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Does The 2nd Amendment Provide Absolute Protection To Gun Owners?


DonRocks

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20 minutes ago, Ericandblueboy said:

Why not repeal the 2nd amendment?  I’d prefer no guns at all.  Wanna kill animals, be a butcher.

I believe it needs approval by 38 state legislatures.  Not there now.  Maybe following elections.  Regardless there are more than 12 very red very pro gun states wherein that makes it very very difficult

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1 hour ago, DaveO said:

Voting out the NRA supporters is coming up sooner rather than later.

When this happens (and I think it *is* happening) - once sufficient momentum is obtained - things might move very swiftly - then, once people look back, they're going to be ashamed of how long it took.

This person is going to rue the day he ever said this:

"NRA Host Taunts Parkland Teens: 'No One Would Know Your Names' if Classmates Were still Alive" by Cleve R. Wootson, Jr. on washingtonpost.com

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51 minutes ago, DonRocks said:

And then there are the polls of voters

The WashPo wonkblog piece came out today and referenced Justice Stevens comments. 

This is an issue that undoubtedly hits the hot button of political polarization.  Historically the NRA, since it went political in the 1970's, has been promoting the primacy of the 2nd Amendment for about 50 years.  Before that nobody cared.  This is one volatile shitty political topic that is one of the most severe "tribal" polarizing issues in the US.  

As an aside it was interesting to see that Mike Bloomberg who in recent years may have become the most outspoken proponent of gun control who was also putting his ample fortune behind his words spoke very favorably about the student driven protests and encourages others to follow their lead.

Just my opinion but after about 50 straight years of NRA driven of connecting rights, Americanism, etc with the 2nd Amendment and creating a very voluble focused public that ardently supports it,  it will take similarly focused efforts to get a single issue voting public that wants to limit or repeal the 2nd Amendment.  This issue makes blood curdle.  Its a shame, but it does.

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14 minutes ago, DaveO said:

Just my opinion but after about 50 straight years of NRA driven of connecting rights, Americanism, etc with the 2nd Amendment and creating a very voluble focused public that ardently supports it,  it will take similarly focused efforts to get a single issue voting public that wants to limit or repeal the 2nd Amendment.  This issue makes blood curdle.  Its a shame, but it does.

My guess - and it's just a guess based on some degree of experience and wisdom - is that the first time people hear something so radical, they are repelled by such change. Then, as the years go by (and as the lives are lost), it starts to become more palatable. This goes for just about everything - who would have ever thought, just five years ago, that gay marriage or marijuana would be legalized? Repealing the 2nd Amendment is a L-O-N-G-term thing, but once people realize that, logically, guns should be treated similarly to cars, then their hard stances will begin to soften. What people really need to get through their thick skulls are things such as the three-fifths compromise, which was "The Supreme Law of the Land" for a long, long time after the 2nd Amendment came into being - repealing the 2nd Amendment is no more Satanic than repealing the 18th was. The monolith is beginning to be chipped away, slowly, but surely - this is, of course, but one man's opinion.

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Another article on the very recent comment by recently retired Justice Stevens

Nice little history both fairly recent and some background.  Justice Stevens wrote the chief dissents in the two Supreme Court cases in 2008 and 2010 that gave some level of Supreme Court okay on the 2nd Amendment protecting the right to own firearms.  It was not absolute.   The article delves into some of his perspectives, reminds folks of the fairly recent history of the NRA pushing this right, and references a quote from former Chief Justice Earl Warren reflecting on the efforts of the NRA. 

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I am going to go out on a limb here.  The 2nd Amendment will never be repealed.  To do so requires two-thirds approval from both the House and Senate, followed by three-fourths approval of the states.  

While I am at it, I am going to go out on another limb.  The NRA is not responsible for our gun laws.  The NRA is functionally no different than the NEA or AARP.  Each one lobbies on behalf of their members to further what they believe their members' interests are.  The people responsible for enacting law are the 535 members of the House and the Senate (Eleanor Holmes Norton gets no vote, probably a good thing.  I had her as a professor in law school, she always seemed a little confused). Every member of Congress is not only lobbied by the NRA, but they are also lobbied by anti-NRA forces.  Why are the anti-NRA forces not blamed for their perceived failures?

