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DOJ Memo: 2nd Amendment is Individual Right
CNSNews ^ | Dec 21, 2004 | Jeff Johnson

Posted on 12/21/2004 6:32:49 AM PST by Tumbleweed_Connection

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To: Dead Corpse; susiek
I'm going to read this thread as it appears to have been addressed on FR already.
41 posted on 12/21/2004 9:03:45 AM PST by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: Joe Brower

Hey, Joe, thanks for that link to Gunfacts.info. Gonna be very helpful in arguing with the mushbrains at school!


42 posted on 12/21/2004 9:04:22 AM PST by Andonius_99
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To: Tumbleweed_Connection
We are getting there.

Now let's see if we cannot repeal some of the legislation that abridges the 2nd Amendment: the 1934 NFA, the 1938 FFA, and the 1968 GCA would be a nice start. If I had my druthers, I think the GCA is the right start -- some state laws depend on it, and it would knock a hole in them also if the GCA were gone.

43 posted on 12/21/2004 9:09:37 AM PST by snowsislander
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To: Tumbleweed_Connection; Joe Brower
,not a collective right that may only be invoked by a State or a quasi-collective right..

There is no such thing as a "Collective Right", quasi or otherwise. The term is an oxymoron. Just because the two words "collective" and "rights" can be used together in a sentence does not give them a true meaning.

"Collective Rights" is an abstract painting of something that does not exist. It's a word fraud. The minute a "Right" is collectivized, it becomes regulated and no longer guaranteed. It becomes deniable and is no longer a "Right".

44 posted on 12/21/2004 9:25:40 AM PST by elbucko (Feral Republican)
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To: FreedomPoster
"you left out "or (3) both"

4. Communist stooge.

45 posted on 12/21/2004 9:26:19 AM PST by TLI ( . . . ITINERIS IMPENDEO VALHALLA . . . . . .)
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To: Hat-Trick
I remember that thread. It could just be my less than adaquate grammatical skills, but I can't see where the extra punctuation changes teh over all meaning. It just segements the supplementary clauses for our Individual Right, and in fact could be considered to be a punctation of "shall not be infringed."

I'd just be happy with either version if our various levels of government would realize that it IS and individual Right and that they have ZERO AUTHORITY to pass laws infringing said Right.

46 posted on 12/21/2004 9:40:36 AM PST by Dead Corpse (Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.)
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To: Tumbleweed_Connection

One hundred three pages to explain what is plainly stated in ONE sentence?

Our tax $$$ hard at work.


47 posted on 12/21/2004 9:42:34 AM PST by lodwick
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To: Hat-Trick
I'm going to read this thread as it appears to have been addressed on FR already.

That is a VERY good posting, I saved the page in it's entirety.  I suggest others do the same...

48 posted on 12/21/2004 9:49:19 AM PST by TLI ( . . . ITINERIS IMPENDEO VALHALLA . . . . . .)
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To: xsrdx; Tumbleweed_Connection; Joe Brower
..the Brady Center stated. "And, in fact, the Second Amendment remains relevant today because the rights it protects are held by the National Guard."

Excuse me, but do the lawyers at the Brady center consider that the National Guard has "Right's"? That an entity of the Federal Government has guarantees under the Constitution. Does that mean that during an Annual General Inspection (AGI) of a National Guard Unit, the Inspector General must, by force of the 3rd. Amendment, swear out a warrant describing the persons, places and things to be inspected? Not bloody likely!

49 posted on 12/21/2004 10:01:00 AM PST by elbucko (Feral Republican)
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To: TLI

That'll work, too. Probably as (3), with (4) remaining as "all of the above".


50 posted on 12/21/2004 10:02:27 AM PST by FreedomPoster
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To: VRWCmember
..Dennis Henigan is either (1) a complete idiot, or (2) a despicable liar.

More the latter than the former.

