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Monday, January 14, 2008

Bush Administration Comes Out Against Unrestricted Ownership Of Personal Firearms

Ugh...

Since “unrestricted” private ownership of guns clearly threatens the public safety, the 2nd Amendment can be interpreted to allow a variety of gun restrictions, according to the Bush administration.

The argument was delivered by U.S. Solicitor General Paul D. Clement in a brief filed with the U.S. Supreme Court in the ongoing arguments over the legality of a District of Columbia ban on handguns in homes, according to a report from the Los Angeles Times.

Clement suggested that gun rights are limited and subject to “reasonable regulation” and said all federal limits on guns should be upheld.

“Given the unquestionable threat to public safety that unrestricted private firearm possession would entail, various categories of firearm-related regulation are permitted by the 2nd Amendment,” he wrote in the brief, the Times reported.

He noted especially the federal ban on machine guns and those many other “particularly dangerous types of firearms,” and endorsed restrictions on gun ownership by felons, those subject to restraining orders, drug users and “mental defectives.”

Now, I’ll agree that denying gun ownership to convicted felons is allowable under the Constitution.  The 5th amendment allows for citizens to be denied “life, liberty and property” with due process of law.  If you’re convicted of a crime that’s due process, and one of the liberties that can be taken away is the freedom to own guns.

But to say that the 2nd amendment allows for restrictions on private gun ownership for citizens who have never been convicted of a crime is just plain nonsense.  The 2nd amendment says no such thing:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Archaic capitalization and punctuation aside, this is the pertinent text: “The right of the people to keep and bear arms shall not be infringed.”

If the powers that be want the 2nd amendment to say “The right of the people to keep and bear the following list of allowable firearms shall not be infringed,” and then include a list of the sort of guns they deem safe, they’re going to have to go through the amendment process.  Because we should live by what the Constitution actually says, not what lawyers and judges think it says.

Comments

Avatar for Caser

Imagine if it said this:

“Given the unquestionable threat to public safety that unrestricted free speech would entail, various categories of speech-related regulation are permitted by the 1st Amendment,” he wrote in the brief, the Times reported.

Imagine the screams. Imagine how people would yell--rightfully so--if the government started curtailing free speech because true free speech is an “unquestionable threat to public safety.”

*shakes head*

Caser on January 14, 2008 at 12:53 pm

Here’s one guy who would agree with you.

2nd Amendment

ews48 on January 14, 2008 at 01:00 pm
Avatar for Greg

I used to fantasize about having a machinegun, and if they became legal I’d probably get an MP-40. But I’m no Constitutional scholar. Does this case represent an opportunity for the Supreme Court to speak to the constitutionality of the federal restriction on machine gun ownership?

Are you taking the position that machine guns should be generally available, just as semi-automatic long guns are today?

Greg on January 14, 2008 at 01:02 pm

The Bill of Rights was a list of citizen rights which the federal government was prohibited from infringing upon; that is, they were nearly abosolute rights for every citizen and they could not be amended or taken away by any act of the government. Yes, the people may amend even the Bill of Rights - the people, not through their elected representatives, but for any part of the Bill of Rights to be changed it had to be submitted to a vote of all the people in every state, they and they alone had the authority to alter these sacred rights.

The Second Amendment gurantees every citizen the right to own and even bear arms against the government, if that government becomes oppressive, unjust or in any way denies each of them equal rights under the law. Should the Supreme Court go beyond denying felons or non-citizens the right to keep and bear arms, we must fear the rise of a kleptocracy in America, wherein we have surrendered our rights to the whims of a judicial ruling class (elite), probably with the cooperation of the Congressional, political ruling class. I mention this cooperation in forming a de facto kleptocracy because the SCOTUS has already rubber stamped congressional constructed amendments to the First Amendment of the bill of rights with McCain-Fiengold, which limits free political speech in that citizens cannot under certain conditions pool their resources to express their dissatisfaction with political candidates near an election.

We need to also be wary because any other changes beyond disallowing felons and non-citizens the right to keep and bear arms means they will be taking away our rights to, if necessary, defend our rights against an oppressive federal government.


No matter the age or state of health, for a military man it is always glorious to tilt at windmills, rescue a fair Dulcinea and be a gallant knight in armor in a glorious cause.

Neiman on January 14, 2008 at 01:18 pm
Rob
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Are you taking the position that machine guns should be generally available, just as semi-automatic long guns are today?

