Second Amendment

AmateurScientist:
Read Justice Story's comments on the Second Amendment, which I posted on the 2nd page of this thread, and which I will repeat here (proper attribution is provided on Page 2 of this thread):
Read them and I'm not impressed. From his comments:
The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers.
Crapola. The military is the natural defence against foreign invasions. The National Guard (TMK) is the defence against domestic insurrrections. And domestic usurpations of power can only be done with cooperation of the majority of the military and in any case, if such were the case, an armed population would be of little consequence.
The right of the people to protect themselves from invasion, insurrection, or military coup is never anachronistic. Once it's done away with, those threats become even more threatening and imminent.
No one is dismissing that right.
I never said either was essential to a democracy. Both are essential and integral to the formation and continuation of the United States of America's unique federal system, however. It is premised upon the individual's being endowed with certain unalienable rights, and upon the people's granting to the state certain enumerated powers. All others they retain. The right to defend one's self is one of those rights the people retained, and indeed one they guaranteed by placing it right up front in the Bill of Rights.
The right to bear arms is not in any way essential to the continuation of the USA. And I've already said that that the right to self-defense is fundamental.
Modern reasons?

--Hitler's rise to power in Germany
How would an armed populace have made any difference? Perhaps it would have accellerated his rise?
--The ease with which the Germans occupied nearly all of continental Europe
Relevance? Other countries had militaries as well.
--The continued existence of dictatorial, murderous regimes on the planet
Guns are everywhere in Iraq. Howcome there was no succesful uprising?
--the loud cries for a ban on weapons from within the U.S.
:confused:
--the U.S. Government's fondness for sloganeering and declarations of a "War on Drugs" and a "War on Crime" and the public's ready acceptance of them
:confused:
--anti-self defense rhetoric and propaganda
:confused:
--the constant barrage by the media of images and stories of violence against children and other innocents by guns (it's not by guns, it's by people)
What do all these things have to do with anything under discussion? Please explain. I won't comment the rest individually as I don't see their relevance.
Probably sounded pretty ludicrous in the colonies in 1775 too. Or in 1861, when 11 states seceded from the union and kept a bloody war going for 4 years.
There was TMK no military in 1775. And please show me that armed citizens made a difference in 1861 and that they fought against a tyrannical government.
The idea of the Soviet Union simply dissolving voluntarily almost overnight most certainly was unthinkable from 1945 thoughout the 1980s, no?
Yes. Your point?
You forget that the U.S. is very large and diverse geographically. A military coup in this country, although very unlikely at present, would be difficult to achieve at any time. Pockets of resistance throughout the cities and the country would prove to be quite a thorn in the sides of anyone attempting such a thing, modern military weapons notwithstanding.
I lived in the Philippines for quite a number of years. During the majority of these years, the country was under martial law, effectivel a dictatorship under Marcos. And yet, there were tons of handguns floating about the place all this time. Odd how there was no uprising. In fact, Marcos was only thrown out when there was a "velvet revolution" (nons lying down in front of tanks, etc).
Small arms are the weapons of guerillas. Guerilla resistance has indeed been quite effective against heavy military armaments in modern times. Vietnam, Honduras, El Salvador, 1970s Afghanistan, and now Iraq come to mind.
They are not effective when the military is sufficiently brutal.
 
Cleopatra:
The relevancy of a right to a political system ( democracy in our case) is judged by its mileage.

Do they use this right? This is the fundamental question.
They use the right, but how is that relevant to whether they should have the right?
edited to add DD concentrate to our discussion :) [/B]
Okay, poochie.:)
 
Cleopatra said:


Amateur Scientist

There is nothing to indicate that if German people were armed, Nazism wouldn't turn to the phaenomenon we experienced.


It's not the German people I was referring to. It's the peoples they conquered so easily. Had the invading Germans met heavy resistance from the populations they invaded, perhaps they would have had a very different war on their hands.



Let me post my favorite quote of Alexis de Tocqueville and Democracy in America.

" No man can struggle with advantage against the spirit of his age and country,and however powerful a man may be, it's hard for him to make his contemporaries share feelings and ideas which run counter to the general run of their hopes and desires"

( quoted almost verbatim because I quoted it by memory since I have learned it by heart....)

De Tocqueville admired and revered America. His quote can easily be adapted to support precisely why the constitutional guarantees of certain enumerated liberties found their way into the U.S. Bill of Rights. The tyranny of the majority of which de Tocqueville refers is the greatest threat to those liberties.

