a well armed malitia rejecting the US government). Science, politics and lawyers can only go so far towards changing a culture, the "big picture" was best expressed by a US president: "We have nothing to fear except fear itself".

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  229. This is sad... by core_dump_0 · · Score: 1

    This is a terrible confirmation of America moving towards a totalitarian state. The sad thing is, due to mandatory education dominated by the socialist left-wing establishment, most people agree with these arguments. They don't know the truth, that is, that without the right to bear arms there are no rights.

    The whole point of that right was to show that the people, not the government, were the ultimate masters. It does not matter that the militias were federalized - this is proof of ever-increasing socialist totalitarianism.

    As American society "progresses" more and more towards socialism, liberty becomes more and more doomed.

    For interesting reading, check out this Web site. It shows how all 10 planks of the Communist Manifesto are now a reality in America.

  230. Re:This topic is a sad commentary on the polics he by freeyourcrt · · Score: 1

    May god bless you then and may your aim be true.

  231. "Arms" is a pretty generic term... by Anonymous Coward · · Score: 0

    Are you sure they weren't talking about Nunchaku rather than firearms? This interpretation will definitely reframe the debate and will probably upset Chuck Norris quite a bit. I'm not kidding. He'll be pissed. California already outlawed them and look what happened to us!

  232. 10 USC 311 by abb3w · · Score: 1

    If what they claim is true, then by definition:

    This is a legal argument; you should use the legal definition. According to Cornell's wonderful handy reference, 10 USC 311 says (excerpting a bit):

    The militia of the United States consists of all able-bodied males at least 17 years of age and [...] under 45 years of age [...] and of female citizens of the United States who are members of the National Guard[...]. The unorganized militia [...] consists of the members of the militia who are not members of the National Guard or the Naval Militia.

    Clear? Good; now please give me back my BFG-9000, officer.

    --
    //Information does not want to be free; it wants to breed.
  233. Subject by Legion303 · · Score: 1

    The second amendment is about the right to protect yourself from your government. I don't think the founding fathers would have a problem with individuals owning missiles, tanks, or other weapons that put them at parity with a modern army, for just that reason.

  234. If you had studied 1787 Common Law texts: by DaedalusHKX · · Score: 5, Insightful

    You would have discovered the following:

    There are two types of militia, civil milita (unorganized civilians bearing own arms) and state milita (national guard, state troopers, standing forces, whatever is organized for and paid (and bearing arms owned) by the state).

    Well regulated meant only one, and possibly two things. You are reading "regulated" as in today's "regulations".

    Regulated, in the 1787 terminology, refers to only one thing. "Disciplined and officered." No joke, a militia with a set structure, even if self organized, is a "well regulated militia". The irony is that the term can also be read to mean "well equiped, trained and supplied."

    The ratification misdeeds do not even enter into it.

    What I find ironic, is that you are all begging for scraps from the tables of lords and masters with loyalties to anyone but you. Washington DC is a crime capital under a declared "state of crime emergency" since July or August of 2006 (don't remember the exact date). And it isn't just guns, some british guy got knifed and killed in his own driveway, which makes the "protect yourself by staying home" or "don't go into the dangerous parts of DC after dark" completely idiotic.

    Since most of you are socialist "democrats" or so called "liberals" (my how that term stopped meaning what it used to mean in Jefferson's day), perhaps this example comes closest to your hearts. Some time ago, in their home in Germantown (rich part of Wash, DC) Theresa Heinz Kerry got ROBBED while outside of their home. Yep, John Kerry's wife... the ketchup girl. Humorously, the news barely touched on it, presumably for fear that the properties there would stop soaring in price, and also that the DC 30year gun ban would go bust if even the big antigunners are being robbed at screwdriver point (making the gunban worthless, what next, piece of rock and treebranch ban?)

    (Frankly, I didn't know there were any "safe" zones in that DC, I've watched drug deals and "hot merchandise" deals, going on within plain sight of police squad cars (and the cops within them), and it wasn't a sting, nobody got busted AND there were no headlines or sirens/lights the whole day I was there. I left severely perturbed by that sight. I called the cops about it, and got the run around, they took my statement and basically blew me off. Guess if shots weren't fired, or blood spilled, it wasn't worth their time, though how would "shots be fired" in a gun ban city?)

    However, you are correct, the "founders" were two separate camps which are mistaught in history class, one was the rich fascistic overlords known as the "federalists" (a hijacking of the term that has stuck) and the other, the unprepared, populist/agrarian/Jeffersonian group, lead by the very vocal Patrick Henry and Samuel Adams, were the ANTI Federalists (of whom you may hear little or nothing in high school history and if you are fortunate, a tad smidgen from a libertarian professor in college, IF you are lucky). James Madison watered down the actual text, but the states all ratified the text THEY felt was necessary. Do some research while the National Archives are still available to the public. It might open everyone's eyes, especially since we're geeks, we're supposed to be libertarians at heart, seeking knowledge and truth, instead of being gimme gimme beggars and weaklings.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
    1. Re:If you had studied 1787 Common Law texts: by name*censored* · · Score: 1
      and also that the DC 30year gun ban would go bust if even the big antigunners are being robbed at screwdriver point making the gunban worthless, what next, piece of rock and treebranch ban?)
      Uh huh, and other countries that don't have gun bans are just as prevalent to violent crime as the US [/sarcasm]. The US has the highest number of murders/violent deaths in any western country by far, and (apart from canada) is the only one with such easy availability of guns. Now I'm not saying that guns are responsible for all the shootings, but taking them away is the easiest deterrant to stop stupid/violent/desperate people from going on shooting rampages or holding up liquor stores - it's either that or a nation-wide stability test with the mandatory jailing of those who fail.

      In fact, we (Australia) relatively recently (roughly 10 years ago) had a national gun ban scheme (in response to a massacre by Martin Bryant - we didn't have too many murders when we did have guns, so massacres aren't a commonplace thing). Since then, we've seen a MASSIVE drop in the number of murders per year.
      --
      Commodore64_love: I don't comprehend people who're so frightened of death that they'll bankrupt themselves to stay alive
    2. Re:If you had studied 1787 Common Law texts: by iamacat · · Score: 2, Funny

      Now I'm not saying that guns are responsible for all the shootings

      *Cough* Well, actually...

    3. Re:If you had studied 1787 Common Law texts: by Anonymous Coward · · Score: 0

      I think you mean Georgetown not Germantown.

      Germantown is a suburb of DC and is in MD. Most people would not call Germantown a rich town either - though they're certainly not poor.

    4. Re:If you had studied 1787 Common Law texts: by wyohman · · Score: 1

      especially since we're geeks, we're supposed to be libertarians at heart,

      I beg to differ. There's no inherent association between geeks and libertarians. I would suggest that anyone who would stake their future on the whimsy of self-serving political parties, is already a slave of the state. Instead of asking the government to do something, why not do it yourself.

      Cheers.

    5. Re:If you had studied 1787 Common Law texts: by sgtrock · · Score: 2, Insightful

      I call bullshit! Or is Switzerland no longer considered to be a Western country?

    6. Re:If you had studied 1787 Common Law texts: by msobkow · · Score: 1

      Excellant clarification of some of the terms involved.

      The most common explanations of the reasoning for the second amendment from a 10-15 year old Florida LE training course is that the "right to bear arms" and have a militia were to enable the population to resist the government itself if it ever became as oppressive as the British empire the US had just freed itself from. People were encouraged to keep watch on what government does, and a system of checks and balances were explicitly written into the fundamental document defining the roles and restrictions on government: the US Constitution.

      The amendments themselves are the most important points about the relationship between citizen and government, and you can generally treat the ordering of those amendments as the "priority list" in the eyes of the people and politicians of those times. Remember that the "founding fathers" were effectively the British empire's "hippies" -- rebels, activists, people with a different vision than "traditional government."

      --
      I do not fail; I succeed at finding out what does not work.
    7. Re:If you had studied 1787 Common Law texts: by Anonymous Coward · · Score: 0

      If you want something done about the cops and drugs, YouTube it. Even better if you include GPS co-ordinates, timestamps, and the cruiser's numberplate in the video.

      Of course, you'll need to find some way to upload it untraceably, and to have it re-uploaded by others once it gets pulled the first time. Not to mention making sure it goes to other video sites, not just YT.

    8. Re:If you had studied 1787 Common Law texts: by pissedoffamerican · · Score: 1

      I agree with every statement in that post. Long live Jeffersonian ideals.

    9. Re:If you had studied 1787 Common Law texts: by Ham_belony · · Score: 0

      It should be, everyone can own a weapon, but can not bear arms all the time. Only when that person or persons undergo a change to combattant activity in case of emergency where there is a threat to public safety. If the text would be applied more strictly, nobody in the US would have the right to bear arms when the above condition is not met. But they would be able to own arms so then can be called when an emergency would arise. When after Huricane Katarina hit southern US, they would have been in an emergency where there was a legit threat to public safety and people would have been able to form regulated militia to protect the public safety.

    10. Re:If you had studied 1787 Common Law texts: by 99BottlesOfBeerInMyF · · Score: 1

      Uh huh, and other countries that don't have gun bans are just as prevalent to violent crime as the US [/sarcasm]. The US has the highest number of murders/violent deaths in any western country by far, and (apart from canada) is the only one with such easy availability of guns.

      Actually, if you objectively researched this it is obviously not the case. Some of the countries with the lowest violent crime have nearly as high of gun ownership as the US. If you are serious about educating yourself instead of trying to find support for the opinion you already have take a look at the real correlations between violent crime and other criteria. You'll see that as potential remedies you'd first want to consider socialized healthcare, decriminalization of recreational drugs (not necessarily legalization), and reduced wealth disparity via either the aforementioned socialism perhaps combined with progressive inheritance taxes. Looking at the numbers that have not been discredited by peer review you'll actually see a slight negative correlation between gun ownership levels and violent crime.

      Now I'm not saying that guns are responsible for all the shootings, but taking them away is the easiest deterrant to stop stupid/violent/desperate people from going on shooting rampages or holding up liquor stores - it's either that or a nation-wide stability test with the mandatory jailing of those who fail.

      You assert this, but I've never seen data to support it. Usually what happens in the case of a new gun ban is a slight decrease in crimes committed with guns with a medium sized increase in violent crimes committed with other weapons and a large increase in robberies. If your goal is to stop gun crimes, great, but you'll have done so while creating a net increase in violent crime in general. Trying to stop a crime by attacking one of the tools is idiotic in my opinion. You need to address the motivations for said crimes to effect a real change. Enough robberies already occur with illegally purchased guns or with other implements so that for the typical criminal, fewer legal guns actually gives them more motivation not less. Think about it from their point of view. They don't think they'll be caught and punished or they wouldn't do it in the first place. Since most don't have a legal gun and even if they do committing a crime with it is an additional crime, how does banning guns deter them? If anything it reduces one motivation to not commit a robbery, that being the chances that they will be shot by a store owner.

      In fact, we (Australia) relatively recently (roughly 10 years ago) had a national gun ban scheme... we've seen a MASSIVE drop in the number of murders per year.

      That makes one data point, but have you actually looked at the available data set from around the world? Have you looked at the changes to the other, correlative items I mentioned? How have they changed over that time. Finally, while I'm not overly familiar with Australia in general, I do remember seeing a piece about politically motivated, drastic changes to the way they recorded and reported violent crime statistics, making some of the claims of a large drop very questionable.

      Whatever the case, from my look at the data and the studies I've read I think you're wrong about gun control as an effective means of motivating decreased crime. Further, I think there are a lot easier and less socially dangerous changes to initiate, if people would only educate themselves on the issues.

    11. Re:If you had studied 1787 Common Law texts: by cmckosaurous · · Score: 1

      Germantown is not in Washington DC, it is in Maryland. I think maybe you mean their residence in Georgetown?

  235. Citizens living in a federal territory (D.C.)... by Anonymous Coward · · Score: 0

    quit complaining. "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 District of Columbia is not a State.

    Am I the only one who thinks this?

    Josef

  236. Right to Bear Arms by Z34107 · · Score: 3, Insightful

    Perhaps consider the intentions of the framers. Thomas Jefferson said that "a little revolution now and then is a good thing", and the "shot heard 'round the world" was in defense of a private cache of arms about to be confiscated by the British.

    Jefferson, at least, saw revolution as another check against the government and weapons as a way to enable the citizenry to do this.

    --
    DATABASE WOW WOW
  237. US Constitution, version 2.0 by surfcow · · Score: 4, Insightful

    The US constitution was a best-effort. It was not written by god on a tablet. It's authors said it was deeply flawed and they hoped it would last 20 years. It needs an over-haul.

    Because smart people can't agree on even the most basic intentions of the constitution's authors. Do people have a right to arms or not? What kinds of arms? It there a right to privacy or not? Even from the government? It is NOT CLEAR. And it won't EVER get any clearer.

