eion wrote:Coyote wrote:Awesome-- I must fall into some weird categorical anomaly somewhere, because I have military style gear and weapons, yet I am neither of these. So I suppose that you-- with your indepth training on psychology and sociology, no doubt-- will provide evidence of your claim?
Well you must be in the third group, 12 year old boys
![Wink :wink:](./images/smilies/icon_wink.gif)
That definition was too broad, it is retracted.
Hey, I topped out at 16, I swear. Heh.
the amendment also requires the militia to be well-regulated, which even if we interpret "regulated" to mean "disciplined and trained" rather than "appropriately restricted" (as SCOTUS has done recently) the Arizona law, and most gun laws, clearly fail that definition.
I agree with that-- there need to be some standards of training.
Much as we would like it to believe, the rights enshrined in the Constitution and its amendments are not unbreakable. They may be curtailed, infringed, or limited if a justification can be made under strict scrutiny, that is: The government must have a compelling interest in curtailing a right, the curtailment must be narrowly tailored, and the policy must be the least restrictive means possible.
Limiting a magazine’s size to 3, 5, or X rounds, if it could be shown to have a measurable impact on crime, or gun deaths, or what have you could be argued to fall under those limits.
-The government has a compelling interest in reducing crime/fatalities
-The government is not restricting firearms to single-shot, or banning the storage of multiple rounds in some other manner, including stripper clips.
But in all the big-name spree killings the last 20 years, none of them would have been mitigated by magazine capacity limits. Spree killers from the 80's postal workers to Columbine, VTech, etc have reloaded many times, and some of them even died (typically by their own hands) with leftover ammunition in their pockets when the police closed in several minutes after firing stopped.
Part of the problem is that spree-killers have typically had all the time in the world they wanted to carry out their work. Police always responded with the principles of "cordon the area off, seal it away from the public, and wait for negotiations"-- ie, a hostage scenario with demands. That works for some things, but spree-killers typically don't make demands, aren't interested in hostages, and have no intention of walking out alive. The cops are beginning to realize this, and that the old way of "sealing an area off and waiting" means caging the victims in with the psycho so he can complete his task uninterrupted. The cops, basically, enable them.
Now, the problem with that is not hi-cap magazines, but inadequate Police response and training. Once Police realize they have a spree-killer situation, they need to storm the place immediately and stop the guy.
And what about a guy who has never done anything wrong but owns a gun with a 20+ round magazine? You'll arbitrarily toss him in jail, too?
if the law applied retroactively (which would be necessary as how do you tell a pre-ban magazine from a post-ban) and he had failed to acquire any necessary permit then the conviction would hardly be “arbitrary” any more than a ban on sawn-off shotguns is “arbitrary” or possessing Cuban cigars is “arbitrary”; it’s against the law. I don’t care if he had a good reason to break the law, it’s the law, and you can work to change the law, but just breaking it “because I feel like it” is not a valid argument.
But the Cuban cigar ban is a poor analogy, because we all know that the ban on Cuban cigars is part of a failed political policy. Arbitrary magazine bans would also be a reflection of a political policy born of failure and the need to "pass something, even if it is only feel-good" legislation.
How many crimes are committed using “destructive devices” like grenade launchers? You think criminals are deterred from acquiring those out of some sense of honor? The reason is that legal acquisition of grenade launchers by civilians, while possible, is heavily regulated and taxed enough to discourage it.
That seems like an odd cause-and-effect. You're saying that crimes are not committed with grenade launchers because grenade launchers are regulated and taxed? You're ignoring the fact that grenade launchers are also very impractical for crime (you risk destroying the thing you're trying to steal or wounding yourself if using it in close quarters) and hard to conceal. These would be more practical reasons to avoid using grenade launchers in crime.
If high-volume magazines are similarly restricted (and it is impossible or prohibitively difficult to modify existing magazines and firearms to violate the law, as it should be) then the use of high-volume magazines in crimes will likewise decrease.
But which crimes are those? The crimes that are so statistically rare that you are more likely to be struck by lightning or mauled by a wild animal? The problem with these "feel-good" "solutions" is that they place the blame for wrongdoing on a convenient scapegoat, not necessarily the thing that is the source of the problem. Remember the assault rifle ban; it also banned bayonet lugs and carry straps-- how many people were killed with bayonets or whipped to death with carry straps? None. But the bans were passed because it allowed certain ignorant lawmakers the opportunity to say that they had done "something". It's like the guy who loses his car keys by the dumpster on a dark night, but is searching for the keys by the street light because the visibility is better.
One of the easiest routes for arms trafficking is for an individual to purchase a firearm and sell it to someone who cannot purchase the firearm. Since there is no law requiring “lost” firearms to be reported, most are not, and so many end up in the hands of criminals either because they were stolen and the owner didn’t report it, or the owner sold it, and later claimed it was stolen. Rights carry responsibilities as well, and if it is indeed the intrinsic right of Americans to own any firearm of their choosing, it should carry responsibilities at least as heavy as owning a car, and in any rational world many more than that.
In principle I don't have a problem with this, and it could be discussed more, but look up at what you wrote. Notice anything? Magazine capacity has nothing whatsoever to do with the situation.
Exactly how would the gun community be hurt by being limited to 10-round magazines as opposed to 20-round magazines for their AR-15? They’d have to reload more often? If I can save one life because the criminal couldn’t fire that one extra round without reloading, isn’t that a small price to pay for a little extra time at the firing range?