AS
 
Cleopatra: I have a question. How many times in the 20th ce the American citizens used their guns in order to resist to "the tyrannical use of force against the citizenry by the government (or its military)".
Ruby Ridge (Idaho) comes to mind as an example.
 
AmateurScientist:
We aren't discussing just any democracy. We are discussing the radically new at the time form of America's constitutional republic.
No, we are discussing the relevance of Amendment two today.
Unlike more traditional democratically controlled governments, it placed individual liberties above and beyond the reach of government's power to take them away. It was a radical idea, and perhaps remains alien to most non-Americans.
Get over yourself. The idea was indeed pioneering back in the 1700's but no more.
The right to defend one's self isn't necesarily essential to forming or functioning under a democracy. It is recognized as a necessary check upon the tendency of government to seize ever more powers from the people, however. It is a check against factionalism and tyranny by the majority, which is at odds with traditional notions of democracy.
I mostly agree.
Tyranny by majority and by government were the primary ills the founders of the United States sought to guard and protect against. Achieving a mere democracy was not their aim. Forging a new nation founded upon a constitution guaranteeing certain unalienable rights to its people, and keeping it, was the intent of the founders.
Kudos to them.
The keeping it part is the hardest part of what the founders did. Benjamin Franklin recognized this when asked by Mrs. Powell what had they wrought in Philadelphia at the Constitutional Convention in his reply, "A republic, madam, if you can keep it."

President Andrew Jackson, paraphrasing John Philpot Curran, said, "eternal vigilance by the people is the price of liberty."

Franklin, again, said quite aptly even before our country was founded, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
I have no problem with any of those fine statements. What do they have to do with gun control?
The Second Amendment simply cannot be understood outside the historical context in which it was framed. Its continued importance can be understand by a thoughtful examination of recent, modern history.
I agree with your first sentence. I have yet to see evidence for the second.
 
severin:

These statutes of Arizona law shed more light on the subject:
(emphases mine)

13-3111

A. Except as provided in subsection B, an unemancipated person who is under eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person's parent or guardian, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.

B. This section does not apply to a person who is fourteen, fifteen, sixteen or seventeen years of age and who is any of the following:

1. Engaged in lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

2. Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting.

3. Engaged in lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

4. Engaged in activities requiring the use of a firearm that are related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.

... and ...

13-3109

A. Except as provided in subsection C of this section, a person who sells or gives to a minor, without written consent of the minor's parent or legal guardian, a firearm, ammunition or a toy pistol by which dangerous and explosive substances may be discharged is guilty of a class 6 felony.

B. Nothing in this section shall be construed to require reporting sales of firearms, nor shall registration of firearms or firearms sales be required.

C. The temporary transfer of firearms and ammunition by firearms safety instructors, hunter safety instructors, competition coaches or their assistants shall be allowed if the minor's parent or guardian has given consent for the minor to participate in activities such as firearms or hunting safety courses, firearms competition or training. With the consent of the minor's parent or guardian, the temporary transfer of firearms and ammunition by an adult accompanying minors engaged in hunting or formal or informal target shooting activities shall be allowed for those purposes.

AZ law (like other states) places strict limitations on minors' ability to possess firearms. The portion we've reviewed should not be misconstrued to conclude that it's legal for a minor to purchase firearms or ammunition; rather, it's acceptable under certain circumstances for a minor to temporarily receive possession of a firearm for explicit, specific purposes.

Hope this helps.
 
Japan, Britian, and France are not tyrannies due solely to the benevolence of their governments. That changes, and they have no recourse.

America, on the other hand, is not a tyranny because the will of the governed is reinforced by a constitution which limits the government and provides for an armed citizenry equiped to depose any such tyranny that may arise.



Actually they are, though not because any specific citizens are benevolent. But because the system encourages it.


Also you miss my point. My point is that an armed rebelion would fail, and likely cause needless deaths. There will be no Second American Revolution.
 
xouper: but "the freedom to own a particular type of technology" is fundamental to the notion of personal liberty.

DanishDynamite: How?
Yer kidding. If you don't even get that most simple of notions, then I don't know where to begin trying to explain it to you. Apparently you have very different notions of liberty and freedom than I do.

