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The Second Amendment Is Not Negotiable
FrontPageMag.com ^ | December 17, 2012 | Ron Resnick

Posted on 12/17/2012 8:24:22 AM PST by Perseverando

Cries for more “gun control” have flooded opinion and editorial pages in the wake of the school shooting in Connecticut. The opinion that Americans do not have a right to own firearms, and the assertion that the Constitution does not protect the right of individuals to own firearms, is absolutely false — and also incorrect in the context of law.

In 2008, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), held that the Second Amendment to the United States Constitution protects an individual’s right to possess a firearm for private use within the home in federal enclaves. In 2010, in McDonald v. Chicago, 561 U.S. __ (2010), the Supreme Court held that the right of an individual to keep and bear arms protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. That American citizens have a right to own firearms is conclusive and irrefutable.

People who have an emotional revulsion to firearms in general and who respond to shooting tragedies with well-intentioned proposals to prohibit or restrict law-abiding citizens from possessing firearms must remember that possessing a firearm is not like possessing a boat or a golf club. The possession of boats and golf clubs are not enshrined in our Constitution as fundamental liberties.

The right to own a firearm was considered by both the Framers of the Constitution in 1787 and by the current Supreme Court to be equal in importance to the right to speak freely, the right to peaceably assemble and the right to practice religion. These liberties are

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government
KEYWORDS: 2ndamendment; banglist; guncontrol; heller; johnrlott; kukluxklan; newtown; secondamendment; youwillnotdisarmus
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1 posted on 12/17/2012 8:24:25 AM PST by Perseverando
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To: Perseverando
NOT NEGOTIABLE!
2 posted on 12/17/2012 8:27:09 AM PST by Obadiah (How do you know that the light at the end of the tunnel isn't a muzzle flash?)
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To: Perseverando

All it would take is a for a couple more Obama left wing justices on the SCOTUS and the Heller case could be overturned and the Second Amendment trashed. Obama now has his Reichstag fire and like Hitler in 1933 will use this “crisis” to curtail liberties starting with the Second Amendment.


3 posted on 12/17/2012 8:28:02 AM PST by The Great RJ
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To: Perseverando
This is why we have the second amendment.


4 posted on 12/17/2012 8:28:31 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Perseverando

It might be one thing to pass a federal law banning any sort of firearm. It will be something else to enforce it. It will be a third thing to get to those millions of firearms.


5 posted on 12/17/2012 8:31:39 AM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: Perseverando

On the Sunday shows the Dems been saying that the Second Amendment protects hunting (animals I assume).

Maybe they need bigger ‘Gun Free zone’ signs, and put a big fine on it like on handicapped parking fine signs.


6 posted on 12/17/2012 8:38:22 AM PST by sickoflibs (Dems know how to win. Rs know how to whine.)
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To: The Great RJ

I do not care what any of them have to say on the matter.


7 posted on 12/17/2012 8:38:51 AM PST by chris37 (Heartless.)
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To: Travis McGee

Good Morning Travis, I see you’re patrolling the electronic frontier in defense of the free world this morning. Thanks!

BTW, from here in VA. “Go Wahoos!”


8 posted on 12/17/2012 8:43:00 AM PST by Perseverando (Gun control? It's really not about gun control is it? It's really about PEOPLE CONTROL!)
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To: Perseverando

http://www.nolo.com/legal-encyclopedia/right-own-gun-under-heller-30295.html

“The Court did endorse the “the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons,’” but did not state whether such weapons include assault weapons or semi-automatic weapons.”

By definition, a weapon is dangerous so the above is just tautology.

Congress failed to renew the Clinton AWB in 2004 because invidious discrimination between traditional semi-auto long arms and (evil) `black’ carbines was mere `form over substance’: political theater. The gun grabbers’ arguments don’t hold water.

