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Rent-A-Cop
Oct 15, 2004

I posted my food for USPOL Thanksgiving!


I would love to see the tortured interpretation of the Commerce Clause that would made that legal.

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Harold Fjord
Jan 3, 2004

Dead Reckoning posted:

the means to effectively achieve it

That's why we get rid of EVERYONE's guns.

Rent-A-Cop posted:

I would love to see the tortured interpretation of the Commerce Clause that would made that legal.

Congress would pass it and it would be invalid under commerce but SCOTUS will declare the prinicipal valid under equal protection.

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster

Syenite posted:

I like having a couple guns w/ammo in the house because there are actual nazis in the whitehouse.

What impact do your guns have on President Donald J. Trump?

Syenite
Jun 21, 2011
Grimey Drawer

Leon Trotsky 2012 posted:

What impact do your guns have on President Donald J. Trump?

I was gonna make a joke about fending off trump from my property with them if when america becomes an apocalyptic hellscape but then I remembered the last goon who said things to that effect about the pres.

Also it's not that the president himself is a threat, more the extremely bigoted and white police in my region who'd be A-OK with rounding up all the undesirables.

Syenite fucked around with this message at 19:54 on Oct 5, 2017

BarbarianElephant
Feb 12, 2015
The fairy of forgiveness has removed your red text.

Syenite posted:

I like having a couple guns w/ammo in the house because there are actual nazis in the whitehouse.

Good luck with that, Rambo. The US army quivers in its boots at the thought of your arsenal.

B B
Dec 1, 2005

Dead Reckoning posted:

It's an explanatory clause that in no way restricts the nature of the individual right articulated in the subsequent clause. This has been subject to extensive legal, historical, and grammatical analysis and is wholly uncontroversial outside of internet smuglords going for idiotic "well you aren't in a regulated militia" one liners, and some of the stupider members of congress.

Justice Stevens is an internet smuglord:

quote:

When each word in the text is given full effect, the Amendment is most naturally read to secure to the people a right to use and possess arms in conjunction with service in a well-regulated militia. So far as appears, no more than that was contemplated by its drafters or is encompassed within its terms. Even if the meaning of the text were genuinely susceptible to more than one interpretation, the burden would remain on those advocating a departure from the purpose identified in the preamble and from settled law to come forward with persuasive new arguments or evidence. The textual analysis offered by respondent and embraced by the Court falls far short of sustaining that heavy burden. And the Court’s emphatic reliance on the claim "that the Second Amendment ... codified a pre-existing right," ante, at 19 [refers to p. 19 of the opinion], is of course beside the point because the right to keep and bear arms for service in a state militia was also a pre-existing right.

Syenite
Jun 21, 2011
Grimey Drawer

BarbarianElephant posted:

Good luck with that, Rambo. The US army quivers in its boots at the thought of your arsenal.

Ah yes, clearly because I can't fend off the army with a couple guns that means guns are useless when poo poo goes sour.

Trabisnikof
Dec 24, 2005


Lol they don't even pretend to mean only concealed or even licensed carry. That'd be a nationwide license-free open carry law.

Potato Salad
Oct 23, 2014

nobody cares


Consensus agrees on how and why this is interpreted today, not on the framers intent or rightful interpretation. Textualism is not a subject for this thread.

As you pointed out, this was intended to ensure the capacity to arm semiprofessional warfighters. It is well documented and accepted the 2A was a concession to antifederalist fears of federal invasion of the states.

Textualism is a joke, non-shill actual originalist theory would recognize the intent to provide for essentially the National Guard, and it's actually in the camp of Living Constitutionalism and stare decisis that the present interpretation of 2A has its strongest legs.

In a sense--and I know this comes across as tautological--it's when we culturally reject stare decisis that we actually get progress like "blacks are people" done, so be aware that I'm not trying to represent this as how a court should rule on 2A right now. I'm telling you where we're headed as mass shootings continue and people get fed up enough to pass legislation that treats 2A as a privilege.

Potato Salad
Oct 23, 2014

nobody cares


Nevvy Z posted:

Congress would pass it and it would be invalid under commerce but SCOTUS will declare the prinicipal valid under equal protection.

Ding ding ding

"Didn't you know that in some circumstances, one state can lord over another extrajudicially? *swallows mouthful of cash* We didn't either!"

BarbarianElephant
Feb 12, 2015
The fairy of forgiveness has removed your red text.

Syenite posted:

Ah yes, clearly because I can't fend off the army with a couple guns that means guns are useless when poo poo goes sour.

If the government "comes for you" they will come like the police do for drug dealers - with overwhelming force, and even if you escape, you will be hunted down.

The solution is to not let it get to that stage.

Mustached Demon
Nov 12, 2016

Suicide by nazi-cops acceptable.

Instant Sunrise
Apr 12, 2007


The manger babies don't have feelings. You said it yourself.
isn't concealed carry reciprocity walking all over states rights by making the state with the loosest CCW standards the de facto nationwide standard?

Potato Salad
Oct 23, 2014

nobody cares


Potato Salad posted:

But textualism

This was a low content badpost and I'm sorry

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster

Instant Sunrise posted:

isn't concealed carry reciprocity walking all over states rights by making the state with the loosest CCW standards the de facto nationwide standard?