    Some people say that is the beauty of the document, it's flexibility and ability to be reinterpreted.

    I say bullshit. I don't want to hear about *implied* rights. Spell it out clearly, in contemporary english, with no spin. We don't live in the dark ages, we can examine the ideas of the past and use what is useful.

    I think we need to update the language of the constitution. Maybe we need a constitutional convention every 10 or 20 years as Jefferson suggested, to carefully clarify the language. Baby steps.

    And do we want to add new rights? Should there be a right to euthanasia, a basic job, basic health care, an abortion, basic shelter, a basic education, porn? How about freedom FROM religion? We seem to *effectively* have some of these rights, but not literally. Why not?

    Would someone please get Richard Stallman on this? And Linus Tovalds?

    1. Re:US Constitution, version 2.0 by Astro+Dr+Dave · · Score: 1
    2. Re:US Constitution, version 2.0 by baalz · · Score: 1

      Holy crap is that a terrible idea. Rewrite the constitution every decade? Are you out of your mind? Do you really want a rubber stamp congress working with George Bush/Bill Clinton/ to rewrite the scope of their own powers?

      The constitution is a contract between the people of this country, you don't go renegotiating it unless you have a VERY good reason and damn near everybody agrees. Politicians already twist and pervert everything they can out of the words that are there, deciding that interstate comerce includes recreational pot use and due process isn't really necessary for enemies of the state. Can you imagine where we'd be if these weasels were allowed to change the very wording to conform to whatever the war on drugs/terror/copyright infringement/communism/alchohol/abortion/nazis dictated was necessary?

      Yes its not perfect. Yes its dated. No, the government cannot be trusted to limit its own powers, that's the whole point of having a constitution. That's why we can "just update it".

  238. Personally by Anonymous Coward · · Score: 0

    I'm not a violent person. I don't even own a gun currently, due to my living in a college dorm. I plan to own a handgun once I'm living on my own.

    But if I did own a gun, and a government official tried to confiscate it, I would feel a terrible regret. Because that would be the last decision they ever made.

    And I don't think the government is stupid enough to think I'm the only one who believes this... any "restructuring" of the second amendment would lead to revolution. Period.

  239. D.C didn't improve; others got worse. by Kadin2048 · · Score: 2, Insightful

    The interesting thing about Baltimore being #2, and D.C. #3 or #4 this year is that everyone got bumped down a notch because Memphis came from behind at the last minute to steal the crown as Most Dangerous; D.C. or Baltimore didn't really do anything different.

    Although (and I live right outside DC, FYI) a lot of people here took this as some sort of good thing, it doesn't mean that the District got any safer necessarily, it just means that some other places got dramatically worse.

    Pretty much everybody I know has a "crazy District story" involving close proximity to someone who was being shot/stabbed/mugged, and there has definitely not been any dramatic improvement there lately (in fact, if anything it's gotten worse, with previously 'safe' areas becoming more dangerous). When there is a particularly high-profile incident in a revenue-generating area of the city (Farragut, Georgetown, etc.) there will be a lot of additional police presence there for a while -- classic security theater -- in order to keep people from doing their drinking elsewhere, but nothing really changes. (And if you do get yourself shot, beaten, or stabbed in the District, you can look forward the ineptitude of the EMS service; truly a winning combination.)

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  240. Not just Open Carry by Kadin2048 · · Score: 1

    I think it's also worth pointing out that in addition to Open Carry (which I have never seen anyone in Fairfax doing, and I think would probably turn some heads -- although I'm glad the police are aware of the law in this regard) Fairfax has the same Concealed Carry law as the rest of Virginia. Once you have a permit (which is "Shall Issue," basically the State is obligated to issue you a permit unless there is a reason to prohibit you from having one, on application) you can carry a handgun on your person, concealed.

    I suspect that the number of people carrying concealed handguns in Fairfax is far larger than the number of people carrying openly.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  241. Bill of Rights does not grant rights by RandySC · · Score: 2, Insightful

    The Bill of Rights does not grant rights to individuals. It spells out what government cannot do. The individuals had these rights prior to the creation of government.

    --
    Organization: alphabetical, sometimes numerical or messy
  242. Try Again by Kadin2048 · · Score: 1
    Your logic seems very fishy to me. Your whole argument seems to hinge on the difference between the First Amendment's use of a semicolon and the Second Amendment's use of a comma.

    Consider the Second:
    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.
    It seems quite clear to me that the first phrase is a justification for the right about to be conferred. If the right was meant to be limited to the militia, why use "the people"? There is no other place in the Constitution where "the people" is used to confer a right on a particular subgroup of people. As has been pointed out many times, if the right was really meant to apply only to members of such an organized militia, why use that wording? Why not say 'the right of the militia to keep and bear arms...'? The fact that this was not the phrasing chosen, and that "the people" was invoked specifically (as it is in other Amendments, where it has been clearly interpreted as referring to all citizens at the very least) seems quite clear.

    You're correct there's no semicolon between "...state" and "the right...", but there cannot be, since the first part would be a dangling phrase. Perhaps for clarity, a different verb tense should have been chosen ("A well regulated militia is necessary for the security of a free state; therefore the right of the people...") but one can hardly criticize the authors for wanting to maintain consistency with the tense of the rest of the document. The chosen wording is succinct, and when read in conjunction with the rest of the document's use of the term "the people," quite unambiguous. The minimalist interpretation you espouse would be quite ridiculous (disastrous, even) if applied elsewhere, there's no reason to single out the Second.

    Also, your anecdotes about New York City as misleading at best. New York City has had a handgun ban for decades, and only recently has become relatively safe -- for a very long time, while the ban was in effect, it was extremely dangerous. That the City is now safe owes very little to the handgun ban, and far more to the increased resources devoted to policing in recent years, combined with economic and social trends. There's no causation there between 'gun ban' and 'crime decrease,' since the two events didn't follow each other. If a handgun ban really was the ticket to safety, then it would have happened right after the ban -- but it didn't.
    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  243. Non Sequitir by Kadin2048 · · Score: 1

    I fail to see your point.

    Looking around the world, I see societies with fewer social and economic problems, and which consequently have less crime, and I see societies with more social and economic problems, and more crime. Frankly, it seems quite independent of gun control laws.

    Comparing Europe to the U.S. and saying that the difference in crime rates is due to gun control is naive and intellectually dishonest -- it neglects the vast social, economic, and cultural differences between places. Given the lack of effect of gun control measures at preventing crime within the United States -- which is far closer to a 'controlled experiment' than comparing the U.S. to another country -- I think it's far more likely that the crime in the U.S. has its origins elsewhere.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  244. Probably impossible to say. by Kadin2048 · · Score: 1

    That's a very difficult question to even attempt to answer. As soon as somebody might attempt to produce a statistic showing one way or the other, the validity of that statistic could be questioned on the grounds of structural racism.

    It's impossible to get statistics about who commits more crimes by race, because we don't necessarily even know how many crimes are being committed, and we don't necessarily catch the perpetrator (or even visualize them closely enough to ascertain their race). The closest you could get would be the percentage or number of people arrested for crimes by race, or convicted, or incarcerated.

    Most of those statistics (the ones I've ever seen) show a disproportionate number of minorities -- particularly black males -- being arrested, convicted, and incarcerated. One commonly cited figure is the percentage of black men incarcerated vs white men. But this is not necessarily equal to the number of crimes committed, since it assumes that a white and black person have the same odds, after committing a crime, of being caught, arrested, successfully prosecuted and convicted, and sentenced to prison. This is where various aspects of alleged structural racism -- intentional or not -- come into play. Questions arise about the different types of crimes and law enforcement attention paid to them, and which are more likely to be committed by each group, plus different punishments for each. Example: given two people with an equivalent amount of powder cocaine and crack cocaine -- crack being less expensive and more popular with minorities in cities -- the crack has far stiffer penalties for possession per gram.

    There have been studies done where people of different races did similar activities (sat outside a fast food joint, in the one I saw), in the same locations, and could consistently be assured of more police attention if they were a minority. While not entirely convincing, it provides some weight to theories that minorities are under more police scrutiny and are thus more likely to get caught in a similar crime (say property crime) than a non-minority.

    In the end, it gets so tangled that it's basically impossible to say with certainty that any particular 'race' is more or less likely to commit a crime (and then we can go back and forth on whether races actually exist in any quantifiable way). What does seem to be almost common sense though, are that some 'racial' minority groups tend to live in areas where crime exists at a higher rate than in areas inhabited by majority-group members. Though this would tend to suggest that they are more likely to be both victims and perpetrators of crimes (by virtue of proximity), the relationship isn't necessarily causative -- there's no evidence (that I've ever seen) that would substantiate calling the minority groups the source of the crime per se, or that if they were replaced by a socioeconomically similar but 'racially' different group, that the net outcomes would be different.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  245. Mod Parent Up by sxtxixtxcxh · · Score: 0

    +1, Patriot

    --
    for a minute there, i lost myself...
  246. Maybe the people are NOT the militia. by WhatDoIKnow · · Score: 1

    There is another way of interpreting the 2nd amendment reference to a militia; that precisely because a government must maintain a defense force (the militia) , then the people (individuals), must have the right to bear arms, should the government become their oppressor, and use the militia against the people.

    As many colonists felt England was doing, by using the Royal military to oppress English subjects in America.

    :wq

  247. First element of the colapse, "arms" vs "firearms" by IBitOBear · · Score: 2, Insightful

    I am most amused by this debate. I find it amazing that the whole country rolled over like a good dog when the knife, sword, and club were criminalized despite their clear existence as "arms". If I have common sporting equipment (baseball bat, eppe[sword variant], knife [e.g. dive knife, hunting knife, etc) I can be declared "armed and dangerous" and yet I am somehow not protected by my right to "keep and bare arms".

    Am I just being obtuse?

    Not really.

    Mos forms of legal erosion start way out in the conceptual boondocks. The water of compromise and common consent is forced under the foundation to rip away the necessary supports. One concession at a time we go from "defenders of democracy" to the modern inquisition at Gitmo. We slip gently from "free expression" to "free speech zones". The right to keep and bare arms to getting strip-searched for having nail-clippers or hair-gel in some allegedly sacrosanct setting.

    Rome didn't "fall" it "settled". It was poisoned from within by fear, petty weaknesses, and the inexorable force that is "shifting public policies".

    After careful consideration I would say that the second amendment can be translated into the following modern english:

    Each member of society has the right to be, individually, _at_ _least_ as well armed as any member of the government that claimes to govern them.

    Explicit in that concept is the simple fact that it is fundamentally in line with the founding fathers intent that I, or any other citizen, full well deserve to be able to "out-gun the local police" and so on.

    Lets face it, the "hunting" facade is bull. The automatic weapon exists to facilitate killing a number of people in quick succession. That is it's purpose, and that is _why_ it should be legal.

    In the criminal context, gun violence is an act of cowardliness. These people who go out into public and go "people hunting" or whatever invariably pick environments where there is little-to-no chance of taking return fire. They don't go people hunting at the police station, nor at the local gun-shop. They go to the MacKiddies fast food joint, and they don't do it in Texas. You walk into your local Old People's Buffet in Texas and start shooting, and Gran will haul her hog-leg out of her Granny Great-Purse and school you in manners. The simple logic of cowardliness says that "random" gun violence (as opposed to specific-cause-we're-feuding gun violence) is more likely as the gun carry prohibitions become more strict. It's safer for the gunman, and he knows it.

    In the political sense, the right to keep and bare arms is explicable just from casual perusal of a junior High American History book. When "The Red-Coats" were an occupying force they did a lot of crappy things to the locals, just like we are doing a lot of crappy things to the locals out there in the territory we are occupying. Those crappy things included arresting people for gathering together, or having guns, or printing leaflets; and breaking into people's houses and generally wrecking the place while fishing for _anything_ that might seem suspicious. (etc) Those abuses directly translate into the Bill of Rights.

    The bill of rights _Largely_ exists as a body of law that serves a _SINGLE_ unified purpose: to prevent "American Soil" from ever suffering another Occupying force, be that force Foreign or Domestic. That last word, "Domestic", doesn't just mean your neighbor, it most strenuously and explicitly includes "your president" and "those generals" and "the local sheriff" and "those DEA guys" and "the FBI/CIA/Homeland Security jack-booted thugs."

    If a community is pushed so far as to need to say "Enough!", the constitution exists to make sure that they can do so in whatever language and to whatever degree of stridency they find necessary.

    Which is as it is, because that is as it _should_ be.

