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RE: The original arguments FOR the second amendment - 10/18/2017 8:07:20 AM   
heavyblinker


Posts: 3623
Status: offline

quote:

ORIGINAL: Nnanji


quote:

ORIGINAL: WhoreMods

quote:

ORIGINAL: heavyblinker
Given America's gun culture and the strong influence of the NRA on the right, I really can't see a gun ban ever ever ever taking place.
I am frankly amazed at how all the gun people are so sure it's just around the corner.

Hysteria about strawmen: it's a lot easier to complain about something draconian that isn't being (and hasn't ever been) proposed than something reasonable (and doable) that has been. The NRA are hardly the only single issue group to have been co-opted by the right who've noticed how well that approach works for the lunatic fringe of the republicans, after all.

And your projections show just how deeply troubled you are.


And your posts show just how unforgivably stupid you are.
You have argued that not letting people have a gun the moment they decide they want one is OPPRESSION.

Maybe it's time to start looking into assisted living.

(in reply to Nnanji)
Profile   Post #: 501
RE: The original arguments FOR the second amendment - 10/18/2017 8:09:52 AM   
WhoreMods


Posts: 10691
Joined: 5/6/2016
Status: offline

quote:

ORIGINAL: Nnanji


quote:

ORIGINAL: WhoreMods

quote:

ORIGINAL: heavyblinker
Given America's gun culture and the strong influence of the NRA on the right, I really can't see a gun ban ever ever ever taking place.
I am frankly amazed at how all the gun people are so sure it's just around the corner.

Hysteria about strawmen: it's a lot easier to complain about something draconian that isn't being (and hasn't ever been) proposed than something reasonable (and doable) that has been. The NRA are hardly the only single issue group to have been co-opted by the right who've noticed how well that approach works for the lunatic fringe of the republicans, after all.

And your projections show just how deeply troubled you are.

I'm not the one who's insisting that barring the mentally ill, people with demonstrable ties to terrorist organisations and professional criminals from buying firearms is the start of a slippery slope that'll end with the removal of the second amendment (or maybe even the whole constitution) and everybody's guns being seized to make it easier to impose a police state.
Assuming that this is the hidden aim of any gun control legislation demonstrates a level of psychological disturbance that I couldn't ever compete with, nancy.

_____________________________

On the level and looking for a square deal.

(in reply to Nnanji)
Profile   Post #: 502
RE: The original arguments FOR the second amendment - 10/18/2017 8:13:37 AM   
Nnanji


Posts: 4552
Joined: 3/29/2016
Status: offline

quote:

ORIGINAL: heavyblinker


quote:

ORIGINAL: Nnanji


quote:

ORIGINAL: WhoreMods

quote:

ORIGINAL: heavyblinker
Given America's gun culture and the strong influence of the NRA on the right, I really can't see a gun ban ever ever ever taking place.
I am frankly amazed at how all the gun people are so sure it's just around the corner.

Hysteria about strawmen: it's a lot easier to complain about something draconian that isn't being (and hasn't ever been) proposed than something reasonable (and doable) that has been. The NRA are hardly the only single issue group to have been co-opted by the right who've noticed how well that approach works for the lunatic fringe of the republicans, after all.

And your projections show just how deeply troubled you are.


And your posts show just how unforgivably stupid you are.
You have argued that not letting people have a gun the moment they decide they want one is OPPRESSION.

Maybe it's time to start looking into assisted living.


Oh Google boy, mumsey wouldn't like you telling lies. You said you blocked me. I guess your pathos just wouldn't let you. BTW, I find it amusing when you lose control and start insulting me. It shows just what you are deep down when you lose control over an internet post from an old guy living in a country at least an ocean away from you. LMAO at you again Google boy.

(in reply to heavyblinker)
Profile   Post #: 503
RE: The original arguments FOR the second amendment - 10/18/2017 11:31:25 AM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline

quote:

ORIGINAL: heavyblinker

quote:

ORIGINAL: jlf1961
Because, unless the flaws in the present law are addressed and fixed, tighter regulations will not work which would then lead to an outright ban.


Exactly why do you think an outright ban on all guns is the natural result of a failed background check system?

Given America's gun culture and the strong influence of the NRA on the right, I really can't see a gun ban ever ever ever taking place.
I am frankly amazed at how all the gun people are so sure it's just around the corner.

I have also noticed that nobody has even bothered to respond to the idea of a Canada-style license-to-own.
I doubt that will ever happen just like I doubt the current system will ever be repaired, but at the very least it makes sense to me.



Simple, those wanting stricter back ground checks that wont work until participation in the data base is mandatory for reporting anyone that would be disqualified, will point once more to the failed system and then make the claim an out right ban is the only solution.