One of the most recent shootings shows not the lack of gun laws, but the complete failure of government on every level to enforce the laws on the books and to input into the national database perceived and proven emotional problems that should prevent people from being approved for purchasing guns.

Finally, I am proposing that we ban tablespoons.  Obesity will be gone tomorrow!

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18 minutes ago, Finatic said:

I am going to go out on a limb here.  The 2nd Amendment will never be repealed.  To do so requires two-thirds approval from both the House and Senate, followed by three-fourths approval of the states.  

While I am at it, I am going to go out on another limb.  The NRA is not responsible for our gun laws.  The NRA is functionally no different than the NEA or AARP.  Each one lobbies on behalf of their members to further what they believe their members' interests are.  The people responsible for enacting law are the 535 members of the House and the Senate (Eleanor Holmes Norton gets no vote, probably a good thing. 

Do you think that pharmaceutical lobbying is responsible for perpetuating the pervasive use of narcotics or antibiotics, or that tobacco lobbying is responsible for perpetuating nicotine addiction? Or does it all boil down to these fine, trustworthy 535 people, none of whom have taken bribes, either directly or indirectly?

If the answer to any of these questions is "No," then why does the American Pharmacists Association have a building at 535 Constitution Avenue? This one:

DMX611.jpg

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4 minutes ago, DonRocks said:

Do you think that pharmaceutical lobbying is responsible for perpetuating the pervasive use of narcotics or antibiotics, or that tobacco lobbying is responsible for perpetuating nicotine addiction? Or does it all boil down to 535 people, and if so, do you think any of those 535 people have taken bribes, either directly or indirectly?

If the answer to any of these questions is "No," then why does the American Pharmacists Association have a building at 535 Constitution Avenue? This one:

DMX611.jpg

I do not think the pharmaceutical industry is responsible for the abuse and overuse of narcotics or antibiotics.  A licensed doctor has to prescribe the use of their products.  Do doctors abuse that? Definitely!  But the sleazebag doctors doing so do not have deep enough pockets, so the government goes after the people with the money.  

The whole tobacco thing is very different.  When the multi-state legal action against the tobacco companies occurred, the states' attorney generals seemingly threw their constituents under the bus by granting immunity to the tobacco companies for cash in their pockets.  If tobacco is as inherently dangerous as many (including me) think it is, why enter into a settlement agreement that incentivizes the companies to sell more, and incentivizes the states to have them sell more?

I do suspect some of our politicians have accepted bribes.  The Clinton Foundation comes to mind.  The congressman with $80,000 in his freezer comes to mind.  (Gave a new meaning to cold cash!)

You are forgetting the Pharma.org building on the corner of 23rd (or is it 24th) and Pennsylvania.  

Have you been to the AARP headquarters?

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10 hours ago, Finatic said:

I do not think the pharmaceutical industry is responsible for the abuse and overuse of narcotics or antibiotics.

That's all I needed to read. I'm in Europe, and I don't want to engage in an argument - I wish to "discuss to learn," and not "argue to win," and this would be a long, drawn-out, off-topic discussion - maybe when I get home in another thread?

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We live in a country (at least I do as you claim to be in Barcelona) that seemingly has 300,000,000 guns.  If guns were so inherently dangerous. we should all be dead.  It is not the gun, but the person holding it.  Glad you picked up om the reductio ad absurdum.  An effective way of communication. After all of the abuse I have received from you over the years, I am officially signing off of this website forever.   You are supposed to be a moderator.  If you want to espouse your views, start a blog!

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On 3/27/2018 at 7:31 PM, Finatic said:

We live in a country (at least I do as you claim to be in Barcelona) that seemingly has 300,000,000 guns.  If guns were so inherently dangerous. we should all be dead.  It is not the gun, but the person holding it.  Glad you picked up om the reductio ad absurdum.  An effective way of communication. After all of the abuse I have received from you over the years, I am officially signing off of this website forever.   You are supposed to be a moderator.  If you want to espouse your views, start a blog!