But you have to prove that "just one life" would be saved by such an arbitrary measure that so far does not seem to have been any deciding factor in crime. Saying that the gun community would be "hurt" or punished may seem silly but the truth is, you're applying a pointless ban on people for nothing other than some posturing.
Look at it this way; "Doom" is a game with, what, 20 levels in it? And some people say "Doom" has promoted violence in teens. So a law comes out that says that violent video games must never have more than 10 levels in them. It's random and arbitrary and has no basis in sense, but you know folks like Tipper Gore would be all over that idea like Genghis Khan on a Swedish princess.
Again, the 2nd amendment is about national defense; it does not exist to protect ones hobby. Any argument from a sporting/hunting perspective is specious.
If it is indeed about national defense, then you're best not limiting potential troops to 5 or 10 round magazines. The M-16 started with 20-round magazines as standard issue and it was found to be inadequate so they started issuing 30-rounders...
And the laws regarding expression have, and are developing to this day. But mention firearms and everyone goes 18th century, “The founders this…” and assumes ANY gun control is somehow a categorical infringement of their right to shoot tin cans and find new and creative ways to make bacon, which again is not why the 2nd amendment exists.
Part of the
Heller case, some of the discussion and opinion commentary IIRC, did state that the establishment of the 2nd as an
individual right (rather than a collective right) did not preclude some restrictions and controls. But establishing what those controls and restrictions could be was yet to be established. And another early case,
US vs. Miller, expressly stated that a sawed-off shotgun was not protected by the 2nd Amendment because it was not a "proper militia weapon" that was covered. So individuals have a right to own weapons, and those weapons must be militia-service compatible. Military style rifles,
restricted to semi-automatic fire (as stipulated in the 1934 gun control act), would be protected. The issue of magazine capacity would seem to be part and parcel with this, since current military-defense doctrine involves routinely issuing 30-round magazines to troops.
So you're talking about an aspect of military style rifles that has been left undefined. Now, a court in the future may decide that 30-round mags are, indeed, un-necessary to a militia --a conclusion I would find odd-- but until the decision is made, basing a ban on any
emotional basis would be wrong.
IIRC, the L7 is a cannon, and indirect fire is also harder to control. ...
It’s a rifled barrel, it shoots a cartridge using a trigger, and the sabot round is non-explosive. It is a damn big rifle, and nothing more. How that is illegal but a .50 BMG rifle is somehow okay boggles me. The level of destruction may be lesser with the .50 BMG rifle but it is still above any reasonable threshold for civilian use.
Oh, a .50 type heavy rifle.
The type of which has never been used in any crime. And those .50-cal heavy anti-materiel rifles also have
very low magazine capacity already. if you applied your own logic evenly, such rifles would be "okay". It seems to me that you ar ebasing your argument son what seems unreasonable
to you based on what
you think should and should not be.
Want to know a secret? If I had my way, I'd ban sports cars. Those $40,000.00 plastic two-seaters with no trunk and more horsepower, speed, and handling that no civilian would ever need or could ever really handle? Damn,
ambulances and
police cars don't handle like that, and if anyone had a need to, it'd be them! But that's because I personally find sports cars to be foolish, selfish indulgences with no practical value. My desire to be rid of them is based on just that-- my personal desire. (The damn things are even advertised on their basis for speed and handling-- practically begging people to buy one and go all
Le Mans on some backcountry road somewhere).
And as many on this board have told us it is simplicity itself to modify magazines or weapons to violate gun control bans, which points to a casual detachment from the seriousness of such actions.
Or a serious contempt for the utter foolishness such a law would represent.
The punitive measures need to be raised, and harsher punishments for companies that manufacture firearms easily modifiable into illegal firearms should face harsh penalties as well.
Modern semi-autos are already made with substandard rifling to handle full-auto conversions. And punishing people or companies for what someone
might do if they got ahold of their wares and decided to use them destructively? The liability insurance on that would be astronomical-- follow that to its logical conclusion and you'd see Ford held liable any time someone used their car as a getaway vehicle for a bank robbery.
McVeigh is a perfect example of why we need strict gun-control, especially with permits. He was caught 75 minutes after the bombing for two reasons, 1) He was driving without tags on his car, and 2) He had an unlicensed firearm. Had he been in a state that did not require a permit to carry a handgun he probably would have been released sooner, and then who knows what the hell would have happened.
So you'd re-write the basis for all law based on a one-off situation that fell together by chance and stupidity? It's a good thing you weren't there for the very first drunk driving incident; we'd have Prohibition and horse-buggies to this day! Really, it was more because of the car driven without tags-- were it not for that, he would not have been stopped at all. So the hero that day was car registration, not weapons permits.
Although again, I do agree that permits to carry concealed is a good idea. But basing an entire body of law on one incident.... not so.
I trap shoot a bit when I’m on vacation, and I have a nice .22 target rifle from my father that he used as a kid, so please don’t lump all us gun-control activists as against guns in principle. I like my hobby, but I recognize there is no constitutional protection to be found for it in the 2nd amendment.
Why do you not see it that way? If you are responsible and safe and follow gun regulations, you are indeed "well-regulated". As an able-bodied person between 18 and 45, you are automatically part of the "militia", potentially able to be called up in case of something horrific happening. And you already "keep and bear arms" even if not 24 hours a day (hell, neither do I).