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- Newsgroups: sci.skeptic
- Path: sparky!uunet!beauty!josh
- From: josh@Happy-Man.com (Joshua_Putnam)
- Subject: Re: 2nd Ammendment
- Message-ID: <1992Nov6.192816.25570@Happy-Man.com>
- Followup-To: talk.politics.guns
- Reply-To: Joshua_Putnam@happy-man.com
- Organization: Happy Man Corp., Vashon Island, WA 98070-7399
- References: <51419@seismo.CSS.GOV> <1992Nov5.133648.1557@cbfsb.cb.att.com> <1992Nov5.182632.22314@Happy-Man.com> <1992Nov6.035143.22068@cbfsb.cb.att.com>
- Date: Fri, 6 Nov 1992 19:28:16 GMT
- Lines: 98
-
- In <1992Nov6.035143.22068@cbfsb.cb.att.com> colten@cbnewsb.cb.att.com (marc.colten) writes:
-
- >In article <1992Nov5.182632.22314@Happy-Man.com>, josh@Happy-Man.com (Joshua_Putnam) writes:
- >> In <1992Nov5.133648.1557@cbfsb.cb.att.com> colten@cbnewsb.cb.att.com (marc.colten) writes:
- >>
- >> >In article <51419@seismo.CSS.GOV>, tcarter@seismo.CSS.GOV (Thomas Carter) writes:
- >>
- >> >1) A 12 year old boy takes his father's pistol to school with him.
- >> > Can school officials take it away?
- >>
- >> The boy is violating Federal law by carrying the pistol to
- >> school, so even if the states had no power to regulate the
- >> carrying of concealed weapons, the gun can be taken and the
- >> boy arrested.
-
- >Where does it say in the constitution that the federal government
- >can decide who is old enough to have a gun, and where they can take
- >it? I though the RKBA was above regulation?
-
- Not in any of the copies of the Constitution I have seen --
- perhaps yours needs proofreading? The RKBA applies to "the
- people," as do the other amendments in the Bill of Rights.
- Nothing in the Constitution overrides the legal definition
- of a person, so far as I can see. Of course, if you think
- all human beings always qualify as legal "people," I suppose
- you must support overturning Roe v. Wade, which turned on
- the definition of a "person" in the context of
- Constitutional guarantees.
-
- >>
- >> >2) A violent criminal is released on bail. His first stop is
- >> > a gun store - can he be forbidden to buy the gun?
- >>
- >> Criminals may not buy guns under Federal and State laws, so
- >> they usually don't shop for guns at gun stores.
-
- >Where does it say in the constitution that the federal government
- >can decide that you lose your right to RKBA just becuase you
- >were convicted of a state crime (like murder)? As for criminals
- >not buying in gun stores - all becuase of rules that say they can't.
- >Under a strict interpretation of the RKBA (yours not mine) they
- >should be able to.
-
- Nonsense. They, as convicts, have lost many of their civil
- rights. This is part of the punishment for attacking
- society.
-
- >> while you certainly have a right to keep and bear
- >> arms (if you aren't menatlly unstable or a convict,
- >> alcoholic, or drug addict, etc.), this does not give you the
- >> right to brandish those arms in public.
- >>
- >Oddly another message implied that I had the right to do just
- >that until I fire - guess I should vote for that guy, not you.
- >He said the worst I was doing was "disturbing the peace".
-
- Perhaps in your world, disturbing the peace is legal? It
- isn't in most.
-
- >> >4) You like to ride on public transportation, holding your Magnum
- >> > in your hand. Is this against any law? Occasionally you playfully
- >> > point it at an old lady and "Pow! Pow!". Is this legal?
- >>
- >> Again, publicly brandishing your weapons is illegal. You're
- >> disturbing the peace and probably committing assault, too.
- >>
- >same as above.
-
- Exactly. Your actions are criminal. You have the right to
- own and carry the gun, not to threaten others with it.
- Can't you see the difference?
-
- >And yet all the arguing has been that these laws mean to restrict
- >gun ownership as unconstitutional. It is my argument that they
- >are not. Which side are you on?
-
- Laws restricting the right of the people, as the term is
- used in the context of civil rights guarantees, to keep and
- bear arms, are just as bad as laws restricting the rights of
- the people to vote, assemble peaceably for redress, speak,
- be secure in their lives & property, etc.
-
- None of the situations you described involve laws
- infringing on the right of the people to keep and bear arms,
- so your arguments seem out of place. Assault is illegal,
- whether committed with a gun or an ax. Disturbing the
- peace is illegal, whether done with a gun or a baseball bat.
- Civil rights, including the right to vote, have been denied
- to convicts and minors throughout history, as they do not
- have the same legal standing as noncriminal adults.
- (Remember, for example, that the Constitution explicitly
- permits slavery *as a punishment for criminals*, just not on
- any other, arbitrary criteria.)
- --
- Joshua_Putnam@happy-man.com Happy Man Corp. 206/463-9399 x102
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