    But we have not learned from the past, and so we are beginning to suffer the classically prescribed doom of repetition.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  248. Being a nerd does not equate to being enlightened. by sprocketbox · · Score: 1

    I'm a nerd. A lot of my friends are nerds. I work full time for other nerds. Please believe me when I say that I've met my share of nerds that are not enlightened. In fact, I've met some pretty damn dumb nerds over the years.

  249. I recall different. by DaedalusHKX · · Score: 1

    Libertarian Ideals and Libertarian Party are not one and the same. Hence why the "party" split up because one group thought the other to be lazy, weak and ineffective.

    I'm not a member of the libertarian "party" for that reason alone. The political party system is a joke. Hence I vote my conscience when I can, and that always makes me wish we had a REJECT option.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
    1. Re:I recall different. by wyohman · · Score: 1

      I have my own personal reject option. When in doubt, I vote for myself. I have no doubt that I'm as qualified as anyone else that steps forward.

      Cheers.

  250. Thomas Jefferson said it best... by db32 · · Score: 1

    The beauty of the 2nd amendment is that you don't need it until the government tries to take it away.

    --
    The only change I can believe in is what I find in my couch cushions.
  251. People are. by DaedalusHKX · · Score: 4, Insightful

    People kill. Guns hold NO responsibility. Neither does a kitchen knife hold guilt if some criminal breaks into your home and kills you with it. The criminal is too often absolved of guilt, with it being transfered to the item/weapon.

    Look at London. Now they got themselves a "knife amnesty", because criminals began using knives (naturally silenced, without need for sound suppressors). What is next? Tree branches and rocks are "causing" crushing blows to back of skulls? Steel pipe amnesty?

    If you want to see, go to a gun show. Perfect example of well behaved people, go to self regulated gun ranges, I've been to them all to experience it. Strange that nobody dies, and the few accidents are some idiot who didn't bother to study on the proper usage of the gear he/she is handling.

    While I am not a member of the "gungho" culture, I must say I admire the ones that practice what they preach within that culture (they carry, they're safe, they're responsible, and very few have had "accidents" or committed a crime with them... and worth learning from... unlike the geeks of today, who let those in power tell them what to use, and how to use it, including their bodies.)

    --
    " What luck for rulers that men do not think" - Adolf Hitler
    1. Re:People are. by canadian_right · · Score: 1
      The problem with guns, especially handguns, is that it makes it so much eaier to kill someone. If no one is armed with firearms a drunken argument will result in bruises, or a bit worse. A drunken argument where one or both sides has a firearm can easily result in death.

      Where I live owning a long gun is very common, but owning a handgun is extrememly regulated. Still, anyone who wants to, can get a handgun. There are also strict regulations controlling transporting firearms and storing them. Any gun being transported must be in a locked strong box. It is very rare for anyone, except some drug dealers and punks going night-clubbing, to carry a handgun. Guns deaths outside of drug dealers killing each other is quite rare.

      You are correct that guns are never a problem for law abiding people. But it is much easier for the police to keep the idiots unarmed with a blanket ban on carrying weapons. We also would not put up with the brazen displays of crimminal activity you depicted.

      It is my opinion that the root cause of the high death rate due to guns in the USA is due to cultural issues more than just the fact that there are lots of guns floating about. The USA simply has more sub-cultures than most countries that do not frown on using lethal violence to settle problems. No one locally would think that buying a gun would help "defend" their home, for example.

      --
      Anarchists never rule
    2. Re:People are. by iamacat · · Score: 1

      Come on, surely the way to start discussion is to accept obvious facts. There would be no shootings without guns. On the other hand, put a gun in the hand of a monkey and he just might figure out how to off someone after watching some action movies. Guns are sure responsible for all the shootings, although they are surely not responsible for all murder, just most of it currently.

    3. Re:People are. by bill_mcgonigle · · Score: 1

      If no one is armed with firearms a drunken argument will result in bruises, or a bit worse.

      What, they don't teach martial arts up there in Canada?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:People are. by pissedoffamerican · · Score: 1

      I'm a gun owner and a member at a private club, and safety is so strongly enforced I am almost afraid that someone will find something I'm doing wrong and report me, thereby potentially getting me kicked out of the club. (A lot of money down the drain, too.) Even I, as a former Marine, had to take the gun safety course to join the club. They don't screw around with that stuff. Legal gun owners are the last people you should worry about committing a crime.

    5. Re:People are. by Sph1nct3r · · Score: 1

      You're forgetting one important point. A steak knife is manufactured to cut a steak though it can also be used to murder someone. On the other hand, a 9mil has no other purpose but to take a life, certainly not cut steak. Handguns are created to fulfill a single purpose (except those who find them useful for hunting)

    6. Re:People are. by 99BottlesOfBeerInMyF · · Score: 1

      There would be no shootings without guns.

      Allow me to introduce you to the sling, bow, catapult, and a host of other devices that shoot, but are not guns.

    7. Re:People are. by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      You're forgetting one important point. A steak knife is manufactured to cut a steak though it can also be used to murder someone. On the other hand, a 9mil has no other purpose but to take a life, certainly not cut steak. Handguns are created to fulfill a single purpose (except those who find them useful for hunting).

      Anyone who supports the passage of a law based upon the presumed intent of another has made a fundamental error. How do you know the manufacturer of the steak knife is not creating it with the intent of capturing the murderer market? How do you know that the pistol manufacturer is not targeting the competition shooting market? Even when a pistol manufacturer has stated they are targeting the people killing market, what's the problem? It is legal and in my opinion laudable to kill people in certain circumstances. I just don't buy that banning tools often used for a given purpose works. People will find other tools, or if they plan to break the law they will ignore the other law too. Make murder illegal and there is no reason to make guns illegal. If you want to act proactively to stop crimes like this, target the motivation for the crimes, not the tools often used. (P.S. strangulation is the most common method of murder, go ahead and extrapolate what tool should be banned to stop those.)

    8. Re:People are. by Ravengbc · · Score: 1

      You bring up some good points. I fall into the "geek" category, but also very much into the "gun fanatic" category. I support the 2nd Amendment 100% and I'm against 99% of any type of gun control laws that people think up. What these morons today do not realize about the 2nd Amendment is that it was put into place because of the regular people who lived in the area and helped to fight off the English to get this country started. The men who wrote the Amendments knew that there was a good chance of us being attacked again, and they saw that it is a good thing to let the citizens keep guns. And I agree with what you say about guns not killing people. To all those people out there who think that outlawing guns, research other countries that have done so. One of two things will happen. 1. Only the outlaws will have guns. Or 2. The people who want to hurt and attack you will only do it with something else, like oh, a knife, baseball bat, hammer, crowbar, pencil, and pretty much ANYTHING they can get their hands on, including their own hands. Look at the stats in Autralia. If I'm not mistaken, they outlawed guns, and the murder rate actually went UP because all the criminals knew that the citizens didn't have any guns to protect themselves with. So what do all you damn liberals want to do, outlaw anything that can be used as a weapon? Tell you what, to all you people out there who are against guns, put up a big sign on your property that says something along the lines of "This property not protected by guns, knives, or any other weapon" and see what happens. Or, if some other country does have the balls to try to invade us (which is a posability that someone may try to do it) what are you going to do, stand there waving your white flags, saying something along the lines of "we're a gun free country. you can't bring that in here" while they walk past you and put a bullet in your ass, or are you going to grab a gun yourself and start fighting to protect this great country, where you have the right to bitch about anything you want? I promise you, when the shit hits the fan, whether it be while your in a store and someone starts shooting, or if the world is going into chaos (more so then what it is now) you will be thankful for all of us who support and practice the 2nd Amendment.

  252. Would it be a painful thing for you to consider: by DaedalusHKX · · Score: 3, Insightful

    Yeah, you aussies left yourselves disarmed. My great grandparents did that, and 10 years later they died at the hands of communists. I leave it to you, your head is in your hands, until you give it to the state, for they will gladly chop it off for profit.

    By the way, I watch the gun news, since its an interesting "blindness" of our media as well as YOURS. They report "murders" like our "sudden school shooting spree" right before elections (interesting coincidence isn't it?) and it stopped as soon as democrats got elected.

    Get serious fella, I checked the records of both men who did the "shootings" that lead to Rebecca Peters helping you ban your guns. They were both people who should've been behind bars, one even had a pages long record... but instead of prison, he was loose. Why?

    I've been asking this question for ages. I ended up starting to read the NRA news, because at least they did research on the part you don't hear in the actual news "media". You know, that part where they searched the RECORDS of the criminals comitting CRIMES, and asking Why were they not behind bars where they belonged?!

    I'm sure the gun ban freaks would love to ask THAT question. Otherwise expect to die by knife, and expect the news NOT to mention it... after all, it would rescind the gun bans.

    But keep alive that socialist mentality. That way those of us who produce, have to produce for you people too. And I'm sick and tired of writing a check to feed you.

    Maybe I'll quit at suck at the tit as well.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  253. Oh FFS by Darkman,+Walkin+Dude · · Score: 1

    Hunting rifles and ammo are deadlier than military rifles and ammo, Hunting ammo is designed to expand as it passes through tissue. The ammo used by hunters would result in a war crime if used by the military.

    What a pile of rot. High explosive armour piercing rounds for the AK have been available in eastern europe for a long, long time, and they are a good deal worse than your dum dums. Also your hunting ammo is to all intents and purposes worthless against body armour; armour piercing doesn't deform much / at all on impact.

    1. Re:Oh FFS by AHumbleOpinion · · Score: 1

      "Hunting rifles and ammo are deadlier than military rifles and ammo, Hunting ammo is designed to expand as it passes through tissue. The ammo used by hunters would result in a war crime if used by the military."

      What a pile of rot. High explosive armour piercing rounds for the AK have been available in eastern europe for a long, long time, and they are a good deal worse than your dum dums. Also your hunting ammo is to all intents and purposes worthless against body armour; armour piercing doesn't deform much / at all on impact.


      Hunting rifles tend to be accurate and scoped. So they are more akin to the low end of sniper rifles, head shots would be more natural, body armor less of a factor. However ...

      The high explosive armor piercing round are not for use against personnel, that would be a war crime. Could they be loaded and fired illegally, yes, just like the hunting rounds. Military rounds used against personnel may be armor piercing but they just make relatively clean smaller holes than hunting rounds. Unless you are wearing pretty heavy and modern body armor, ordinary civilian rounds from a hunting rifle will easily penetrate body armor. Hence the ceramic plate inserts. Hunting rifles often use the same ammunition as military rifles, 30'06 (WW1, WW2, ...), 7.62 NATO = .308 Winchester, 5.56 NATO = .223 Remington, even the AK's 7.62x39 mm is used in some lightweight hunting rifles. So, the exotic ammo taken off of enemy dead could be fired by hunting rifles.

    2. Re:Oh FFS by Darkman,+Walkin+Dude · · Score: 1

      Sigh. Type 3+ (basic military) armour will stop most shots and helmets are there to stop headshots. If you are reduced to scavenging ammo from enemy combatants that you can't kill without the ammo you scavenged from enemy combatants, you have already lost. Dum dums are still worthless against an armoured foe, as are hunting rounds.

    3. Re:Oh FFS by AHumbleOpinion · · Score: 1

      Type 3+ (basic military) armour will stop most shots and helmets are there to stop headshots. If you are reduced to scavenging ammo from enemy combatants that you can't kill without the ammo you scavenged from enemy combatants, you have already lost. Dum dums are still worthless against an armoured foe, as are hunting rounds.

      You don't need scavenged ammo to kill, the scavenged ammo is just a secondary benefit, a convenient resupply. Body armor does not cover the entire body. Wounds to the arms, legs, and especially the lower abdomen that would be survivable with military rounds would be far more traumatic with hunting ammo, bleed out and death far more likely to follow. Also, hunting rifles are often far more accurate than service rifles, especially so for AK class weaponry (mentioned due to original post), so avoiding armor (if necessary) is far more practical. Even if wearing armor, it does not necessary provide equal protection in all regions. There is a trade off between protection and freedom/range of movement. Attacks to the side, upper abdomen / neck, etc are still likely to be vulnerable to a civilian high power rifle round. The protection in that area is usually designed for shrapnel.

    4. Re:Oh FFS by Darkman,+Walkin+Dude · · Score: 1

      I could say the same things about crossbows or even spears. In fact crossbows are more useful against modern armour than hunting rounds.

