Should the 2nd amendment be repealed?

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HomerJS

Lifer
Feb 6, 2002
36,289
28,144
136
I absolutely agree, and I think that's part of what I'm getting at when I call the "mental health" component of the gun debate a canard.
I would change mental health to mental fitness. Someone with anger issues should not own a gun yet anger isn't classified as mental illness.

Psychological screenings should be part of the process for obtaining a gun license.
 

Thump553

Lifer
Jun 2, 2000
12,726
2,501
126
Absolutely, especially given the perverse interpretation currently given to it. While your at it, an amendment providing that corporations are fictitious persons that do not have freedom of speech, etc, and clearly providing that money is not speech.

The so-called conservative Supreme Court of the last two decades has, through it's unprecedented activism, greatly accelerated the decline of the USA.
 

Genx87

Lifer
Apr 8, 2002
41,095
513
126
Please elaborate. I get the feeling you're not brushing elbows with people who are living through tough situations on a regular basis.

The BLS shows 2.7% of the working population works for min wage or less. I was being generous. Your scenario of 2 min wage workers with 4 children is most definitely a fraction of that 2.7%.
And people making less than min wage are usually in the food service industry making tips that put them above min wage.

https://www.bls.gov/opub/reports/minimum-wage/2016/home.htm

I absolutely brush elbows with people living in tough situations.
 

ch33zw1z

Lifer
Nov 4, 2004
38,003
18,350
146
The BLS shows 2.7% of the working population works for min wage or less. I was being generous. Your scenario of 2 min wage workers with 4 children is most definitely a fraction of that 2.7%.
And people making less than min wage are usually in the food service industry making tips that put them above min wage.

https://www.bls.gov/opub/reports/minimum-wage/2016/home.htm

I absolutely brush elbows with people living in tough situations.
Great, thanks. Next time people are up in arms about increasing minimum wage, this is what I can reference. It impacts such a small percentage of the workforce that it's a non issue.
 

Ventanni

Golden Member
Jul 25, 2011
1,432
142
106
If you want to start the Second American Civil War, then try and take away people's rights to bear arms. Seriously, if you've ever been in the South, people love their guns. Even my mom, who I NEVER thought would ever own or shoot a gun, has a gun! At the same time, I think most people agree that there is a particular class of firearms that is a bit excessive. These military-like, light weight assault rifles that look cool and are easy to shoot and have larger magazines are absolutely not necessary to own, and in the hands of that one single, irresponsible weapon owner is incredibly deadly. And I've shot these kind of guns at the range. I admit, they're fun!

My line of thought is this, and it's simple. When people think of freedom, they think it means they can do whatever they want, but that's not what freedom is. Freedom is actually the right to govern myself in a responsible manner so that others don't have to. However, when people or organizations do not practice freedom, it invites other people or entities to come in and govern for you. So when you're part of the gun industry and you're alright with publications and dealers trying to sell you military-like, light weight, easy to shoot non-fully automatic assault rifles, we have to ask ourselves, "Is this really necessary?" and, "Is this really good for society?" Because the grim reality of those kinds of weapons is that they're made to kill. Kill. These are not hunting rifles. These are not rifles you carry under your car seat with a license in the glove box. These weapons stemmed from designs made for modern war, and they're advertised in a manner to capitalize on their deadliness.

I don't think the solution is to take guns away, but I do think the problem with the gun industry is that it has allowed profits to supersede common sense. When you sell weapons made to kill in the hands of that one single killer, what do you expect?

And trust me, the NRA knows exactly what it's doing by investing in school weapons training classes. It's bolstering its voting base.
 
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thraashman

Lifer
Apr 10, 2000
11,084
1,505
126
The Second Amendment doesn't need to be repealed, it just needs to be interpreted as it was written and intended to be interpreted. That's with involvement in a well-regulated militia being a condition for bearing arms.
 
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Atreus21

Lifer
Aug 21, 2007
12,007
572
126
The Second Amendment doesn't need to be repealed, it just needs to be interpreted as it was written and intended to be interpreted. That's with involvement in a well-regulated militia being a condition for bearing arms.

You should watch the video by Eugene Volokh I posted yesterday. Page 1 I think.
 

jackstar7

Lifer
Jun 26, 2009
11,679
1,944
126
What job are you working that requires 80 hours a week to afford a decent TV?
I'm going to blow your mind here and let you know I wasn't talking about myself, but rather the people out there, and the TV was a stand-in for whatever "luxury" item you want to put in its place. I will assume guns.
 

jackstar7

Lifer
Jun 26, 2009
11,679
1,944
126
I could say the same about drugs, alcohol and lots of other things. Owning scissors makes it more likely you will hurt yourself with them compared to living in a scissor free home. Anything can be dangerous if misused or when an accident happens. And, remember, 99.99%+ of all guns are never used to hurt anyone legally or illegally. Not to mention the whole 2A thing.

Can we outlaw smoking to save lives? That's far more of a negative health risk and not mentioned in the Constitution anywhere. My parents smoked in the home and in the car until I was 10, and I see the same behavior all the time. Don't you care about those kids?