Yes, the right to self-defense is indeed fundamental. We agree completely. And the right to use a gun, a knife or any other implement in the vicinity to do so, is perfectly alright, if indeed your life is in danger. This, however, has nothing to do with declaing the right to own guns as a fundamental right. It isn't.
Like I said, we disagree on that point.
 
DanishDynamite said:
AmateurScientist:Read them and I'm not impressed. From his comments:
Crapola. The military is the natural defence against foreign invasions. The National Guard (TMK) is the defence against domestic insurrrections.

No it isn't. The National Guard is subject to being federalized by the President, and frequently has been in recent large military operations. The militia is the very antithesis of a standing army and is the defense against domestic military takeovers.


And domestic usurpations of power can only be done with cooperation of the majority of the military and in any case, if such were the case, an armed population would be of little consequence.

Um, are you familiar with the American Civil War? The southern states seceded and formed their own military from within the ranks of the people and from soldiers and sailors who resigned from the U.S. military. Most brought their own weapons to the fight, at least in the beginning.


No one is dismissing that right.
The right to bear arms is not in any way essential to the continuation of the USA.

Perhaps not to the continuation of the U.S. under a more totalitarian government. My examples of Nazi Germany and the like were meant to illustrate how idealistic notions of modern benevolence are illusory at best. Attempts to conquer and dominate regions are not anachronistic, as your and others' arguments seem to suggest.

And I've already said that that the right to self-defense is fundamental.
How would an armed populace have made any difference? Perhaps it would have accellerated his rise?
Relevance? Other countries had militaries as well.
Guns are everywhere in Iraq. Howcome there was no succesful uprising?
:confused:
:confused:
:confused:
What do all these things have to do with anything under discussion? Please explain. I won't comment the rest individually as I don't see their relevance.
[/B]

Please see above. They were meant to counter arguments that benevolence predominates today and to show that domestic resistance can indeed make a difference in the face of modern military power.


There was TMK no military in 1775.

Precisely. And they successfully defeated a well-armed and well-trained British military. Aren't you making my point for me?


And please show me that armed citizens made a difference in 1861 and that they fought against a tyrannical government.

See above. The CSA military forces were formed almost overnight from the citizenry which supplied its own weapons. They fought against their former government, whom they saw as an invading force in their newly formed confederacy.

AS
 
xouper:
Yer kidding. If you don't even get that most simple of notions, then I don't know where to begin trying to explain it to you. Apparently you have very different notions of liberty and freedom than I do.
Sorry to be a bother. The right of self-defense is fundamental. The right to own particular types of weapons (anthrax, nukes, etc) is not. Kindly explain what it is that I am not getting.
Like I said, we disagree on that point.
And probably always will. :)
 
AmateurScientist:
No it isn't. The National Guard is subject to being federalized by the President, and frequently has been in recent large military operations. The militia is the very antithesis of a standing army and is the defense against domestic military takeovers.
Thank you for your update.
Um, are you familiar with the American Civil War? The southern states seceded and formed their own military from within the ranks of the people and from soldiers and sailors who resigned from the U.S. military. Most brought their own weapons to the fight, at least in the beginning.
Exactly. "...formed their own military from within the ranks of the people and from soldiers and sailors who resigned from the U.S. military. Most brought their own weapons to the fight..."
Perhaps not to the continuation of the U.S. under a more totalitarian government. My examples of Nazi Germany and the like were meant to illustrate how idealistic notions of modern benevolence are illusory at best. Attempts to conquer and dominate regions are not anachronistic, as your and others' arguments seem to suggest.
Your illusion is that an armed populace can make the slightest difference. What makes you think this will be the case? Some will be pro the new setup. Some will be con. There is no organization of either. And there is no precedent in history, that I know of, to show that armed citizens make a difference.
Please see above. They were meant to counter arguments that benevolence predominates today and to show that domestic resistance can indeed make a difference in the face of modern military power.
Which they failed to do.
Precisely. And they successfully defeated a well-armed and well-trained British military. Aren't you making my point for me?
No. Your point, as I understand it, is that an armed populace today is a barrier against the takeover of the US by a tyrannical government. This is obviously not the case.
See above. The CSA military forces were formed almost overnight from the citizenry which supplied its own weapons. They fought against their former government, whom they saw as an invading force in their newly formed confederacy.
The CSA force was formed, according to your own words, "from soldiers and sailors who resigned from the U.S. military. Most brought their own weapons to the fight".
 