  254. Re:If they disallow gun ownership I'll move to the by gregorio · · Score: 1
    You're forgetting the flip-side of that statement: in a country that allows gun ownership, you're expected to be the police. The United States is a country where people are trying to have their cake and eat it too; they want to own a gun, but they often want it as a penis extender, not to use it to secure public safety and promote domestic tranquility. Most gun owners still want the police to be around to get their hands dirty.
    Expectation doesn't mean anything. Personal guns are about self-defense, not public defense.
  255. Goldie Lookin' Chain by Anonymous Coward · · Score: 0
    People kill. Guns hold NO responsibility. Neither does a kitchen knife hold guilt if some criminal breaks into your home and kills you with it. The criminal is too often absolved of guilt, with it being transfered to the item/weapon.
    Guns don't kill people, rappers do.
    I'm a f**king rapper and I might kill you!
  256. A Few Errati to Concider by flyneye · · Score: 0

    The District of Columbia is not one of the several states to which the Constitution apply.It is part of the FEDERAL United States(like Federal court houses,military bases,nuclear test sites,etc. Different laws (though some may seem similar)apply there than the several united states( New York ,Kansas,etc.)
    A well regulated militia is made up of the citizenry,duh!There are several militias(yeah, yeah, some are nuts and extremists some are not)This is handled at a County and State level.Most are regulated by a local sheriff.
    The states have already spoken on gun,handgun and concealed carry laws,liberals can get over it,get a majority to change it or move elsewhere,comrade.)
    There are more citizens with guns than bureaucrats and lawyers.
    Mostly the press doesn't research the articles it writes like the one this refers to,or you would already know this stuff.

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  257. Reasoning for having guns.. by segfault_0 · · Score: 1

    The best reason for having guns is how the US was created - how can anyone say that the circumstances for needing to revolt against ones government cant occur if thats how said government was formed. It makes no sense. The way I see it is the people asking for the gun bans are shortsighted and probably cant comprehend, beyond the words on the pages of history books, what the founding fathers of this country did and what it meant. If we give up our right to determine our own futures we deserve whatever future we a given - good or bad.

    --

    I was crazy back when being crazy really meant something. (Charles Manson)
  258. Federalists by ChrisMaple · · Score: 2, Interesting
    'the rich fascistic overlords known as the "federalists"'

    There are so many ways to refute this libel I hardly know where to begin.

    A class of overlords must be a small minority, or there isn't any significant population to lord over. Despite this, the Federalists won the first three presidential elections.

    You should read more of what the founders actually wrote. Even Alexander Hamilton, considered by many to be the major big government advocate among the Federalists, was greatly in favor of maintaining freedom.

    The sort of totalitarianism represented by fascism was abhorrent to all the founders.

    --
    Contribute to civilization: ari.aynrand.org/donate
  259. Really? by DaedalusHKX · · Score: 2, Informative

    I must have missed the part where Pres Jefferson was a "Federalist". Washington was. Adams was. That's 1 and 2. Jefferson was a devout anti federalist. So was Patrick Henry and Sam Adams, both of whom sought to boycott the 1787 Con Con. George Wythe of VA went, and along with most of the other "signers of the declaration" (those who risked something for America's United States) voted NO. The only ones who were pro, and who also signed the declaration were Hamilton, Washington and Madison (Madison was turned to antifederalist later on by Jefferson, but sadly far too late to save this country from the totalitarian shift started by Hamilton.)

    Hamilton was also pro child labor/slavery, and he admired seeing the poverty forcing children into long labor in england ("producing goods at low prices in that industrious nation").

    And they didn't "win" the elections... The fact that Jefferson won the third one, may either be a fluke, or perhaps the truth was spoken in several books about Aaron Burr.. Aaron was FAR more anti big government than jefferson, and far more effective, Hamilton engaged on a major mud slinging campaign to prevent Burr from reaching the presidency, Jefferson, while effective, wasn't a strong enough president. Burr would have been. At this point, enraged, Burr began to react to Hamilton's slanderous comments, and eventually it lead to the duel where Hamilton's reign of heavy handedness ended, as all tyrant types, always do. With a bullet.

    The electoral system has been under questioning for ages.

    Seriously, your first mistake is not even knowing US history (other than the quick tripe taught in American History in high shool). Your second, is trying to absolve Hamilton of his abuses. If Aaron Burr had not shot Hamilton in 1804 in a duel, our country would've been conquered by a central bank from the onset, long before Jackson could've vetoed the second central bank, and far longer than it took for the Federal Reserve to be established for exactly that... to impoverish the populace by overspending and devaluation of currency.

    I know you'll come up with some direct attacks on me, but do your reading, "libel" involves the comments NOT being true. I've done heavy research on this over the years, and, quite frankly, I am having trouble enduring the ignorance of US history I am seeing here in the USA.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
    1. Re:Really? by CrimsonAvenger · · Score: 1
      I must have missed the part where Pres Jefferson was a "Federalist". Washington was. Adams was. That's 1 and 2. Jefferson was a devout anti federalist.

      Umm, he said "first three Presidential elections", not first three Presidents. Washington was elected twice. In fact, the custom (ignored by FDR for reasons that seemed good to him at the time, and may, in fact, have been good for the rest of us) of the President serving only two terms was a result of Wshington's precedent.

      Note that after FDR, the Republicans (and Democrats who disliked FDR) pushed through an Amendment to the Constitution ensuring that noone else would ever violate Washington's precedent.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  260. Guns are designed to kill/destroy. by Pyramid · · Score: 2, Insightful

    Lets be crystal clear about this point. Guns are tools for killing/wounding, there can be no question about this.

    The real question is, however, under what circumstance is wielding that power justified or even necessary? I believe it is my fundamental right, under clear and limited circumstances to kill another human being. I do not relish this right nor to I wish to ever have to exercise it. However, if in the course of my life I'm called to defend self or loved ones against grievous harm, the kind which justifies taking the life of another human, I want the tool proven most effective at killing. A gun.

    I am not a muscular man nor schooled in hand to hand combat arts. However, I'm perfectly able to operate and maintain a firearm. The Constitution, beyond the 2nd amendment speaks of inalienable human rights (as well as government having no authority over them, enumerated or not). I contend it is my inalienable right to defend myself (and others) from harm, even if that means resorting to lethal force.

    Though guns are specifically designed to kill/wound, they do not cause death/destruction. Simply put, it is the intent of the wielder of the weapon that gives cause to the act. I contend that for every gun related murder reported, thousands, if not millions of guns are responsibly owned and maintained my law abiding citizens with nary a single bullet ever directed towards a human.

    It is already illegal to murder a person, but the crime still occurs. The argument that gun ownership makes it easier or predisposes one to commit murder is bunk. The type of person who considers murder as a viable option under any circumstance is not likely to be swayed by (a lack of) gun ownership. That person is a societal problem laws do not deter. Ban guns and now I, a law abiding citizen have a greatly reduced chance of repelling this person.

    Since we don't live in a world of force fields and phasers, the most effective method/tool of stopping one who is bent on causing me and mine bodily harm is the kill them with a gun.

    Pyramid

    --
    ~Any apparent grammatical or typographic errors are caused by defects in your display device.
  261. I see two options: by falconwolf · · Score: 1

    Falcon, I am very sorry to hear that you lost a friend

    Thanks.

    b) Accept the horrible truth that some people will die from guns, others will trip down stairs, and yet others will spontaneously combust this year. No amount of control or supervision can stop this. The only way to mitigate these risks is education, which is an imperfect solution.

    I prefer b, above.

    Just as soon as hemp is legal again, you, me, George Washington and Thomas Jefferson should hang out and order a pizza. I hear Tommy's stuff is so good that he once lost it completely, and gave in to the "jungle fever".

    Ah, TJ, Thomas Jefferson, was a big supporter of hemp. He once wrote that farmers should be required to grow hemp, however he never followed through with proposing such a law because he knew such a law woud violate farmers rights. He also invented and patented a gin mill, much like cotton mills, to make threads, cloth, from hemp. And he wrote the Declaration of Independence on paper made from hemp.

    Jungle fever? With Sally? Thomas Jefferson was a contradiction. Though he owned slaves he was against slavery, and in early drafts of the DOI he included blacks and women as having the same rights as men. Eventually this was dropped because others of the Founding Fathers believed in slavery and would never go along with the DOI if it contained these rights for all.

    Falcon
    1. Re:I see two options: by Zaphod2016 · · Score: 1

      As I understand it, every U.S. President before Lincoln understood that slavery's days were numbered, but like Jefferson, understood that it was not going down without a fight.

      Personally, I'd like to believe that Jefferson simply found Ms. Hemmings an attractive woman, and was a few centuries ahead of his time. If I recal correctly, Franklin once brought a 13-year-old prostitute to one of the constitutional conventions, despite objections from Hamilton.

      Of course, now I'm really begging for an "offtopic" mod, so I best shut up.

  262. Nitpick -- inaccurate statement. by QuestorTapes · · Score: 1

    > citing that the right to bear arms only applies to 'a well regulated militia.'

    Nitpicking on terribly poorly worded statement.

    The second amendment states: '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.'

    Which clearly guarantees the right to keep and bear arms to -the people-.

    Arguing that the -goal- of the amendment, based on the stated desire to promote a strong militia, is to limit gun ownership to 'official' militiamen is reasonable, although I don't support that view. But the -language- clearly states that the right applies to the people.

    You can state that the -intent- is that it should be restricted to a 'well-organized militia' and people may argue about whether you are right or wrong, but you can't 'cite' language that isn't in the document.

    Breakdown of amendment:

        'A well regulated Militia': what is the goal of the amendment?

        'being necessary to the security of a free State': why do we want to have
                    a well-regulated militia?

        'the right of the people': who has the right?

        'to keep and bear Arms, shall not be infringed.': what right do they have?

    I'm not saying, "They can have my gun when they pry it out of my cold, dead hands". I don't own any guns.

    I'm saying, lawyers are -supposed- to be well-educated people, trained to think clearly and express themselves clearly. Unless, of course, they are intending to mislead someone... Nahh; D.C. lawyers are too ethical to do something like that ;>

  263. Franklin and Hamilton by falconwolf · · Score: 1

    If I recal correctly, Franklin once brought a 13-year-old prostitute to one of the constitutional conventions, despite objections from Hamilton.

    Now I hadn't heard of this, though it doens't supprize me Hamilton wold have a disagreement with Franklin. Hamilton supported a strong federal government whereas Franklin believe the states should have more power.

    Falcon
  264. My only reply to this is... by DaedalusHKX · · Score: 1

    How in blazes can the idiots be kept unarmed, when they are the ones that will NOT be abiding by the blanket ban.

    Plus, if you read statistics, most cops die from wounds suffered from their OWN handguns.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  265. Okay, you put a gun on a shelf, and show me: by DaedalusHKX · · Score: 1

    Will there be any shootings if we all have guns but are wise enough and raised with enough responsibility to know that if we commit a murder in a town full of armed citizens (parts of Idaho come to mind), we're likely to die before we get out of town?

    Besides, most murders are NOT comitted with guns, and never were. Axes, knives, poison, cars, cans of gasoline, solvents, etc. Many ways people are murdered that rarely include guns. Guns are simply the way to fight back. Thus the world government needs to stifle them and reduce them ineffective.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  266. Okay, tell you what, you get drunk with a gun on u by DaedalusHKX · · Score: 1

    And I'll bring a knife or bottle neck, or my barehands.

    Betcha I can kill you long before you "bruise" me, or *gasp* "shoot me". (And you'd be lucky that I am not a violent man, nor do I enjoy the sight of blood, except in my food (rare steaks)).

    The one corollary to "don't bring a knife to a gun fight" is "don't bring a gun to a knife fight".

    It tends to get you killed when you forget that statistics show a knife or club wielding goon can cover 21 feet while you take the gun from its holster, and if its a point blank fight, a knifeman can slice you open LONG before you've even reached the gun grip.

    I studied a lot of defense tactics against armed goons, especially while unarmed or taken by surprise... I used to live in the big "gun wielding american cities".

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  267. No shootings without guns? by DaedalusHKX · · Score: 1

    Interesting. I'm gonna buy a bow, since that means I'll never shoot anyone with it. How about slingshots?

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  268. Re:This topic is a sad commentary on the polics he by Anonymous Coward · · Score: 0

    ...leftists who have bought into the rhetoric of the left which calls for the disarmament of the people as a pre-requisite of their disempowerment and disenfrancisement.

    Uhm, that's just not true. In reality the leftists have "bought into the rhetoric of the left which calls for the disarmament of the people as a pre-requisite of their enlightenment and emancipation." They're not evil tyrants, just ignorant pansies with some really dumb ideas.

  269. I have no military experience, but... by SanityInAnarchy · · Score: 1

    I'd guess that your main advantage is training, not tech. Tech may eventually give you a significant advantage in this situation, but we're not there yet. Looks like body armor is the best advantage you've got.

