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Mass Shootings and Gun Debate 2018 Thread

Not only can u not argue about banning guns because SHALL NOT BE INFRINGED is on paper.

Instead of posting this every few weeks, I'm just going to reference this one.

...........

It doesn't matter what the Constitution has written in it. Anywhere.

The last few paragraphs have the meat of this US civics class.

The Court and Constitutional Interpretation

Short version: the Constitution is a living document. The Supreme Court can rule whatever it wants to about anything in it.

(Constitutional amendment addition is a very complicated process. It is really convoluted and nearly impossible to get done.)

Also, free speech is not without restriction in America.
 
The flag code is and has always been unenforceable. Hence its only advisory. Only the governments supposed to make any attempt to follow it. It's because of the first amendment that this is the case. Texas v Johnson and United States v. Erichman.

Personally, I don't see how you can legitimately interpret the 2nd amendment as not providing individual gun rights without virtually destroying modern free speech protection with it. The only sensible argument is that it doesn't apply because the world has changed, and that would apply to free speech as it applies to any post 18th century technology as well. The only legitimate option apart from that is a referendum, and we all know why nobody is trying that. The fact we can't change it via referendum in itself says to me why it's wrong to try and change it some other underhanded way by reinterpret in it. It's undemocratic. If it weren't we could do it with a referendum.

So aside from the semi legitimate argument that the world has changed which would affect free speech, and the fully legitimate but impossible option of a referendum, the only other two options are illegitimate and both have consequences for the bill of rights as a whole, those options being ignoring it entirely or pretending it was never intended as an individualist right as all, which is absurd given that all the other rights are and it makes no sense in historical context.
 
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requiring mandatory training doesn't take away anyone's rights, its a way to lower the cost in the cost : benefit ratio by setting a minimum competency level before being allowed to operate tools that make mass murder as easy as breathing.

i don't think theres anyone here that would argue that toddlers should have unrestricted access to every weapon in existence, right? then you've already agreed that some threshold minimum for competency is necessary.
 
requiring mandatory training doesn't take away anyone's rights, its a way to lower the cost in the cost : benefit ratio by setting a minimum competency level before being allowed to operate tools that make mass murder as easy as breathing.

i don't think theres anyone here that would argue that toddlers should have unrestricted access to every weapon in existence, right? then you've already agreed that some threshold minimum for competency is necessary.

I'm not against mandatory training. Quite the opposite, I think a licensing system incorporating such requirements is the ideal gun control solution. It's banning guns and gun classes outright that I don't think works.

Though I still wonder about reconciling that constitutionally. Licensing reverses the current onus, making it something you have to be approved for rather than the reverse. I agree with the idea, I'd love it if we could make it happen. I'm just against doing it in any way that's unconstitutional, and I question if it's constitutional as the bill of rights stands. You say it doesn't take away anyone's rights, but if having guns is a right, I don't see how requiring someone to do something to obtain that ability isn't essentially making it not a right anymore. You don't have to do anything to obtain other rights. You have to do something to lose them.

In short I agree with the idea, just not with enacting it unlawfully.
 
...I don't see how requiring someone to do something to obtain that ability isn't essentially making it not a right anymore.
we've discussed this before:

there is a case to which those who aggressively trumpet the importance of the 2nd amendment often point: district of columbia vs. heller

they point to it because they believe it takes their side on the issue of individual gun ownership depending on membership of a "well regulated militia". they believe the case proves that the 2nd amendment gives individuals the right to bear arms. that's some pretty important case law, right? i mean it went to the u.s. supreme court! and the opinion was written by republican antonin scalia. so this case is important right? and right right?

here's an excerpt from the opinion of the court. not the dissent - the opinion:

"E.III Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. See, e.g., Sheldon, in 5 Blume 346; Rawle 123; Pomeroy 152–153; Abbott 333. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. See, e.g., State v. Chandler, 5 La. Ann., at 489–490; Nunn v. State, 1 Ga., at 251; see generally 2 Kent *340, n. 2; The American Students’ Blackstone 84, n. 11 (G. Chase ed. 1884). Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."

that's a little hard to read with those inline footnotes so here is just the text:

"E.III Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."

there it is.

"...or laws imposing conditions and qualifications on the commercial sale of arms." it's right there in black and white in antonin scalia's opinion for the court.

so, for example, background checks are constitutional.

"curtail" means to "reduce in extent or quantity; impose a restriction on". the government could impose restrictions on the sale of arms which a pro-gun individual might characterize as severe curtailment but which the court could decide were perfectly legal based on the heller decision.

alasdair
 
It reverses the onus for anyone new. Either it was never a rights violation or it always is. And background checks are neither here nor there because they still presume that you're allowed to own a gun as the default. You have to do something for it to be taken away as is the case with rights like these. Requiring that you do something to gain the right is quite different.
 
