Gil Hamilton wrote:Coyote wrote:If something like that ever were to happen --which I am extremely dubious of, BTW-- then yes, IEDs of all sorts would come out of the woodwork. But apparantly this is not the point, is it?
A great many of your gun supporting brethren seem to see the strong possibility of a Suddenly Tyrannical US Government. I didn't make up the term "FEMA Concentration Camp", you know. Protection against the government has always been a time honored reason for owning guns amongst the NRA types.
Good thing I'm not one of them, then, huh? Oh, wait, you just assumed I am because I own guns. How thoughtful of you.
Gil Hamilton wrote:You said above that if it was a weapons ban or a de facto weapons ban, it was unconstitutional. That includes everything.
Coyote wrote:Remember that for me, the term "gun" has a specific meaning. A "gun" is a crew-served weapons system, from machinegun up to a cannon. That is a "gun". When talking about military style smallarms, I do not use the term "gun", I use the term "weapon", or sometimes "rifles/pistols" and other specifics.
So when I say a "weapons ban is unconstitutional," I'm not talking about everything from pointy sticks to MIRVs. I'm talking about the subject at hand: man-portable, individual firearms.
Please, people use this trick all the time in seminars around here where, when in the midst of trying to worm their way out of something, they claim that in their department they use a certain term in a certain, specific way and that was the source of confusion, thus they weren't technically wrong, because in the jargon they very well made up on the spot, they are technically correct. It's called feigning ignorance by claiming expertise.
Fuck you. I happen to be trained in exactly this manner, and you can ask any of the other military personnel on the board. A "gun" is a crew-served weapon system. That is a technical description used to describe a specific type of equipment to differentiate it from another piece of equipment. "Jargon" like that --technical descriptions-- are used by people in certain profession for a reason-- to be specific. But then I guess you'd expect a mechanic to take you seriously and treat you as a learned peer and equal if you took your car into the shop and explained that the "doohickey" and the "thingy-ma-bob" were broken.
I saw it the other day in a computational chemistry seminar and somehow I doubt when you saw the title of this thread you went "Arizona is legalizing crew serviced weapon systems without a permit?!" or think the political debate is "crew-served weapons control". So please lets debate honestly here, rather than pretending you don't know what a "gun" or "weapon" means and you were using a narrow peice of jargon.
"Gun" is the generic term applied by the general public who typically does not need to be so precise in their daily use of the term because it is not their profession. I have several years of experience telling me that "gun = crew served weapon" and I will tend to refer to firearms as "weapons" in this and other firearms-related threads (by all means, go find them. You'll see I am fairly consitant in this).
You're the one that tried to apply my use of the term "weapon" to every type of dangerous implement imagineable; others haven't had this problem.
Gil Hamilton wrote:Coyote wrote:But that would go against the notion of "keeping and bearing arms". You keep them with yourself. And again, in the Heller case, it was also stated that a gun kept disassembled was clearly not ready for home defense purposes and could not be counted as such. So the concept of having a gun nearby and ready to use is already accepted as part of the individual right; that was a lot about what Heller focused on: having a gun on hand for personal defense. Not locked at an armory five miles away.
You are trying to have your cake and eat it too. You keep trying to call it a "militia weapon", then you claim that its for home defense.
Then what the fuck are militias expected to do, if not defend their fucking homes? Defend public parks?
If the gun exists as part of duty in a militia, it doesn't matter if it ready for persoanl defense and it doesn't matter if it is in your militia's armory. It is a tool you carry when you are on duty, no? This isn't the 18th century anymore, you know, there is absolutely no reason why a militiaman needs to store his gun at home.
Fortunately, the Supreme Court would disagree with you on that. Which neatly dovetails with how I and many others disagree on that.
Besides, it says that the individual has the right to keep arms. It doesn't say anything about where they have the right to keep them. If you are going to take the militia route, that could easy mean that they have the right to keep them in their state militia's armory unless they are on active duty, doing whatever the hell a state militia does nowadays.