Yeah, that is the point.

Syenite
Jun 21, 2011
Grimey Drawer
Maybe mods should move gun control chat to the same containment thread they shoved leftism into.

ummel
Jun 17, 2002

<3 Lowtax

Fun Shoe
Now it is Valium's fault this guy was nuts. The press is really reaching for stuff here.

Ugato
Apr 9, 2009

We're not?

I'm not going to try to argue point by point the merits of comparing a car to a gun. You shouldn't either because they're not the same thing. Cars aren't designed, built, optimized and sold on the premise of killing things. This is a fundamentally different object and the comparisons all fall apart when you stop and realize that. You need to treat it at a deadly weapon and not just a tool that can be deadly because of the forces involved.

Trabisnikof
Dec 24, 2005

Instant Sunrise posted:

isn't concealed carry reciprocity walking all over states rights by making the state with the loosest CCW standards the de facto nationwide standard?

Republicans don't actually care about states rights when the state doesn't do what they like.

Taerkar
Dec 7, 2002

kind of into it, really

Syenite posted:

Maybe mods should move gun control chat to the same containment thread they shoved leftism into.

But this is USPOL.

bird food bathtub
Aug 9, 2003

College Slice
State's rights was born a racist dog whistle, and lives on as a racist dog whistle with a side order of "how can we skull gently caress the poors harder with Delaware?"

ded redd
Aug 1, 2010

by Fluffdaddy

Well then, I wonder what the appropriate reaction to this would be? Ah, yes, I know what it is.

BarbarianElephant
Feb 12, 2015
The fairy of forgiveness has removed your red text.

Ugato posted:

I'm not going to try to argue point by point the merits of comparing a car to a gun. You shouldn't either because they're not the same thing. Cars aren't designed, built, optimized and sold on the premise of killing things. This is a fundamentally different object and the comparisons all fall apart when you stop and realize that. You need to treat it at a deadly weapon and not just a tool that can be deadly because of the forces involved.

Well, maybe then guns should be at least as regulated as cars. Because currently they are much less regulated.

Moatman
Mar 21, 2014

Because the goof is all mine.

BarbarianElephant posted:

Good luck with that, Rambo. The US army quivers in its boots at the thought of your arsenal.

I mean a handful of Jewish partisans in the Warsaw ghetto (I think it was Warsaw) held off the Nazi army for about a month with some rifles, some pistols, and I think a few grenades. It could happen again.
Now, generally the doomsday prepper types who stockpile guns probably aren't capable at asymmetric warfare and probably couldn't pull it off, and also would likely be on the side of the Nazis if they ever managed to go full fashy.

B B
Dec 1, 2005

Moatman posted:

I mean a handful of Jewish partisans in the Warsaw ghetto (I think it was Warsaw) held off the Nazi army for about a month with some rifles, some pistols, and I think a few grenades. It could happen again.
Now, generally the doomsday prepper types who stockpile guns probably aren't capable at asymmetric warfare and probably couldn't pull it off, and also would likely be on the side of the Nazis if they ever managed to go full fashy.

Did they have unmanned drones in WW2?

Rent-A-Cop
Oct 15, 2004

I posted my food for USPOL Thanksgiving!

BarbarianElephant posted:

Well, maybe then guns should be at least as regulated as cars. Because currently they are much less regulated.
You're wrong.

Trabisnikof
Dec 24, 2005

B B posted:

Did they have unmanned drones in WW2?


Ya but they weren't as good https://en.wikipedia.org/wiki/Operation_Aphrodite

RuanGacho
Jun 20, 2002

"You're gunna break it!"

In 2027 the US Congress passes the final measure to amend the 2nd amendment to read ""A well regulated Army, being necessary to the security of a free State, the right of the people to keep and bear Gundams, shall not be infringed."

Party Plane Jones
Jul 1, 2007

by Reene
Fun Shoe

B B posted:

Did they have unmanned drones in WW2?

Yes, but they needed actual pilots to ferry them to the target area. It's how Joe Kennedy Jr died, his plane blew up before he had parachuted out.

RuanGacho posted:

In 2027 the US Congress passes the final measure to amend the 2nd amendment to read ""A well regulated Army, being necessary to the security of a free State, the right of the people to keep and bear Gundams, shall not be infringed."


Don't you mean in the year After Colony 195?

BarbarianElephant
Feb 12, 2015
The fairy of forgiveness has removed your red text.

Rent-A-Cop posted:

You're wrong.

How so? Are guns taxed, registered, and insured?

RuanGacho
Jun 20, 2002

"You're gunna break it!"

Party Plane Jones posted:

Yes, but they needed actual pilots to ferry them to the target area. It's how Joe Kennedy Jr died, his plane blew up before he had parachuted out.



Don't you mean in the year After Colony 195?

Maybe PT 7

Rigel
Nov 11, 2016

Dead Reckoning posted:

Self defense and the means to effectively achieve it are a right, not a privilege, full stop. To be perfectly clear, I think is true even absent the protection of the right to arms by the 2nd Amendment.

