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EvC Forum Side Orders Coffee House Gun Control Again

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Author Topic:   Gun Control Again
New Cat's Eye
Inactive Member


Message 3967 of 5179 (766022)
08-10-2015 9:26 AM
Reply to: Message 3931 by NoNukes
08-08-2015 11:14 AM


Re: Natural rights and the constitution
My position has not changed. The Constitution, the way it is written, the things that is says, the words that it uses, how it speaks, it talks of the rights it mentions as being natural ones that already exist and not legal ones that it is granting.

This message is a reply to:
 Message 3931 by NoNukes, posted 08-08-2015 11:14 AM NoNukes has replied

Replies to this message:
 Message 3969 by NoNukes, posted 08-10-2015 11:27 AM New Cat's Eye has not replied

New Cat's Eye
Inactive Member


Message 3979 of 5179 (766034)
08-10-2015 2:19 PM
Reply to: Message 3974 by ringo
08-10-2015 12:34 PM


Faith writes:
Sure sounds to me like we're talking about a right that is already assumed to be given....
Given by whom? The Constitution is square one.
From United States v. Cruikshank:
quote:
The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government...

This message is a reply to:
 Message 3974 by ringo, posted 08-10-2015 12:34 PM ringo has replied

Replies to this message:
 Message 3980 by Theodoric, posted 08-10-2015 3:31 PM New Cat's Eye has not replied
 Message 3981 by NoNukes, posted 08-10-2015 3:32 PM New Cat's Eye has replied
 Message 4003 by ringo, posted 08-11-2015 11:48 AM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 3984 of 5179 (766039)
08-10-2015 4:04 PM
Reply to: Message 3981 by NoNukes
08-10-2015 3:32 PM


I found some more quotes:
quote:
It is also important to note that the Bill of Rights does not grant people the listed rights. The Bill of Rights simply guarantees that the government will not infringe upon those rights. It is assumed that the rights pre-exist. It is an important distinction. source
and:
quote:
What is a right, and where does it come from? A right is a power or privilege that is recognized by tradition or law. Natural or human rights are inherent to human nature; they are not given by government, but neither does government always protect them. Legal rights are those recognized by government, but they can often be taken away as easily as they are given. Throughout U.S. history, many Americans have sought to protect natural rights with law. Indeed, rights form the core of the American experience. As noted by the Commission on the Bicentennial of the United States Constitution: America has always been about rights. . . . While many nations are based on a shared language or ethnic heritage, Americans have made rights the foundation of their national identity. source
.
The constitution is not square one, but there is a bunch of history and precedent between the jungle and natural rights and the constitution. At most there is support for a pre-existing right whose boundaries are based on historical, pre constitution precedent.
From that first source:
quote:
The Bill of Rights, which is recognized as the first ten amendments to the Constitution, lists many rights of individuals. It is important to note here why the a bill of rights was not originally included in the Constitution. Most of the Framers felt that any power to infringe upon individual rights would not be legal under the Constitution, since the power to infringe was not granted to the United States by the Constitution. But the arguments of the people who supported a bill of rights eventually prevailed, and guarantees were added to the Constitution within a few years.
And this source does go on to describe later amendments as also being natural rights, despite your insistance that having a right to vote, outside of a legal system, is something that is ridiculous and therefore cannot be the case.
It is not an unlimited 'natural' right to bear arms that is not subject to limitations.
There is no such thing as an unfettered right.
It is at most a pre-existing right that, for example, the State of Illinois, can freely restrict.
Sure, but again, a legal denial of a right does not eliminate the natural right.
The right of individuals to arm themselves goes waaay back, before the U.S. even existed. Like, all the way back to Aristotle. It was even in the English Bill of Rights of 1689.
Prior to DC v. Heller, no state gun control legislation was ever invalidated under the 2nd amendment.
Was it even questioned?

