HoosierDaddy, on 16 December 2012 - 06:03 AM, said:
Gust Hubb, on 16 December 2012 - 05:46 AM, said:
worrywort, on 16 December 2012 - 03:22 AM, said:
Oops, I am trying out mobile and messed something up, will clean that up later. Re: GH, you say "the problem" like mental illness is the only one. Guns are problematic, in and of themselves. Gun culture is a problem, in and of itself. I'm glad Shin used bombs in that comparison instead of some generic tool vs User claptrap...it at least didn't hide the fact that the purpose of these guns, like those bombs, is to kill people.
I didn't say mental illness was the only problem. It's a major problem, but there are a lot of factors that contribute to the formation of a such a malignant person. It's not a fix one thing and solve the problem kind of issue. Just like the elimination of guns in the USA public won't solve the problems caused by these individuals.
Gun culture does have problems. I'm just saying in the context of school shootings, the problem lies more within the person's psychology than their access to weaponry.
A crazy person will bring havoc and destruction. A crazy person with weapons designed solely to kill multiple things in instants CAN cause far more havoc and destruction in a shorter time frame.
You want better mental health care? I'd agree. A single payer system for mental and physical health care would do so. You want less gun crime? Criminalizing ownership of certain guns will do so. Tie the two together and you'll lessen these events. You won't eliminate them though, because there are so many guns in this country that these events will occur
until we realize the 2nd Amendment is as applicable today as the 3/5ths person rule.
I highlighted that last part because it is the most important. For those who want to 'get rid of the guns' you have to get a constitutional amendment. Period. Full stop.
I'm going to list my biases first: I am libertarian in many ways, but recognize that a "pure libertarian" society is every bit as dystopian and impossible as a communist one. Humans are not rational animals. We do not always do what is in our best interest. We are greedy, self serving, egotistical, and social in a negative sense: most of us want to be a part of a society, but none wants to be inferior to others, and there are quite a few who want to feel and be superior to others. (Fascism scares me because fascism would actually work - it is built to feed on all the negatives in human nature.)
I am heavily influenced by the writings of political theorist Hannah Arendt. I recommend to anyone her "On the Human Condition", "On Violence", "Eichmann in Jerusalem" (the source of the phrase 'the banality of evil'), and "Crises of the Republic" a collection of some of her essays which includes iirc "On Violence".
I have read and have some understanding (meaning I've not re-read them multiple times) Adam Smith, Hume, Rousseau, John Locke, John Stuart Mill, Machiavelli, and Thomas Hobbes among others. My interests at the time of reading those was 1) the human condition and human nature, 2) the 'social contract' and how "civil" societies are and should be formed, 3) how horrible shit happens, i.e. genocides.
I view the Founders of the US as what they are: intelligent, learned people (mostly men, but a few women managed to get some minor influence through their husbands), who were doing their best to create a state that maximized individual freedom while still being functional. One based upon laws that all would have to live by. They were all human, with human flaws and foibles, and almost all had a rather narrow view of who actually qualified as 'human'. The Constitution is not inspired by god, it is not perfect by any means, it was constructed in secrecy because the men writing it knew that letting too many people into the process would make their task impossible (and, in no small part, because they didn't want their own friends and family to know which parts they had fought for and against.)
I am not a Constitutional Originalist in the sense that it is used today, Mostly because those who use that term seem to want to go back and re-do that whole "definition of human" bit. I also do not believe that the Constitution is a "fluid, living document' because most who like that phrase seem to want to be able to do anything 'constitutionally' that they want to do without all those pesky rules.
I have been a member of the NRA, but quit when they started getting a bit crazy(ier). I have been a member of the ACLU and only quit because the bastards rented out their membership list to every 3rd organization with a fund raising objective.
Now, back to my point about guns, individuals, and the 2nd amendment. For the "militia == national guard" folks. Yep. You are right. But you all tend to miss the comma.
Quote
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.
These men were deeply afraid of the state and when they wrote the Constitution, "the state" and "my nation" were defined as New Hampshire, Virginia, etc. They had as an example the Shay's Rebellion in Massachusetts where the militia was shooting at the citizens. This was happening
during the time they were in Independence Hall. The Governor of Massachusetts
was
at that very time using the state "militia" to shoot "the people". Those who like to say that the "well regulated militia" and "the people" are the same tend to ignore Shay. As Thomas Hobbes wrote "what do you do when the sheriffe IS the highwayman."