And no, the present system will not likely be fixed anytime soon because, as you pointed out, both sides use the right to privacy as a reason not to, ignoring the fact that the supreme court has already struck that argument down with the sex offender registration laws.

So, if the right to privacy does not apply to a sex offender due to the possibility impacting public safety, how the fuck does it apply to someone that either the courts or an institution has determined that their mental illness constitutes a danger to public safety?

_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

(in reply to heavyblinker)
Profile   Post #: 504
RE: The original arguments FOR the second amendment - 10/18/2017 1:04:34 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: WhoreMods

quote:

ORIGINAL: heavyblinker
Given America's gun culture and the strong influence of the NRA on the right, I really can't see a gun ban ever ever ever taking place.
I am frankly amazed at how all the gun people are so sure it's just around the corner.

Hysteria about strawmen: it's a lot easier to complain about something draconian that isn't being (and hasn't ever been) proposed than something reasonable (and doable) that has been. The NRA are hardly the only single issue group to have been co-opted by the right who've noticed how well that approach works for the lunatic fringe of the republicans, after all.

NY , CA, and NO all used registration to confiscate. The fact that NY and CA didn't
take all guns doesn't mean that registration didn't lead to confiscation.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to WhoreMods)
Profile   Post #: 505
RE: The original arguments FOR the second amendment - 10/18/2017 1:49:47 PM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline

quote:

ORIGINAL: BamaD


quote:

ORIGINAL: WhoreMods

quote:

ORIGINAL: heavyblinker
Given America's gun culture and the strong influence of the NRA on the right, I really can't see a gun ban ever ever ever taking place.
I am frankly amazed at how all the gun people are so sure it's just around the corner.

Hysteria about strawmen: it's a lot easier to complain about something draconian that isn't being (and hasn't ever been) proposed than something reasonable (and doable) that has been. The NRA are hardly the only single issue group to have been co-opted by the right who've noticed how well that approach works for the lunatic fringe of the republicans, after all.

NY , CA, and NO all used registration to confiscate. The fact that NY and CA didn't
take all guns doesn't mean that registration didn't lead to confiscation.



Bama, you are aware that there is an ATF form that is filled out with every gun purchase and the retailer has to keep a copy of that forms in their records, so, in reality, if the law wanted to confiscate firearms, all they have to do is go to every retailer and pick up all the ATF Firearms Transaction Records?

In a very real sense, you registered the gun with the Department of Justice when you bought the damn thing.

So, seriously, the argument is flawed since all it takes is a court order.

_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

(in reply to BamaD)
Profile   Post #: 506
RE: The original arguments FOR the second amendment - 10/18/2017 2:08:08 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: BamaD


quote:

ORIGINAL: WhoreMods

quote:

ORIGINAL: heavyblinker
Given America's gun culture and the strong influence of the NRA on the right, I really can't see a gun ban ever ever ever taking place.
I am frankly amazed at how all the gun people are so sure it's just around the corner.

Hysteria about strawmen: it's a lot easier to complain about something draconian that isn't being (and hasn't ever been) proposed than something reasonable (and doable) that has been. The NRA are hardly the only single issue group to have been co-opted by the right who've noticed how well that approach works for the lunatic fringe of the republicans, after all.

NY , CA, and NO all used registration to confiscate. The fact that NY and CA didn't
take all guns doesn't mean that registration didn't lead to confiscation.



Bama, you are aware that there is an ATF form that is filled out with every gun purchase and the retailer has to keep a copy of that forms in their records, so, in reality, if the law wanted to confiscate firearms, all they have to do is go to every retailer and pick up all the ATF Firearms Transaction Records?

In a very real sense, you registered the gun with the Department of Justice when you bought the damn thing.

So, seriously, the argument is flawed since all it takes is a court order.

And the argument is well founded because

A NY got "assault weapons " registered then made it illegal to own them.

B Ca got the sks registered while promising not to confiscate them and a year
later decided that a law on the books when they made the promise "forced them
to confiscate.

C NO confiscated all guns after Katrina. Courts eventually ruled that it
was unconstitutional but nobody did jail time and by the time of the rulings
the guns had been destroyed. Then, of course there paperwork to prove whose guns were
stolen by the government.

Registration would make it much easier and a single court order would not do it.
To do that the president would have to file that he had unilaterally repealed the 2nd,
and there would be instant repercussions.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to jlf1961)
Profile   Post #: 507
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WickedsDesire


Posts: 9362
Joined: 11/4/2015
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Profile   Post #: 508
RE: The original arguments FOR the second amendment - 10/18/2017 3:13:26 PM   
tamaka


Posts: 5079
Status: offline
quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: heavyblinker

quote:

ORIGINAL: jlf1961
Because, unless the flaws in the present law are addressed and fixed, tighter regulations will not work which would then lead to an outright ban.