    --
    Don't thank God, thank a doctor!
  270. come on now by wilec · · Score: 1

    psst! I built scratch made black powder rockets at age 12 with items I got at the local drug store and empty toilet paper or cigar tubes. And there are plenty of more effective and a lot more nasty things that can be built from VERY common items. American civilians have access to a lot more materials that may be used as weapons than the resistance in Iraq and Afghanistan. Industrial and agricultural product supply houses would be at the top of the list, the local hardware or grocery store at the bottom. Take the average automobile: gasoline, oil/grease, sulfuric acid, lead, ceramics, antifreeze, rubber, vinyls, plastics, aluminum, glass, steel, and even platinum, you would probably be surprised to learn that there are plenty of materials in your automobile for several really nasty weapons. The stuff under your kitchen sink, in your laundry room, garden shed or beside your propane grill is very likely to be just as useful. Hell your own body provides excellent weapons materials most every day, spit, feces and urine can be used chemically or biologically as weapons. All it takes is: (A) A reason for one to do so (B) Basic knowledge of chemistry/biology and a little elbow grease (C) there is no C, see how easy it is! Not to mention that the nasty effects of a lot of these improvised devices/methods would make getting shot with a hunting rifle sound like a good way to go.

    Wabi-Sabi
    Matthew
    http://hypersynergy.com/

  271. Been there, done that. by DaedalusHKX · · Score: 1

    And it felt good, I agree.

    Cheers back!

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  272. Re:Okay, tell you what, you get drunk with a gun o by bill_mcgonigle · · Score: 1

    The one corollary to "don't bring a knife to a gun fight" is "don't bring a gun to a knife fight".

    Yeah, the thing I can't figure out from the Canadian's example is how bar fights are more likely to be deadly with handguns. I'm still working on accuracy with mine (I don't get out to the range often enough...) and I can't imagine one being able to hit anything with any accuracy if inebriated. Someone might prove me wrong with studies, but the slashing weapons seem much more harmful in the hands of a drunk, aside from the hands of a drunk. I'm not one to imbibe, but I would imagine my basic martial arts training wouldn't be forgotten were I in such a situation. The reason you drill it over and over is so it's second nature. I've always been taught that fights ought to last about 3 seconds and in such an event one does not aim to merely annoy the opponent.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  273. Re:NAACP and guns-ERROR!-gun-related deaths by meburke · · Score: 1

    Well, let me try to explain it again: The firearms are not the problem. The problem is that murders are committed or accidents happen. In this case we are discussing intentional deaths, so the problem is that murders happen. As the statistics for Brazil and Mexico show, if someone wants to commit murder, they will use tools which are handy. In the USA, guns are handy, so many murders are committed with guns.

    Regarding accidental deaths: In the USA we have about two guns for every man, woman and child. If guns were the problem, our population would be decimated by now. A swimming pool in the household is 6 times more dangerous than a gun in the household. According to your view, we have a "car problem" and automobiles should be banned. Car accidents take 190 times as many lives as accidental gun deaths.

    Our "right to bear arms" is a direct result of our becoming free of Britain. Our country was founded on the rights of Life (we have a natural right to live), Liberty (we have a natural right to use our life as we see fit as long as we don't infringe on anyone else's rights), and Happiness (which includes a natural right to gain and own property and pursue callings which satisfy us without limits as long as we don't infringe on other peoples' rights). Owning the means to protect these rights is an extension of these rights. These are very strong definitions. As a result of these definitions, we threw off conventions and behaviors that contradicted these principles (slavery is one example that is used too often as an irrelevant pointer to the imperfection of our Founder's, but that succumbed to the principles in the Declaration and Constitution).

    Britain, even in the 20th Century, has one of the worst civil rights records of any civilized country. In the attempt to make people safe, Britain, in 1988 (for a single instance), confiscated lots of private property such as antique firearms, shotguns, hunting weapons, swords, crossbows, spears and so forth. I have friends who lost thousands of dollars worth of personal property without adequate compensation by having their collections confiscated. Britain is rapidly becoming Orwell's "1984". Cameras everywhere, mail privacy violated, personal privacy disregarded, etc.. IMO, if the British government decided to impose Martial Law tomorrow, the "subjects" wouldn't have the means or the will to resist. Incidentally, although homicides seem to have declined since the 1988 Weapons Act, violent crime is 'way up. It's like the myth of the frog in the pot; the temperature is rising and the British are getting cooked because there is no sudden indication that it is happening. Unfortunately, it is happening in the USA also, but we are probably about 30 years behind the British in depriving people of their rights, and our Constitution gives a clear standard by which to judge the actions of our government.

    Lastly, I object to the "jumping to solutions" approach to problem-solving. Banning firearms implies that firearms are a "cause" of violent death. In scientific terms, a cause must be both necessary and sufficient to produce the result. It takes very little thinking ability to realize that guns by themselves do not produce violence or violent deaths, therefore banning guns cannot solve the violence problem. Our neighbor to the North, Canada, has a lower rate of gun ownership than the USA, but even then, Canada has a much lower rate of homicides per capita, and homicides with firearms are even lower on per-capita gun ownership. There is something in the Cultural makeup of Canadians that seems to inhibit violence. (I don't have any idea what it is, but the USA might benefit from a cultural infusion from Canada.) I doubt that this can be imposed on the USA through edict, but some Sociologists may have a different opinion.

    A problem is usually defined two ways: First, a problem is defined as a discrepancy between the way things are and the way we want them to be. This definition is inadequate because it lacks precision. It works well for many problems when it

    --
    "The mind works quicker than you think!"
  274. "Guns don't kill people. God kills people." by Richard+Steiner · · Score: 1

    So says _Not The Bible_, anyway... :-)

    --
    Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
    The Theorem Theorem: If If, Then Then.
  275. ...cameras recording our every move : by Anonymous Coward · · Score: 0
  276. Re:Our most basic freedom: FREEDOM FROM FEAR by Anonymous Coward · · Score: 0

    Look at britain: Fewer rapes, murders, etc than the US. Live without fear? You're deluded. Clearly the US has a problem. Put your penis replacement away, because someone can always buy a bigger gun than yours. You've got an arms race, and you're at the bottom of the pile.

  277. Surely it is time? by idkk · · Score: 1
    Surely it is time to recognize that a plethora of guns results in a glut of gun crime? I am not an American, though I have visited the USA several times, and have numerous American friends and work colleagues. The individual American is not stupid, but the American society is being hoodwinked. We, in the 95% of the world that is not from the USA (i.e. the very great majority) wait in despair for you, as a society to grow up, and drop the almost childish desire for arms, exchanging it for an adult acceptance of the world's dangers.

    My friends, come - enter the 21st Century - the door is open for you. 18th Century thinking impedes you.

    --
    Ian D. K. Kelly

    idkk Consultancy Ltd.

    "Quality through Thought"

    1. Re:Surely it is time? by 99BottlesOfBeerInMyF · · Score: 1

      Surely it is time to recognize that a plethora of guns results in a glut of gun crime?

      Sigh. What sort of rational person cares about "gun crime?" Unless you've been listening to political talking points I can't even fathom your point of view. The relevant question is: does the availability of guns result in more or less violent crime and human suffering? Who cares if you're shot or killed with a pipe bomb if you're just as dead?

      The individual American is not stupid, but the American society is being hoodwinked.

      Or... just possibly... you're incorrect in your opinions?

      We, in the 95% of the world that is not from the USA (i.e. the very great majority) wait in despair for you, as a society to grow up, and drop the almost childish desire for arms, exchanging it for an adult acceptance of the world's dangers.

      Speaking for the world in general is a dangerous thing. Were you talking about Sweden perhaps, or Switzerland, or many of the other places with some of the best living conditions in the world and also with similar rates of gun ownership? Speaking for the world, I'd also like to welcome the US to more modern practices and a less violent and dangerous society. People of the US, keep your guns, but decriminalize recreation drugs, implement socialized medicine, and mitigate the enormous wealth disparity. Greatly reduce crime rates with these tactics as many other countries already have. Do not, however, bother listening to "jdkk" who is way off base.

    2. Re:Surely it is time? by idkk · · Score: 1
      I trust I am rational, and I care about gun crime. I care about all crime. Violent crimes are acts of malevolence against human beings, and I deeply wish to reduce the number of such acts. By "gun crime" I mean roughly "crime committed whilst using a gun". It is known - by observation- that reducing the availability of guns reduces the amount of gun crime - despite the "hoodwinking" to which I was alluding. Of course, human beings can be violent and nasty without guns, but we can at least help our societies.

      So what sort of rational person cares about gun crime? Sixty-one year old English systems designers with training in mathematical logic, computing, philosophy and music, who care about Christian values, that's who.

      And none of your comments are intrinsically wrong - except that I am "idkk" not "jdkk" (they are the initials of my proper name) - every act or decision that moves this world, or any part of this world, away from violence towards tolerance is (IMHO) a welcome act or decision.

      Peace.

      --
      Ian D. K. Kelly

      idkk Consultancy Ltd.

      "Quality through Thought"

    3. Re:Surely it is time? by 99BottlesOfBeerInMyF · · Score: 1

      I trust I am rational, and I care about gun crime. I care about all crime.

      That is not the point. You single out "gun crime" as a category to address. Why not crime by people with red hair? Or violent crime that damages the abdomen? Why is crime with guns a useful subcategory of crime to address instead of addressing violent crime as a whole? Shaving the heads of all people with red hair would entirely eliminate most redhair crimes. Does this make it useful in some way? If we can do this and stop all redhair crimes, while increasing crime in general since red haired people are pissed off and feel discriminated against should we do it?

      Of course, human beings can be violent and nasty without guns, but we can at least help our societies.

      But you haven't demonstrated that reducing "gun crime" via gun control measures helps society, any more than stopping redhair crimes via forced head shaving does. If the problem is violent crime, we need to address measures that reduce violent crime, not ones that reduce one category of violent crime while resulting in a net increase or no change to violent crime at all.

      So what sort of rational person cares about gun crime? Sixty-one year old English systems designers with training in mathematical logic, computing, philosophy and music, who care about Christian values, that's who.

      Interesting categorizations for yourself. You specify an interest in "mathematical logic" as a self assigned label for yourself. But you are not applying logic to this issue. Define the problem to be solved in meaningful terms, then look for solutions that apply to the overall problem. This isn't that different from mathematical logic. Your other interest "christian values" is somewhat suspect as well, as christianity is, by definition, a rejection of logic in one instance. I don't object to that, but it does raise the possibility that you are not logically approaching this issue either.

      ...every act or decision that moves this world, or any part of this world, away from violence towards tolerance is (IMHO) a welcome act or decision.

      I disagree in principal because I don't think a lack of violence is a reasonable ultimate goal for society. Sterilizing the entire planet would result in a net decrease in violence. Even ignoring that, you have not demonstrated that the proposed gun ban that reduces gun crime produces an overall decrease in violence. Until you can demonstrate that it does, you're taking actions to increase violent crime, not decrease it. By willfully ignoring the big picture you've managed to lose sight of even the goal you yourself stated. Reducing gun crime is not, necessarily beneficial if your goal is to reduce crime and your assertion that it is a failure of logic.

    4. Re:Surely it is time? by FallLine · · Score: 1
      That is not the point. You single out "gun crime" as a category to address. Why not crime by people with red hair? Or violent crime that damages the abdomen? Why is crime with guns a useful subcategory of crime to address instead of addressing violent crime as a whole? Shaving the heads of all people with red hair would entirely eliminate most redhair crimes. Does this make it useful in some way? If we can do this and stop all redhair crimes, while increasing crime in general since red haired people are pissed off and feel discriminated against should we do it?
      Are you kidding me? The two arguments are completely different. It is reasonable to believe that a person committing the same crime with a gun (e.g., burglarly) is likely to be more aggressive if confronted and that that person is also more likely to kill the victim or a bystander if they panic. There is no good reason why we should want criminals to be carrying guns during the commission of their crimes.

      Yes, the criminal may already be committing a crime, but that does not mean that the rational criminal (some of them are) are ignorant of the fact that the simple act of choosing to carry a gun during the crime brings significantly higher sentencing and that the prosecutor is apt to be more aggressive in pressing for a conviction. Yes, the criminal may find another weapon or even use his fists, but that is much less likely to result in fatal or permanent injury to the victim (and even moreso for bystanders); You cannot reasonably argue against this and also simultaneously assert that guns are useful or necessary for upstanding members of society to defend themselves.

      As for...Red hair crimes? Pfft. Most reasonable people understand that victims of crime with red hair are probably not being chosen because they have redhair on their heads. The only way you might argue that case is if, say, you really believe that there are bands of serial killers, robbers, or what have you out there that will exclusively or preferentially attack people with redhair (or if red hair on someone's head causes them to behave in a way that would increase their exposure to crime)... not plausible and no evidence to support it.
    5. Re:Surely it is time? by idkk · · Score: 1
      I single out gun crime, in this instance, because it is the availability of guns that is under discussion. Yes, it would be possible to reduce red-haired crime by shaving (and thoroughly pissing off!) red-heads, and yes - you are right - that particular action would not help mankind one little bit. But it is not red hair that is mentioned in the second ammendment to the constitution of the USA, it is armaments.