I'm not trying to minimize the death of a single person from gun violence, but I disagree that banning just a few more guns or passing just a few more laws will put a dent in the problem.
Do all your arguments drift into absurdity fallacy? I'm guessing yes.

Also, side note: are you Spyder?
 
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ch33zw1z

Lifer
Nov 4, 2004
38,003
18,350
146
Sure they're allowed firearms now, unless they're underage or have committed a crime which would otherwise disqualify them. We do not specifically screen any more than we screen for any other psychiatric disorder. Someone could be diagnosed with these conditions without having actually committed any violence/crimes. So again, are we taking rights away from people who are "at risk" for committing violence? If so, what other groups are "at risk?"



Define "handle the responsibility" in granular terms. As you've mentioned, that's a fairly vague target.



An irrational fear that mental health could be used to create a second class of citizenry? I don't think so. Look at the history of institutionalization and then backlash of deinstitutionalization in our country.



Do we? Look at half the shit Ted Nugent has said in his life, has anyone taken away his guns?



Why? Just because one has either diagnosis, does not mean he or she has ever been violent. There are certainly people who do not have these diagnoses who have been violent (though perhaps not criminally?) in the past who still have rights to firearms. There are some very high functioning schizophrenics and certainly those with BPD out there that you probably don't know carry the diagnoses in your day to day interactions. Define "intensive vetting" in granular terms.



Why not? Home defense, hobby shooting, etc. For the same reasons one without the disease spectrum would. Should they lose the right because they have a medical condition? If so, at what stage? With which diagnoses? You've already said you think those with SCPT/BPD should not have access to firearms without at least "intensive vetting," but what about someone with a Parkinson spectrum disorder, something like I mentioned Lewy Body Dementia who can have some features which are common (hallucinations, prefrontal inhibition, etc.).




That's my point, it's almost impossible to create a clear delineation, so what's the point in even having the discussion?

What I'm saying, again overall, here.. is that you're oversimplifying a lot of this and it's not remotely "clear and clean" enough to write any number of laws to delineate who should and should not have firearms based on "mental health conditions" or other medical problems. It's a red herring.


It's not impossible to visit this topic and defer to people qualified to make the determinations. I'd rather see what we can do from this angle, instead of restricting guns themselves.

The idea behind the 2a is that we have the ability to defend against an overreaching government. Anyone being honest with the situation realizes we're past that point. 1/4-1/3 of Americans own guns. The guns they own are no match for military operations. So, from my perspective, since we're past the point of an armed insurrection that won't yield enormous amount of deaths, I'm all for making it more challenging for people to take it out on each other, and in recent decades inspiring fear in our children beyond measure. Eventually this will come to a head. I don't want to lose access to guns, but the next generation coming up may not care after seeing classmates murdered in front of them.

I have no intention of creating a red herring, to my understanding this is something that is meant to distract from the real problem. Since guns don't get up and fire themselves, I can safely assume humans are the variable that causes gun violence....so I'd prefer to start there.
 

Thebobo

Lifer
Jun 19, 2006
18,592
7,673
136
Sure they're allowed firearms now, unless they're underage or have committed a crime which would otherwise disqualify them. We do not specifically screen any more than we screen for any other psychiatric disorder. Someone could be diagnosed with these conditions without having actually committed any violence/crimes. So again, are we taking rights away from people who are "at risk" for committing violence? If so, what other groups are "at risk?"



Define "handle the responsibility" in granular terms. As you've mentioned, that's a fairly vague target.



An irrational fear that mental health could be used to create a second class of citizenry? I don't think so. Look at the history of institutionalization and then backlash of deinstitutionalization in our country.



Do we? Look at half the shit Ted Nugent has said in his life, has anyone taken away his guns?



Why? Just because one has either diagnosis, does not mean he or she has ever been violent. There are certainly people who do not have these diagnoses who have been violent (though perhaps not criminally?) in the past who still have rights to firearms. There are some very high functioning schizophrenics and certainly those with BPD out there that you probably don't know carry the diagnoses in your day to day interactions. Define "intensive vetting" in granular terms.



Why not? Home defense, hobby shooting, etc. For the same reasons one without the disease spectrum would. Should they lose the right because they have a medical condition? If so, at what stage? With which diagnoses? You've already said you think those with SCPT/BPD should not have access to firearms without at least "intensive vetting," but what about someone with a Parkinson spectrum disorder, something like I mentioned Lewy Body Dementia who can have some features which are common (hallucinations, prefrontal inhibition, etc.).




That's my point, it's almost impossible to create a clear delineation, so what's the point in even having the discussion?

What I'm saying, again overall, here.. is that you're oversimplifying a lot of this and it's not remotely "clear and clean" enough to write any number of laws to delineate who should and should not have firearms based on "mental health conditions" or other medical problems. It's a red herring.

Fine than ban all guns, you happy now?
 