The "well regulated militia" clause (regulated in this case meaning within acceptable standards of performance and accuracy, as one might regulate a watch or clock) is an explanatory clause that in no way restricts the nature of the individual right articulated in the subsequent clause. This was a common device at the time of the framing of the constitution.

It's an explanatory clause that in no way restricts the nature of the individual right articulated in the subsequent clause. This has been subject to extensive legal, historical, and grammatical analysis and is wholly uncontroversial outside of internet smuglords going for idiotic "well you aren't in a regulated militia" one liners, and some of the stupider members of congress.

The framers of the constitution expected that private individuals would be able to own warships and cannon, (although they did not guarantee a right to them,) likely on the basis that anyone who could afford such things was the Right Sort of Person. One does not grant Letters of Marque and Reprisal to a government navy, after all.

Generally speaking, the courts have held that the law does not contain useless, frivolous text unless they have no choice but to assume it does. Aside from introductory paragraphs and preambles, usually when you get to the "law" part of the law, its pretty straightforward without explanations. If you want an explanation, go to the congressional record. If you are convicted of doing this, the penalty is that, this department gets this much money for FY2018 and they may spend it on these items, the Federal government is forbidden from doing this to people, etc.

The militia clause is unnecessary to achieve a blanket guarantee of an individual right to have guns, you could literally delete all of it. Since that is true, it is preferred to find a legal meaning for every word in the entire amendment. Despite this, Scalia insisted that the court had no choice but to conclude that the militia clause was an unnecessary explanation (ie "since we need a militia, the right of the people to keep and bear arms shall not be infringed"), because the alternative interpretation from the left could not possibly be true because at the time "the militia" did not mean an armed force controlled by the state, it meant every armed able-bodied man.

I don't know if he's right. Maybe he is, I've always thought it was a close call and the left's argument was a bit of a stretch, but those arguing for an individual rather than a collective right have a heavier burden because there's not supposed to be dead text in an amendment.

Rigel fucked around with this message at 21:15 on Oct 5, 2017

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

BarbarianElephant posted:

How so? Are guns taxed, registered, and insured?
No, but neither are cars. Like I don't understand how this argument keeps coming up, regardless of what you think about gun control, it's just objectively true that you don't need to pay taxes, register, or insure cars. Not doing those things will restrict the set of things you can do with the car, but none of them are a requirement to possess or even use a car.
edit:
And to be clear, there's very good reason there's very few/no restrictions on possessing/operating cars on private property that plainly don't apply to guns, but claiming you need to pay taxes, register, and insure cars to possess or use them is just false.

twodot fucked around with this message at 21:09 on Oct 5, 2017

DACK FAYDEN
Feb 25, 2013

Bear Witness

quote:

The plan called for B-17 aircraft that had been taken out of operational service: various nicknames existed such as "robot", "baby", "drone" or "weary Willy"[3]

When the sun shines, the Weary Willies strike.

B B
Dec 1, 2005


I apparently need to brush up on my WW2 history.

If my gun nut family members in Bumfuck, Virginia are any indication, there would probably be a whole lot of violent reaction to attempting to confiscate guns. They're all terribly out of shape, though, and the idea of the trying to do any sort of sustained resistance makes me laugh. Those right-wing militias are pretty scary, though, and they've been organizing and stockpiling for decades.

Trabisnikof
Dec 24, 2005

DACK FAYDEN posted:

When the sun shines, the Weary Willies strike.

Now that's a mascot for America today!

Rent-A-Cop
Oct 15, 2004

I posted my food for USPOL Thanksgiving!

BarbarianElephant posted:

How so? Are guns taxed, registered, and insured?
What OAL is a felony for your car? How many American parts does it require to be kegal? How many law enforcement agencies did the dealer call before he could legally sell it to you? How long did it take to get a tax stamp for the muffler?

Car/Gun analogies are stupid. Firearms in the US may not be as regulated as you'd like but they are heavily regulated and penalties for loving up tend to be harsh.

Jaxyon
Mar 7, 2016
I’m just saying I would like to see a man beat a woman in a cage. Just to be sure.

Rent-A-Cop posted:

What OAL is a felony for your car? How many American parts does it require to be kegal? How many law enforcement agencies did the dealer call before he could legally sell it to you? How long did it take to get a tax stamp for the muffler?

Car/Gun analogies are stupid. Firearms in the US may not be as regulated as you'd like but they are heavily regulated and penalties for loving up tend to be harsh.

It's 100% legal for me to go to a car show and buy a municipal bus and start working routes.

My illegal food truck business is booming as well. We are food grade "X".

Rent-A-Cop
Oct 15, 2004

I posted my food for USPOL Thanksgiving!

Jaxyon posted:

It's 100% legal for me to go to a car show and buy a municipal bus and start working routes.

My illegal food truck business is booming as well. We are food grade "X".

Illegal food trucks are the best kind.

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JeffersonClay
Jun 17, 2003

by R. Guyovich
The best part about gun chat is the outliers who'd normally be posting about guillotines and siezing the means of production who suddenly become deeply concerned with constitutional rights, legal precedent and the efficacy of government regulation.

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