      I state - without quoting proof - that reduction in the availability of guns reduces the number of crimes committed with guns. I state - again without proof - that this also reduces the abolute number of victims of violent crime. I will, if you wish, Google for references to the statistical analyses upon which these statements are based - not my mere opinions, but concrete observations of the real world. We can then, perhaps, discuss whether these analyses are applicable in the American situation, and if not, why not - or, indeed, whether these statistics do in fact show what they seem to show. So, I single out gun crime (in this discussion) because that is what this discussion is about; and I believe that there is observational evidence showing that reducing the availability of guns reduces the absolute number of victims of all violent crimes.

      The categorization of myself (sixty-one year old, etc. etc.) is just a set of accidental properties I personally happen to possess. I state that I have training in mathematical logic because (I hope) it is exactly that that I am applying here. This sometimes results in discussions that are non-intuitive: in this instance, for example, I am trying to discuss only the reduction in overall violent crime by the reduction of gun crime, and not any other topics that may well be worth discussing (e.g. whether the appaling waste of life on the roads in the USA could be tackled, whether the world's climate is actually unstable, whether recreational drugs should be legalised). If the statistical observations to which I have appealed (but not quoted) are in fact incorrect (or inapplicable) then I have made a factual error, and (of course) my conclusions could not be sustained on those grounds. A factual error, not a logic error.

      And I disagree with you about lack of violence. I am of the opinion that cooperation is always better than conflict, though there are some situations in which a violent reaction is the correct reaction. But these situations are extremely rare - not nearly as common as we are led to believe by television drama, by miltary leaders, by holders of political power - or even by six year old children.

      Civilization is not easy. We are an inventive species, and if we do not control our destructive tendancies then we will certainly destroy ourselves. We already have the power to do that. I seek to make it less likely that we actually do that, and each civilized act that moves us away from that horrible end (to which - let's face it - we are moving) is a welcome act.

      --
      Ian D. K. Kelly

      idkk Consultancy Ltd.

      "Quality through Thought"

    6. Re:Surely it is time? by 99BottlesOfBeerInMyF · · Score: 1

      Are you kidding me? The two arguments are completely different. It is reasonable to believe that a person committing the same crime with a gun (e.g., burglarly) is likely to be more aggressive if confronted and that that person is also more likely to kill the victim or a bystander if they panic. There is no good reason why we should want criminals to be carrying guns during the commission of their crimes.

      It's equally reasonable to believe criminals are more likely to violently attack and kill others if laws prevent those others from having guns. That is why it is important to look at the overall result of gun bans on violent crime, not the number of crimes with guns under the unsupported assumption that one factor outweighs another.

      There is no good reason why we should want criminals to be carrying guns during the commission of their crimes.

      What if criminals having guns means people physically resist less often and as a result there is less overall death due to violence? The point is, we need to look at the relevant data, not a subset of the data that does not address the problem we're trying to solve.

      Yes, the criminal may find another weapon or even use his fists, but that is much less likely to result in fatal or permanent injury to the victim (and even moreso for bystanders); You cannot reasonably argue against this and also simultaneously assert that guns are useful or necessary for upstanding members of society to defend themselves.

      I certainly can rationally argue that the availability of guns legally to people not known to be criminals reduces violent crime and death because that is exactly what the statistics imply. Your assumption that not using a gun will result in less death is not a useful fact because even if fewer incidents result in death, there are more overall incidents due to the easier targets. Whatever the mechanism, gun bans in general statistically do not decrease violent crime, which is the reasonable stated goal.

      As for...Red hair crimes? Pfft. Most reasonable people understand that victims of crime with red hair are probably not being chosen because they have redhair on their heads.

      Yup, and most criminals don't commit a violent crime because they have a gun at their disposal. What part of this analogy are you failing to grasp?

      The only way you might argue that case is if, say, you really believe that there are bands of serial killers, robbers, or what have you out there that will exclusively or preferentially attack people with redhair (or if red hair on someone's head causes them to behave in a way that would increase their exposure to crime)... not plausible and no evidence to support it.

      It's an analogy. The purpose is to demonstrate why the principal is flawed by applying that same principal to a different subject. Apparently you fail to understand the concept. Banning red hair or guns is only useful if doing so results in a net decrease in violent crime, not if it result in a decrease in one subset of violent crime and a net increase in another. The previous poster asserted that decreasing "gun crime" was a good thing, without addressing whether or not the measure that caused that decrease resulted in a net increase or decrease in the number we're really interested in, which is violent crime as a whole. This is a logical misstatement of the problem and thus the conclusion is also flawed.

    7. Re:Surely it is time? by 99BottlesOfBeerInMyF · · Score: 1

      I single out gun crime, in this instance, because it is the availability of guns that is under discussion.

      I contend that that is a useless distinction and only serves to mislead the gullible. While it is the availability of guns under consideration, it should be their affect upon violent crime that that is discussed not their affect upon "gun crime" or "redhair crime." Narrowing the scope of the problem to be solved only leads to irrelevant conclusions.

      I state - without quoting proof - that reduction in the availability of guns reduces the number of crimes committed with guns.

      From my reading the statistics support this assertion. This is irrelevant to the problem.

      I state - again without proof - that this also reduces the abolute number of victims of violent crime.

      From my reading of the statistics, this is not supported. In fact, from the numbers I've seen gun bans correlate to a slight increase in violent crime, although it is only barely within the range of statistical significance.

      I will, if you wish, Google for references to the statistical analyses upon which these statements are based - not my mere opinions, but concrete observations of the real world.

      I'd like to see that. The thing is in all the discussions so far in this article, all of the people claiming to have real numbers on the latter, provided only numbers to support the former. This is how this misstatement of the problem is dangerous. It misleads people into thinking the latter because they saw numbers on the former.

      So, I single out gun crime (in this discussion) because that is what this discussion is about;

      You're just wrong on this. The discussion is about gun bans, not gun crime. The relevance of gun bans is in how they affect violent crime (the problem). Discussing "gun crime" only clouds the issue and allows for people to be misled.

      I state that I have training in mathematical logic because (I hope) it is exactly that that I am applying here. This sometimes results in discussions that are non-intuitive: in this instance, for example, I am trying to discuss only the reduction in overall violent crime by the reduction of gun crime....

      A^2+B^2=C^2.

      Applying mathematical logic to the problem of what C^2 is, can you have a meaningful discussion by only discussing your calculation of A^2? If you restate the problem as A^2 is a subset of the problem and we know A^2 is 25 can we then assume that C is about 7? That is pretty much what you are doing. Gun crime is a subset of the problem, but by itself provides no actionable results. If you wrote a paper about how the result was likely 7 and thus we should take some action based upon just that data, no mathematician in the world would find you credible. Sure you can say A=5 all you want, but it doesn't matter. And because people infer from that that it might matter, you're not clarifying the issue, but only creating more data that misleads others into thinking they have the answer.

      f the statistical observations to which I have appealed (but not quoted) are in fact incorrect (or inapplicable) then I have made a factual error, and (of course) my conclusions could not be sustained on those grounds. A factual error, not a logic error.

      Defining the problem incorrectly is a logical error. Defining the problem as "gun crime" in the first place is where you made your logical error, just as if you defined the problem of how to find C^2 as "2A^2."

      And I disagree with you about lack of violence. I am of the opinion that cooperation is always better than conflict, though there are some situations in which a violent reaction is the correct reaction.

      Widespread socialism does not work better than widespread capitalism. Cooperation results in lack of motivation. When we're talking about people, that is what you really need to consider. Sometimes the end result of an adversarial relationship is better than a situation where most pe

    8. Re:Surely it is time? by FallLine · · Score: 1
      It's equally reasonable to believe criminals are more likely to violently attack and kill others if laws prevent those others from having guns. That is why it is important to look at the overall result of gun bans on violent crime, not the number of crimes with guns under the unsupported assumption that one factor outweighs another.
      That is not the point that I was debating and the argument is significantly different. I am talking about laws which increase penalties for those that commit crimes with a gun in their possession; the original poster may have been talking about reducing gun ownership in general (I did not get that from the message I read)--it was a little unclear from his message.

      What if criminals having guns means people physically resist less often and as a result there is less overall death due to violence? The point is, we need to look at the relevant data, not a subset of the data that does not address the problem we're trying to solve.
      What if giving a five-year old a loaded handgun would reduce his likelyhood of getting abducted by sexual predators? We don't need to look at every statistic when there isn't a plausible argument to support it and many solid intuitive reasons to not to.

      I certainly can rationally argue that the availability of guns legally to people not known to be criminals reduces violent crime and death because that is exactly what the statistics imply. Your assumption that not using a gun will result in less death is not a useful fact because even if fewer incidents result in death, there are more overall incidents due to the easier targets. Whatever the mechanism, gun bans in general statistically do not decrease violent crime, which is the reasonable stated goal.
      I am talking about increased penalties for those that carry guns during the commission of a crime, NOT the right of citizens to bear arms. They are two different arguments and they can easily be seperated from each other. Even if you accept that all law-abiding citizens should be allowed to own or even carry arms, this does not mean you should support the right of criminals to commit crimes with guns in their hands.

      Yup, and most criminals don't commit a violent crime because they have a gun at their disposal. What part of this analogy are you failing to grasp?
      Even if you accept that the propensity of criminals to commit specific crimes is exactly the same ("let's rob this old lady's house") regardless of whether they're carrying, that does not mean that there cannot be significant differences in the actual crimes committed (e.g., robbery vs robbery + 2nd degree murder). The robber with a gun may have exactly the same plan as the one without it, but the gun in his hand can make all the difference in the world in the terms potential outcomes (e.g., accidently shooting some kid"). My argument is largely based on my perceptions of the probability of different outcomes and on society right to choose NOT to have crimes committed against them (and thus vary the penalties depending on the circumstances).

      If nothing else, the presence of a gun-wielding criminal may be sufficiently traumatizing so as to merit increased penalties.

      That said, I do think it can make a real difference in the types of crimes that are committed themselves. For instance, without guns you're not going to see drive by shootings, at the very least, and far fewer bystanders are apt to die as a result. You're not going to see a Columbine-type attack... and so on.

      I'll save my energies though as changing gun laws has never been a major issue for me, for or against. We have far bigger fish to fry. Most of the country is far more likely to die in a car accident than to get murdered... though in Washington DC, Camden NJ, and other such places it is a much bigger concern.
    9. Re:Surely it is time? by 99BottlesOfBeerInMyF · · Score: 1

      You seem to have missed the entire point of this thread, so let me cut to the chase and bring things back on topic. We were discussing the fallacy of using "gun violence" as a useful problem definition. Most of the topics you bring up completely miss this point. It doesn't matter whether you're proposing gun bans, increased gun ownership, or increased penalties for using guns if you look at the probable results of those remedies only in relation to "gun violence."

      What if giving a five-year old a loaded handgun would reduce his likelyhood of getting abducted by sexual predators? We don't need to look at every statistic when there isn't a plausible argument to support it and many solid intuitive reasons to not to.

      What if it does? This again, does not matter, not because there is no "plausible argument" to support it, but because stopping abduction by sexual predators to the exclusion of all other violent crimes is not the problem we are trying to solve. It's entirely possible giving 5-year olds guns would reduce abductions, but greatly increase accidental shootings of themselves and others. The fallacy I was pointing out, is only looking at one subset of the problem, when the remedy affects more than one part of the problem. You need to look at the overall results of the action on violent crime, not on "gun crime" which can serve only to mislead.

      My argument is largely based on my perceptions of the probability of different outcomes and on society right to choose NOT to have crimes committed against them (and thus vary the penalties depending on the circumstances).

      Once again, by looking at the statistics for overall violent crime in relation to various factors, we don't have to understand the mechanics of the causality. Do increased penalties for crimes with guns make criminals less likely to carry them and reduce the amount of "accidental" murders? Do they make criminals who are robbers more likely to kill their victims, since getting caught is so much worse for them and doing so reduces the chance of getting caught and they will spend life in jail anyway? We don't know, but if we look at what has happened in places that have implemented that solution in terms of overall violent crime statistics, we can get a reasonable prediction for what is likely to happen if we introduce it somewhere. If, however, we look at the statistics only for crimes committed with guns we could be missing an effect of that solution on the problem.

      I think you're misconstruing what I'm arguing here. I'm not saying increased penalties for crimes committed with guns is beneficial or detrimental, only that you can't tell if you are looking at "gun crime" statistics since that is not the relevant problem.

      If nothing else, the presence of a gun-wielding criminal may be sufficiently traumatizing so as to merit increased penalties.

