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Author Topic:   How can we regulate guns ... ?
Taq
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Posts: 10085
Joined: 03-06-2009
Member Rating: 5.6


(2)
Message 910 of 955 (688708)
01-24-2013 5:46 PM
Reply to: Message 909 by New Cat's Eye
01-24-2013 4:54 PM


Re: Regulation proposal #9 -- Join the National Guard to use military grade arms
Bigger and better guns is a no-brainer. A good measure, in my personal opinoin, of what guns are normal usage at the time is whatever the cops are using for their day-to-day activities. Cops are non-military civilians. They use handguns, shotguns, and semi-automatic rifles. That's what the people should have the right to keep as well.
On top of that, if restrictions still allow for the purchase of handguns, rifles, and shotguns then the restrictions do not put unwarranted burden on the 2nd Amendment. This is what the lower courts ruled in 2011 in response to an assault weapon and high capacity magazine ban in DC:
quote:
As we did in evaluating the constitutionality of certain of the registration requirements, we determine the appropriate standard of review by assessing how severely the prohibitions burden the Second Amendment right. Unlike the law held unconstitutional in Heller, the laws at issue here do not prohibit the possession of the quintessential self-defense weapon, to wit, the handgun. 554 U.S. at 629. Nor does the ban on certain semi-automatic rifles prevent a person from keeping a suitable and commonly used weapon for protection in the home or for hunting, whether a handgun or a non-automatic long gun.
http://www.cadc.uscourts.gov/...F9/$file/10-7036-1333156.pdf
This was a ruling made by the US Court of Appeals in DC. It is still possible that the SCOTUS could rule just the opposite, but most insiders think that SCOTUS would rule just the same. Also, this decision was based on the SCOTUS case DC v. Heller (2008) where SCOTUS did rule that longstanding regulations were constitutional.

This message is a reply to:
 Message 909 by New Cat's Eye, posted 01-24-2013 4:54 PM New Cat's Eye has seen this message but not replied

  
Taq
Member
Posts: 10085
Joined: 03-06-2009
Member Rating: 5.6


(2)
Message 944 of 955 (689420)
01-30-2013 3:50 PM
Reply to: Message 939 by xongsmith
01-30-2013 11:54 AM


Re: Polls re regulations of guns?
People who own the guns should be liable for criminal & civil lawsuits and criminal MANDATORY jail time penalties for being the last legal owner of any gun used in a crime. You own it, you prevent it from getting out into the criminal world.
In DC v. Heller (2010) the ruled against regulations that required people to store their weapons in a disassembled state and bound by a trigger lock. I think they would also rule against requiring guns to be stored in a locked cabinet. You can not have laws that limit the effectiveness of weapons as part of self defense.
There has to be some form of culpability where someone is found to be negligent. Simply having their weapon stolen should not be grounds for jail time, nor should they be sent away for lawfully selling their gun under the correct regulations.
We can use cars as an analogy. If a car dealer sells a car without knowing that it will be used in a crime then they are not held liable. If someone has their car stolen they are not held liable for the crimes that the thieves commit while using that car. However, if you supply a car knowing that it will be used in a crime, or illegally sell a car to people you know are criminals, then you are in deep trouble. The same should apply to guns. We should be able to trace guns from birth to grave for this very purpose.
Edited by Taq, : No reason given.

This message is a reply to:
 Message 939 by xongsmith, posted 01-30-2013 11:54 AM xongsmith has replied

Replies to this message:
 Message 945 by NoNukes, posted 01-30-2013 4:25 PM Taq has replied
 Message 950 by xongsmith, posted 01-30-2013 6:23 PM Taq has not replied

  
Taq
Member
Posts: 10085
Joined: 03-06-2009
Member Rating: 5.6


Message 946 of 955 (689428)
01-30-2013 4:26 PM
Reply to: Message 945 by NoNukes
01-30-2013 4:25 PM


Re: Polls re regulations of guns?
Under what circumstances (other than the first half of your statement) would it be illegal to sell a car to a criminal?
I was under the impression that this would be aiding and abetting, but I could be wrong.

This message is a reply to:
 Message 945 by NoNukes, posted 01-30-2013 4:25 PM NoNukes has seen this message but not replied

  
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