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Trial will debate 2nd Amendment rights
WorldNetDaily.com ^ | January 6, 2007 | Bob Unruh

Posted on 01/10/2007 12:44:45 PM PST by looscnnn

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To: stm
Hey retard, when the Second Amendment was written, there were no such thing as machine guns.

Hey retard, when the Second First Amendment was written, there were no such things as machine guns radio and television.

Care to continue down that path?

Mark

281 posted on 01/11/2007 5:31:21 AM PST by MarkL (When Kaylee says "No power in the `verse can stop me," it's cute. When River says it, it's scary!)
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To: Last Laugh
Drop the four grand it takes for a Class III license. If you don't and you get caught then take your punishment and have a steaming hot cup of STFU.

Needing a license is in itelf, unconstitutional.

And don't forget that little gem we got from the FOPA, that civilians are barred from owning Class III firearms manufactured AFTER 1986... Perfect way to drive up prices even higher to limit their availability.

Mark

282 posted on 01/11/2007 5:33:18 AM PST by MarkL (When Kaylee says "No power in the `verse can stop me," it's cute. When River says it, it's scary!)
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To: mugs99
When the first amendment was written, there were no such thing as computers. Does that mean we have no first amendment rights here on FreeRepublic?

Actually, we DON'T have "first amendment rights" here at Free Republic. We have freedom of expression here, by the grace of JimRob. He has no responsibility to allow you or me to post anything we like, and you may have noticed that every now and then we get trolls who are banned.

The key item to remember is that the first amandment keeps the government from banning expression... Well, it did, until the McCain/Feingold CFR law, which only bans political speech during the critical time leading up to an election. But all other types of expression are still protected, especially if it insults or mocks Christianity.

Mark

283 posted on 01/11/2007 5:48:28 AM PST by MarkL (When Kaylee says "No power in the `verse can stop me," it's cute. When River says it, it's scary!)
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To: Myrddin
"I see you've returned to push your anti-gun agenda."

And I see you you haven't learned anything. You're still guided by your "feelings". Oh well.

"A well regulated militia militia being necessary to a free state" is no restriction on the issue of being able to keep and bear"

Feelings ... nothing more than feelings ...

Every federal court in every gun case (save one) has ruled that it is a restriction.

"The purpose of the Bill of Rights is to restrict the government from infringing upon the rights of individual citizens."

The original purpose of the Bill of Rights is was to restrict the federal government from infringing upon certain rights.

"The government doesn't need the second amendment to craft or define an militia."

The states felt they needed the second amendment to prevent the federal government from infringing on their right to form state militias.

284 posted on 01/11/2007 5:59:24 AM PST by robertpaulsen
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To: spunkets
No. The very fact that you applied for the license means you admit that there is no right to claim. Any suit must apply to the due process of the denial of priviledge. Denial of right in the case of criminal law, requires arrest and the appropriate court venue. Civil suit does not apply to acts of legislatures covering crimes

Two points. First, different treatment provides a basis for a 14th Amendment claim whether or not you "accept" the outcome. That was what happened with certain voting requirements, and the Black Codes in the South. Second, most criminal rights issues are addressed by the 4th, 5th and 6th Amendments, though they can also result in a 14th Amendment issue. Didn't realize we were only discussing criminal issues.

You're challenging the plain English contained in the 2nd Amend to the Bill of Rights.

No, I'm saying that every right carries the responsibility of government to ensure they don't endanger the society as a whole. That requires some limitations, regardless of the language. I have pointed out numerous examples of the First Amendment which contains plain English also.

285 posted on 01/11/2007 6:03:28 AM PST by MACVSOG68
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To: robertpaulsen
Every federal court in every gun case (save one) has ruled that it is a restriction.

You are such an idiot...

Same stuff on every thread. The original purpose of the Bill of Rights to to establish a minimum set of protections for Rights that were common to all Americans. You've been told this before. All the writings of the time of the Constitutions ratification support this notion. You have to go 50 years past its ratification to find even the first hints of your limited construction bulls*t.

286 posted on 01/11/2007 6:06:11 AM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be.)
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To: smoketree
We have the right to own any manner of automatic weapons as long as we don't use them illegaly. The constitution protects that right from infringement by any government in this country. Same with our vocal chords.

Two points. First, using your logic and the definition of arms, any person can own a nuclear device as long as they don't use them illegally. Second, you assume that the government may not impose any restrictions on rights until after a crime has been committed, and to assume that would be to governments do not have the responsibility for maintaining a safe and secure society, which is false.

287 posted on 01/11/2007 6:07:10 AM PST by MACVSOG68
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To: tcostell
As an example, the citizen can own a nuclear weapon, but they must store it in a approved nuclear weapon storage facility, under full time military guard, and the weapon itself must be subject to various fail-safes etc to assure it's safe storage and to prevent it's accidental discharge

You have just placed restrictions which are not mentioned in the 2d Amendment. These restrictions infringe on the right bear arms. If these restrictions are constitutional, then so are others such as restrictions on certain types of arms.

288 posted on 01/11/2007 6:10:11 AM PST by MACVSOG68
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To: looscnnn
"I disagree with that, I see nothing in the wording of the Constitution or the BOR that states that Congress can place constraints on what a militia is."

Article I, Section 8 (Powers of Congress):

The Congress shall have Power To ... provide for organizing, arming, and disciplining the Militia ..."

That doesn't place contraints on what a militia is? It gives Congress the power to define a militia, which is exactly what Congress did when they wrote the Militia Act of 1792.