      I reject this argument. How is a gun wielding criminal more traumatizing than one with an axe, or who is committing crimes armed with a severed limb or a vial of acid? I don't think it is reasonable to assume one tool is more traumatizing than any other.

      That said, I do think it can make a real difference in the types of crimes that are committed themselves. For instance, without guns you're not going to see drive by shootings, at the very least, and far fewer bystanders are apt to die as a result. You're not going to see a Columbine-type attack... and so on.

      Again, you are just speculating. Drive by attacks in places with lower gun ownership tend to be worse, not better. In south america there is a high rate of drive by pipe bomb and Molotov cocktail attacks that hit more people at once and are more likely to hit lots of innocent bystanders. Columbine could have been much, much worse if instead of guns they mixed up a batch of poisonous gas or blocked the exits and lit the place on fire. Demonizing guns is an emotional reaction. As such, it hinders rather than helps in rational and correct decision making. The simplifica

    10. Re:Surely it is time? by FallLine · · Score: 1

      What if it does? This again, does not matter, not because there is no "plausible argument" to support it, but because stopping abduction by sexual predators to the exclusion of all other violent crimes is not the problem we are trying to solve. It's entirely possible giving 5-year olds guns would reduce abductions, but greatly increase accidental shootings of themselves and others. The fallacy I was pointing out, is only looking at one subset of the problem, when the remedy affects more than one part of the problem. You need to look at the overall results of the action on violent crime, not on "gun crime" which can serve only to mislead.

      The "plausible argument" I was referring to includes both reasons of how it might be a positive and reasons why it would not negative (e.g., kids shooting themselves). Regardless, the point is the same. We don't, nor should we, go about are daily lives only if there is an absolute ironclad argument or overwhelming "proof". We must exercise a certain degree of intuition in our daily lives and in our laws.

      We certainly should be willing to entertain a point if a more convincing argument to the contrary can be made or actual facts brought to the table to support it. The suggestion, however, that we do nothing because there in some uncertainty is absurdity. Yes, we must protect peoples' enumerated rights (defining these, of course, can be tricky) and carefully weigh the pros and the cons when our changes might have a substantively negative impact on legitimate activities.

      Again, you are just speculating. Drive by attacks in places with lower gun ownership tend to be worse, not better. In south america there is a high rate of drive by pipe bomb and Molotov cocktail attacks that hit more people at once and are more likely to hit lots of innocent bystanders. Columbine could have been much, much worse if instead of guns they mixed up a batch of poisonous gas or blocked the exits and lit the place on fire.

      I disagree. No two countries are exactly the same and it's virtually impossible to "compare" a policy all things being equal. If crime goes down after a gun control law is passed, someone can almost always identify something else that changed and assert that that is the real reason. So the arguments will almost always boil down to just that: reasoned arguments.

      You can argue that Columbine would have still happened without guns, but this requires:

      A) More Planning
      B) Better Execution
      C) Obtaining something that is not readily available to most people (certainly not in the back of their truck normally), i.e., explosives, gas, and/or poison.

      I don't think it is any accident that the US has experienced several similar incidents and Europe, which generally has significantly tigher controls around guns, with fairly similar groups of people, and a larger overall population has also experienced far fewer incidents. What's more, those similar incidents in Europe have generally been perpetrated by gun owners with their own guns.

      For the record, I am _not_ demonizing guns. I grew up with them in my house; I have been hunting a number of times; and I enjoy target pratice. I think they _can_ be used safely, but I also think that the laws are overly permissive with respect to gun ownership, storage, and use.

      As for laws with respect to penalizing criminals for carrying guns, I have not heard you make a credible argument or bring any facts to bear as to why we should want our criminals carrying guns.

      As for gun control in general, I'm far more moderate and I don't see it as the most presssing issue of the day. I don't want to live in a society that coddles the individual to excess--I can accept that there is some inherent risk in doing virtually anything worth doing. I accept laws that allow hunters to own and use hunting rifles as being an acceptable risk for society. I can even accept that people that can demonstrate a particular ne

    11. Re:Surely it is time? by 99BottlesOfBeerInMyF · · Score: 1

      The "plausible argument" I was referring to includes both reasons of how it might be a positive and reasons why it would not negative (e.g., kids shooting themselves). Regardless, the point is the same. We don't, nor should we, go about are daily lives only if there is an absolute ironclad argument or overwhelming "proof".

      No one said we needed absolute proof of the results before we try something, but we do need some reasonable, facts. You can't just assume one case will outweigh the other, especially when there is data you're ignoring.

      We must exercise a certain degree of intuition in our daily lives and in our laws.

      Intuition is just another way of saying, decision making that disregards the facts. Our laws should be based upon the scientific method, not some quasi-mystical intuition about whether a given measure will be beneficial or detrimental.

      The suggestion, however, that we do nothing because there in some uncertainty is absurdity.

      I never suggested we do nothing when we have no data. I suggested we don't take an action when the best data we have indicates it will have an overall negative effect. Ignoring that data in favor of intuition is unreasonable, by definition.

      I disagree. No two countries are exactly the same and it's virtually impossible to "compare" a policy all things being equal. If crime goes down after a gun control law is passed, someone can almost always identify something else that changed and assert that that is the real reason. So the arguments will almost always boil down to just that: reasoned arguments.

      Maybe you're a little fuzzy on the scientific method. We're not talking about looking at one data point and using it to infer some relationship. We're talking about looking at all available data points from hundreds of different countries, normalized as much as possible to make the most likely prediction of a result. A reasonable person looks at the data and uses that to make a prediction. An unreasonable person decides a gun control measure is good or bad, and then tries to find data to support their illogical opinion. Look at the data around the world and you'll see all levels of gun control with little or no correlation to the level of violent crime. Why then, would a reasonable person, think that gun control is likely to result in decreased crime, especially when their are logical cause and effect relationships by which such legislation can both positively and negatively effect violence? "Intuition" is a pretty lousy answer to that.

      You can argue that Columbine would have still happened without guns, but this requires: A) More Planning B) Better Execution C) Obtaining something that is not readily available to most people (certainly not in the back of their truck normally), i.e., explosives, gas, and/or poison.

      First, Columbine is not reflective of overall violence in the US. If your goal is only to prevent a situation similar to Columbine you can just get rid of schools and the problem is solved. Like getting rid of "gun violence" or "redhair violence" defining the problem as "school shootings like Columbine" is a logical misstatement of the problem and will lead you to the incorrect conclusions. Second, it was the reliance upon guns, not lack of planning or poor execution, that made the Columbine attack so much less effective than they intended. Third, poisonous gas can be made from household bleach. Explosives can be made from so many substances it is ridiculous. You can learn how from the local library, the internet, or your chemistry teacher in high school. Claiming they are unavailable or even harder than learning to use firearms well is very misguided.

      don't think it is any accident that the US has experienced several similar incidents and Europe, which generally has significantly tigher controls around guns, with fairly similar groups of people, and a larger overall population has also experienced far fewer incidents.

      In this statement you have im

    12. Re:Surely it is time? by FallLine · · Score: 1
      Maybe you're a little fuzzy on the scientific method. We're not talking about looking at one data point and using it to infer some relationship. We're talking about looking at all available data points from hundreds of different countries, normalized as much as possible to make the most likely prediction of a result. A reasonable person looks at the data and uses that to make a prediction. An unreasonable person decides a gun control measure is good or bad, and then tries to find data to support their illogical opinion. Look at the data around the world and you'll see all levels of gun control with little or no correlation to the level of violent crime. Why then, would a reasonable person, think that gun control is likely to result in decreased crime, especially when their are logical cause and effect relationships by which such legislation can both positively and negatively effect violence? "Intuition" is a pretty lousy answer to that.
      This presumes such indisputable numbers exist. I have looked at statistical studies and they suggest that decreased gun ownership means less murder and fewer traumatic injuries overall for society (not just "gun crimes"). You may disagree, but you, yourself, have presented nothing in the way of the analysis you suggest.

      And this is why you're wrong. You admit that your decision is made and you won't change your mind, even in light of new facts. This is called "being irrational." My opinion can and does change as I get more and better data because the data is the basis for my opinion. I'm willing to admit my opinion was likely incorrect, in light of new information. Anyone who won't do this has a worthless opinion because they aren't thinking rationally.
      I'm not voting for gun control (as I said before, I have bigger fish to fry). I am simply playing devil's advocate. If I felt this issue were truly in play in the elections or if it suddenly were to become more critical, then I'd be more inclined to look at your selected numbers and debate it at length.

    13. Re:Surely it is time? by 99BottlesOfBeerInMyF · · Score: 1

      his presumes such indisputable numbers exist. I have looked at statistical studies and they suggest that decreased gun ownership means less murder and fewer traumatic injuries overall for society (not just "gun crimes"). You may disagree, but you, yourself, have presented nothing in the way of the analysis you suggest.

      I didn't think I had to since those numbers were presented by several different people already and modded highly in this article. Here is one of the pertinent ones that is also well written http://yro.slashdot.org/comments.pl?sid=210866&cid =17175778. Not one person I saw in the entire discussion presented numbers indicating that violent crime (as opposed to "gun crime") correlates favorably with gun control legislation.

      "the facts show that there is simply no correlation between gun control laws and murder or suicide rates across a wide spectrum of nations and cultures. In Israel and Switzerland, for example, a license to possess guns is available on demand to every law-abiding adult, and guns are easily obtainable in both nations. Both countries also allow widespread carrying of concealed firearms, and yet, admits Dr. Arthur Kellerman, one of the foremost medical advocates of gun control, Switzerland and Israel "have rates of homicide that are low despite rates of home firearm ownership that are at least as high as those in the United States." A comparison of crime rates within Europe reveals no correlation between access to guns and crime." -David Lampo of the Cato Institute

      "Guns' danger in violent confrontations is such that they tend to increase the severity of injuries but reduce the chance of an injury occurring in the first place" - from 1979-1985 National Crime Surveys and 1983 FBI Supplementary Homicide Reports

      "Gun laws which were examined include waiting periods, gun registration, licensing, permits, prohibition of gun possession by criminals or drug addicts or minors, dealer licensing, concealed handgun restrictions, open handgun carrying restrictions, mandatory judicial penalties, bans on types of weapons, and outright bans on handgun possession. CONCLUSIONS FOR GUN OWNERSHIP. Of the nineteen types of gun laws in the study, none showed consistent evidence of actually reducing gun ownership. Each law's effect on gun ownership was estimated seven times, but none of the laws showed a significant effect in a majority of the tests. Only two of the regulations, requiring a license to possess guns and prohibiting possession by mentally ill persons, showed an apparent effect in even as many as three tests. (Nevertheless, there is still partial support for the view that these two measures may reduce gun ownership, presumably among "high-risk" segments of the population.) CONCLUSIONS FOR VIOLENCE. Generally, the findings indicate that gun restrictions appear to exert no significant negative effect on total violence rates. Of 121 possible effects tested, only ten are solidly or partially consistent with a hypothesis of gun control effectiveness. For instance, requiring a license to possess guns appears to reduce fatal gun accidents. Requiring a permit to purchase guns appears to reduce both gun and, to a greater extent, nongun homicide rates, but, paradoxically, not the total homicide rate. There were other, small correlations like these, but a majority of the measurements found very little correlation between gun laws and reduced violence." - from S. Teresi's analysis of the comprehensive review of gun control studies in the book "Point Blank."

      Or, if you're looking for the studies themselves to be analyzed, http://www.gunfacts.info/pdfs/gun-facts/4.1/GunFac ts4-1-Print.pdf has about 200 studies cited within it, many of which you can find using google scholar.

    14. Re:Surely it is time? by FallLine · · Score: 1

      I didn't think I had to since those numbers were presented by several different people already and modded highly in this article. Here is one of the pertinent ones that is also well written http://yro.slashdot.org/comments.pl?sid=210866&cid =17175778 [slashdot.org]. Not one person I saw in the entire discussion presented numbers indicating that violent crime (as opposed to "gun crime") correlates favorably with gun control legislation.

      Huh? Nothing he mentioned in any way contradicts anything I've said on the matter. The whole thrust of his argument was to put gun related deaths into prospective. I agree, for instance, that the average citizen is far more likely to killed by a car than by a gun. I simply believe that society would be better off if more and better gun laws were put in place (esp. those that would reduce concealed weapons, readily available/loaded weapons, etc).

      Several points:

      First, the data does not compare gun ownership, frequency of use, and method of use to the deaths and injuries so it tells us little about the risks on a marginal basis. By this same fuzzy rationale I might come to conclude that Russian Rulette is relatively safe because only 3 minors died of it last year (or whatever the exact # would be... certainly very small).

      Second, it does not mention any study of correlation of gun ownership in general to any of the various bad things (murder, violent crime, robbery, etc).