Does that mean that I think 'guns for all' would solve problems? Fuck no. As several have pointed out, technology has moved on. For those who want to base the argument upon the "right of the individual to keep and bear arms" they need to extend that to all arms. By that argument, I should be allowed to legally purchase an F-16 complete with combat load. I should be able to drive an Abram's to the grocery store. I should be able to build and utilize a safe range for practicing with my RPGs. And I should be allowed to own surface to air missiles. You know, just in case.
Reductio ad absurdum ad infinitum ad nauseum.
The problem I have with the ACLU (other than renting of membership list) is that, as an organization, they really like to pretend that the 2nd Amendment doesn't exist. In the same way that many religious political groups like to pretend that the freedom of speech and press parts don't exist (unless applied to them, then they're all for it.) Suggested reading "Free Speech for Me, But Not for Thee".
The problem I have with the NRA
as a defender of a civil right is that they stopped being that years ago. Their sole purpose now appears to me as being the political action arm of weapon's manufacturers. My evidence for this is the astonishingly successful campaign for "concealed carry permit" laws. I have in the past carried a pistol concealed. I can foresee doing so again. (Late night travel on interstate roads is not always safe.) But I would never obtain a concealed carry permit. (For those of you in the "the gubmint can't be trusted" camp, let me point out that "concealed carry permit" is essentially identical with "national gun owner registration".)
All of the proceeding is bring us around to my thesis statement: If you want to get rid of guns entirely, you need to get a constitutional amendment. Because, every chisel mark, every legislative end run around the amendment, every single method used to attack that right
WILL BE USED to weaken the others.
I dislike that churches are tax exempt. But I understand that that comes as part of the price for not having government control of religion. Because when government can control religion, religion becomes a tool of the state. See Russia: Pussy Riot. And for those of you who think religious control of government was a popular idea at the time really need to look at what the Founder's considered recent history: the English Civil War. The men in Philadelphia's Independence Hall were only too aware of what can happen State and Religion clash.
Ok, so I've listed what can't be done and why I think so. Now let me address what can be done within the confines of the 2nd amendment.
There is no interpretation (other than the 'I get to own tanks, jets, and nuclear missiles" idiocy) that bars:
- Limits on clip sizes. Somebody please explain to my what legal purpose they have for 15+ round clips. Other than "cause I can". And there is no rational explanation for 100 round clips.
- Background checks for all sales by licensed dealers and those purchased at gun shows. The gun show organizer should be responsible for having on-site a police officer with access to, at the very least, state criminal database.
- Does that do anything to stop somebody from buying the gun outside the show? Nope. Not a thing. But if the "vast majority of people buying guns at gun shows are law abiding" then what exactly is the problem with walking over to that cop and getting a check done? Make it part of the entrance process: get your name ran, get a single day date stamped photo pass and shop your heart out. All sellers to go through the same process before setting up. Personally I would never buy a gun without a bill of sale from the seller with verified information as to who the person was. I.e. photo ID. I don't want to have to find out later that I have in my possession a firearm that was used to kill somebody in a robbery without having a very solid piece of evidence that I didn't own it at the time. Or simply a stolen firearm. If the seller won't give one, there's something fishy about it to begin with.
- Private seller to private buyer? Don't see a way to slow those down.
- Assault weapons. Yes, the ban on assault weapons was in reality a "ban on guns that look scary". But that's because the NRA got to fiddle with the language. I'm fairly certain that such a law could be written with definitions that would meet the needs. First place to look for those definitions is military order specs.
- Silencers. Really? They are legal in over half the states. They save hearing! So do earplugs. Hunter safety! yeah. right.
- Mandatory waiting period. I like it. But it is probably unconstitutional.
- Limits on quantities of same day ammo purchase. Again, I like it, but it may not be constitutional.
- Banning civilian use of certain ammunitions. Possible, but. I'd be much more willing to argue this one than the preceding two.
I'm sure there are many other things that could be done to limit access without bumping against that pesky 2nd amendment. But that would require that the two extremes are willing to actually do constructive actions. Pro gun side needs to accept that they have went too far with the guns for everybody thing and the Gun Control side needs to admit that the 2nd amendment actually does exist and means what the other side say it means.
It would also mean that all sides have to agree that protecting the Bill of Rights is the top priority. And that's not going to happen.
How many of you think any single part of the Bill of Rights could be passed today as an amendment? The third maybe. But I would wager high dollar amounts that there would be people coming up with arguments why it is ok to quarter troops in private property.
"Between stimulus and response there is a space. In that space is our power to choose our response. In our response lies our growth and our freedom." - Viktor Frankl