DanishDynamite said:

Your illusion is that an armed populace can make the slightest difference. What makes you think this will be the case? Some will be pro the new setup. Some will be con. There is no organization of either. And there is no precedent in history, that I know of, to show that armed citizens make a difference.


The Viet Cong comes to mind as a modern example. They made quite a difference. Ask any U.S. Army or Marine veteran of the Vietnam conflict in the bush.

I'm sure there are others. I don't care to research it further at the moment.


No. Your point, as I understand it, is that an armed populace today is a barrier against the takeover of the US by a tyrannical government. This is obviously not the case.

How is this obvious? Wouldn't factions within the U.S. presumably rebel against the tyrannical government, including many National Guard units, around whom many other citizens could organize themselves with their own arms?




The CSA force was formed, according to your own words, "from soldiers and sailors who resigned from the U.S. military. Most brought their own weapons to the fight".

DD, that is not at all what I said. Yours is a prime example of quoting someone out of context and changing the meaning entirely.

I said that the CSA formed its own military from the ranks of the people and from the resigned soldiers and sailors from the USA. The ranks of the people used their own weapons, which they probably wouldn't have owned if not for the 2nd Amendment.

Let me throw out a new argument. The U.S. Supreme Court has declared in civil cases that the police do not have a duty to protect citizens from crime. Where does that leave the citizens? Clearly, it leaves them with the responsibility to defend themselves, or fail to do so at their peril.

An armed populace is one which can defend itself from criminal attackers.

This is hardly an anachronistic notion.

AS
 
Ummm....terrorists are people.

You're missing the point. Suppose we use "nerve gas" instead of gun. "Nerve gas doesn't kill people, people do." Do you really think that's a good argument for allowing nerve gas into the market?

How about guns on plains? I mean afterall guns don't hijack....people do.

A gun left alone has never killed anyone.

Straw man. Anyone actually say that?

"Well nerve gas left alone has never killed anyone, a gun left alone on a plane never hijacked it."



Guns are a very convenient way to kill people. So are cars. So are javelins used at track meets. So are tent stakes. So are kitchen skillets.


Yes but cars, and javelins are a lot harder. Given what you are implying, that for lack of gun people will use things like "cars and javelines" to murder, we should see a rise of such murders in countries with no guns. We don't.

Most gun related murders are caused in the heat of the moment. Such is easy with a gun, harder with a knife or javeline. The latter usually gives the person more time to cool down.


In any event I cannot imagine "drive by shootings" being replaced by "drive by javelines."


BS. Murder was not invented in the U.S.

Attacking straw men like the above proves nothing. You talk a lot about "anti-gun rhetoric" but what the heck is the above?

Maybe now you'll utilize the "You too" fallacy?



Gun murders are relatively rare outside the U.S., but outside the U.S. persons simply find other means for accomplishing the same.

You really need some proof for this, as stats indicates the US has more murders then any other industralized nation.



Humans, like most other predatory and territorial animals, are violent creatures by nature, under the right circumstances.

And so you wish to give them more efficient means to kill eachother, not less? If that's an argument for gun proliferation, it's a non sequitur.



Civilization will never remove certain natural impulses from humans, despite the silly hopeful wishes of so many idealists and peaceniks.

Did anyone say remove or reduce?

Human beings are likewise always ignorant and stupid at some level, that doesn't mean we remove education.



We'll never know unless the U.S. exeriences a huge invasion from a foreign invader, or the Government begins attacking its citizens on a wide scale, or factions of the U.S. military attempt a coup, will we? Perhaps the armed portions of the citizenry might play a substantial role in repelling the attack.

We'll never know for sure, but we can infer what is likely from history. And history shows us that barring extraordinary circumstance, militias tend to play little or no role constructive role. Especially now at days. In fact, what role they do play tends to do more harm then good, as it usually involves the "threatened" government commencing some sort of slaughter.

We also have no evidence at all our own government would ever be involved with the above.

Are we really to allow for gun proliferation based on the far off, hypothetical chance of not only the government becoming tyrranical, but also of some rag-tag militia saving the day? That to me sounds like a right-wing fantasy, not reality.

Also isn't what you suggest above, basically terrorist action? I ask because a lot of right-wing pro-gun advocates tend to be absolutists. And they say "terrorism is always wrong" but I guess if it comes to the supposed Second American Revolution that rule goes right out of the window. Absolutists my foot.