Just between you, me and the fence-post though, the one feature we will have to be prepared to defend is the large capacity magazine.
I suspect `splitting the difference’ will result in a prohibition of transporting such magazines, e.g. to ranges, while allowing their possession at home. This would allow prosecution of `gangbangers’ and `Sandy Hook lunatics’.

The response to that is that gangbangers and lunatics will ignore such laws, so it has no prophylactic value. But the left doesn’t want to be confused with facts or logic. They just want “action”.


9 posted on 12/17/2012 8:43:56 AM PST by tumblindice (America's founding fathers: All armed conservatives. "A long train of abuses and usurpations.")
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To: Travis McGee

IMO, people who believe in gun rights [and the GOP] better be pointing out the mental health issue and knock back the Liberal PC idea that mental health is something that cannot be named.


10 posted on 12/17/2012 8:46:51 AM PST by BunnySlippers (Yes, they have. Don't you read?I LOVE BULL MARKETS . . .)
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To: Travis McGee

On the 2nd row mug shots you left out Obozo.


11 posted on 12/17/2012 8:50:39 AM PST by Texas Fossil
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To: The Great RJ

He’s going to get at least three more injustices appointed. Senate confirms, not the House. I’m beginning to hear war drums in the distance. Hope not, but that’s how it sounds at this stage.


12 posted on 12/17/2012 8:51:42 AM PST by Trod Upon (Civilian disarmament is the precursor to democide.)
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To: SkyDancer; All

Obama intends to push right-winger Americans that to the point of having to start an insurrection or rebellion so that he can declare martial law and put us down (literally) ala Weather Underground style. What better way to instigate the civil disobedience that he needs than to now go after our guns?

It’s all part of the leftist plan. A necessary part in order for that full “transformation” to be accomplished.


13 posted on 12/17/2012 8:53:33 AM PST by XenaLee (The only good commie is a dead commie.)
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To: Travis McGee; Perseverando; Obadiah; P-Marlowe
The answer is not to restrict the firearms rights of law-abiding citizens. The answer is that the mentally ill should not be allowed to buy firearms. Mental illness and crime reporting requirements should be tightened. States must diligently submit mental illness and criminal records to the National Instant Criminal Background Check System so it can red flag individuals who should not be buying firearms.

The above quote from the article says that "mentally ill should not be allowed to buy firearms."

Then it apparently allows states to determine mental illness.

Mental illness could be, by a government that doesn't hesitate to sell military weapons to drug cartels, a means to foist gun control on a population.

Everyone and his brother will be "ptsd'd" or "adhd'd" out of gun ownership. Count on it.

The only way I can think of to legitimately take away another person's rights would be by jury trial with due process of law and then a finding of guilty by a jury of one's peers.

14 posted on 12/17/2012 8:56:45 AM PST by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: Perseverando

It is also not negotiable here in Newtown.


15 posted on 12/17/2012 8:58:27 AM PST by DTogo (High time to bring back The Sons of Liberty !!)
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To: Obadiah

Americans have no rights. The train left the station last November.


16 posted on 12/17/2012 8:59:46 AM PST by swamprebel (a Constitution once changed from Freedom, can never be restored.)
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To: Perseverando

Will the media give up their First Amendment rights?

The Second Amendment guarantees all the other amendments.


17 posted on 12/17/2012 9:02:54 AM PST by txrefugee
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To: XenaLee

To me I guess the best thing to do if it ever comes to it is hide the guns first, then bring them out after the first wave of confiscation passes. We’d know better what to do then.


18 posted on 12/17/2012 9:03:53 AM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: Perseverando

To strip firearms from MILLIONS of Americans because of the murder of 20 children is absolutely INSANE.


19 posted on 12/17/2012 9:06:48 AM PST by Obama_Is_Sabotaging_America (IMPEACH OBAMA)
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To: Obadiah

Not negotiable under any circumstances!!


20 posted on 12/17/2012 9:10:17 AM PST by DarthVader (Politicians govern out of self interest, Statesmen govern for a Vision greater than themselves)
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