You "see nothing" indeed. Like that means something.

289 posted on 01/11/2007 6:12:04 AM PST by robertpaulsen
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To: MACVSOG68
The only method for restriction of individual Rights provided for in the Constitution is those as punishment for actual crimes and as a result of a speedy trial of our peers.

Real crimes are those things in which you have caused direct damage to another. Libertarians/objectivists define this under the non-initiation of force, fraud, and theft doctrine. Jefferson and Madison had similar thoughts on the subject, but still adopted a lot of the framework of British common law.

These days, a "crime" is anything the government says it is no matter how stupid, arbitrary, or capricious their intent may be. It could lack any Constitutional authority at all, but... because they have all the big guns and are not afraid to use them, we have to OBEY.

Does that sound like a Republic based off of individual liberty to you?

290 posted on 01/11/2007 6:12:06 AM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be.)
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To: robertpaulsen
It gives Congress the power to define a militia, which is exactly what Congress did when they wrote the Militia Act of 1792.

Which specifically restricted Congress to regulating the ACTIVE duty militia. Not the rest of us who could be subject to militia call up, but aren't. Not that I expect an on topic and cogent answer from you.

291 posted on 01/11/2007 6:14:11 AM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be.)
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To: MACVSOG68
First, give everyone on a jet at 35k feet a gun and have them open up on a hijacker and see what happens.

And if we let people carry concealed weapons, the streets will run red with the blood of innocent citizens!

292 posted on 01/11/2007 6:18:48 AM PST by Trailerpark Badass
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To: MarkL
That we have allowed these restrictions on the 2nd to get this far, is beyond belief.

I truly hope that it won't get to the point where where we'll need the 2nd to defend our rights under the 2nd!

293 posted on 01/11/2007 6:21:02 AM PST by Last Laugh (We the People are in charge, so let's act like it!)
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To: El Gato

Yea, I misspoke. Thanks for the correction.


294 posted on 01/11/2007 6:22:04 AM PST by untrained skeptic
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To: tpaine
Only if they use due process to write & enforce laws that conform to our constitutions principles.

I agree with that in principle.

You admit to unreasonable restrictions, yet you claim: "-- I'm certainly not espousing taking guns away from citizens --". Go figure.

No, you go figure. I said that some restrictions are unreasonable. How does that conflict with my statement that I'm not espousing taking guns away?

Increasingly fewer venues, due in large part to citizens who claim: "-- government does not have to wait until a crime is committed. It can and does take many actions to prevent harm to society before that harm can take place. --"

You may not like it, but that is the responsibility of government. And no fewer venues exist today than 200 years ago. Name one that does not exist.

Inscribed on a plaque in the stairwell of the pedestal of the Statue of Liberty is the following from Ben Franklin: "They that can give up essential liberty to obtain a little safety deserve neither liberty nor safety."

Yes, I've seen that several times already, and it is just as misused and misunderstood today as it was yesterday and the day before. One statement by someone who had nothing to do with the Constitution does not replace either the Constitution or our system of laws.

You show your disrespect for liberty by calling it a 'cliche'.

I have fought for our liberty. Any statement that is used over and over to cover every conceivable concern becomes little more than a cliche, which this one has become.

Indeed, it will fall, by infringing on our rights to life, liberty, or property, without due process of law:

I agree completely. But I'm not sure what due process the defendant in this case is missing. He is getting his day in court.

It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints, . . . --"

And I could not agree more with Harlan. And I agree with challenges whenever they take place. They will help ensure that impositions are not arbitrary, and that restraints by government are not purposeless.

295 posted on 01/11/2007 6:23:35 AM PST by MACVSOG68
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To: MACVSOG68
"Since government schools cannot infringe on First Amendment rights"

They can certainly infringe on fourth amendment rights (New Jersey v T.L.O., 1985) -- I see no reason why they cannot infringe on others, provided it is for the same reason ("the rights of children and adolescents are not the same as those of adults and that school officials have a responsibility to maintain the discipline necessary for education.")

296 posted on 01/11/2007 6:24:46 AM PST by robertpaulsen
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To: Trailerpark Badass

LOL...


297 posted on 01/11/2007 6:25:21 AM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be.)
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To: robertpaulsen
They can certainly infringe on fourth amendment rights (New Jersey v T.L.O., 1985)

No. They came up with a perversion of principle that gives them a "loophole" they can exploit. This doesn't make it "right" or even Constitutional. It just twists the legal system that much more out of true.

Still don't quite "get" that part of the whole equation do you...

298 posted on 01/11/2007 6:27:20 AM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be.)
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To: Blood of Tyrants
The arms are protected, yes. That was the only thing we can take from Miller.
299 posted on 01/11/2007 6:29:15 AM PST by robertpaulsen
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To: spunkets
Govm'ts must stick to protecting rights. The "public good" and the "good of society" are empty, arbitrary concepts used by con men as scrumptious little treats to attract and snare bliss ninnies.

Governments that cannot ensure the safety and security of its society are doomed to fall.

There are no 1st Amend restrictions on broadcast media, outside of the unconstitutional McCain Feingold. EM allocation restricts no one's rights. No one has a right to broadcast with EM. It's a privilege obtainable though bidding.

Yet once gained, the government can control the speech and has used sanctions often. In other words, it can regulate free speech.

You can disagree but there are thousands of laws across the country which infringe on free speech, and they are likely constitutional.

300 posted on 01/11/2007 6:31:42 AM PST by MACVSOG68
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