BTW, I would like you to know that Marxist revolutionary groups also agree with gun proliferation, groups like the Sparticus League, as they believe that an armed working class will play a key role in their upcoming revolution.

Now let me ask you two things: 1) What are the chances of this revolution happening in the US? 2) What are the chances that it will ever succeed?


The answer to both is very, very, very low. So low that it seems ridiculous that people would spend a good portion of their lives preparing for it. But is this not essentially what the pro-gun lobby is doing? Except that their "Revolution" would be more right-wing, not left?

My main point is that the Second Amendment was enacted precisely to provide the citizenry a means of protecting the basic liberties and rights guaranteed by the constitution and upon which this nation was founded. Three main threats to such liberties were recognized at the time: 1) foreign invasion; 2) insurrection; and 3) tyrannical use of force against the citizenry by the government (or its military).

Those three threats remain today, just as they have to other societies throughout the history of human civilization. To contend that somehow modern civilization has advanced to the degree that all modern democracies are now benevolent and would never attempt to do its own citizens harm is to be completely ignorant of both ancient and modern history, and/or utterly foolish.


Yes, but you miss the point. My point is not that such threats no longer exists (though they are far fetched), my point is that if they even came, it is unlikely a militia would be worth it weight in salt in turning the tide of anything.

All military information and events in history seem to indicate as much. Did the Kurds overthrow Saddam? Did the Branch Davidians do anything to hurt the feds? Are the Marxist groups in south america, which are both fanatical, ruthless, organized and in a rural area doing much at all?

If they all fail so miserably what makes you think you will succeed? If anything, I would say the Marxists and Kurds would have an even better chance then an american militia, as their government and militaries were not nearly as strong and their areas were far less developed (giving them more places to hide) and not only do they fail, they fail miserably. And not only that, they needlessly get people killed and have usually invoked more hatred from the common people then anything.

Dare I do it? Mention Nazis or fascists? How do you think they came to power? They did it with the willing cooperation of their countries' citizens, who had been democratically governed immediately before their seizing power.

I know this. In fact Hitler was the most popular leader of Europe during his time. Given that, do you think a "insurrection" would have really been so popular? Or do you think it would have simply met with fierce hatred?

Also the Nazis were not in a country with a democratic tradition, it had only recently been given a propped up version. Democracy there was thus hardly as established as it is in the US. Not only that but Germany had just lost a war and been in a major depression. Given that, I doubt gun rights would have done a damn thing. People liked Hitler, they liked the Nazis, and so would have willingly given their guns away at Hitler's request. So much for rebelion.


Think that none of those things could ever happen in modern America?

1) Unlikely.

2) Even more unlikely that a militia would play a serious role in changing the course of events.



Hmmmm.... Who predicted Hitler's phenomenal rise to power and near total domination of continental Europe, both east and west? Who predicted Stalin's suppression of all his opposition by mass murder and exile?

Did any of the above countries have a democratic tradition, or were they used to tyranny? Of course nobody predicted the above, but even a blind man can see that it was far more likely there, then here.

Today America faces the ever-present threat to civil liberties of its own citizens willingly trading them for a sense of greater security. One of the liberties so many of its citizens so often and so passionately argue should be abolished is the right to bear arms. It is perhaps the most important one, however, as an unarmed citizenry is literally defenseless from the three threats enumerated above. Once the citizenry is rendered defenseless, all liberties may be taken away, with or without force.


That sounds like paranoid hyperbole. Freedoms in America are stronger then ever, as is our democracy. You are exagerating both the extent and effect of certain new laws. Now at days we can show damn near anything on TV, even a woman with a fetus growing out of her head and cartoon characters taking dumps, we have a president mocked 24/7 everywhere, and book stores containing literature entitled "Communism and Terrorism" by Leon Trotsky. Does it really seem that given that, it is likely at all that we are sinking into dictatorship?

Are you really getting ready to got out and fight soon?

Because if so, I must say you worry me. And that paranoi alone is reason to take guns out of the hands of certain dangerous and radical people.

Nevertheless, our nation was founded by extremists and radicals. They were rebels.

No, compared to most revolutionary movements our American Revolution was pretty damn calm and moderate. We kept most of the people in power in power, changed very little of the social fabric and faught a government not yet established. That is one reason why it did so well.

