Posted on 04/08/2003 5:57:45 AM PDT by kattracks
A Navy veteran who shot an intruder in his toddler's bedroom decided against pleading guilty to a gun charge yesterday. Ronald Dixon rejected a deal that would have spared him from having to do jail time because he does not want a criminal record, his new attorney said.
Brooklyn District Attorney Charles Hynes initially charged Dixon, 27, with possessing an illegal weapon - an unregistered pistol - after he shot a career burglar he found prowling in his Canarsie home on Dec. 14.
Last month, Hynes reduced the charges to misdemeanor attempted weapon possession, which carries a maximum 90-day jail term. Hynes said he would only ask Dixon to serve four weekends in jail in exchange for a guilty plea.
Criminal Court Judge Alvin Yearwood changed that deal to a year's probation.
"After the people reduced the charges, this was put on for possible disposition," Yearwood told Dixon and his new attorney, Joseph Mure, yesterday. But the Jamaican immigrant declined the deal and left the courtroom without comment yesterday.
"That means he would have a criminal conviction, and that is a big concern to us," Mure said afterward.
Dixon gained widespread sympathy after he was charged with a crime. In a tearful interview, Dixon told the Daily News he could not afford to spend any time in jail because he was working seven days a week to support his family and pay his mortgage.
Originally published on April 8, 2003
The actual quote:
How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.A similar provision in favour of protestants (for to them it is confined) is to be found in the bill of rights of 1688, it being declared, "that the subjects, which are protestants, may have arms for their defence suitable to their condition, and as allowed by law." But under various pretences the effect of this provision has been greatly narrowed; and it is at present in England more nominal than real, as a defensive privilege.
-- Joseph Story
The actual quote, as opposed to the heavily altered version:
"Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain, that with this aid alone they would not be able to shake off their yokes. But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it."-- James Madison, The Federalist Papers # 46
The plain reading is that we all have the Right to be Armed, we just do not have a Right to disobay other laws (like theft and robbery) because we are armed. With arms, we are no more justified in depriving another of their Rights than we would be without Arms. No government can take that Right away and still lay a claim to Constitutional legitamacy.
Period.
Once again, you completely miss the point.
No source for the false assertion, naturally.
"Every man, and every body of men on earth, possesses the right of self-government. They receive it with their being from the hand of nature. Individuals exercise it by their single will; collections of men by that of their majority; for the law of the majority is the natural law of every society of men." --Thomas Jefferson"That every power vested in a government is in its nature sovereign, and includes, by force of the term, a right to employ all the means requisite and fairly applicable to the attainment of the ends of such power, and which are not precluded by restrictions and exceptions specified in the Constitution, or not immoral, or not contrary to the essential ends of political society." -- Alexander Hamilton
"But the constitution of the United States has not left the right of Congress to employ the necessary means, for the execution of the powers conferred on the government, to general reasoning. To its enumeration of powers is added that of making 'all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution, in the government of the United States, or in any department thereof.' " -- United States Supreme Court, McCulloch v. Maryland (1819)
Removing the added language, restoring the omissions.
they all affirm an individual Right to Keep and bear Arms
None of them state, even in the altered forms you presented, that the states are barred by the 2nd Amendment from regulating fireams. They don't even state that there is such a limitation existing within a general right lying outside of the 2nd Amendment.
Keep trying though. (Honest, unaltered quotes, please.)
"Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined." Patrick Henry, 3 Elliot, Debates at 45 (Virginia Convention, June 5, 1788).
"The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them." Joseph Story, Dane Professor of Law in Harvard University, Commentaries on the Constitution of the United States (1833), Book III at 746, § 1858.
"This [Second Amendment] may be considered as the true palladium of liberty .... The right of self defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction. In England, the people have been disarmed, generally, under the specious pretext of preserving the game: a never failing lure to bring over the landed aristocracy to support any measure, under that mask, though calculated for very different purposes. True it is, their bill of rights seems at first view to counteract this policy: but the right of bearing arms is confined to protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game. So that not one man in five hundred can keep a gun in his house without being subject to a penalty." Saint George Tucker, Blackstone's Commentaries (1803), Volume 1, Appendix, Note D
"Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature." Samuel Adams, The Rights of the Colonists, The Report of the Committee of Correspondence to the Boston Town Meeting, Nov. 20, 1772.
"The supposed quietude of a good man allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside … Horrid mischief would ensue were one half the world deprived of the use of them …" Thomas Paine, Thoughts on Defensive War, 1775. I Writings of Thomas Paine at 56 (1894).
"False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils, except destruction.
"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes....Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Thomas Jefferson's "Commonplace Book," 1774-1776, quoting 18th century criminologist Cesare Beccaria in Chapter 40 of "On Crimes and Punishment", 1764.
"It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?" James Madison, Federalist Papers # 62.
"What the Subcommittee on the Constitution uncovered was clear--and long-lost--proof that the second amendment to our Constitution was intended as an individual right of the American citizen to keep and carry arms in a peaceful manner, for protection of himself, his family, and his freedoms." Senator Orrin Hatch, Chairman, Senate Judiciary Committee Subcommittee on the Constitution, 97th Cong., 2d Sess., The Right to Keep and Bear Arms, Committee Print I-IX, 1-23 (1982).
"The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner." - United States Senate, Report of the Senate Judiciary Committee Subcommittee on the Constitution, 97th Cong., 2d Sess., The Right to Keep and Bear Arms, Committee Print I-IX, 1-23 (1982).
"The second amendment to the federal constitution, as well as the constitutions of many of the states, guaranty to the people the right to bear arms. This is a natural right, not created or granted by the constitutions." Henry Campbell Black, Handbook of American Constitutional Law, 1895.
"Believing that the amendment does not authorize an individual's right to keep and bear arms is wrong. The right to bear arms is an individual right. The military connotation of bearing arms does not necessarily determine the meaning of a right to bear arms. If all it meant was the right to be a soldier or serve in the military, whether in the militia or the army, it would hardly be a cherished right and would never have reached constitutional status in the Bill of Rights." Leonard W. Levy, Origins of the Bill of Rights, Paperback 1999 edition, Chapter 6, Pages 134-135.
Sometimes I even doubt if you are in fact a US citizen.
Unfortunately, none of them contend that the states are barred by the 2nd Amendment from regulating fireams or that there is such a limitation existing within a general right lying outside of the 2nd Amendment.
Did you think that if you posted enough unsupportive quotes that it would suffice?
Moron.
Not all is golden in the Garden?
The Founding Father's didn't subscribe to the cults of libertarianism or anarchism.
Their posted statements stand unaddressed and unrefuted.
Whatta surprise.
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