I’m saying that the 2nd amendment doesn’t provide for government bans on machine guns.  So if the government wants to ban them, it would seem we need a constitutional amendment.


When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

-- Thomas Jefferson

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Rob on January 14, 2008 at 01:21 pm

"Brief filed with the Supreme Court” No branch of the federal Government has had a more corrosive impact on our liberties over the last 50 years than the Supreme Court. Unlike acts of Congress, Supreme Court decisions are hard to reverse [Rowe vs. Wade!] and even though we now have two new constructionists on the court, it is the appointments over the next four to eight years which will determine the nature of future decisions. We MUST win the White House this Fall. McCain, Thompson, Guiliani and Romney have all pledged to appoint strict constructionists to the court and ALL of them are fine with me. We just need to pick a winner.


"Here lies, in honored glory, an American soldier, known but to God.”

“Glory is not a conceit. It is not a decoration for valor. Glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely, and who rely on you in return.”
Senator John McCain, Faith of Our fathers

pparets on January 14, 2008 at 01:23 pm

I used to fantasize about having a machinegun, and if they became legal

They are legal where the states have made them illegal.  You need special approval and pay a special transfer tax.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 14, 2008 at 01:24 pm

Class III Tax Stamp, I believe it is called.

Regs here know my position on 2nd Amendment, and as for full auto, it is a waste of ammo on 90% shooters.

As far as “right to keep and bear” I have long held that upon you arriving to exercise your right to vote you should provide proof that you do, in fact, own at least one firearm and have, prior to attaining the age of 18, completed a safety and handling course. Preferably one at least 100 hours in duration.

There, that ought to ‘splode some leftard heads!


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on January 14, 2008 at 05:31 pm

I have long held that upon you arriving to exercise your right to vote you should provide proof that you do, in fact, own at least one firearm and have, prior to attaining the age of 18, completed a safety and handling course.

I agree that safety courses are a good idea, but they are not necessary before you can exercise your rights.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on January 14, 2008 at 05:53 pm

As clearly evidenced by the bucket of feces through a blender nightmare that is our current political situation, yo.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on January 14, 2008 at 06:41 pm

The people who are giving Bush hell for this are the same people who think that felons shouldn’t be allowed to arm for life.

So, whatever.

likwidshoe on January 15, 2008 at 12:22 am

The Statists will always demand in bewildered astonishment and accusation whether you think everyone ought to have a machine gun, a tank or a nuclear bomb.

The better question to ask is whether a Constitutional right can be ‘interpreted’ out of existence by an unelected junta of five (majority vote on the SCOTUS) and the US remain a free country?

If they want to change an aspect of the Constitution so outdated and offensive, the Constitution provides for a method of peaceful and orderly change via the amending process.  Heck, they still remembered that for Prohibition, but after Roosevelt’s threat of court packing, they’ve glossed over such niceties and the government schools have failed to make that a part of their history curriculum.

You can’t defend rights you don’t know you have.

You can’t recognize a Statist if you haven’t been taught to know the earmarks.


...for great justice

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Move_Zig on January 15, 2008 at 02:18 am

This is why we need real republicans not Rino’s in office. I think Rob is on to something when he talks about voting for people that claim to be right leaning but are marginally better than Hillary and Obama.


Check out:
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Goon’s World

goon on January 15, 2008 at 04:16 am

The Constitution: “..not what judges think it says..” Well, that’s the problem, because the same document does empower judges to decide the meaning and application of its language.

The term ‘marginal’ is used on this blog a lot in describing any republican candidate who doesn’t meet our individual litmus tests on conservative values. Hence, why elect a GOP candidiate who is only ‘marginally’ better than Clinton, Obama or Edwards.

Well, at least four of our choices - McCain, Thompson, Guiliani and Romney - have pledged that they will only nominate strict constructionist candidates to the high court.

We can argue all we want about conservative credentials, but above all else, we must not allow the liberal dems, aided by a dem congress, to fill the two or three vacancies which will occur in the next four to eight years. More than anything else, this election is about the Supreme Court.


"Here lies, in honored glory, an American soldier, known but to God.”

“Glory is not a conceit. It is not a decoration for valor. Glory belongs to the act of being constant to something greater than yourself, to a cause, to your principles, to the people on whom you rely, and who rely on you in return.”
Senator John McCain, Faith of Our fathers

pparets on January 15, 2008 at 04:51 am
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