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The Second Amendment Is Not Negotiable
FrontPageMag.com ^ | December 17, 2012 | Ron Resnick

Posted on 12/17/2012 8:24:22 AM PST by Perseverando

Cries for more “gun control” have flooded opinion and editorial pages in the wake of the school shooting in Connecticut. The opinion that Americans do not have a right to own firearms, and the assertion that the Constitution does not protect the right of individuals to own firearms, is absolutely false — and also incorrect in the context of law.

In 2008, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), held that the Second Amendment to the United States Constitution protects an individual’s right to possess a firearm for private use within the home in federal enclaves. In 2010, in McDonald v. Chicago, 561 U.S. __ (2010), the Supreme Court held that the right of an individual to keep and bear arms protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. That American citizens have a right to own firearms is conclusive and irrefutable.

People who have an emotional revulsion to firearms in general and who respond to shooting tragedies with well-intentioned proposals to prohibit or restrict law-abiding citizens from possessing firearms must remember that possessing a firearm is not like possessing a boat or a golf club. The possession of boats and golf clubs are not enshrined in our Constitution as fundamental liberties.

The right to own a firearm was considered by both the Framers of the Constitution in 1787 and by the current Supreme Court to be equal in importance to the right to speak freely, the right to peaceably assemble and the right to practice religion. These liberties are

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TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government
KEYWORDS: 2ndamendment; banglist; guncontrol; heller; johnrlott; kukluxklan; newtown; secondamendment; youwillnotdisarmus
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1 posted on 12/17/2012 8:24:25 AM PST by Perseverando
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To: Perseverando
NOT NEGOTIABLE!
2 posted on 12/17/2012 8:27:09 AM PST by Obadiah (How do you know that the light at the end of the tunnel isn't a muzzle flash?)
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To: Perseverando

All it would take is a for a couple more Obama left wing justices on the SCOTUS and the Heller case could be overturned and the Second Amendment trashed. Obama now has his Reichstag fire and like Hitler in 1933 will use this “crisis” to curtail liberties starting with the Second Amendment.


3 posted on 12/17/2012 8:28:02 AM PST by The Great RJ
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To: Perseverando
This is why we have the second amendment.


4 posted on 12/17/2012 8:28:31 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Perseverando

It might be one thing to pass a federal law banning any sort of firearm. It will be something else to enforce it. It will be a third thing to get to those millions of firearms.


5 posted on 12/17/2012 8:31:39 AM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: Perseverando

On the Sunday shows the Dems been saying that the Second Amendment protects hunting (animals I assume).

Maybe they need bigger ‘Gun Free zone’ signs, and put a big fine on it like on handicapped parking fine signs.


6 posted on 12/17/2012 8:38:22 AM PST by sickoflibs (Dems know how to win. Rs know how to whine.)
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To: The Great RJ

I do not care what any of them have to say on the matter.


7 posted on 12/17/2012 8:38:51 AM PST by chris37 (Heartless.)
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To: Travis McGee

Good Morning Travis, I see you’re patrolling the electronic frontier in defense of the free world this morning. Thanks!

BTW, from here in VA. “Go Wahoos!”


8 posted on 12/17/2012 8:43:00 AM PST by Perseverando (Gun control? It's really not about gun control is it? It's really about PEOPLE CONTROL!)
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To: Perseverando

http://www.nolo.com/legal-encyclopedia/right-own-gun-under-heller-30295.html

“The Court did endorse the “the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons,’” but did not state whether such weapons include assault weapons or semi-automatic weapons.”

By definition, a weapon is dangerous so the above is just tautology.

Congress failed to renew the Clinton AWB in 2004 because invidious discrimination between traditional semi-auto long arms and (evil) `black’ carbines was mere `form over substance’: political theater. The gun grabbers’ arguments don’t hold water.