This message is a reply to:
 Message 3981 by NoNukes, posted 08-10-2015 3:32 PM NoNukes has replied

Replies to this message:
 Message 3985 by Theodoric, posted 08-10-2015 4:21 PM New Cat's Eye has not replied
 Message 3986 by NoNukes, posted 08-10-2015 4:24 PM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 3987 of 5179 (766042)
08-10-2015 5:04 PM
Reply to: Message 3986 by NoNukes
08-10-2015 4:24 PM


The English Bill of Rights is not natural law.
They were "vindicating and asserting their ancient rights and liberties". They were talking about their natural rights, as opposed to the divine rights of kings.
Sure. Now what are the natural rights. And how easily is your right to vote under the constitution taken away? What do you think this paragraph demonstrates. Do you think you can invoke a natural right that is not protected by the government?
As I've been saying, the point is about the mentality behind it.
Some people here think that they shouldn't be allowed to do anything until their government enables them to by granting them the right.
That's the wrong mentality. It should be the opposite:
You free to do what you want until the government says that you cannot.
So when it comes to the question of whether we should "let" individuals arm themselves, then we've already started off on the wrong foot. And if you deny that people have the right to arm themselves, then you've already lost before we even got out of the gate.
The way our Constitution is written, as individuals we have had the right to arm ourselves since before the U.S. existed. This is also evident outside of the Constitution, itself, going way back in time across multiple cultures.
Are you going to tell us the source of these quotes?
There are source links inside the first two quote boxes.
But you don't really have a point right? This was just a stab in the dark on your part?
Actually, I was hoping to learn about more cases to read.

This message is a reply to:
 Message 3986 by NoNukes, posted 08-10-2015 4:24 PM NoNukes has replied

Replies to this message:
 Message 3988 by Theodoric, posted 08-10-2015 6:13 PM New Cat's Eye has not replied
 Message 3989 by NoNukes, posted 08-10-2015 6:15 PM New Cat's Eye has seen this message but not replied

New Cat's Eye
Inactive Member


Message 3999 of 5179 (766073)
08-11-2015 11:32 AM
Reply to: Message 3994 by Theodoric
08-11-2015 9:23 AM


Or prior to the ratification of the 19th amendment? This is the question I have been trying to get Jon, Cat Sci and Faith to answer. Are all the rights preexisting just because of the particular grammar used? If not, how do we tell which were?
If you think that women should always have ought to been able to vote, then one way to phrase that is to say that they have a natural right to vote. That means that the right "existed" before the 19th amendment.
Since we're talking about something that ought to be, rather than something that is, then we're not talking about something that is tangible, or that really "exists" in the normal sense of the word.
You can tell what natural rights exist by what you think should have ought to have been. If you outright deny that women had a natural right to vote before the 19th, then you are saying that you don't think that they should have ought to have been able to vote before the 19th was passed.
If so, then given the question of whether the should be allowed to vote, you would need some sort of reason to grant them that ability.
On the other hand, if you do believe that women should have always been allowed to vote, then the question of whether they should be allowed to is already answered, and you don't need any reason to grant them that ability, but rather you can just tell everyone to stop denying them the right.
The particular grammar used is not what causes a right to be preexisting. The grimmer hints at the mentality behind the authors of the amendment.
As the 19th was written, it shows that the authors were, actually, of the mentality that women do have a natural right to vote, even before the 19th was passed.
What that means is that they didn't think there needed to be a reason to grant women the right to vote, it was something that they always should have been able to do.

This message is a reply to:
 Message 3994 by Theodoric, posted 08-11-2015 9:23 AM Theodoric has not replied

Replies to this message:
 Message 4002 by Bliyaal, posted 08-11-2015 11:43 AM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 4005 of 5179 (766080)
08-11-2015 11:49 AM
Reply to: Message 4002 by Bliyaal
08-11-2015 11:43 AM


So Tangle was right, a natural right is anything you want it to be.
Well, you should be honest with yourself.
But yes, you can imagine all kinds of different ways in which you think things ought to be.
It find it funny that now you're arguing that maybe sometimes mentality changes but when we're saying that the time has come to do some changes you fall back to what you think the original text says.
lol wut?

