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Assault weapons ban back in play; Feinstein tries to get reluctant Congress ...
San Francisco Chronicle ^ | Feb 9, 2004 | by Edward Epstein

Posted on 02/09/2004 9:03:09 AM PST by Lazamataz

Edited on 04/13/2004 2:45:44 AM PDT by Jim Robinson. [history]

Washington -- Gun control hasn't emerged as a leading issue in the 2004 presidential race, but that is likely to change as Democratic California Sen. Dianne Feinstein intensifies her effort to win renewal of the decade-old assault weapons ban, which expires in September.


(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News
KEYWORDS: bang; banglist
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To: justshutupandtakeit
justshutupandtakeit wrote: You will have never seen, nor will you ever see any statement by me that the Constitution is not relevent.

"Nor is there anything in the second amendment which prevent some laws wrt firearms being legitimate,"
-107-


_______________________________________


From # 107..
Hoisted on your own petard once again.
-- Please, continue to babble on, -- quibbling that you don't ~really~support the AWB, you just support the concept of -- "some laws wrt firearms being legitimate" -- & that its a 'right' of the president to sign it, -- or some such BS line of the day..
274 tpaine


_____________________________________


I have no objection to removing the rights of the criminal classes and other felons to owning guns. This is not an idea I try to hide.
363






Unresponsive to the charge that you support signing the renewal of the AWB.

381 posted on 02/10/2004 1:57:29 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but the U.S. Constitution defines conservatism; - not the GOP. .)
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To: justshutupandtakeit
The courts ruled a lot of things that proved to be wrong. Like CFR. But I would be interested to know the case that ruled that the Bill of Rights did not apply to the states.
382 posted on 02/10/2004 2:03:03 PM PST by Double Tap
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To: justshutupandtakeit
I love guns as much as anyone

Not as much as ME.

I dress mine up in womens clothes and take them out for dinner and a show.

383 posted on 02/10/2004 2:12:54 PM PST by Lazamataz (I know exactly what opinion I am permitted to have, and I am zealous -- nay, vociferous -- in it!!!)
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To: Lazamataz
I dress mine up in womens clothes and take them out for dinner and a show.

I dress mine in fancy leather and we stay at home a lot.

384 posted on 02/10/2004 2:56:23 PM PST by eskimo
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To: justshutupandtakeit
"I have said not one word denigrating the amendment"

You said this:

""a ragtag bunch of "militia" with no training and no advanced weaponry could defeat a modern army. Few things are more laughable."

"defeating Bush is the surest way to remove even MORE 2d amendment rights."

None of those folks would be defeating Bush. They'd just ignore him. Also, Bush by his possible action would be rendering the 2nd worthless, just as he did with the 1st. Anyone that ignores the Bill of Rights and treats them with such disregard does so at their own peril. Their comes a point when folks need to realize they're in a pot on slow boil, jump out and put an end to the BS.

385 posted on 02/10/2004 2:56:57 PM PST by spunkets
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To: eskimo
"I dress mine up in womens clothes and take them out for dinner and a show."

I dress mine in fancy leather and we stay at home a lot.

Kinda like the Village People. IIIIIIII gotchya. ;^)

386 posted on 02/10/2004 3:35:14 PM PST by Lazamataz (I know exactly what opinion I am permitted to have, and I am zealous -- nay, vociferous -- in it!!!)
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To: Double Tap
Barron v. Mayor & City Council of Baltimore, 32 U.S. 243 (1833)
The opinion is written by John Marshall, ratifer of the Constitution and particiapant in the dabates over it.

"...But it is universally understood, it is a part of the history of the day, that the great revolution which established the Constitution of the United States was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen who then watched over the interests of our country deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty.
In almost every convention by which the Constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the General Government -- not against those of the local governments.
In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States.
These amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them. "

Judges who won't read what they want into the Constitution weren't so rare back then.

Frankly I do not understand why people wish to rewrite the Constitution over this. The 14th Amendment was expressly written to extend the Second to the states anyway.

387 posted on 02/10/2004 3:49:18 PM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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To: Lazamataz
Kinda like the Village People. IIIIIIII gotchya. ;^)

No! I meant a caribou leather holster and the fact that I do not get to practice much this time of year up here.