Just between you, me and the fence-post though, the one feature we will have to be prepared to defend is the large capacity magazine.
I suspect `splitting the difference’ will result in a prohibition of transporting such magazines, e.g. to ranges, while allowing their possession at home. This would allow prosecution of `gangbangers’ and `Sandy Hook lunatics’.

The response to that is that gangbangers and lunatics will ignore such laws, so it has no prophylactic value. But the left doesn’t want to be confused with facts or logic. They just want “action”.


9 posted on 12/17/2012 8:43:56 AM PST by tumblindice (America's founding fathers: All armed conservatives. "A long train of abuses and usurpations.")
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To: Travis McGee

IMO, people who believe in gun rights [and the GOP] better be pointing out the mental health issue and knock back the Liberal PC idea that mental health is something that cannot be named.


10 posted on 12/17/2012 8:46:51 AM PST by BunnySlippers (Yes, they have. Don't you read?I LOVE BULL MARKETS . . .)
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To: Travis McGee

On the 2nd row mug shots you left out Obozo.


11 posted on 12/17/2012 8:50:39 AM PST by Texas Fossil
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To: The Great RJ

He’s going to get at least three more injustices appointed. Senate confirms, not the House. I’m beginning to hear war drums in the distance. Hope not, but that’s how it sounds at this stage.


12 posted on 12/17/2012 8:51:42 AM PST by Trod Upon (Civilian disarmament is the precursor to democide.)
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To: SkyDancer; All

Obama intends to push right-winger Americans that to the point of having to start an insurrection or rebellion so that he can declare martial law and put us down (literally) ala Weather Underground style. What better way to instigate the civil disobedience that he needs than to now go after our guns?

It’s all part of the leftist plan. A necessary part in order for that full “transformation” to be accomplished.


13 posted on 12/17/2012 8:53:33 AM PST by XenaLee (The only good commie is a dead commie.)
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To: Travis McGee; Perseverando; Obadiah; P-Marlowe
The answer is not to restrict the firearms rights of law-abiding citizens. The answer is that the mentally ill should not be allowed to buy firearms. Mental illness and crime reporting requirements should be tightened. States must diligently submit mental illness and criminal records to the National Instant Criminal Background Check System so it can red flag individuals who should not be buying firearms.

The above quote from the article says that "mentally ill should not be allowed to buy firearms."

Then it apparently allows states to determine mental illness.

Mental illness could be, by a government that doesn't hesitate to sell military weapons to drug cartels, a means to foist gun control on a population.

Everyone and his brother will be "ptsd'd" or "adhd'd" out of gun ownership. Count on it.

The only way I can think of to legitimately take away another person's rights would be by jury trial with due process of law and then a finding of guilty by a jury of one's peers.

14 posted on 12/17/2012 8:56:45 AM PST by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: Perseverando

It is also not negotiable here in Newtown.


15 posted on 12/17/2012 8:58:27 AM PST by DTogo (High time to bring back The Sons of Liberty !!)
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To: Obadiah

Americans have no rights. The train left the station last November.


16 posted on 12/17/2012 8:59:46 AM PST by swamprebel (a Constitution once changed from Freedom, can never be restored.)
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To: Perseverando

Will the media give up their First Amendment rights?

The Second Amendment guarantees all the other amendments.


17 posted on 12/17/2012 9:02:54 AM PST by txrefugee
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To: XenaLee

To me I guess the best thing to do if it ever comes to it is hide the guns first, then bring them out after the first wave of confiscation passes. We’d know better what to do then.


18 posted on 12/17/2012 9:03:53 AM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: Perseverando

To strip firearms from MILLIONS of Americans because of the murder of 20 children is absolutely INSANE.


19 posted on 12/17/2012 9:06:48 AM PST by Obama_Is_Sabotaging_America (IMPEACH OBAMA)
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To: Obadiah

Not negotiable under any circumstances!!


20 posted on 12/17/2012 9:10:17 AM PST by DarthVader (Politicians govern out of self interest, Statesmen govern for a Vision greater than themselves)
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To: tumblindice

“Just between you, me and the fence-post though, the one feature we will have to be prepared to defend is the large capacity magazine.”