This message is a reply to:
 Message 4002 by Bliyaal, posted 08-11-2015 11:43 AM Bliyaal has replied

Replies to this message:
 Message 4011 by Bliyaal, posted 08-11-2015 12:21 PM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 4006 of 5179 (766081)
08-11-2015 11:50 AM
Reply to: Message 4003 by ringo
08-11-2015 11:48 AM


Its an ought, not an is. Nothing is required to exist for an ought to be there.

This message is a reply to:
 Message 4003 by ringo, posted 08-11-2015 11:48 AM ringo has replied

Replies to this message:
 Message 4007 by ringo, posted 08-11-2015 11:55 AM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 4008 of 5179 (766085)
08-11-2015 12:03 PM
Reply to: Message 4007 by ringo
08-11-2015 11:55 AM


It doesn't read that the right to keep and bear arms "ought" not be infringed.
The ability to keep and bear arms is what ought to be. That is what cannot be infringed.
If it's a "natural right", why isn't it recognized in every state constitution?
A government denying you a right does not mean that it shouldn't ought to be.
"Not is" does not mean "ought not".

This message is a reply to:
 Message 4007 by ringo, posted 08-11-2015 11:55 AM ringo has replied

Replies to this message:
 Message 4010 by ringo, posted 08-11-2015 12:08 PM New Cat's Eye has replied
 Message 4013 by Percy, posted 08-11-2015 12:48 PM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 4014 of 5179 (766097)
08-11-2015 1:56 PM
Reply to: Message 4013 by Percy
08-11-2015 12:48 PM


Assume the right to own and bear arms anywhere and anytime is the law of the land. How are you going to reduce gun deaths?
Well, 2 out of 3 gun deaths are suicides, and I think people have the right to choose to die, so those aren't really worth pursuing reducing. There are people who make rash decisions for suicide, and that is a shame, but the avenue to solve that involves mental health care not gun laws.
The other ~12,000 gun deaths per year amounts to about 0.4% of total deaths (in the U.S.), so I don't see gun deaths as something that particularly needs reducing. We have way more important things to worry about.
But if I did, I'd go with stronger sentencing on existing gun crimes. Like, really severe out of balance sentences. For one, you keep the people who are willing to use guns illegally off of the streets, and for two, hopefully the strength of the sentencing will dissuade other people from committing future gun crimes. It'd take a few years to balance out, but I do think that would reduce gun deaths.
What I don't think should happen is reducing the rights of law abiding citizens, nor removing their ability to make the decision for themselves if they should have a gun or not.
I don't think that making gun deaths out to be some kind of severe catastrophe that we just have to address, nor pointing that there are dangers associated with gun ownership, will carry any weight for the pro-gun crowd. So those arguments are practically worthless.
Too, the Fallacy of Composition isn't helping. Like, I'm not married and don't have kids, so the danger to those two are immediately removed from my personal risk assessment for gun ownership. Pointing out that I'm more likely to shoot my wife or kids than a criminal carries exactly zero weight for me. Too, I have been explicitly threatened with violence from gang members that are acquainted with me, so I do have a little something to worry about.
Also, since the deterrence of crime cannot be measured, statistics on how likely you are to "shoot a criminal" are fairly meaningless to me too. I think that the prevalence of guns does deter crimes like burglary and assault, but that's never going to be captured in the stats.
But I'm definitely willing to trade the lives of a handful of felony gang members fighting turf wars in the city to prevent the rape of my neighbor who writes children's' books.