I'm sorry, I thought I made it clear that my views on gun control would be confined to this thread, and that I feel so strongly about this one issue, that I made it an exception to the "no politics or religion" tenets of this website. 

Once again, I feel the need to emphasize: I am neither a Republican, nor a Democrat: I'm a political Independent, and judge each issue on its on merits.

I am entitled to espouse my views just as every other member of this website is.

I just read through about half of your posts - I *guess* this is what you consider abuse?! One thing you may not have realized is that, while I certainly know your name, I had always thought you were a contented member of this community, and had always looked forward to your thoughts. I wish you'd write me privately and give me some constructive criticism as to what has been bothering you.

I'm sorry you're leaving, and we'll miss you. 

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11 minutes ago, Finatic said:

I view myself as a libertarian.

Interesting to see you can edit your posts without it showing they were edited.  Here versus hear! Now it says read!

[Can you not? If not, that's something I can fix. I had no idea. Everyone should have about 12-24 hours (I can't remember what the setting is) to edit their posts - I call it the "Drunken Regret" setting. And if someone *really* goes on a bender, all they need to do is write me, and I'll help them out. :)]

[Anything I say as Moderator (as opposed to a regular old poster) is enclosed in brackets - I try not to overuse them.]

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Remington gets $75 million lifeline  -  while working through recent Chapter 11 filing.  The loan will allow Remington to continue pursuing a deal to cut as much as $620 million in debt. The company succumbed to a plunge in demand for guns that has dragged down the industry.Remington has asked for loans totaling $338 million to be approved by April 29, but only a portion has been approved so far.

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On 3/27/2018 at 6:47 PM, Finatic said:

Every member of Congress is not only lobbied by the NRA, but they are also lobbied by anti-NRA forces.  Why are the anti-NRA forces not blamed for their perceived failures?

Because any anti-NRA force doesn't have the backing of any massive corporate interest. Are there companies making anti-guns?

You're reminding me of the climate change deniers' claim that global warming is hoax perpetrated by Al Gore and the tree-huggers so they can make billions by cleaning up the environment. Meanwhile, we had the former CEO of Exxon as our fucking Secretary of State.

Follow the money.

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2 hours ago, DaveO said:

Follow the kids’ lead and it can also protect the cops

I think it can *primarily* protect the cops, and *indirectly* reduce police violence - I'd err on the side of brutality myself if every single time I replied to a call, I knew there was a distinct possibility of a "bad guy with a gun" waiting to end my life.

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The NRA said guns will be banned during a Pence speech. Parkland students see hypocrisy. by Alex Horton of the Washington Post

“You may disagree … but in my opinion the very people that claim to protect the 2A should never host an event that requires disarming the good guys. Sad. No excuses for this … it makes us look stupid,” the commenter said.

Nah, you were stupid from the start.

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7 minutes ago, Al Dente said:

The NRA said guns will be banned during a Pence speech. Parkland students see hypocrisy. by Alex Horton of the Washington Post

“You may disagree … but in my opinion the very people that claim to protect the 2A should never host an event that requires disarming the good guys. Sad. No excuses for this … it makes us look stupid,” the commenter said.

Nah, you were stupid from the start.

[I know, I know, but please resist the urge to employ "x is a y" comments.]

That said, how do they know who the "good guys" are? Can they be guaranteed that everyone who walks in there is a good guy?

Extending that little piece of logic, how do they know who the "good guys" are who walk into gun stores?

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I had a weird feeling the other day.  I was in blissfully happy Arlington.  I was on the way home from my overpriced gym membership, the uber hipster farmer's market was going on across the street, where hipsters and millennials of every creed and color were lining up for Timber Pizza and Korean food, buying overpriced organic goods.  It was warm out, people were walking their dogs, other people were jogging with strollers, it was the pure picture of Arlington.  On my way home I saw what I would describe as a big redneck white guy with not quite shaved head, but super short buzzed hair scowling at life.  I got a weird feeling.  I took a couple glances to make sure I didn't see a gun- and more specifically an AR15.  I grew up in bum-f^(& where rednecks are an everyday occasion and I am white.  Now maybe he was scowling because he just lost his sunglasses or because the chic-fila is closed because of mall construction.  But it gave me an uneasy feeling, I was glad I didn't see a gun on him, if he did I would have gone to the police, but if he has a carry permit- what can they do, or would they do.  We don't know who the good or bad guys are at this point, but we haven't ever really known.  It is just a lot scarier with guns that shoot so many so quickly, so easily available.  I have shot guns, my family all own guns (for hunting and animal protection mainly)- I don't think people should own that type of gun.