Now at days, no revolution would be the same. And one must remember they fought not taxation but taxation without representation. You have representation, utilize that, not violence. Otherwise you are just fighting against the will of the majority, rule of law and democracy, and why should I agree with some radical who fights against that, just because he doesn't like how it turned out? Just because he did not get his way in the elections?

Yes the above does sound extremist and dangerous, and if that is your argument against gun control, I must say it does far more to convince me to side for then against.



They had every right to be paranoid. They understood far better than we do today why trust in the benevolence of government can be so dangerous and misplaced. Health skepticism and wariness is utterly American and utterly justified after even a cursory look at history.

Is this why Wahsington lead an army to the Northern Colonies to squash the whiskey rebelion?

No they did not preach that government was inherently bad, well not all. What was mainly preached was that tyrannical government was bad. Our government is democratic, so your argument does not hold.

I'm all for keeping the Second Amendment. Yes, we have to put up with "gun nuts" and extremist private militia groups. Yes, we have to accept that many guns end up in the hands of those who would misuse them for crime. Yes, we have to put up with accidental shootings. You take the good with the bad.

In this day and age, I'm sorry but I think that criminals, reckless ill-tempered people, psychotics, gun nuts, radical right/left wing groups and private militia nuts who think they are going to play a key in some upcoming Second American Revolution constitute more of a danger to my life, liberty and happiness then some hypothetical government threat that may arise in the future. To me, risking all that is not worth the cost in lives or security. Nor the supposed benefit of having a militia, that in times of crisis, will likely do more harm then good.

You wouldn't seriously argue that those blights mean we should scrap that part of the First Amendment, would you?

False analogy. Freedom of the press is essential for a democracy. Gun rights are not. We consider many nations democratic that have a free press, but no gun rights. But would you consider a nation democratic that had gun rights and no free press?

Why then, should gun crime and violence be used as justifications for disarming the populace who chooses to be armed? Why should it be used to eviscerate much of the intent of the Second Amendment in the first place, which was to place military weapons in the hands of the citizenry (in the form of federal bans on "assault rifles" and machine guns without special and highly restricted licenses)?


Because gun rights are not essential for a democracy. This makes it then a question of values, not democratic norms. And I see much more value in the security which comes from gun control, especially when I look at some of those scary gun nuts and phenomenons like an ex-boyfriend that stalked one of my high school teachers with a gun, then I see in arming ourselves for some upcoming rebelion. And actually, the fact that so many americans see such a rebelion as inevitable or necessary is actually what makes me want to outlaw or at least control the proliferation of guns most of all.


Even if the majority of Americans ever decides to scrap the right to bear arms, it will be the wrong decision made for the wrong reasons.


Ok given the above, Japan, Birtain, Frances and I believe even Israel's decision to outlaw guns was a wrong choice that weakened their democracy, do you really believe that? Would you really be more scared of the government there, then here?



Secondly, your points seem to contradict eachother. On the one hand, you imply that getting rid of guns would do little to curb violence and murder in the US. Or threat of gun nuts. Because people can just as well use cars and javelines and human nature is violent ( the human nature part argues more for gun control then against imo). But at the same time maintain that gun ownership is essential to preserving our freedom, by allowing us to fight off the government.

Essentially then, outlawing guns does little to curb murder, because it does not hamper an individual's power to kill much. But it does hinder our ability to fight off the government i.e. kill.


But why can't we just fight off the government then with "javelines" and "cars"? Obviously because those things are not as powerful or lethal as guns. You know this. You whole talk of necessary rebelion assumes this. Yet when it comes to crime and militia threats you go to great lengths to deny this.

To me one can only get around that by positing the most superfluous, ad hoc rationals.


I ask myself now though, what am I more afraid of: radical militias, ruthless criminals and unstable people in my daily life, or the federal government? The answer is by far the former not the latter. And until that changes, I support gun control.
 
The Viet Cong comes to mind as a modern example. They made quite a difference. Ask any U.S. Army or Marine veteran of the Vietnam conflict in the bush.


The Viet Cong were aided by an established local government, a super-power, the world's most populated nation, by virtue of being a continent away, being popular, and in extraordinarily rural and forested terrain. All of which can very much help a gorilla war. Keep in mind also that the US could have won, and likely was only willing to pull out because the Viet Cong, unlike an american militia, would pose no serious threat to the government. Meaning our military hardly pulled out all the stops (though it could have easily won, if the US government really wanted to.)
And the Viet Cong had to rely on the army of North Vietnam to overthrow their government anyways.