The standard capacity magazine seems to be 15 to 17 rounds these days, at least for 9mm. Thirteen rounds has been the standard capacity for the 9mm Browning Hi-Power since 1935.

So what is large capacity? Who gets to define it?


21 posted on 12/17/2012 9:11:10 AM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: Perseverando

Those who believe 0bama’s birth certificate is forged are called ‘birthers’ and 9/11 being a gov’t op are called ‘truthers’. If one believes that Adam Lanza was programmed to kill at Sandy Hook by a shadowy group advocating the overturning of our 2nd Amendment, would they be called ‘Hookers’?


22 posted on 12/17/2012 9:13:26 AM PST by Obama_Is_Sabotaging_America (IMPEACH OBAMA)
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To: KrisKrinkle

They are going to go after:
1. full capacity magazines
2. “arsenals” (Yes, I know that even the term is misguided)
3. “Stockpiles” of ammunition
4. “Assualt weapons”: which will be defined as broadly as possible.

We’ve got a fight on our hands. We shall see if the gun-rights community can come together and fight these statists off, or if we’ll fall to infighting and squabbling.


23 posted on 12/17/2012 9:17:22 AM PST by absalom01 (You should do your duty in all things. You cannot do more, and you should never wish to do less.)
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To: KrisKrinkle
If they really wanted to cause trouble they would mandate minimum magazine capacity--make people stagger around with 75 round banana mags, or 200 round drums. Imagine trying to shoot off the bench at the range with that sticking out. This is such BS. Yes the kid used an AR-15, but there's no reason he couldn't have done it with a couple revolvers. If they let him walk through the door carrying a rifle, they weren't prepared to stop anything.
24 posted on 12/17/2012 9:19:53 AM PST by Trod Upon (Civilian disarmament is the precursor to democide.)
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To: Travis McGee

They don’t care.

This is their Reichstag moment, and they’re going to milk it for all they can.


25 posted on 12/17/2012 9:21:02 AM PST by NFHale (The Second Amendment - By Any Means Necessary.)
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To: KrisKrinkle

I can remember going into a gun shop in Joplin, MO early/mid `90s, and seeing they had Browning 13 round magazines with a $100 asking price.
The Browning Hi-power P-35 used to be state of the art. Recall that the Clintonistas limited pistol mag capacity to ten. My Ruger SR9 holds 16.
So there’s the rub: Who decides? It’s completely arbitrary with the left demanding the `We say so’ power.
So I’m saying—get ready. Get ready to reply to them:
“Who made *you* butchers the moral arbiters here? You kill children every day of the year!”


26 posted on 12/17/2012 9:21:14 AM PST by tumblindice (America's founding fathers: All armed conservatives. "A long train of abuses and usurpations.")
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To: txrefugee
Will the media give up their First Amendment rights?

They sold them.

27 posted on 12/17/2012 9:27:00 AM PST by fattigermaster
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To: XenaLee

“Obama intends to push right-winger Americans to the point of having to start an insurrection or rebellion so that he can declare martial law and put us down.....”

Obama tries that and he will fail. We’ll have a full-blown coast-to-coast guerrilla war. Just look at all the trouble a bunch of muslim “insurgents” caused the U.S. military in Iraq and Afghanistan.


28 posted on 12/17/2012 9:28:21 AM PST by july4thfreedomfoundation (November 6, 2012.....A day that will live in infamy!)
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To: Perseverando

I hope this isn’t true but if I heard correctly on KSFO this morning, the talk coming out of DC is the administration will circumvent the 2nd amendment by severely restricting if not halting the sale of ammunition and the components there of to the public. The obozo is going to do this by issuing an executive order. I have serious doubts that any in congress, fearing a visit from mob enforcer Bruno, will challenge any executive order issued from this fraud and chief in the WH.