388 posted on 02/10/2004 3:50:05 PM PST by eskimo
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To: eskimo
No! I meant a caribou leather holster and the fact that I do not get to practice much this time of year up here.

I know, pal. I'm just funnin ya. :o)

389 posted on 02/10/2004 3:54:05 PM PST by Lazamataz (I know exactly what opinion I am permitted to have, and I am zealous -- nay, vociferous -- in it!!!)
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To: mrsmith
Thank you very much. That is a piece of information I didn't know existed. As you say, the 14th should have settled that arguement once and for all, but...
390 posted on 02/10/2004 3:58:25 PM PST by Double Tap
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To: mrsmith
"The 14th Amendment was expressly written to extend the Second to the states anyway."

The negro armed, Oh Heaven forbid!

391 posted on 02/10/2004 4:03:15 PM PST by spunkets
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To: justshutupandtakeit
For "the people", read "all free persons". Such a reading makes sense everywhere in the Constitution. By contrast, applying a reading that says "the people" means "the state militia" would be rather nonsensical in most contexts where the phrase appears.
392 posted on 02/10/2004 4:33:58 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: justshutupandtakeit
I have no objection to removing the rights of the criminal classes and other felons to owning guns. This is not an idea I try to hide.

I would have absolutely no problem with denying RKBA to inmates in prison, and little problem with making temporary forfeiture of RKBA be a condition of parole, but to declare that a crime can be so heinous as to justify lifetime forfeiture of RKBA and yet so minor as to require zero prison time is just plain wrong.

393 posted on 02/10/2004 4:39:19 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: justshutupandtakeit
Congress made no law abridging freedom of speech. Anyone can say anything they want at any time. However, government licenses the air waves and that allows it to restrict certain activities wrt to elections. The ability to regulate elections is in the constitution.

Per CFR, someone who prints and sends more than 500 mailings which mention a candidate in an upcoming election without first having asked the government's permission is guilty of a felony. Is that not a First Amendment issue?

394 posted on 02/10/2004 4:41:04 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: supercat
Your last one was right on the money.
395 posted on 02/10/2004 4:41:34 PM PST by yarddog
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To: justshutupandtakeit
Yeah, and ...?

Where do you think Congress gets the notion they can ban "assault weapons"?

396 posted on 02/10/2004 4:57:15 PM PST by tacticalogic (Controlled application of force is the sincerest form of communication.)
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To: looscnnn
"You forgot that in some states a petition for divorce does the same thing, even if no threat was made or no history of violence."

I did not even know that --- do you have a list of the states?

397 posted on 02/10/2004 5:00:01 PM PST by gatex
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To: spunkets
"The negro armed, Oh Heaven forbid! "

I suspect California's strict gun laws are the result of "the Chinaman armed, Oh Heaven forbid!"

But I've never seen any discussion of that history.

398 posted on 02/10/2004 5:09:13 PM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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To: justshutupandtakeit
"It has been confronted and is being rolled back in state after state. The tide crested about 1994."

Restrictions on the right to obtain a concealed handgun license are being rolled back in several states -- This is very important, but I know of no other gun gontrol being rolled back in the states --- and I know of no federal gun control that has been rolled back.

399 posted on 02/10/2004 5:12:04 PM PST by gatex
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To: justshutupandtakeit
I emphasized the word I intended to emphasize in order to point to the purpose of the militia. It was there to protect a free state not to protect people from their own state/nation.

Read Federalist #46, written by James Madison, the original author of the Constitution, and later the Bill of Rights. You'll see that he thought it perfectly proper for the militia to protect the people of the several states from a federal standing army.

The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it. 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.

Then there is opinion of Elbridge Gerry on the matter:

What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty. . . .Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins."
- Rep. Elbridge Gerry of Massachusetts, Signer of the Declaration of Independence, VP of the United States 1813-1814, spoken during floor debate over the Second Amendment, I Annals of Congress at 750, August 17, 1789

I would add that the "standing army" of today that is a real threat to our liberty is not the US Military, they are pretty apolitical and most take their oath to "support and defend" pretty seriously, but rather the swarms of federal officials, including federal police, such as the FBI, BATFE, etc, etc, that are even now eating out our substance.

400 posted on 02/10/2004 5:16:47 PM PST by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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