This message is a reply to:
 Message 4013 by Percy, posted 08-11-2015 12:48 PM Percy has replied

Replies to this message:
 Message 4021 by Percy, posted 08-11-2015 4:42 PM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 4015 of 5179 (766098)
08-11-2015 2:09 PM
Reply to: Message 4010 by ringo
08-11-2015 12:08 PM


A lot of things ought to be but aren't.
No shit, Sherlock.
And just because it ought to be doesn't mean it has to be.
What the Second Amendment SAYS has nothing to do with what ought to be.
What the Second Amendment SAYS just shows what the authors thought should ought to be.
It's about reality.
And the reality is that individuals ought to be able to arm themselves.
And it's talking about the security of a free state, not the right of any individual.

This message is a reply to:
 Message 4010 by ringo, posted 08-11-2015 12:08 PM ringo has replied

Replies to this message:
 Message 4030 by ringo, posted 08-12-2015 3:22 PM New Cat's Eye has not replied

New Cat's Eye
Inactive Member


Message 4016 of 5179 (766099)
08-11-2015 2:12 PM
Reply to: Message 4011 by Bliyaal
08-11-2015 12:21 PM


So you're arguing that mentalities change and the constitution should reflect this
I am?

This message is a reply to:
 Message 4011 by Bliyaal, posted 08-11-2015 12:21 PM Bliyaal has replied

Replies to this message:
 Message 4017 by Bliyaal, posted 08-11-2015 2:19 PM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 4018 of 5179 (766103)
08-11-2015 2:33 PM
Reply to: Message 4017 by Bliyaal
08-11-2015 2:19 PM


Well you argued that was what they did when they proposed the 19th amendment...
I did?
and didn't see you going against it like you do with your love of guns.
Huh? You didn't see me going against my own argument like I go against my love of guns?
I'm not following you.
Was it a natural right or not in your mind?
In my mind, I don't know.
Your mental gymnastics are hard to follow,
Read the words, stick to the position. Forget the person, and reply to what was actually written.
This whole interpreting arguments into what I must really be meaning just does not work.
especially when you refuse to respond to arguments.
What argument have I refused to respond to?

This message is a reply to:
 Message 4017 by Bliyaal, posted 08-11-2015 2:19 PM Bliyaal has replied

Replies to this message:
 Message 4019 by Bliyaal, posted 08-11-2015 2:49 PM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 4020 of 5179 (766105)
08-11-2015 3:00 PM
Reply to: Message 4019 by Bliyaal
08-11-2015 2:49 PM


You do everything you can to get on the nerves of people here with you evasion tactics
I honestly have no idea what you are talking about.

This message is a reply to:
 Message 4019 by Bliyaal, posted 08-11-2015 2:49 PM Bliyaal has not replied

Replies to this message:
 Message 4022 by Percy, posted 08-11-2015 4:48 PM New Cat's Eye has seen this message but not replied

New Cat's Eye
Inactive Member


Message 4023 of 5179 (766109)
08-11-2015 7:23 PM
Reply to: Message 4021 by Percy
08-11-2015 4:42 PM