29 posted on 12/17/2012 9:41:57 AM PST by drypowder
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To: chris37

“I do not care what any of them have to say on the matter.”

Was not it Trotsky who said, “you may not be interested in war, but war may be interested in you” ??


30 posted on 12/17/2012 9:54:02 AM PST by Road Glide
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To: Trod Upon

He used the AR-15? It was reported to be in the trunk
of his car and he was dead inside.


31 posted on 12/17/2012 9:56:24 AM PST by doublecansiter (without cartridge, load in nine times, LOAD!)
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To: Trod Upon

He’s going to get at least three more injustices appointed. Senate confirms, not the House. I’m beginning to hear war drums in the distance. Hope not, but that’s how it sounds at this stage.

Who cares? As long as the picks are not for Scalia, Kennedy, Alito and Roberts, we will be fine. All this worry is for nothing. We have 4 normally decent Supreme Court judges on our side. Any of the others would just be replacements for liberals.


32 posted on 12/17/2012 9:57:07 AM PST by napscoordinator (GOP Candidate 2020 - "Bloomberg 2020 - We vote for whatever crap the GOP puts in front of us.")
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To: doublecansiter

He used the AR-15? It was reported to be in the trunk
of his car and he was dead inside.

There has been two stories about this. One being that it was in the trunk and not used and one saying it was used. I wish they would say one way or the other. If it was used, then we need to have a plan to stop them from taking away the rights of individuals to have these guns. If he didn’t use it then we need to ensure that all people understand that and their is no need for gun control laws with automatic weapons. I think Boehner will negotiate with Obama on gun control. The question is just how far he will go. Obviously he won’t go to getting rid of the 2nd Amendment, but I think going back to Clinton time of an automatic gun ban is possible with Boehner especially. I can’t see him fighting the pictures of 20 6 year olds which will be used over and over again even on the congressional floor. They will have a backdrop of the 6 year olds with Boehner saying that guns are not a problem and it will look awful. That is what the Republicans are going to have to fight....but they better have a plan to do it!!!


33 posted on 12/17/2012 10:06:03 AM PST by napscoordinator (GOP Candidate 2020 - "Bloomberg 2020 - We vote for whatever crap the GOP puts in front of us.")
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To: Perseverando
Non-Democratic governments, the vast majority Marxist in nature, have killed in the vicinity of 260 million of their own citizens in the last century. These were non-combatants killed in a ratio of around 6:1 when compared to direct war deaths.

R.J. Rummel coined this type of murder "Democide".

Pol Pot, as just one example, killed 40% of the polulation of Cambodia. Families were separated, relocated, and "re-educated".

Read this excellently documented book for more information.

I cannot fathom the pain and grief of the parents of the victims of the latest school shooting. Evil always has and evil always will commit evil.

Millions of battle rifles in the hands of millions of Christians are the ONLY thing preventing this same evil from comitting the same scale of evil that has repeated 260 million times over the last 100 years.

Let us never forget the price that was paid to grant us this right of self defense. Let us never what government has done repeatedly to unarmed citizens. Let us never forget that the horror of what took place in Connecticut pales incomparison to what has taken place at the hands of Marxism over the last century.

MOLON LABE !

34 posted on 12/17/2012 10:13:20 AM PST by SENTINEL (I lie, I cheat, I steal, I communize, I sacrifice unborn babies, I'm Harry Reid and I'm a mormon)
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To: sickoflibs

35 posted on 12/17/2012 10:16:16 AM PST by Perseverando (Gun control? It's really not about gun control is it? It's really about PEOPLE CONTROL!)
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To: Perseverando

These politicians have forgotten that gun owners have long memories when politicians infringe on the 2nd Amendment. Gun owners do remember when election time rolls around and who was naughty or nice.


36 posted on 12/17/2012 10:17:30 AM PST by Red Steel
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To: napscoordinator

Get your ammo now. Obama is the socialist government of the world. Freedom of the people by the people and for the people is withering fast.


