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Defining the Right to Keep and Bear Arms
FrontPage Magazine ^ | April 03, 2008 | Thomas A. Bowden

Posted on 04/03/2008 6:22:53 AM PDT by K-oneTexas

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To: robertpaulsen
It's foolish to think that states can regulate gun traffic without federal involvement.

Actually they can.

L

41 posted on 04/03/2008 9:19:11 AM PDT by Lurker (Pimping my blog: http://lurkerslair-lurker.blogspot.com/)
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To: robertpaulsen
Your Post 26

True.

But I think they will point to that and things like that and try to use them to constrain "the right to keep and bear arms" in a way that many will not like. They will claim that the constraints are not infringement because what they are constraining was not included in "the right to keep and bear arms" as it was understood at the time.

42 posted on 04/03/2008 9:24:24 AM PDT by KrisKrinkle
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To: robertpaulsen
I will refer to my original post on this thread:

"That inalienable right presupposes the ability to possess the tools necessary to accomplish it." You can't have an "inalienable" right to self-defense without a corresponding inalienable right to possess the necessary tools to do so.

Obviously, you think you can. I think that's absurd.

So I don't understand how you can say that we have to protect the right of a foreign visitor to a weapon for self defense?

Well, we don't. If they choose to come here without the protection of that right, legally, that's their choice. Morally, however, they have the right to possess any tool required to defend themselves, in my opinion.

8 year-olds are like prisoners or the insane: their protection is legally the responsibility of someone else. An adult who keeps firearms in his house can leave them available for his minor children to use, unless you think that should be restricted, also.

In the first post of yours to which I responded, you said:

The right of self-defense with a weapon, however, is regulated by each state as to 1) who may keep a weapon for self defense

So, can each state decide that 86 y.o. grandmothers have to use knife skills or stick-fighting techniques to defend themselves? The fact that not even DC goes that far is not an answer.

43 posted on 04/03/2008 9:26:16 AM PDT by Trailerpark Badass
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To: KrisKrinkle
"They will point to Jefferson, “No freeman shall be debarred the use of arms…”, Sam Adams “...who are peaceable citizens, from keeping their own arms...” and the early State declarations of rights which used words like “defence of themselves and the State”.

How will they get around what Madison wrote in Federalist paper 46? If you read all of #46, he is clearly talking about the fact that a standing army could not defeat the whole of the armed citizenry and therefore the government could not become totalitarianistic. I guess the liberals will just have to chuck all the Federalist papers...
44 posted on 04/03/2008 9:39:11 AM PDT by Old Teufel Hunden
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To: Lurker
Your link is for members. I'm not a member. Your link is, therefore, useless.

Can you please take the time to make a point? I do. For you to respond with simply a link tells me nothing. Am I supposed to guess then respond to that?

And let me clarify. I meant, "It's foolish to think that states can succesfully regulate gun traffic without federal involvement.

45 posted on 04/03/2008 9:54:23 AM PDT by robertpaulsen
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To: Trailerpark Badass
"You can't have an "inalienable" right to self-defense without a corresponding inalienable right to possess the necessary tools to do so."

Baloney. You can have an "inalienable" right to life without a corresponding inalienable right to possess necessary tools to do so, like food. You're not entitled to food. The law says you have to pay for it.

You're not entitled to a weapon for self defense. The law says who may have a weapon for self defense. And the type of weapon. And when you may use that weapon and when you may not use that weapon. You can't shoot everyone who threatens you.

"So, can each state decide that 86 y.o. grandmothers have to use knife skills or stick-fighting techniques to defend "

CAN they? Well, of course they CAN, if their state constitution allows it. But I'm not aware of any state which has such a ridiculous law. You must, since you brought it up. Which state does that?

46 posted on 04/03/2008 10:13:04 AM PDT by robertpaulsen
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To: Old Teufel Hunden
"If you read all of #46, he is clearly talking about the fact that a standing army could not defeat the whole of the armed citizenry"

If you read all of Federalist 46, he says no such thing.

"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."

The population of the United States in 1788 was around 3 million people. Madison envisioned a militia of 500,000 armed citizens. This is less than 20% of the population, hardly everyone.

47 posted on 04/03/2008 10:24:15 AM PDT by robertpaulsen
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To: robertpaulsen
Baloney. You can have an "inalienable" right to life without a corresponding inalienable right to possess necessary tools to do so, like food. You're not entitled to food. The law says you have to pay for it.