Conditions in america would be radically different, and harder then in Vietnam. Under such conditions, I doubt a militia here would even have a chance. It;s chance of success is equivalent to thatof winning the suoer lotto imo, and its chance of doing more harm then good, about 50/50. Especially since many militias appear to support dubious causes and are composed of unstable people.
 
"My 2 Bit Opinion"


I've always wondered, why, when there is such an indication that the framers thought highly of the right to bear arms that the Second Amendment is couched in such weak terms.

I came up with a theory. It isn't any reading of the second amendment that should get the pro-gun crowd up in arms, rather the wildly expansive interpretation of the commerce clause.

The framers pretty clearly did not anticipate a federal government that would have the power to regulate day to day lives to the extent that they could pass any sort of weapons ban. The federal government, unlike the states, lacks a general police power (the general power to pass laws for public safety, morality and welfare). The commerce clause was intended as an administrative deal, to make sure states played nice with each other, and to facilitate trade. There was no need for a strong right to bear arms, as there was no (to them at that time) realistic way for such a right to be banned. So they settled for the weak militia wording.

For 150 years, almost no one cared.

Then, all heck broke loose when the Supreme Court up and said (more or less) if it has to do with any kind of commerce, it will get across a border sooner or later, so the feds can regulate anything. They then looked over their shoulder and said "Is that what you want Mr. Roosevelt? Wanna drop that stupid packing plan?"

Thus, the feds since then have had a quasi-police power, as long as they can somehow work money and interstate into it, they can regulate it. On the good side, we have the civil rights act of 1964. On the bad side we just pretty much just pulled a fast one on the original intent of the framers. If they had anyway of suspecting that Congress would have the power it has today, I suggest the second amendment would read more like:

"Leave the F*CK*NG GUNS ALONE!!!! No, Seriously. LEAVE THEM ALONE."

Maybe not in those exact words, but pretty close.

But, lo and behold, the 2nd doesn't say that, so we have this mess.
 
DialecticMaterialist said:
Actually they are, though not because any specific citizens are benevolent. But because the system encourages it.

Hmmm...

I've probably missed a couple, but in the history of the Second Amendment the French have had a monarchy, two empires, five republics, and one military occupation.

Which one is the system that avoids tyranny?
 
've probably missed a couple, but in the history of the Second Amendment the French have had a monarchy, two empires, five republics, and one military occupation.

Which one is the system that avoids tyranny?

The last one: democracy.
 
AmateurScientist said:
It's not the German people I was referring to. It's the peoples they conquered so easily. Had the invading Germans met heavy resistance from the populations they invaded, perhaps they would have had a very different war on their hands.

Ok thanks for the clarification but still people under German Occupation resisted and they resisted fiercly. Greece for example has the greatest rates in loses during WWII ( in relation to its population) exactly because of the resistence but the battle was not equal.

You are mostly right to insist that we must try to understand the Second Amendment in its historical context but I believe that this is where the weakest point in your argumentation hides.

One have to prove that the society and its needs that created this right exist in our days too.

Do you suggest that the American society of today has the same needs with the American Society of 18th ce?

Also, I asked again and only xouper brought me an example ( I didn't know about it-I googled and it appeared to me as a case of self-defense) how many times groups of people in the States used their weapons in order to protect their Rights?

What would constitute a major violation of Civil Rights today. What would make you or xouper use your guns apart from protecting yourself from crime?

But AS the essence of the matter hides somewhere else it's not about the protection of civil rights, you mentioned it yourself ( I was amazed that you didn't refer to it to your previous posts--you have built a very solid argumentation but you left this one out so far...)

The real issue about guns AS is what you said here addressing to DD:

Let me throw out a new argument. The U.S. Supreme Court has declared in civil cases that the police do not have a duty to protect citizens from crime. Where does that leave the citizens? Clearly, it leaves them with the responsibility to defend themselves, or fail to do so at their peril.

And I am asking you:

As a free citizen and an educated person do you accept for yourself the role of the cop?

If we accept that citizens are responsible for their protection are you pro the abolition of the police force?

A last remark on a different tone:

xouper: It's true that we might never agree but these discussion are very useful for us the Europeans that we tend to forget that USA is a Federation with a totally different History than ours, also we tend to forget that the 2nd Amendment should be interpreted only in its historical context.
 

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