Now you're getting into the definition of the militia and its duties and purposes.
So far those duties and purposes seem to include keeping and bearing arms, surprise surprise. And "keeping and bearing arms" means having them readily available in one's home and one's person. The Supreme Court has access to all sorts of jurisprudence and case history at their disposal, and a staff of thousands to sort through files, cases, and background. They are also highly schooled in Constitutional law and aspects thereof. The result of all this history and knowledge is part of what led to the
Heller verdict, which happens to fall in line nicely with what I have said all along, and that is that gun onwership is an individual right and includes the right (and
ready availability) of self protection.
So whup the dead horse all you want, but the truth is now the only thing left to discuss is what sorts of "regulations" can be applied on top of the decision. We can speculate what sorts of regulations can be applied, but we have to remember that the individual right to keep and bear arms and to have them readily available for personal/home defense is a done deal.
Though, frankly, it seems you are using the term "militia" to mean "ficticious organization that exists solely to let gun enthusiasts have guns without being affected by any gun control laws".
Really? Find where I said that. If you actually read things that I posted, you'd note that I am not a member of any militia, and that I have also said a few more restrictions (primarily training requirements) are actually good ideas I'd like to see implemented. I've also said that th eprinciple of a gun registry is not too offensive to me, although I feel it is unrealistic to expect one. You'd know this if you'd been paying attention instead of trying to find words to put in my mouth or align me with imagined ideological perspectives.
Gil Hamilton wrote:Coyote wrote:I'm saying it depends on the weapons. A ban on pipe bombs is reasonable, but a ban on semi-automatic rifles is not. And remember, the "ban" on machineguns and explosives is not really a true "ban", they are available for people who want to jump through the hoops to get the liscencing. Most people don't feel the need or want to go through the trouble. These are reasonable restrictions and I never claimed otherwise.
Then you concede the point, that you are 100% wrong when you claim that a weapons ban, including individual firearms, is unconstitutional.
A ban on individual firearms
is unconstitutional. You are claiming that I must choose some false bind, an either-or/absolute. You are trying to get me to say that, since a ban on SOME weaponry is Constitutional, then a ban on ALL weaponry could --conceivably-- be Constitutional.
This is a subject about what is reasonable or not. YOU claim that a ban on semi-automatic rifles is unreasonable, but that's the debate, isn't it? Other people may think that banning semi-automatic rifles is entirely reasonable or that you should have to jump through alot of damn hoops before you are trusted to have one.
I think allowing semi-automatic firearms is reasonable, since part of the basis for allowing people to keep and bear arms is for those arms to be useful in a militia context should the time be needed. Semi-automatic rifles are very useful for this purpose. You (and others) have mentioned that IEDs of various sorts could also be very handy in case of some sort of national emergency, but the risks associated with IED experimentation are probably deemed not worth the trouble that would be associated with allowing them to be used by the general public.
Now, you may say "but what about the risks of the militia firearms you argue on behalf of?" I'd have to say that the risks associated with those have been deemed to be within the "acceptable" threshold. Bear in mind that people who want to ban semi-automatic rifles have been unsuccessful in convincing people that these really are major causes of crime on our society. People seem to recognize that these rifles are used in very, very few crimes, and when they are used in crime it is a rare, newsworthy event.
Hence, this is a discussion about opinions, not the Constitution. That's what I'm establishing here.
Then why are you trying to argue that severe firearm restrictions could be Constitutional? That, too, is just your opinion and trust me, I think your opinion is as wrong as you think mine is.
When a gun enthusiast says he has a Constitutional right to his firearm, he is either deliberately lying or mistaken,
Apparantly not, according to the Supreme Court. Unless you'd like to write them a letter to explain how badly they've fucked up and totally misinterpreted the law and Constitiution. Be my guest.
...simply because any legal ban on that firearm just shifts his firearm out of the zone of what counts as bearing arms.