And background checks are neither here nor there because they still presume that you're allowed to own a gun as the default.
...
Requiring that you do something to gain the right is quite different.
i feel like these two statements contradict each other?

background checks do require that you do something to exercise your second amendment right - they require that you pass the check. as scalia indicated, conditions and qualifications on sale/purchase are not a problem.

alasdair
 
The difference is with a background check, you're checking if you have done something to have your right revoked as a result of court action (having been found guilty of a crime). It's something you have to lose. With a license, or essentially the same if you require training, you are presumed to not have the right to start with and have to do something to gain it. A subtle distinction but a definite distinction nonetheless. Apart from the underlying philosophical difference. The system is designed to allow you to appeal and fight being found guilty or otherwise deemed to have lost your rights. Presumably if you have to be trained or get a license, you have no such assurances. This is already used as a trick with the concealed carry permits in some states. Some states have the permits, but make it virtually impossible to be granted them in practice unless you're someone rich and powerful.
 
@spacejunk: that was most informative, thank you. two questions. what was the weapons used in that massacre? (i'm having trouble reading due to healing, everything is blurry)

I had to look it up, and i'm probably revealing my ignorance of firearms here, but he used the Colt AR-15 and a L1A1 SLR (is that what they're called? I don't know anything about the second gun, not even if that's how people refer to them)

i remember one of the history lessons i had in public school was the way australia was colonized. there was an island used as a prison with many nefarious types and even those who were unfairly condemned due to the way all law enforcement use to be. do you think this massacre was things coming back around? (leaving out how the aboriginies (idk how to spell that) were treated much like native americans here)

It's interesting that you should mention this island used as a prison, because i presume you're referring to Tasmania, which was known as Van Diemans Land back in the early colonial days.
Not only did the massacre in question occur in Tasmania, it actually happened in the historical site of the notorious gaol called Port Arthur., which was one of the first places of european settlement in Australia.

It was one of the really early colonial settlements and was built by convicts that were "transported" over from britain in the very early days of british colonisation.

It's a very, very eery place - a site of historic brutality and suffering. Those that survived the trip over were subjected to extremely hard labour (presumably clearing the land, then building their own prison from thw ground up, with stone brick.
I find it surprising that anyone survived the ordeal of being sent there as a prisoner - it's inhospitable country and the prisoners were treated poorly in such harsh conditions.
I went there a few years before the massacrr, and it was extremely creepy and dark back then...i imagine it's even worse now, with memories of the massacre haunting the place as well. :|

As for the reasons for the massacre, i'm not really sure - besides the dark colonial history of Port Arthur, it's also a popular tourist destination that is probably busy year-round.
I'm not generally particularly interested in the motivations or justifications of people who commit indiscriminate mass murders like the guy at Port Arthur, but i don't think there was any deep meaning behind that target.
The gunman had a range of intellectual impairments and was socially dysfunctional - illiterate, i believe, and was just a deeply fucked up person.

My assumption is that he was seeking attention and infamy, and Port Arthur is the sort of place that could have appealed, to that end, for any number of reasons; most of the time i imagine it's unlikely to be deserted, and it is already a notoriously violent place; a place of torture and suffering.
But I imagine the guy who went on a rampage there may have just been looking for a crowded place; tasmania isn't completely uninhabited (it's a really beautiful part of the world) but its largest city is still pretty small.
I guess Port Arthur may have also been isolated enough hold up the police response, unlike anywhere in the city.

p.s. those thinking that it is part of our heritage to cling to guns gets under my skin sometimes. it is only one of the rights we have here and it was one part that was crucial in obtaining those rights but i think the importance is lost. during that period it was a turning point in any battle. the world over thought pretty simple back then. the importance for our right to bear arms is based off that turn in warfare but needs to be expanded on with each generation. taught and understood so rights have meaning instead of just being a motto. consumables and conveniences have slogans, rights do not. the papers were written simply but with a deep understanding and foresight that would be a tangent to elaborate on.

I think that's a good way of looking at it, and i'm inclined to agree.

our basis for having rights and freedoms was based off people being equal and progressive thinking for the future knowing nothing is perfect and that life is part chaos and part structure, that it changes and if we don't with it then we break or are swallowed up and are left behind to be no better than the tyrants we were trying to detach ourselves from. (England- life has changed. everyone has dark pasts and we as humans are not perfect. things are much better today and i'm not saying your all tyrants today or all were back then.)

Yep, again - i cannot disagree with you here.

Indeed, our every nation - hell, our entire species - has a some dark history, but the thing about traditions is that it is possible - in fact, it's unavoidable - to observe tradition and honour your history while being discerning about which aspects may need revision if they present challenges in modern contexts.

to the australians: one of the better zombie movies i've seen is all about australia (it's a cheesy one i admit). they even have aboriginals in it that don't play the goofus or token role which i thought was most awesome. alien organisms take over people, turn them into zombies and chaos ensues.

considering a lot of what is coming across from your own opinions here i wonder if you would entertain a creative thought. lets say alien organisms came down from outer space and started taking over animal and insect life forms, they grow really big (let's say a insect grows to the size of a 6 year old for scale) and start attacking people. what would you do considering your laws and stances on guns?