Exactly why do you think an outright ban on all guns is the natural result of a failed background check system?

Given America's gun culture and the strong influence of the NRA on the right, I really can't see a gun ban ever ever ever taking place.
I am frankly amazed at how all the gun people are so sure it's just around the corner.

I have also noticed that nobody has even bothered to respond to the idea of a Canada-style license-to-own.
I doubt that will ever happen just like I doubt the current system will ever be repaired, but at the very least it makes sense to me.



Simple, those wanting stricter back ground checks that wont work until participation in the data base is mandatory for reporting anyone that would be disqualified, will point once more to the failed system and then make the claim an out right ban is the only solution.

And no, the present system will not likely be fixed anytime soon because, as you pointed out, both sides use the right to privacy as a reason not to, ignoring the fact that the supreme court has already struck that argument down with the sex offender registration laws.

So, if the right to privacy does not apply to a sex offender due to the possibility impacting public safety, how the fuck does it apply to someone that either the courts or an institution has determined that their mental illness constitutes a danger to public safety?



It may have something to do with that 'innocent until proven guilty' (of actually commiting a crime) thing.

(in reply to jlf1961)
Profile   Post #: 509
RE: The original arguments FOR the second amendment - 10/18/2017 3:33:05 PM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline

quote:

ORIGINAL: tamaka




It may have something to do with that 'innocent until proven guilty' (of actually commiting a crime) thing.




Uh, lets see if I can explain this in terms that even a rock can understand.

If they have been found to be mentally incompetent by a judge, because of violent acts related to some mental condition, while technically not guilty of a crime, they have been determined by a judge to be a danger to the public safety, therefore, their right to privacy is no longer valid when it comes to the purchase of a firearm.

Again, public safety trumps the right to privacy.

Or to put it another way, it is the same as if someone is found to have an STD, the health department has the authority to get the names of the person's sexual partners so they can 1) be informed and 2) stop it from spreading, and while most times people cooperate, in the event they dont, the health department has the authority to use whatever means necessary to warn the public, even if it means running a notice in the paper with the person's picture.

Public health and safety again trumps the right to privacy.

Or the famous perp walks in some bigger cities, people arrested are basically marched through a crowd of new photographers, whether convicted or not.

Or the nice little sections of the local papers where people arrested in the previous 24 hours are listed, along with what crimes they have been accused of.

Or in the case of sex offenders who must remain on the sex offender registry for the rest of their lives even after completing their sentences, again the ruling is that the right of privacy does not supersede public safety concerns.

So, you agree that a sex offender being required to register for the rest of his life is in the interest of public safety, but a person determined by the court as being a danger to public safety should have their information sealed?

Sorry, but the argument does not hold up, but you are willing to have another Sandy Hook or Virginia Tech massacre?

_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

(in reply to tamaka)
Profile   Post #: 510
RE: The original arguments FOR the second amendment - 10/18/2017 3:39:02 PM   
tamaka


Posts: 5079
Status: offline

quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: tamaka




It may have something to do with that 'innocent until proven guilty' (of actually commiting a crime) thing.




Uh, lets see if I can explain this in terms that even a rock can understand.

If they have been found to be mentally incompetent by a judge, because of violent acts related to some mental condition, while technically not guilty of a crime, they have been determined by a judge to be a danger to the public safety, therefore, their right to privacy is no longer valid when it comes to the purchase of a firearm.

Again, public safety trumps the right to privacy.

Or to put it another way, it is the same as if someone is found to have an STD, the health department has the authority to get the names of the person's sexual partners so they can 1) be informed and 2) stop it from spreading, and while most times people cooperate, in the event they dont, the health department has the authority to use whatever means necessary to warn the public, even if it means running a notice in the paper with the person's picture.

Public health and safety again trumps the right to privacy.

Or the famous perp walks in some bigger cities, people arrested are basically marched through a crowd of new photographers, whether convicted or not.

Or the nice little sections of the local papers where people arrested in the previous 24 hours are listed, along with what crimes they have been accused of.

Or in the case of sex offenders who must remain on the sex offender registry for the rest of their lives even after completing their sentences, again the ruling is that the right of privacy does not supersede public safety concerns.

So, you agree that a sex offender being required to register for the rest of his life is in the interest of public safety, but a person determined by the court as being a danger to public safety should have their information sealed?

Sorry, but the argument does not hold up, but you are willing to have another Sandy Hook or Virginia Tech massacre?


I'm just wondering what group will be next on the registry list.



(in reply to jlf1961)
Profile   Post #: 511
RE: The original arguments FOR the second amendment - 10/18/2017 3:58:59 PM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline

quote:

ORIGINAL: tamaka


quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: tamaka




It may have something to do with that 'innocent until proven guilty' (of actually commiting a crime) thing.