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42 minutes ago, ktmoomau said:

  But it gave me an uneasy feeling, I was glad I didn't see a gun on him, if he did I would have gone to the police, but if he has a carry permit- what can they do, or would they do

For Clarification:  just remember if he had a gun exposed and it is not concealed, he does not need a permit in Virginia.  If he had a concealed carry permit, you would likely not observe the gun in the "open." Forgive if I am stating the obvious, but I know there are many misinterpretations regarding this issue.

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@ktmoomau  l liked and agreed with your post above.  Without cutting and pasting both the background description of the setting and the ominous sense you felt from one person who didn’t fit the setting as described.

We met and from our conversation I learned I’m of the same generation as the parents of someone you knew from school, the parents being the only folks I know from your particular bumf#^]~<k, USA.  

Thinking back to where I grew up (where there were less guns because we were far from hunting country) it was a good thing there were less guns for several reasons:  the main one, as I recall, being that in a number of classes of about 200 students or so there was ALWAYS some ominous dangerous lout or more than one who would have been a candidate for a mass shooting.    Take that subset of one dangerous hombre among every 200 and multiply it by the population of the DC region and put one or more of those people in stylish Ballston and every so often one of them will go nuts and that idyllic setting will be shattered.  Move a few miles from Ballston to a poorer more wretched part of the region and periodically shootings take place and innocents die.

Obe huge difference between when I grew up and now is that there are infinitely more guns everywhere and open carry emboldens anyone including the nuts among us.

It is a lot scarier.  Any freak can get a gun.  Anything can set them off.    

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On 4/30/2018 at 7:00 PM, ktmoomau said:

I had a weird feeling the other day.  I was in blissfully happy Arlington.  I was on the way home from my overpriced gym membership, the uber hipster farmer's market was going on across the street, where hipsters and millennials of every creed and color were lining up for Timber Pizza and Korean food, buying overpriced organic goods.  It was warm out, people were walking their dogs, other people were jogging with strollers, it was the pure picture of Arlington.  On my way home I saw what I would describe as a big redneck white guy with not quite shaved head, but super short buzzed hair scowling at life.  I got a weird feeling.  I took a couple glances to make sure I didn't see a gun- and more specifically an AR15.  I grew up in bum-f^(& where rednecks are an everyday occasion and I am white.  Now maybe he was scowling because he just lost his sunglasses or because the chic-fila is closed because of mall construction.  But it gave me an uneasy feeling, I was glad I didn't see a gun on him, if he did I would have gone to the police, but if he has a carry permit- what can they do, or would they do.  We don't know who the good or bad guys are at this point, but we haven't ever really known.  It is just a lot scarier with guns that shoot so many so quickly, so easily available.  I have shot guns, my family all own guns (for hunting and animal protection mainly)- I don't think people should own that type of gun.

I acknowledge every part of this story, including the part wherein you might have reported him to the police.  That is what I would have done.

OTOH:  Here is a story where two kids were identified as looking dangerous, pointed out and detained. 

Its called racial profiling in the story.  The kids were every bit as much of that group as every other member.  Its a learning experience.  Life in current times isn't simple

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1 hour ago, Ferris Bueller said:

It has been several weeks since anyone posted here - are we losing interest?

Being completely honest here: I was driving around DC yesterday, saw the flags at half-mast, and for about ten seconds, I had no idea why.

