Submitted by Guest Blogger, Lawrence Rafferty
In light of the tragic shooting today in Arizona, I have to wonder aloud if automatic weapons should be banned by this country. I realize that the 2nd Amendment right to own a gun is strongly defended by the NRA and other right-wing groups, but I am sick and tired of reading about all of the shootings the past couple of years. Whether it was the shootings earlier this year at various United States Marine sites around the country or the California shootout in July with the guy who was trying to attack the ACLU and the TIDES non-profit organization; the vitriol seems to be on the rise. http://www.msnbc.msn.com/id/40978517/ns/us_news-crime_and_courts/ And with politicians fanning the flames, this vitriol is not bound to be diminished anytime soon.
The Second Amendment is a very concise 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.” http://www.usconstitution.net/const.html#Am2 We have seen various attempts over the years by the Feds and many States and municipalities to restrict gun ownership. The recent Supreme Court case of McDonald , et al vs. City of Chicago, Illinois, et al affirmed the fundamental right of Americans to own a gun by a 5-4 decision. http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf The McDonald decision did not give us any guidance on what kind of restrictions to that fundamental right the Supreme Court would allow. However, how can automatic weapons or high-powered rifles be exempt from an outright banning of their ownership or at least significant restrictions on their use? Can a good faith argument really be made that an automatic weapon is necessary for personal protection?
The Supreme Court Justices do not live in a bubble and they must see what damage these weapons have already brought to families across the nation. Don’t they?
Blouise wrote, in part:
“Was that a response from your logical or your emotional self?”
__________
Um, er, I plead the 5th. I am afraid I might get ‘shot down’ in the Venus v Mars War of Words crossfire…consider me an innocent bystander since I stated I wanted others to reply before I did.
any bets on the shooters favorite news channel?
F FedLEO, I didn’t post anything… I just escaped Illinois a week ago, and until I escaped I was afraid to post anything… I will put the whole story up soon… but as far as we know, we have no legal recourse as a result of the plea bargain… After seeing what happened to Brian Aitken, it was probably the better move.
savaship,
My family had a “gun” situation last year. We cleaned out and sold my mother’s house. One of the objects that she kept down in the basement was a German luger that my father had brought home after WW II. Because of the gun laws in my state, my brother-in-law was afraid to transport the gun to a gun dealer–so he had to have the dealer come to my mother’s house. I, too, think that some gun laws may be too restrictive.
That said, the victims of gun violence–and the families and friends of victims of gun violence have a right to be angry and emotional too.
“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” – Thomas Jefferson
Thanks Buddha for rthe kind words. I have been thinking about this subject for awhile and I couldn’t wait any longer after the horrible news today.
Jason,
you mentioned earlier the story about the elderly woman who eventually killed her assailant with a shotgun. Was that a semi-automatice shotgun? My point is that banning or restricting one type of gun is not the same as removing all guns.
Ladies, et al; keep up the good fight. This really shouldn’t be a male vs female issue. It is a life and death issue that revolves around something that even Scalia agreed with in one of the gun cases. That reasonable restrictions on guns may be possible. Of course, the devil is in the details of what reasonable, but effective restrictions can be agreed upon to reduce or eliminate the deadliest of weapons that have little or no self defense purpose.
Buddha,
Spoon at rest
savaship,
Is there more information about your case within your website? Consent/illegal search, et cetera?
Blouise sez: “It was OS who called me emotional … if one can belittle the other person’s opinion then one can intimidate said person into submission.”
I went back an looked at what I said. What I said was that you were making an argument based on emotion rather than logic. That is a true statement, and quite different from calling you emotional. Frankly, I have no idea if you are an emotional type person or not–I do not know you.
I am, however, waiting for someone to offer a workable plan for going up into the Appalachian mountains and taking guns from the residents there. Now I will be the first to admit that most of those folks with whom I am acquainted are rather emotional about their guns. Where would you like flowers sent for your memorial service? There will only be a memorial for the “gun collector,” because I think I am safe in saying the body will never be found so there won’t be a real funeral.
Now … final approach:
That 9 year old girl had a stronger right to live than that 22 year old man had to own a gun. But guess what … the gun won. And that is America!
to Rafferty: afraid i am “that naive”. i was looking for a brief account of the key decisions that got us from the actual words in the second amendment to where we seem to be now, something like what professor turley might present in a few minutes on maddow or olbermann. jurists such as scalia claim to be reading the original intent of the words in the constitution. i just don’t understand how one could understand the words in the second amendment to mean that anybody ought to be able to carrynhand guns around, much less to mean that we need guns to protect us from the government. maybe we do, but i don’t think that is what the words say. i do appreciate your providing the link embedded in your original query, but it will take a while to slog through. thanks.
one arguement used by gun control opponents is that a crazed person with a gun wouldn’t get very far against an armed populace.
I admit, I am a bit emotional about the issue. Simply put, my family has just fled from a state where our rights don’t exist. Fought a 2 year court battle around a charge called “aggravated unlawful use of a weapon” simply for attempting to take an unloaded, cased, under the back seat handgun to a repair shop… and that was a felony. After the plea bargain and sentence was served, and over $50,000 later, we decided to flee Illinois for good. We were victims of the gun control movement, and I am at times very quick to try to quash the rhetoric, because the effects of gun control on people attempting to be lawful… they’re devastating to their lives – devastating to my life. Gun control advocates have ruined my life, and I’m still rebuilding, years later… Should I be angry, or not?
“machines that are”
Pardon. Cat juggling tonight.
Elaine,
No. I’m for reasonable restrictions but I spelled that out above. There are guns adequate for self-defense – even from government – that aren’t the purposefully designed mass human killing machines are fully automatic weapons. No one needs to own an AR-15 or an AK-47 when a shotgun and a .45 will keep you just as safe unless you anticipate fighting hordes of zombies.
michellefrommadison,
lol … I knew you got it from the getgo
Buddha,
Do you believe that there should be no restrictions put on the kinds of weapons that American citizens can own?
Swarthmore mom
1, January 8, 2011 at 11:30 pm
Elaine; You make a good point. Many of the gun proponents are very very angry men.
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Yes … Yes … look at what I said and then at the responses I got … they attributed all kinds of things to me that I never said and then chastised me for saying them … it was pure emotionalism about GUNS
I see the spoon and the pot, Blouise.
I’m just saying the spoon leads to an untenable and unconstitutional answer.
Buddha,
I haven’t made any recommendations other than to tell the dead 9 year old girl why guns were so important. And guess what … the poop hit the fan!
Come on … surely you see it.