Uh, lets see if I can explain this in terms that even a rock can understand.

If they have been found to be mentally incompetent by a judge, because of violent acts related to some mental condition, while technically not guilty of a crime, they have been determined by a judge to be a danger to the public safety, therefore, their right to privacy is no longer valid when it comes to the purchase of a firearm.

Again, public safety trumps the right to privacy.

Or to put it another way, it is the same as if someone is found to have an STD, the health department has the authority to get the names of the person's sexual partners so they can 1) be informed and 2) stop it from spreading, and while most times people cooperate, in the event they dont, the health department has the authority to use whatever means necessary to warn the public, even if it means running a notice in the paper with the person's picture.

Public health and safety again trumps the right to privacy.

Or the famous perp walks in some bigger cities, people arrested are basically marched through a crowd of new photographers, whether convicted or not.

Or the nice little sections of the local papers where people arrested in the previous 24 hours are listed, along with what crimes they have been accused of.

Or in the case of sex offenders who must remain on the sex offender registry for the rest of their lives even after completing their sentences, again the ruling is that the right of privacy does not supersede public safety concerns.

So, you agree that a sex offender being required to register for the rest of his life is in the interest of public safety, but a person determined by the court as being a danger to public safety should have their information sealed?

Sorry, but the argument does not hold up, but you are willing to have another Sandy Hook or Virginia Tech massacre?


I'm just wondering what group will be next on the registry list.





Well, so far they have added individuals on the terrorist watch list, but hey, that sorta makes sense.

But, to be honest, that is the only addition that has been made in 49 years, or almost half a century, and that was done under the patriot acts, which makes it hard for a Muslim to purchase a firearm generally because of the similarity of male names which may match someone on the watch list, like a six month old child that was bared from taking a flight to see a heart specialist because he had the same name as one on the terrorist watch list.

_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

(in reply to tamaka)
Profile   Post #: 512
RE: The original arguments FOR the second amendment - 10/18/2017 4:59:08 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: tamaka


quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: tamaka




It may have something to do with that 'innocent until proven guilty' (of actually commiting a crime) thing.




Uh, lets see if I can explain this in terms that even a rock can understand.

If they have been found to be mentally incompetent by a judge, because of violent acts related to some mental condition, while technically not guilty of a crime, they have been determined by a judge to be a danger to the public safety, therefore, their right to privacy is no longer valid when it comes to the purchase of a firearm.

Again, public safety trumps the right to privacy.

Or to put it another way, it is the same as if someone is found to have an STD, the health department has the authority to get the names of the person's sexual partners so they can 1) be informed and 2) stop it from spreading, and while most times people cooperate, in the event they dont, the health department has the authority to use whatever means necessary to warn the public, even if it means running a notice in the paper with the person's picture.

Public health and safety again trumps the right to privacy.

Or the famous perp walks in some bigger cities, people arrested are basically marched through a crowd of new photographers, whether convicted or not.

Or the nice little sections of the local papers where people arrested in the previous 24 hours are listed, along with what crimes they have been accused of.

Or in the case of sex offenders who must remain on the sex offender registry for the rest of their lives even after completing their sentences, again the ruling is that the right of privacy does not supersede public safety concerns.

So, you agree that a sex offender being required to register for the rest of his life is in the interest of public safety, but a person determined by the court as being a danger to public safety should have their information sealed?

Sorry, but the argument does not hold up, but you are willing to have another Sandy Hook or Virginia Tech massacre?


I'm just wondering what group will be next on the registry list.





Well, so far they have added individuals on the terrorist watch list, but hey, that sorta makes sense.

But, to be honest, that is the only addition that has been made in 49 years, or almost half a century, and that was done under the patriot acts, which makes it hard for a Muslim to purchase a firearm generally because of the similarity of male names which may match someone on the watch list, like a six month old child that was bared from taking a flight to see a heart specialist because he had the same name as one on the terrorist watch list.

So the people on the list are not properly identified but is a good thing to deprive people of their rights?

Is it used for voters?

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to jlf1961)
Profile   Post #: 513
RE: The original arguments FOR the second amendment - 10/18/2017 5:03:21 PM   
tamaka


Posts: 5079
Status: offline

quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: tamaka


quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: tamaka




It may have something to do with that 'innocent until proven guilty' (of actually commiting a crime) thing.




Uh, lets see if I can explain this in terms that even a rock can understand.

If they have been found to be mentally incompetent by a judge, because of violent acts related to some mental condition, while technically not guilty of a crime, they have been determined by a judge to be a danger to the public safety, therefore, their right to privacy is no longer valid when it comes to the purchase of a firearm.

Again, public safety trumps the right to privacy.