      Three, it particularly does not discuss specific gun laws as it relates to specific crimes. This is absolutely necessary to persuade me. I believe that responsible ownership of rifles is an acceptable risk generally, but that laws that allow most people to carry and own weapons that are readily concealed (including driving around with a loaded weapon at all times--handgun or not) results in a marginal increase in murders and serious injury (I do not believe that it tends to reduce crime across the board). In other words, even if one were to accept that "gun ownership does not cause an increase in violent crime" this says nothing about particular gun laws, murder rates, etc. That argument is kind of like arguing that, because we can prove that modern medicine correlates strongly with people living longer and healither lives, that any specific doctor or medicine is safe (e.g., untested medicines, unlicensed doctors, etc).

      "the facts show that there is simply no correlation between gun control laws and murder or suicide rates across a wide spectrum of nations and cultures.

      As for these very limited statements you've presented, I disagree with the conclusions you are drawing from them. The mere fact that someone who studied it failed prove correlation in a particular study (or even several) does not mean that there is not a causative impact. There are a lot of other variables involved and the data collection is difficult (different places measure crime and gun ownership different) whether you are comparing two different places or two different times (before and after).

      What's more, there are studies that do suggest positive correlation between gun ownership rates and homicide rates...

      http://dx.doi.org/10.1016/S1359-1789(03)00044-2

      http://dx.doi.org/10.1016/j.aap.2005.02.003

      http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd= Retrieve&db=PubMed&list_uids=11130511&dopt=Citatio n

      http://www.cmaj.ca/cgi/content/abstract/148/10/172 1

    15. Re:Surely it is time? by 99BottlesOfBeerInMyF · · Score: 1

      Huh? Nothing he mentioned in any way contradicts anything I've said on the matter.

      No, he just lists numbers, but you'll note the number of defensive uses that prevent violence and don't result in a shooting that he lists is higher than the number of recorded violent uses.

      I simply believe that society would be better off if more and better gun laws were put in place (esp. those that would reduce concealed weapons, readily available/loaded weapons, etc).

      The particular law you have in mind makes a lot of difference, but concealed carry laws are statistically, very beneficial in almost every study ever conducted and those laws apply to making concealed and readily available/loaded weapons an option for the average person.

      First, the data does not compare gun ownership, frequency of use, and method of use to the deaths and injuries so it tells us little about the risks on a marginal basis. By this same fuzzy rationale I might come to conclude that Russian Rulette is relatively safe because only 3 minors died of it last year (or whatever the exact # would be... certainly very small).

      No, the studies I listed compared violent crime statistics in areas with certain gun control laws and without. There is nothing fuzzy about that and they are not addressing some subset, like the number of minors killed.

      Second, it does not mention any study of correlation of gun ownership in general to any of the various bad things (murder, violent crime, robbery, etc).

      What good would such a study do? Can you magically make people not own guns? Obviously not. You can pass legislation to restrict or ban guns, and that is exactly what was studied in relation to violent crime.

      Three, it particularly does not discuss specific gun laws as it relates to specific crimes.

      Two of the three studies I cited at least covered outright bans, open carry, and concealed carry laws with regard to violent crimes as a subset. Obviously it is impossible to find correlations between each of the tens of thousands of individual gun laws and no purpose in breaking them down by type of violent crime, unless your goal is to prevent some violent crime while promoting others.

      As for these very limited statements you've presented, I disagree with the conclusions you are drawing from them. The mere fact that someone who studied it failed prove correlation in a particular study (or even several) does not mean that there is not a causative impact.

      Actually, while the inverse is not true, the lack of correlation across a statistically significant number of sample studies does indicate that their is a negligible probability of a causative relationship. Think of it this way. Chlorophyll makes plants green. This is a causative relationship. Finding a bunch of green plants that don't have chlorophyll in them proves nothing. Finding a bunch of plants that contain chlorophyll, but which are not green, statistically indicates that chlorophyll does not make plants green, since one or two might be some aberration that is countered by other factors, but if a significant number aren't green and have chlorophyll then by definition it does not tend to make plants green, by itself.

      There are a lot of other variables involved and the data collection is difficult (different places measure crime and gun ownership different) whether you are comparing two different places or two different times (before and after).

      So, how does this matter? If gun control laws of any given type tend to reduce violence, that trend should become apparent across a number of different studies since they normalize on another. Gun ownership rates, are both causative in two directions, and not actionable, so it is not a useful statistic.

      To address your first link from the summary of that book "Compared with other developed nations, the United States is unique in its high rates of both gun ownership and murder. Although widespread gun ownership does not hav

    16. Re:Surely it is time? by FallLine · · Score: 1

      No, the studies I listed compared violent crime statistics in areas with certain gun control laws and without. There is nothing fuzzy about that and they are not addressing some subset, like the number of minors killed.

      I was referring to the slashdot comment that you indicated was "evidence". Hence the reason why my comments, 1 - 3, were below the relevant text.

      What good would such a study do? Can you magically make people not own guns? Obviously not. You can pass legislation to restrict or ban guns, and that is exactly what was studied in relation to violent crime.

      You are being willfully ignorant. Gun laws can be enforced like any other laws (e.g., tax law) and moreso than many others since one usually needs to buy, store, practice, and use them at some point. The effectiveness of the laws may vary greatly though depending on: how long they've been in existence for; the severity of the penalties; the methods of enforcement; and on the particular laws (including the framework of law that supports it, e.g., right of the police to search). The variability of laws and their effectiveness is all the more reason why we should look for alternate measures, especially those that compare the prevalence of what we are trying to regulate. As it happens, we do have fairly reliable data on gun ownership rates (based on anonymous surveys, purchasing data, and other sources). Anyone with an ounce of sense would appreciate that this is a far superior measure for quantitative studies than attempting to compare laws.

      Furthermore, there are numerous studies comparing gun ownership rates to gun-related suicidies and homicides and they are very tightly and robustly correlated. I don't think even you would try to refute this. Although you might argue that more gun deaths don't mean more deaths in general, it certainly is a very good indication that our gun ownership data is, in fact, pretty damn accurate.

      Actually, while the inverse is not true, the lack of correlation across a statistically significant number of sample studies does indicate that their is a negligible probability of a causative relationship.

      Sigh. Are you really this much of an intellectual light-weight? All a statistically insignificant degree of correlation means is that that single test does not prove a relationship. Perhaps if all the scientists have studied the matter extensively, questioned all their assumptions and looked at their numbers, you might conclude that there is probably not relationship, but this is NOT the case here. Even a test that is 100% statistically sound is not necessarily good science.

      Do you believe in global warming? Global temperatures between 1940 and 1970 fell by 0.2 degree Celsius while annual average fossil fuel consumption increased to roughly 4 billion metric tonnes of carbon. Any study conducted around this period would either show no correlation or a negative correlation...

      http://www.climatescience.org.nz/assets/2006927134 6160.GlobalWarmingLKW.pdf

      First, it is factually incorrect about the level of gun ownership, which is not much different from a number of other nations.

      Uh, wrong. http://www.pubmedcentral.nih.gov/pagerender.fcgi?a rtid=1485564&pageindex=3 The US is by far the highest in the developed world, even more so if you look at private gun ownership (instead of government/military weapons which many of the guns Switzerland are).

      Second, it says that gun ownership rates to not have significant effect on crime rates. I don't see how this is supposed to refute my claim that gun control laws do not, in general, correlate to decreased violent cr

  278. No they didn't. by raehl · · Score: 1

    They did very well in killing up 3,000 civilians.

    They made the system stronger.

    1. Re:No they didn't. by snarkth · · Score: 1

      In the long run, perhaps.

        snarkth

  279. bad scenario, was Re:NAACP and guns by ghostlibrary · · Score: 1

    >Your child is kidnapped by two individuals. One is captured. He will not talk. You are placed in a soundproof room with the kidnapper and one #2 pencil. Sharpened.

    Err, try: "Your child is kidnapped. A person is captured who may or may not have a connection to the crime. He denies it. You are placed in a soundproof room with the kidnapper and one #2 pencil. Sharpened."

    Life would be much easier if only bad guys got caught, if the police always knew who did a crime, and if captured criminals who did a crime were incredibly stoic.

    Heck, rewrite it this way: "A father's child is kidnapped. You are captured, they think you did it. You are unable to give them clues to where the child is. They leave you in a soundproof room with the father and one #2 pencil in his hand. Sharpened."

    --
    A.
    1. Re:bad scenario, was Re:NAACP and guns by yesthatmcgurk · · Score: 1

      The question was whether it worked or not, and whether you are for it or not. Not whether or not you would like to be the subject of it, by accident or by action.

  280. Re:finally a correct reading of the second ammendm by GoCanes · · Score: 1

    How about citing a single source that reads the 2nd amendment the way DC does contemporaneous with the framers? This interpretation doesn't appear until recently, when the gun grabbing began.

    "But the societal context has changed, and so must our reading." Sure. And the framers couldn't possibly have foreseen the internet, an era of instant communication, Islamic extremism, nuclear weapons, and 24 hour global news. So why don't the liberals think the reading of the 1st Amendment should change with the societal context?

  281. Right to bare arms by Anonymous Coward · · Score: 0

    defender of our right to not only keep, but to bare arms.

    Yeah, down with sleeves!

  282. Chief, its off the beltway there, part of the by DaedalusHKX · · Score: 1

    part of the megalopolis.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  283. Re:Okay, tell you what, you get drunk with a gun o by Anonymous Coward · · Score: 0

    I am not a violent man, nor do I enjoy the sight of blood, except in my food (rare steaks)

    If your food includes steaks (or any corpse food), then you are violent by proxy.
    Perhaps you meant that you are not personally violent to animals that happen to be human.
    If so, then that's what you should have written.

  284. Americans scare me sometimes. by LupusCanis · · Score: 1

    The American attitude to gun scares me really - you have something like twenty-five times the muder with firearms rate (per capita) as the UK and still insist that there's no positive effect on gun bans. You honestly can't figure out why guns and cars are different (hot tip: guns are for the express intent of causing bodily harm and ultimately, save for range shooting, which really doesn't require anyone owning their own guns, every function of them is for this - in contrast, a car is primarily for transport and the bodily harm is a sideeffect) and why the idea of banning guns is much less ridiculous than that of banning cars.

  285. Closing by FallLine · · Score: 1
    Comparing drug use

    3% of Swedish 10th graders report using illicit drugs other than cannabis in their lifetime vs 24% in the US. Just 8% of the Swedes reported using cannabis vs 41% in the US.

    Besides the well established causal relationship between drug use and criminal activity, this also suggests either significantly different cultural values (e.g., greater propensity to obey authority figures) or better enforcement methods.

    The other factor you're not addressing, is the simple correlation between progressive taxes on the high end and quality of living, especially violent crime. You seem fond of bringing up small, anecdotal cases. Do explain to me Sweden, with high gun ownership rates and low wealth disparity managed not by an estate tax now, but by a direct, flat tax on total wealth every year. Why is it that they have one of the lowest rates of violent crime and one of the best standards of living? Note, their unemployment rate is about the same as the US.

    Ahhh, does little baby want to pack up his toys and go home? Regardless of whether or not you'll respond to me (and risk getting destroyed, again), here is some more information for your edification.

    Who knows, maybe you'll think twice before blindly spouting off the miracle that is Sweden...

    An absolute comparison of income

    Sweden's poorest 10% actually does slightly worse than their counterpart in the US in real dollar terms (PPP adjusted) even after taxes and most subsidies are taken into account. What's more, virtually every economic group above it, especially at the median and above, does significantly better.

    If you're unconvinced that absolute measures of poverty "matter"..

    Read Page 22

    See page 17

    Evidence of Sweden's declining economic status. The average Swede has lost purchasing power over the past 20 years and this effect is particularly evident when compared against the rest of Europe. They've slipped from #4 to #18 from 1970 to 1998 (an absolute loss of 17 points vs the OED average of 100).

    Swedish Egalitarianism between 1903 and 2004


    Evidence that Sweden had much less economic disparity before their welfare state was created due to collapse of capital markets (as opposed to the "because" that you want to believe) and that they've, in fact, followed similar economic trends.

    Economist overview of Swedish economy and growing discontent amongst Swedes

    A balanced article in the Economist about some not so well known facts about the Swedish economy. For instance, although they report 6% unemployment officially, they have a ton of people that actually long-term unemployed and living off the system (e.g., long term sick leave). Reliable estimates put their true unemployment closer to 15-17%. What's more, 30% of the country works for the government.

    They also point out that Sweden has created virtually no new net jobs in private industry since 1950.

    Only 1 of Sweden's 50 largest companies was founded after 1970. Entrepreneurship (and even self-employment) are much lower in Sweden than most of the US and even Europe.

    Sweden's problem with entrepreneurship

    An article discussing some of the problems and statisics relating to Swedish entrepreneu