LOL! WOW! You've gone off the deep end with this one. It was bound to happen.

Have a nice day, you really cheered me up, stuck at home with the flu.

48 posted on 04/03/2008 10:24:26 AM PDT by Trailerpark Badass
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To: Trailerpark Badass
"8 year-olds are like prisoners or the insane: their protection is legally the responsibility of someone else."

Then the right cannot be inalienable. By definition, inalienable rights "refers to a theoretical set of human rights that by their nature cannot be transferred from one person to another".

49 posted on 04/03/2008 10:29:56 AM PDT by robertpaulsen
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To: Pistolshot

Why’d you ping him?!


50 posted on 04/03/2008 10:32:15 AM PDT by wastedyears (The US Military is what goes Bump in the night.)
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To: arthurus

So is the M4A1 and Ma Deuce.


51 posted on 04/03/2008 10:34:09 AM PDT by wastedyears (The US Military is what goes Bump in the night.)
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To: thulldud

It stops when we say “enough.”

When that is though, I won’t hold my breath.


52 posted on 04/03/2008 10:37:41 AM PDT by wastedyears (The US Military is what goes Bump in the night.)
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To: robertpaulsen
Actually, a prisoner or the insane has no rights when convicted or determined to be insane by the courts, that means the state is responsible for their well-being. An 8-yr-old is considered a minor, with very few rights that are not the responsibility of the parents.
53 posted on 04/03/2008 10:38:34 AM PDT by Pistolshot (Remember, no matter how bad your life is, someone is watching and enjoying your suffering.)
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To: Trailerpark Badass
"stuck at home with the flu."

Ah. Well, that explains how I was able to run circles around you today. I thought it was just too easy to totally decimate your arguments, leaving you with nothing to support your statements of fantasy.

Yep. Now it all makes sense.

(A little light ribbing.)

54 posted on 04/03/2008 10:38:38 AM PDT by robertpaulsen
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To: Bryan24

I’m adding a few words to this:

“That whenever any Form of Government becomes destructive of these ends, it is the Right, it is the Duty of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

I think that carries more weight.


55 posted on 04/03/2008 10:42:08 AM PDT by wastedyears (The US Military is what goes Bump in the night.)
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To: robertpaulsen
Ha ha.

Seriously, reconcile "You have an inalienable right to self-defense, but you will only be allowed to possess ping-pong balls and a tube of wheel bearing grease with which to exercise that right." And again, that fact that "even DC doesn't go that far" is not an answer.

If someone is denied from possessing the most efficacious tool to defend themselves, their right to self defense has been abrogated, and thus, it is not "inalienable."

56 posted on 04/03/2008 10:46:58 AM PDT by Trailerpark Badass
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To: robertpaulsen
robertpaulsen said: "Similarly, if the majority of citizens, speaking through their elected representatives, do NOT want handguns for self defense, that is their right also."

Collectives, such as a "majority" don't have rights, they have powers. It should be obvious even to you that such powers are not unlimited. Individual rights have to do with the limits of such powers.

If you intend to use the word "rights" differently, it might be useful to hear you expound on what you mean.

57 posted on 04/03/2008 10:47:37 AM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: robertpaulsen

If the residents of DC don’t want something, they don’t have to get/keep it.

Apparently some residents of DC _DO_ want certain tools, so your “the residents of DC don’t want them” line is demonstrably false. Some residents want them, others want to prevent those residents from having them - that’s very different from “the residents of DC don’t want them”.


58 posted on 04/03/2008 10:52:22 AM PDT by ctdonath2 (The average piece of junk is more meaningful than our criticism designating it so. - Ratatouille)
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To: robertpaulsen

They required permission from Congress to seek out and destroy British ships. They didn’t need permission to set up targets and practice firing on them.


59 posted on 04/03/2008 10:53:13 AM PDT by wastedyears (The US Military is what goes Bump in the night.)
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To: robertpaulsen
robertpaulsen said: "So illegal aliens also have the right to those tools? Illegal aliens certainly have the God-given right to self defense. God loves them, too. "

Once again you attempt to use exceptions to justify infringement.

A person has no "right" to do anything in a place in which they have no right to be.

YOU have a right to keep and bear arms. Exercise it inside my house without permission and you will get your right to life infringed.

Eight-year-olds, prisoners, and the insane all have guardians who are responsible for their protection. Their incapacity to perform their own self-defense has no bearing on MY right to defend myself.

60 posted on 04/03/2008 10:54:53 AM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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