Why didn't you respond to the part of my message that explicitly answered your question? Why did you ask?
Yes, we know, and that's why it's impossible to reach reasonable compromises with the pro-gun crowd. They value their guns more than human life. Columbine and New Town are just a couple of many examples of unpreventable tragedies that must be forever endured.
Ridiculing them doesn't help. And when you drop the value-human-life card like that, you're just begging people to bring up the fact that when you're focusing so much on such a small subset of human-deaths that are happening all around us, then you're insincere if you act like its the value of human life that is driving your behavior (as opposed to your irrational fear of guns). Its that attitude that draws out the 'what about cars' lines.
For me, its not about the gun. I don't even really like my current handgun that much.
But I do value my ultimate ability to defend myself over that of the life of a stranger. It doesn't even have to be about guns, we can just talk about "weapons". I'd rather not get into the semantics, though, but please humor me.
Anyways, I want to be able to own a good weapon. I feel that I have the right to that. I don't need to carry it on me all the time, but I think every home owner should have one somewhere. Some kind of weapon, I would hope. I learned that lesson in college.
So, the best weapon for me, today, personally... I feel it is my right to make that decision for myself. I can accept restrictions on the weapons that we should allow people to have. The question is where that lies.
Part of the problem of talking about the Federal level, is that in some of the States many of the people actually do need significant firepower to survive as they do. And in others having a lot less is a significant benefit.
For me the best weapon is a handgun. I'd probably oppose any gun control law that limits my ability to legally own one.
Two points. First, it isn't just your wife and kids that are in the zone of danger. It's everyone around you, which includes family and friends.
Of course, but wife + kid = 0, so they're out of the equation. So what are the odds? Am I supposedly 1000 times more likely to kill one of these hypothetical people than defend myself with a gun? Do I have to actually kill the guy to be counted in the stat?
Regardless, if we're talking 0.001% chance vs.0.000001% chance, then I'm not worried about it. Especially considering I took too huge chunks out of the equation.
Second, most people understand that how well they personally fit a statistical profile isn't the standard by which its validity is measured.
I'm more concerned with whether or not I fit the statistical profile than I am with measuring the validity of it.
If guns were truly a deterrent then incidents where good guys "shoot a criminal" would abound,
No, I don't think so. If the crime was deterred then there was no reason to shoot. I'm talking about crimes that didn't happen.
The prevalence of guns only influences burglars and assailants to also carry guns,
Only? How could you possibly know that?
What's the win/loss record on average citizens taking on gang members in your neighborhood?
Ewe, that's a tough one. The average citizens formed their own gang and pushed the other one back over to the other side of the river where they came from.
You know what's much more common? Innocent civilians being caught in the crossfire of a gun battle between gangs, or hit by a stray shot.
Really? You think that? I'd bet that a lot more of the deaths by gun fire are due to men purposefully shooting other men in the city, not accidental or random ones.
You and the gangs need to lose your guns.
See, that's just not a decision that I'm willing to let you make for me. And the additional 0.4% of deaths every year isn't enough to let you.
And really, how do you suppose that would happen? Let's say that you do pass a bunch of Federal gun control laws, and then I comply with them and disarm myself like the law-abiding citizen that I am.
Now the only people who have guns are the ones that are already willing to break the law. Gee, thanks a lot.
And how would you feel if the number of gun homicides went up? Even with a drastic drop in gun suicides? And if the total amount of suicides barely dropped?
A gun-packing good guy getting the jump on a criminal is a myth.
How are you measuring it? Defensive gun use happens all the time, what are you talking about?
It's so rare that it's considered amazing every time it happens.
Really? So amazing that the news stations blast it about? When was the last time it happened; the thing you are talking about? How amazing was it?
Even in your neck of the "woods," it's a pipe dream that almost never comes true.
So is anyone being shot by a gun at all, family and friends, depending on the distance of "my woods". I don't want to own a weapon just because I intend to have to use it, which I hope never happens, but I do want the ability to decide for myself whether or not I should have a good one.
What does come true with a regular drumbeat is children and mothers and fathers and sisters and brothers and family and friends dying who didn't have to, just because gun nuts love their guns.

This message is a reply to:
 Message 4021 by Percy, posted 08-11-2015 4:42 PM Percy has replied

Replies to this message:
 Message 4025 by Percy, posted 08-12-2015 8:17 AM New Cat's Eye has replied

New Cat's Eye
Inactive Member


Message 4029 of 5179 (766131)
08-12-2015 2:15 PM
Reply to: Message 4027 by Percy
08-12-2015 8:40 AM


Re: Thwarting Crime vs. Injury and Death

This message is a reply to:
 Message 4027 by Percy, posted 08-12-2015 8:40 AM Percy has replied

Replies to this message:
 Message 4034 by Percy, posted 08-12-2015 5:42 PM New Cat's Eye has replied

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