Or to put it another way, it is the same as if someone is found to have an STD, the health department has the authority to get the names of the person's sexual partners so they can 1) be informed and 2) stop it from spreading, and while most times people cooperate, in the event they dont, the health department has the authority to use whatever means necessary to warn the public, even if it means running a notice in the paper with the person's picture.

Public health and safety again trumps the right to privacy.

Or the famous perp walks in some bigger cities, people arrested are basically marched through a crowd of new photographers, whether convicted or not.

Or the nice little sections of the local papers where people arrested in the previous 24 hours are listed, along with what crimes they have been accused of.

Or in the case of sex offenders who must remain on the sex offender registry for the rest of their lives even after completing their sentences, again the ruling is that the right of privacy does not supersede public safety concerns.

So, you agree that a sex offender being required to register for the rest of his life is in the interest of public safety, but a person determined by the court as being a danger to public safety should have their information sealed?

Sorry, but the argument does not hold up, but you are willing to have another Sandy Hook or Virginia Tech massacre?


I'm just wondering what group will be next on the registry list.





Well, so far they have added individuals on the terrorist watch list, but hey, that sorta makes sense.

But, to be honest, that is the only addition that has been made in 49 years, or almost half a century, and that was done under the patriot acts, which makes it hard for a Muslim to purchase a firearm generally because of the similarity of male names which may match someone on the watch list, like a six month old child that was bared from taking a flight to see a heart specialist because he had the same name as one on the terrorist watch list.


I guess there's pros and cons to everything. :(

(in reply to jlf1961)
Profile   Post #: 514
RE: The original arguments FOR the second amendment - 10/18/2017 7:30:15 PM   
MercTech


Posts: 3706
Joined: 7/4/2006
Status: offline
The ATF form with the certification that a person is lawfully eligible to own a firearm is kept at the gun dealer's office. When the gun dealer terminates their firearm license (closes the shop, retires, goes bankrupt, any reason) the firearm purchase records are sent to the ATF and entered into their database.

Where did I learn this? From an incident my Uncle had. My Uncle's house was broken into. Part of what was stolen was a 38 police revolver purchased by his grandfather in the 1930s.

A large professional burglary ring was busted and my Uncle's property was found among recovered property. The FBI did tracking on all firearms found and had a listing for the original purchase of the revolver and tracked it to the heir that inherited it; my Uncle. Firearm theft and transport across state lines seems to be a Federal crime. After the trial, my Uncle got his revolver and rifle back. The perpetrators got 12 years for burglary and 70 years for multiple federal firearms violations.

The takeaway is that firearms records can be to your benefit. But, do you really trust that all those phone in NICS checks really fall out of records after 90 days?

I don't think anyone will argue that the mentally incompetent should be barred from purchasing or owning firearms, explosives, and other deadly weapons. The continuing argument is over who gets to decide who is or is not mentally competent. Currently, it requires a court hearing on mental competence to get a person legally declared as "incompetent" and unable to exercise full civil rights.
It has been proposed that civil rights should be abrogated for being on the no-fly list, have a peace bond on your for domestic violence, or if ever treated for depression. Please not that none of those three require a court hearing where a defense may be made by the person having their rights abrogated. My personal opinion is that removing civil rights without due process is a violation of the constitution and should not be tolerated.
The laws already on the books need to be followed. I'm thinking of the fact that if a court clerk had entered Dylan Roof's conviction into the NICS database in a timely manner; Roof would not have been able to purchase firearms for shooting up a church.

(in reply to tamaka)
Profile   Post #: 515
RE: The original arguments FOR the second amendment - 10/18/2017 7:42:56 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: MercTech

The ATF form with the certification that a person is lawfully eligible to own a firearm is kept at the gun dealer's office. When the gun dealer terminates their firearm license (closes the shop, retires, goes bankrupt, any reason) the firearm purchase records are sent to the ATF and entered into their database.

Where did I learn this? From an incident my Uncle had. My Uncle's house was broken into. Part of what was stolen was a 38 police revolver purchased by his grandfather in the 1930s.

A large professional burglary ring was busted and my Uncle's property was found among recovered property. The FBI did tracking on all firearms found and had a listing for the original purchase of the revolver and tracked it to the heir that inherited it; my Uncle. Firearm theft and transport across state lines seems to be a Federal crime. After the trial, my Uncle got his revolver and rifle back. The perpetrators got 12 years for burglary and 70 years for multiple federal firearms violations.

The takeaway is that firearms records can be to your benefit. But, do you really trust that all those phone in NICS checks really fall out of records after 90 days?