Here is your first glimmer of insight. It is like a tender seedling growing in the landfill. I want to nurture that little sprout and watch it grow, but I have to admit, I have my doubts.
You said "a legal ban on [any particular] firearm" -- that's just it. A legal ban. What about an
illegal (ie, Unconstitutional) ban? That was what was struck down with
Heller.
Now, if you want a
legal ban, go read
Miller and get that warm glow of happiness when you realize that the Supreme Court has already decided, long ago, on at least one example where a ban on a particular type of firearm
was, in fact, legal. That would be sawed-off shotguns. Lo and behold, I agree with that, too, and do not own a sawed-off shotgun nor do I seek to obtain one.
You can also look at the 1934 Gun Control Act and see that-- whaddaya know, the Supreme Court also gave their nod of approval to the severe restriction on civilian-owned automatic rifles, and found that curtailing their ease of availability did not undermine the 2nd Amendment.
You can also look at the 1968 Gun Control Act and see that being able to buy a gun through the mail was restricted, and that, too, did not violate the 2nd Amendment and --shock!-- I also agree with and adhere to that, too.
None of these things are news; none of these things have I ever tried to hide from you or anyone else here, and yet you have constantly tried to show that my willingness to agree and abide by certain regulations means that my clinging to other types of firearms is a surprising, hidden act of hypocrisy (or lying, or dancing around, or whatever). I also don't yell "fire!" in crowded theaters, even though that curtails my 1st Amendment rights.
After all, the Constitution says nothing about what arms you are allowed to bear and as we've established, it's not "any you want".
No one is arguing that point, since no one but you strict-regulation types have been arguing on behalf things like pipe bombs and IEDs. The Supreme Court has apparantly decided that the types of weapons you are allowed to keep and bear are "militia weapons". Sawed-off shotguns, for example, are mentioned specifically as "not counted". The rest of the category is undefined.
Gil Hamilton wrote:I accept the current firearms laws as they are and find them reasonable. Most gun owners are comfortable with them, also, and only a handful are arguing for total, unrestricted access. Remember, I would actually like seeing a few more requirements, mostly related to training, WRT firearms in the general public.
Then why do you throw your lot in with the zealots? How come you say things like this and argue in every damn gun control debate like you are one of the zealots? This reminds me of conservative jackasses who start with the claim "I don't agree with everything Bush did but..." and then proceeds to frantically defend everything Bush did without backdown to the point that it is clear that they agree with everything out of sheer principle.
Explain to me how my stated willingness to require more proficiency training is "throwing my lot in with the zealots"? Explain to me how in every gun control debate I can remember I've said that I'd like to see more training, registration doesn't scare me, and I've even advocated that every firearms owner would, ideally, be liscenced and would periodically take a proficiency test to retain that liscence? I also mentioned that I'd like to see basic firearms safety taught in schools. So tell me, DaVinci, how is that "throwing my lot in with the zealots?"
Oh, wait-- it isn't. It's just because I'm not throwing my lot in with
you, who'd want to see people forced to keep their guns locked up at remote sites that they'd have to ask permission to access. Sorry, but from my point of view,
that is zealotry on
your part, the strict gun-control zealotry that I find as distasteful as I'm sure you find my point of view.
You're like the Republicans: "if you'd only align yourself more closely to our point of view, then I wouldn't see you as such a radical and we could make a deal". In other words, "do it my way or I will continue to call you a radical". It works both ways-- I see your plan as radical and unconstitutional, and so far the Supreme Court seems to be more leaning towards the interpretation I've espoused.
Now, they may narrow the definition of "militia weapons" in the future, and they may define some of the "regulations" mentioned in the dissenting opinions of
Heller, but we'll have to cross that bridge when we come to it. But the cornerstone of what I've said all along --that keeping and bearing firearms for immediate, individual or home defense-- has been upheld. Clarifying that further will be a job for coming litigation. Watch the Chicago case to see how this will fit in the framework of national law.