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Bush Lawyers Target Gun Control's Legal Rationale
THE WALL STREET JOURNAL ^ | January 7, 2005 | JESS BRAVIN

Posted on 01/07/2005 9:56:54 AM PST by neverdem

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To: longtermmemmory

I couldn't have said it better.


61 posted on 01/07/2005 11:21:35 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: OXENinFLA

law professors, with a straight face, argue the entire issue can be broken down into mere grammar. The mere grammar denies this ONE amendment as an exception to all the OTHER INDIVIDUAL rights in all the amendments.

Never mind that such gramar games may not apply across the years. Remember s and f were interchangable, so I would argue ENGLISH should be applied. Of course these types of law professors are the first ones lined up and shot in any revolution so they have a legitimate fear of individual rights.


62 posted on 01/07/2005 11:25:19 AM PST by longtermmemmory (VOTE!)
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To: OXENinFLA
How in the HELL can the "Militia" in the Bill of rights, ratified Dec. 15, 1791, apply to a Gov't formed Militia when the Militia Act wasn't passed until May 2, 1792?!?!!!

They had historical precedent going back the colonies.

63 posted on 01/07/2005 11:29:54 AM PST by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: Feckless

Actually, not among serious scholars either. Lefty Alan Dershowitz USED to hold the "state militia only" position, but reversed himself after doing some research. No one who has seriously researched the matter can find that the 2A doesn't grant the right to individuals.


64 posted on 01/07/2005 11:29:59 AM PST by GovernmentShrinker
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To: Beckwith

I'll miss Ashcorft on 2A issues -- but not on much else.


65 posted on 01/07/2005 11:30:41 AM PST by GovernmentShrinker
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To: OXENinFLA

If you believe that Hillary should decide if you may have a gun, I guess you're good to go.

Fortunately "shall not be infringed" is still the law or the land, regardless of the opinions of Bush, Ashcroft, or Hillary.


66 posted on 01/07/2005 11:40:13 AM PST by TERMINATTOR ("I believe in background checks at gun shows or anywhere" - GWB)
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To: SilentServiceCPOWife

It's restricted in the same reasonable ways that other Bill of Rights rights are restricted. The First doesn't give you the right to shout "Fire!" in a crowded theater, or barge into a public school (funded with federal and state money) classroom and drown out the teacher with your rant on your pet issue. Writings by the framers of the 2A made clear that they did not intend that insane people or habitual felons should have an unfettered right to keep and bear arms (of course, back then "felon" didn't mean someone who still had a firearm for which your registration/license had expired), and common sense holds that we should be able to take guns away from people who are actively threatening to use them to commit crimes.


67 posted on 01/07/2005 11:41:12 AM PST by GovernmentShrinker
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To: GovernmentShrinker
Actually, that logic doesn't hunt. You have EVERY Right to shout "Fire" in a theater, if the theater is on FIRE.

Are you now suggesting that a priori restraint of our Rights on Second Amendment issues is just peachy?

Either charge us all with crimes that would entail the restriction of our 2A Rights as punishement, or get the hell out of our way.

68 posted on 01/07/2005 11:43:39 AM PST by Dead Corpse (Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.)
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To: TERMINATTOR


Residing in CA as you apparently do,

YOU have quite enough state law to

attack, but I guess you'd rather bash Bush.


69 posted on 01/07/2005 11:44:52 AM PST by onyx (A BLESSED & MERRY CHRISTMAS TO ALL.)
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To: Howlin
So much for the "Bush is dumping on gunowners" rants.

Bull.

This is what I mean when I say "Second Amendment".

I mean, suppose there's a LOT of deer? Suppose they are all inside armored vehicles? What do I do then, hmmmm?

70 posted on 01/07/2005 11:46:19 AM PST by Lazamataz ("Stay well - Stay safe - Stay armed - Yorktown" -- harpseal)
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To: Howlin; All

They will find something else to complain...


71 posted on 01/07/2005 11:47:08 AM PST by KevinDavis (Let the meek inherit the Earth, the rest of us will explore the stars!)
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To: Paul C. Jesup; All
Makes me glad that I did not waste my vote of the Losertarian Party and the Constipation Party..
72 posted on 01/07/2005 11:49:11 AM PST by KevinDavis (Let the meek inherit the Earth, the rest of us will explore the stars!)
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To: Beelzebubba
the multitude of onerous restrictions on access to firearms presently endured by the people

Such as???

Exactly what purpose do you suppose the memo was drawn up if not to perhaps address some of your concerns? Mere busy work, tossing in historical context for the heck of it?

73 posted on 01/07/2005 11:49:35 AM PST by cyncooper
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To: Lazamataz

I wanna go hunting you with. Just for the humor value of it if nothing else. Watching you trying to skin a deer turned inside out by one round from that thing would be worth the price of the beer....


74 posted on 01/07/2005 11:50:16 AM PST by Dead Corpse (Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.)
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To: Dead Corpse
I wanna go hunting you with. Just for the humor value of it if nothing else. Watching you trying to skin a deer turned inside out by one round from that thing would be worth the price of the beer....

Oh, I don't hunt for the meat.

I hunt to watch the prey vaporize.

75 posted on 01/07/2005 11:51:49 AM PST by Lazamataz ("Stay well - Stay safe - Stay armed - Yorktown" -- harpseal)
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To: Lazamataz

That'd pretty much do the trick. Serbu-50 for gophers?


76 posted on 01/07/2005 11:52:47 AM PST by Dead Corpse (Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.)
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To: Question_Assumptions
All I think you really need to do is get people to read the

Who is "you" and why are they needing to "get people to read" anything? If you're saying the intention is already clear, that may well seem so to you, me and most Freepers, but as noted, there has been a problem over the years with judicial interpretations and this adminstration is addressing that in particular and it's not up for a vote, it's a matter they're trying to get straight in the law.

77 posted on 01/07/2005 11:53:31 AM PST by cyncooper
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To: neverdem

Good for him, good for the Republic.


78 posted on 01/07/2005 11:57:30 AM PST by stevio (Let Freedom Ring!)
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To: Dead Corpse
That'd pretty much do the trick. Serbu-50 for gophers?

For gophers -- being as they can duck underground quickly -- nothing less than this:


79 posted on 01/07/2005 11:57:47 AM PST by Lazamataz ("Stay well - Stay safe - Stay armed - Yorktown" -- harpseal)
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To: Lazamataz

Way out of my price range. That, and trying to find a semi-auto with a mag big enough for them is a b*tch...


80 posted on 01/07/2005 11:59:32 AM PST by Dead Corpse (Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.)
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