51 posted on 12/21/2004 10:04:47 AM PST by elbucko (Feral Republican)
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To: TLI; tangofox

Freeper tangofox did alot of good research and put it together nicely. The link on that thread to the original website is broke, so I don't know if tangofox is still around.


52 posted on 12/21/2004 10:13:20 AM PST by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: Dead Corpse
This isn't a "deal breaker" IMO, but I'm positive there are scum sucking lawyers and opportunist politicians that would try to exploit it.

Well I'm all for it as long as the scum suckers scrutinize the First Amendment, find no mention of electronic press, and therefore exclude TV, Radio, Hollywood, porno and the Internet from First Amendment protections. (/sarcasm)

53 posted on 12/21/2004 10:15:41 AM PST by elbucko (Feral Republican)
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To: Dead Corpse
Agreed. I saw a great post on a thread a few days ago where the poster said something like:

The 1st Amendment is an individual right.

The 3rd Amendment is an individual right.

The 4th and 5th Amendments are individual right.

SO we're supposed to believe the 2nd Amendment isn't an individual right?

54 posted on 12/21/2004 10:18:40 AM PST by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: elbucko
There is no such thing as a "Collective Right"

Excellent reply.
#1 Individual persons have "rights" which come from God/Natural Law.

#2 Collective groups, eg governments, have "powers" which are delegated to them by Constitutions ... or Supreme Courts which don't understand #1. There is no such thing as "States Rights". Those who mistakenly use that term do their own side a disservice.

#3 In addition to "rights" from God possessed by individual persons, CITIZENS have privileges not possessed by non-citizens and not possessed by those who don't meet the criteria of a "law". Thus, there is no "right to vote". Voting is a privilege. If voting were a "right" then children who have the "right" to life could vote. But it is constitutional to exclude children from the privilege of voting. Likewise, other classes of people can be constitutionally excluded from any privilege by law.

The whole purpose of that "equal protection of the law" Constitutional amendments was to prevent discrimination based on previous condition of servitude in regards to privileges granted or withheld by law. That is why this constitutional amendment is separate from the one overturning the previous "Great Compromise" of principle in the 1/3 person clause of the constitution. Clearly remember that the "Great Compromise" was from the start recognized and labeled as a compromise of the truth.

55 posted on 12/21/2004 10:26:32 AM PST by NormalGuy (If not Normal, Spin it)
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To: RBroadfoot
Using the incorrect verson makes it easier for them to ignore the part after that last (imaginary) comma - shall not be infringed.
56 posted on 12/21/2004 10:36:43 AM PST by TERMINATTOR ("I believe in background checks at gun shows or anywhere" - GWB)
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To: Tumbleweed_Connection

Bang!


57 posted on 12/21/2004 10:47:10 AM PST by BayouCoyote (The 1st victim of islam is the person who practices the lie.)
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To: Tumbleweed_Connection

nice to see an organ of the government admit to the painfully obvious and self-evident facts for a change.


58 posted on 12/21/2004 10:52:45 AM PST by King Prout (tagline under reconstruction)
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To: NormalGuy
I agree entirely with your post.

There is no such thing as "States Rights". Those who mistakenly use that term do their own side a disservice.

AGREED! States have "Powers", but do not have "Rights". If so, it brings into the Constitution the concept of "collective" and the Constitution, to its great credit, is a document that refutes the concept of "collective" rights into human affairs. When the Constitution mentions "Rights", it is always in reference to "the people", "person" or "persons". When the Federal or State governments are referenced, the noun is "Powers". "Powers are also reserved to "the people" in the 9th. and 10th. Amendments, but any "Rights" of a government entity are never mentioned in the Constitution because there are not any.

In short, a "Right", under our Federal Constitution, cannot exist as collective.

59 posted on 12/21/2004 11:48:13 AM PST by elbucko (Feral Republican)
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To: VRWCmember

Uhhh...What is 3) all the above and then some?


60 posted on 12/21/2004 11:54:44 AM PST by looscnnn ("Live free or die; death is not the worst of evils" Gen. John Stark 1809)
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