I for one would welcome our insect overlords ;)

Seriously though, i personally can't think of too many scenarios that would change my mind about guns.

They won't protect me from government oppression, my odds of having to deal with an "active shooter" situation seem fairly remote - and if some sort of crisis that needed fire power were to hypothetically arise tomorrow (like a civil war, or an attempted coup or some kind of invasion) - small arms are no match for modern military technology or the sort of surveillance-state infastructure that exists as security againt uprisings, revolutions or acts of terrorism.

My personal opinion is that it's dangerous to have guns around - i can't really imagine the feeling of security some people get from owning - or carrying - a gun being applicable to me or my situation.

I don't really think there are many genuine a threats to me or my loved ones' safety that would realistically require a gun.
Guns would be overkill in most situations in australia of physical threats of violence, and in a legal sense, self defence is only justified if reasonable force is used to defend yourself.
Obviously i'm talking about australia, and may not be applicable to countries where lots of people are armed.

And for larger threats (as i mention a bit above) i don't imagine civilians with guns would be very effective.

For the illusion of security that a population of gun owners may feel, the dangers of having so many people owning firearms are many, and that's one of the reasons (besides the obvious familiarity of home) that i feel a lot safer, physically, in australia than I do when i'm in the USA.

Really though, i think the biggest threat to all of us - guns or no guns - is the breakdown of social cohesion to the extent that people becoms so alienated, desperate and hopeless that acts of extreme violence (shooting sprees or other acts of terror or indiscriminate violence) start to become commonplace. You could argue that they already are.
Of course there are more subtle forms of violence which are less graphic, and less sensational, but equally devestating - such as social and economic systems which cause extreme degradation to individuals and communities.

If people have opportunities to pursue their dreams and aspirations, if they can work hard to achieve modest but comfortable standards of living, and have access to treatment and health care if they need it (specifically, in this case, treatment relating to mental health) regardless of their financial situation.

It's far too easy to speculate about changes in guns laws being some simple solution to the horrors of america's gun problems, but i really think that the cost of medical care and other services related to social welfare, as well as the huge (and ever-increasing) wealth inequality all contribute just as much to the problems as the laws regarding gun ownership.

It's a multi-faceted and complex problem - or series of problems - and a part of the impasse is the inability of people (especially politicians, lobbyists and journalists).
On the other hand, it seems a shame to me that a great many of the people who support the american gun lobby seem completely unwilling to compromise, or even acknowledge the extent of the harm guns cause american society.

The right wing attacks on the survivors of the parkland massacre are a really good illustration of how polarised and vitriolic this debate has become over the years, especially since the election of a president who is unwilling or unable to show any leadership which could help to heal and unify a deeply polarised public; he seems much more interested in maximising and exploiting these divisions, which were around long before him, and presumably will remain in some form long after he is gone.

Not that it would make any sense to expect presidential (or even remotely professional) behaviour from him at this point, but it does seem to suggest that the odds of finding an effective solution are pretty slim while he's in office, because it's in his political interest for america to remain divided and distracted.
 
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Have u ever considered the govenrment has gone full blown tyrannical sarus Rex?

?Shall not be infringed?

In the constitution. And judges are trying to justify restrictions by saying that?s not unconstitutional.

How do you even begin to justify that?
 
Have u ever considered the govenrment has gone full blown tyrannical sarus Rex?

?Shall not be infringed?

In the constitution. And judges are trying to justify restrictions by saying that?s not unconstitutional.

How do you even begin to justify that?

The supreme court interprets laws. That is their job.

They do a poor job at it, sometimes, though.
 
So the state decided instead of just reading the constitution which every American should do. We are gonna appoint 9 people within interests of the state, created a justice department, all with paid with stolen money, to interpret the constitution, with the emohasis on SHALL NOT BE INFRINGED, and a consensus came that said putting restrictions on guns is not unconstitutional.

Who even are these people with the tyranny of the state to just completely override the constitution? Do u even understand what they have passed before? Sterilization of ppl with intellectual disabilities. Japanese internment in WW2, separate but equal.

That justice system? They get interpret the law? No thanks. Just another tyrannical government program that needs to be completely abolished and hung for treason.

Supreme Court is actually up there for reasons of why I hate the state
 
The supreme court has made a few blunders, i.e. on our 10 day waiting period here in California. But they get a few things right, i.e. gay marriage, etc.

Sadly the supreme court and voter initiatives get a lot more progress going than the white house or state legislatures. Congress is the worst of them all.
 
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