I don't think anyone will argue that the mentally incompetent should be barred from purchasing or owning firearms, explosives, and other deadly weapons. The continuing argument is over who gets to decide who is or is not mentally competent. Currently, it requires a court hearing on mental competence to get a person legally declared as "incompetent" and unable to exercise full civil rights.
It has been proposed that civil rights should be abrogated for being on the no-fly list, have a peace bond on your for domestic violence, or if ever treated for depression. Please not that none of those three require a court hearing where a defense may be made by the person having their rights abrogated. My personal opinion is that removing civil rights without due process is a violation of the constitution and should not be tolerated.
The laws already on the books need to be followed. I'm thinking of the fact that if a court clerk had entered Dylan Roof's conviction into the NICS database in a timely manner; Roof would not have been able to purchase firearms for shooting up a church.

You are correct about it being a civil rights violation. You are also correct about roof.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to MercTech)
Profile   Post #: 516
RE: The original arguments FOR the second amendment - 10/18/2017 8:50:59 PM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline

quote:

ORIGINAL: BamaD


quote:

ORIGINAL: jlf1961


Well, so far they have added individuals on the terrorist watch list, but hey, that sorta makes sense.

But, to be honest, that is the only addition that has been made in 49 years, or almost half a century, and that was done under the patriot acts, which makes it hard for a Muslim to purchase a firearm generally because of the similarity of male names which may match someone on the watch list, like a six month old child that was bared from taking a flight to see a heart specialist because he had the same name as one on the terrorist watch list.

So the people on the list are not properly identified but is a good thing to deprive people of their rights?

Is it used for voters?


No, I am saying that the terrorist watch list has names of people that are the same as citizens in the US, without any photo or age etc, just the name, so some infant with a heart condition born in the United States is barred from a plane because of a name, although there are some on these boards that will claim if it stops one terrorist....

The point is that when a person is found mentally deficient in a competency hearing, then their name should go on the prohibited register. And even if they voluntarily commit themselves, if it is found that there is a serious danger warranting holding them in an institution, then there is a hearing with a judge to decide that, so again, there is due process.

A mental health provider can also either on his own after some sessions with the patient or at the request of a patient's family make the recommendation for someone to be committed for up to 7 days for observation, since the 73 hour period that police can request rarely reveal a persons nature (primarily because for that 72 hours, they are medicated.)

There is a process to either put someone on the prohibited list or even remove them, including felons who petition the governor to restore their full civil rights. Thus it is not a permanent thing that follows someone around for their entire life.

However, by withholding that information it allows individuals who are emotionally or mentally unstable to purchase guns and then we get Virginia Tech, or in the case of Sandy Hook, the shooters father tried to get the man committed and the mother fought it, and ended up being killed by the shooter and her guns used in the school shooting.

However, getting to your regulation argument, as I said, you basically already registered the damn thing at purchase when the required forms are filled out. The only real argument at this point is being required to pay an additional fee to whatever agency you would have to register the gun with.

You say it would be used for confiscation, yes, it could be.

However, if that meant that the authorities confiscated the gun belonging to those very people who are not, by law, allowed to possess them, i.e:

convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

who is a fugitive from justice;

who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);

who has been adjudicated as a mental defective or has been committed to any mental institution;

who is an illegal alien;

who has been discharged from the Armed Forces under dishonorable conditions;

who has renounced his or her United States citizenship;

who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or

who has been convicted of a misdemeanor crime of domestic violence.

Would that not be enforcing an already existing law?

As for the government coming after your guns, all it takes is a court order (if they do it legally) or a police raid to get all those forms from a gun retailer then it wouldnt matter one way or the other, they would know where the owners of guns are and how to get them.

At that point, if the 2nd has not been repealed, then would that not be the exact argument that many of us are putting forth as for the reason that it should not be?


_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

(in reply to BamaD)
Profile   Post #: 517
RE: The original arguments FOR the second amendment - 10/18/2017 8:51:43 PM   
tamaka


Posts: 5079
Status: offline

quote:

ORIGINAL: MercTech

The ATF form with the certification that a person is lawfully eligible to own a firearm is kept at the gun dealer's office. When the gun dealer terminates their firearm license (closes the shop, retires, goes bankrupt, any reason) the firearm purchase records are sent to the ATF and entered into their database.

Where did I learn this? From an incident my Uncle had. My Uncle's house was broken into. Part of what was stolen was a 38 police revolver purchased by his grandfather in the 1930s.

A large professional burglary ring was busted and my Uncle's property was found among recovered property. The FBI did tracking on all firearms found and had a listing for the original purchase of the revolver and tracked it to the heir that inherited it; my Uncle. Firearm theft and transport across state lines seems to be a Federal crime. After the trial, my Uncle got his revolver and rifle back. The perpetrators got 12 years for burglary and 70 years for multiple federal firearms violations.

The takeaway is that firearms records can be to your benefit. But, do you really trust that all those phone in NICS checks really fall out of records after 90 days?