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Obama's former education secretary advocates for idea that parents should pull their kids out of school until Congress passes stricter gun laws

  • Idea first proposed by former assistant education secretary Peter Cunningham
  • Arne Duncan agreed, calling the boycott 'brilliant' and 'tragically necessary'
  • Tweets came hours after 10 were murdered at Santa Fe High School on Friday
  • Duncan's tweet received hundreds of messages of support from parents

I thought this interesting - not necessarily realistic.

 

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This is a little off topic about the 2nd Amendment and guns in domestic American society but then moves back on topic.

Over the last two weeks our bartending school has had a student who fought in Iraq during the "surge" period, around 2007-2009.  He was in the army stationed in Baghdad and was a member of a unit memorialized by the the book The Good Soldiers, by David Finkel.  The unit was the Army 2-16 battalion nicknamed the Rangers.  Our student mentioned that he didn't realize how bad it was, but the book made it more clear.

Part of the reason he didn't realize how bad conditions were was because he was injured by a type of IED in 2008.  It left him in a 6 week coma, he has titanium in his skull and he has lost one arm severed to his shoulder.  Seeing him in class is stunning.  It is 10 years since his war injury and very long recovery and he is still working to find his way in life.  In class he is trying to figure out how to do a job that requires 2 hands.  We are helping him, but it is his effort.  He knows infinitely more about kitchen and life equipment built for people with one working arm.  I only discovered these types of every day tools after meeting and speaking with him.  He has learned about their utility since he moved out of recovery and therapy over the last 8-9 years.

I am stunned, flabbergasted and in awe of his efforts.  He is dealing with life.  He has a wonderful dog by the way...his companion. 

To get a feel of conditions at that time a video shown by David Finkel who was embedded with this unit:

https://www.youtube.com/watch?v=wjXMpj_5raU

Getting back to guns in American domestic society:  It is tragic and crazy that our citizenry faces this type of violence from guns and weapons that are meant for war.  Around the world these weapons are banned from domestic use.  They are not in our nation and we suffer the consequences.  This year to date more American kids in schools have died by gunfire than all deaths in the American military during 2018 to date.  We have soldiers in Iraq, Syria, Afghanistan, and other dangerous places.  They are better protected than our kids.  That is a travesty.

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9 hours ago, DaveO said:

and another school shooting this morning:  This one in Indiana at a middle school.  Events and news unfolding this morning.  Indiana:  Pence sends his prayers....

Hero science teacher tackled student gunman at Indiana school

...and another story in OK - Armed citizen who shot Oklahoma gunman told worried crowd, 'I'm here to help'

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On 5/25/2018 at 12:44 PM, DaveO said:

and another school shooting this morning:  This one in Indiana at a middle school.  Events and news unfolding this morning.  Indiana:  Pence sends his prayers....

The shooter was s member of that 7th grade class.  He was excused from class then walked back in with 2 pistols and shot another student plus the teacher who disarmed him.

That means the shooter was 12 or 13.  

There are far too many easily accessible guns available and it threatens everyone.  Meanwhile Pence let them know he had them all in his prayers.   

His prayers don’t seem to work. 

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Before posting I glanced at the title of this thread:  Does the 2nd Amendment provide absolute protection to gun owners?

With the shooting in Annapolis these Now dead 5 people were absolutely not protected

The shootings occur everywhere in every environment in every corner of the nation.

Those in power are dedicated to not doing anything on the issue.   

The 2nd Amendment does squat for Americans shot by other Americans with guns.  It leaves a living pain for the family members and friends of the Americans who were shot.  

As it is currently interpreted by the Supreme Court this is the Amendment from hell for the dead and their families.  

Change the legislatures and ther is an opportunity to change its impact

Meanwhile, still closer to home:  This shooting occurred in Courthouse, Arlington early this morning

 

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9 hours ago, Ferris Bueller said:

Has the Parkland momentum slowed...not really hearing anything about the movement which was well-publicized for months.

Some of the leaders among the Parkland kids are on a cross-country organizing and voter registration tour now. They are not the story du jour any longer, but are doing the hard work of political organizing, and (I think) are doing a great job of crossing all sorts of subcultural boundaries. A twitter link here to a story from today. The kids these days, they are alright.

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