37 posted on 12/17/2012 10:23:22 AM PST by eyedigress ((zOld storm chaser from the west)/?)
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To: Perseverando

Unfortunately, the Supreme Court’s rulings do not cover ammunition or property taxes.


38 posted on 12/17/2012 10:25:13 AM PST by RWB Patriot ("My ability is a value that must be purchased and I don't recognize anyone's need as a claim on me.")
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To: Perseverando

The American Revolution began when the British tried to disarm the Colonists.

Fitting that it ends with the Colonists demanding to be disarmed.


39 posted on 12/17/2012 10:26:31 AM PST by Tzimisce (What do you do when every every branch of the government is corrupt and aligned against you?)
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To: Perseverando

40 posted on 12/17/2012 10:27:33 AM PST by Flag_This (Real presidents don't bow.)
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To: Road Glide

Ready.


41 posted on 12/17/2012 10:31:47 AM PST by chris37 (Heartless.)
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To: drypowder
issuing an executive order

Very doubtful there will be an EO. Maybe a symbolic one. He will do this like the war on coal, quietly give word to different agencies to harass the coal operators, the truckers, etc. Things like truckers getting extra DOT inspections for hauling coal.

His game is stocking the federal bureacracy with drones who will do his duty and harass law abiding citizens and businesses until they are bankrupt or dead.

42 posted on 12/17/2012 10:42:10 AM PST by palmer (Obama = Carter + affirmative action)
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To: Travis McGee

Yesterday was the last day for the Capitol City Gun Show here in Raleigh, NC. I had to go in light of the recent nonsense to ban guns.

I found a Hi-Point 9mm for only $149 ($166 after taxes).


43 posted on 12/17/2012 10:45:34 AM PST by steerpike100
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To: Perseverando

I hope everyone is calling their congresspeople to support the 2nd Amendment.


44 posted on 12/17/2012 10:47:15 AM PST by stevio (God, guns, guts.)
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To: napscoordinator; doublecansiter
There has been two stories about this.

There's just one story now. Four weapons, two handguns, two rifles, one rifle used inside, one left in the car.

If he didn't use it then we need to ensure that all people understand that and their is no need for gun control laws with automatic weapons.

He used a semi-auto rifle.

They will have a backdrop of the 6 year olds with Boehner saying that guns are not a problem and it will look awful.

Not when we point out that the teachers were unarmed. A trained teacher or two and principal would have stopped it quickly.

45 posted on 12/17/2012 10:47:22 AM PST by palmer (Obama = Carter + affirmative action)
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To: Obadiah

NEVER NEGOTIABLE!

LLS


46 posted on 12/17/2012 11:20:40 AM PST by LibLieSlayer (A child is born in Bethlehem KING of KINGS)
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To: drypowder

If you want some inspiring reading, look up stories of the US troops in the Philippines who fought on as guerillas after the fall of Bataan. One of the adaptations they made involved reloading and even making their own ammo.


47 posted on 12/17/2012 11:38:49 AM PST by M1903A1 ("We shed all that is good and virtuous for that which is shoddy and sleazy... and call it progress")
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To: Perseverando
ROGER THAT!
48 posted on 12/17/2012 11:50:00 AM PST by facedown (Armed in the Heartland)
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To: DTogo
It is also not negotiable here in Newtown.

This morning in classrooms all across this nation we have children sitting in abject fear.

And I can only imagine the relief that I would feel as a small child if I showed up to class this morning to see a AR-15 hanging on the wall behind my teacher's desk and have the teacher tell us all, "Do not be afraid. I will not allow that to happen here NO MATTER WHAT!"

49 posted on 12/17/2012 12:48:44 PM PST by houeto (https://secure.freerepublic.com/donate/)
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To: Obama_Is_Sabotaging_America; TheOldLady

You think this is a thread for being cute? Really?!?


50 posted on 12/17/2012 12:51:19 PM PST by houeto (https://secure.freerepublic.com/donate/)
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