I don't think anyone will argue that the mentally incompetent should be barred from purchasing or owning firearms, explosives, and other deadly weapons. The continuing argument is over who gets to decide who is or is not mentally competent. Currently, it requires a court hearing on mental competence to get a person legally declared as "incompetent" and unable to exercise full civil rights.
It has been proposed that civil rights should be abrogated for being on the no-fly list, have a peace bond on your for domestic violence, or if ever treated for depression. Please not that none of those three require a court hearing where a defense may be made by the person having their rights abrogated. My personal opinion is that removing civil rights without due process is a violation of the constitution and should not be tolerated.
The laws already on the books need to be followed. I'm thinking of the fact that if a court clerk had entered Dylan Roof's conviction into the NICS database in a timely manner; Roof would not have been able to purchase firearms for shooting up a church.


Hey Jlf.... Here's that slippery slope I mentioned.

(in reply to MercTech)
Profile   Post #: 518
RE: The original arguments FOR the second amendment - 10/18/2017 9:31:07 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: BamaD


quote:

ORIGINAL: jlf1961


Well, so far they have added individuals on the terrorist watch list, but hey, that sorta makes sense.

But, to be honest, that is the only addition that has been made in 49 years, or almost half a century, and that was done under the patriot acts, which makes it hard for a Muslim to purchase a firearm generally because of the similarity of male names which may match someone on the watch list, like a six month old child that was bared from taking a flight to see a heart specialist because he had the same name as one on the terrorist watch list.

So the people on the list are not properly identified but is a good thing to deprive people of their rights?

Is it used for voters?


No, I am saying that the terrorist watch list has names of people that are the same as citizens in the US, without any photo or age etc, just the name, so some infant with a heart condition born in the United States is barred from a plane because of a name, although there are some on these boards that will claim if it stops one terrorist....

The point is that when a person is found mentally deficient in a competency hearing, then their name should go on the prohibited register. And even if they voluntarily commit themselves, if it is found that there is a serious danger warranting holding them in an institution, then there is a hearing with a judge to decide that, so again, there is due process.

A mental health provider can also either on his own after some sessions with the patient or at the request of a patient's family make the recommendation for someone to be committed for up to 7 days for observation, since the 73 hour period that police can request rarely reveal a persons nature (primarily because for that 72 hours, they are medicated.)

There is a process to either put someone on the prohibited list or even remove them, including felons who petition the governor to restore their full civil rights. Thus it is not a permanent thing that follows someone around for their entire life.

However, by withholding that information it allows individuals who are emotionally or mentally unstable to purchase guns and then we get Virginia Tech, or in the case of Sandy Hook, the shooters father tried to get the man committed and the mother fought it, and ended up being killed by the shooter and her guns used in the school shooting.

However, getting to your regulation argument, as I said, you basically already registered the damn thing at purchase when the required forms are filled out. The only real argument at this point is being required to pay an additional fee to whatever agency you would have to register the gun with.

You say it would be used for confiscation, yes, it could be.

However, if that meant that the authorities confiscated the gun belonging to those very people who are not, by law, allowed to possess them, i.e:

convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

who is a fugitive from justice;

who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);

who has been adjudicated as a mental defective or has been committed to any mental institution;

who is an illegal alien;

who has been discharged from the Armed Forces under dishonorable conditions;

who has renounced his or her United States citizenship;

who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or

who has been convicted of a misdemeanor crime of domestic violence.

Would that not be enforcing an already existing law?

As for the government coming after your guns, all it takes is a court order (if they do it legally) or a police raid to get all those forms from a gun retailer then it wouldnt matter one way or the other, they would know where the owners of guns are and how to get them.

At that point, if the 2nd has not been repealed, then would that not be the exact argument that many of us are putting forth as for the reason that it should not be?


Those are all things that would keep them from getting the guns in the first place.
Are you trying to claim that in NO the only confiscated illegal purchased firearms?
If so why did they lose the lawsuit. It was because they used the registration
to confiscate all firearms. Then they made people prove that firearms that had been in the family
50 years had undergone the background checks that didn't even exist then.
Ca and NY both outright lied to the people about their intent.
Many anti gun officials make no bones about wanting to confiscate.
Why make it easy. They will do like CA and NY and only confiscate one class of weapons
and claim that doesn't count as confiscation because they didn't take every gun.
OR they will do like NO and claim an emergency.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to jlf1961)
Profile   Post #: 519
RE: The original arguments FOR the second amendment - 10/18/2017 10:07:14 PM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline

quote:

ORIGINAL: BamaD


quote:

ORIGINAL: jlf1961


quote:

ORIGINAL: BamaD


quote:

ORIGINAL: jlf1961


Well, so far they have added individuals on the terrorist watch list, but hey, that sorta makes sense.

But, to be honest, that is the only addition that has been made in 49 years, or almost half a century, and that was done under the patriot acts, which makes it hard for a Muslim to purchase a firearm generally because of the similarity of male names which may match someone on the watch list, like a six month old child that was bared from taking a flight to see a heart specialist because he had the same name as one on the terrorist watch list.

So the people on the list are not properly identified but is a good thing to deprive people of their rights?

Is it used for voters?


No, I am saying that the terrorist watch list has names of people that are the same as citizens in the US, without any photo or age etc, just the name, so some infant with a heart condition born in the United States is barred from a plane because of a name, although there are some on these boards that will claim if it stops one terrorist....

The point is that when a person is found mentally deficient in a competency hearing, then their name should go on the prohibited register. And even if they voluntarily commit themselves, if it is found that there is a serious danger warranting holding them in an institution, then there is a hearing with a judge to decide that, so again, there is due process.

A mental health provider can also either on his own after some sessions with the patient or at the request of a patient's family make the recommendation for someone to be committed for up to 7 days for observation, since the 73 hour period that police can request rarely reveal a persons nature (primarily because for that 72 hours, they are medicated.)

There is a process to either put someone on the prohibited list or even remove them, including felons who petition the governor to restore their full civil rights. Thus it is not a permanent thing that follows someone around for their entire life.

However, by withholding that information it allows individuals who are emotionally or mentally unstable to purchase guns and then we get Virginia Tech, or in the case of Sandy Hook, the shooters father tried to get the man committed and the mother fought it, and ended up being killed by the shooter and her guns used in the school shooting.

However, getting to your regulation argument, as I said, you basically already registered the damn thing at purchase when the required forms are filled out. The only real argument at this point is being required to pay an additional fee to whatever agency you would have to register the gun with.

You say it would be used for confiscation, yes, it could be.

However, if that meant that the authorities confiscated the gun belonging to those very people who are not, by law, allowed to possess them, i.e:

convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

who is a fugitive from justice;

who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);

who has been adjudicated as a mental defective or has been committed to any mental institution;

who is an illegal alien;

who has been discharged from the Armed Forces under dishonorable conditions;

who has renounced his or her United States citizenship;

who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or

who has been convicted of a misdemeanor crime of domestic violence.

Would that not be enforcing an already existing law?

As for the government coming after your guns, all it takes is a court order (if they do it legally) or a police raid to get all those forms from a gun retailer then it wouldnt matter one way or the other, they would know where the owners of guns are and how to get them.

At that point, if the 2nd has not been repealed, then would that not be the exact argument that many of us are putting forth as for the reason that it should not be?


They will do like CA and NY and only confiscate one class of weapons
and claim that doesn't count as confiscation because they didn't take every gun.
OR they will do like NO and claim an emergency.



Guess you forgot this fact:

quote:

President George W. Bush signed into law the Department of Homeland Security Appropriations Act, which contained an NRA-backed amendment sponsored by Sen. David Vitter (R-La.). The amendment prohibits persons acting under color of federal law, receiving federal funds, or acting at the direction of a federal employee from seizing or authorizing the seizure of lawfully-possessed firearms or imposing or enforcing certain restrictions on firearms during a state of emergency.


As for the california law, it is still under injunction pending appeals.

Unless you are referring to California SB104, which only allows the confiscation of guns from people who may have purchased them legally, but are no longer legally allowed to own or possess firearms under the federal regulations set up 49 years ago.

As for the New York SAFE act, again that has been stopped pending lawsuits, many will most likely end up before SCOTUS and with the present court being heavily conservative, its a safe bet they will be thrown out.

However, once again, in each case you have cited, the state has been stopped and appeals and lawsuits filed, and so far, the only one appealing decisions are the states, and they are losing.

The actions in New Orleans was thrown out and a law passed preventing it from happening again.

We have a heavily pro gun SCOTUS and with Trump in office, it is sure to stay that way until the dems get elected again.

Do you really have a problem with those who have been convicted of crimes that would prohibit them from owning guns having their guns confiscated?

Hell the three cases under the NY safe act that turned out to be bullshit and the gun owners sued and got their guns back and are nailing a nearly bankrupt state by winning the cases, NY is quickly running out of options.

The only way to beat the anti gun movement is just as true today as it always has been, meet them halfway or kick their ass in court, SCOTUS has pretty much killed every attempt at local bans for years, all citing the 2nd.

The only way a ban is going to happen is if the present laws are not fixed, meaning the back ground checks and some nut job takes manages to break a hundred in a one time body count.

Oh, FYI, the lack of registration of firearms is pretty much a deal of the last 60 or 70 years, sorta stopped when some states started disbanding their militias.

_____________________________

Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

(in reply to BamaD)
Profile   Post #: 520
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