Atreus21

Lifer
Aug 21, 2007
12,007
572
126
What troubles me is that, if the goal is to truly halt mass shootings, our only real recourse may be to become the UK. Repeal the 2nd amendment and collect all the guns.

If the root of the problem is the sheer prevalence of guns in the US, as I think fskimospy would argue, then what good is it restricting the type of firearm? I suppose you might ban anything semi-automatic, but then you're left with two problems: (1) with the 2nd amendment still in place that's not likely to happen, and (2) killers may still resort to single-shot lethal weapons such as pump shotguns, as occurred in the Washington Navy Yard shooting.

Another question is, at what point are guns considered controlled enough? If we do everything the Parkland students want, and two weeks later a school shooting occurs using two handguns, is it likely that the narrative will be that guns are sufficiently controlled and no further restrictions are needed?

My point is that there doesn't seem to be any principle here. The difference between a lesser version of gun control and a severe version is simply that there haven't been enough mass shootings to emotionally move people to the extremes.
 
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jackstar7

Lifer
Jun 26, 2009
11,679
1,944
126
What troubles me is that, if the goal is to truly halt mass shootings, our only real recourse may be to become the UK. Repeal the 2nd amendment and collect all the guns.

If the root of the problem is the sheer prevalence of guns in the US, as I think fskimospy would argue, then what good is it restricting the type of firearm? I suppose you might ban anything semi-automatic, but then you're left with two problems: (1) with the 2nd amendment still in place that's not likely to happen, and (2) killers may still resort to single-shot lethal weapons such as pump shotguns, as occurred in the Washington Navy Yard shooting.

Another question is, at what point are guns considered controlled enough? If we do everything the Parkland students want, and two weeks later a school shooting occurs using two handguns, is it likely that the narrative will be that guns are sufficiently controlled and no further restrictions are needed?

My point is that there doesn't seem to be any principle here. The difference between a lesser version of gun control and a severe version is simply that there haven't been enough mass shootings to emotionally move people to the extremes.
How many mass shootings are tolerable? Does it reach an intolerable number where it becomes "rational" (since we don't want to be moved by emotions, heavens no) to repeal 2A?
 

Bird222

Diamond Member
Jun 7, 2004
3,651
132
106
Early SCOTUS cases can be easily (and I think rightly so) interpreted to allow for broader gun rights. In one case about the right to have a sawed-off shotgun the SCOTUS used a test (wrongly so IMO) that said your gun rights were restricted to guns/arms that were commonly used by the military and that sawed off shotguns were not used by the military. I.e., machine guns would have been OK (they were only outlawed later and I don't know, or can't remember, that anybody contested it).

(I saw they erred in that test because the military did, in fact, used shotguns with a short barrel.)


Edit: I think that recent SCOTUS cases have narrowed our gun rights, contrary to your assertion. IIRC, Heller went contrary to the early case and basically said we have no rights to military grade weapons.

Fern

Can you quote/link to this?
 

Atreus21

Lifer
Aug 21, 2007
12,007
572
126
How many mass shootings are tolerable? Does it reach an intolerable number where it becomes "rational" (since we don't want to be moved by emotions, heavens no) to repeal 2A?

Exactly. That is the question. If there were a mass shooting every day, would you (not you specifically) say that the right to bear arms shall not be infringed?

That's a tough one for me. If the populace is so unruly, if civilians become so uncivilized, that they can't be trusted with liberty and responsibility, then you undermine the presuppositions of many rights.
 

Bird222

Diamond Member
Jun 7, 2004
3,651
132
106
No.

However, I do think there should be universal background checks even for private sales, there should be universal mandatory waiting period of 3-7 days, and I do think firearms sales should be restricted to 21+ years old. It is infuriating that NRA/GOP not only opposes these proposals, but chooses to openly attack gun violence victims instead.
So constitutional rights don't apply to legal adults 18-20?
 

Bird222

Diamond Member
Jun 7, 2004
3,651
132
106
Pretty sure when they wrote the Amendment there were no repeaters, no automatics, etc. There were only flintlocks and whatnot. Yet today anything that discharges a projectile and can be operated by one person is called a firearm, except for the very firearms that were intended to be protected by the Second Amendment when it was written.

If you wish to expand the meaning of the Second Amendment to include any weapon that someone can hold and discharge a projectile you are constantly expanding and changing the meaning to reflect the time.

If you can change the meaning that way than you should be able change the meaning of the Amendment in other ways as well.

I'm sure there was no texting or email when the 1st Amendment was written.
 

Bird222

Diamond Member
Jun 7, 2004
3,651
132
106
Repeal it. Owning a specific weapon is a privilege not a right.

You have a natural right to self defense. You don't have a natural right to use whatever weapon you want.
So, who should decide what weapon I use for self-defense?
 

WelshBloke

Lifer
Jan 12, 2005
30,989
8,701
136
Is this one of those all or nothing threads? You're either for grabbing all the guns or we shouldn't do anything?
 

Veliko

Diamond Member
Feb 16, 2011
3,597
127
106
What troubles me is that, if the goal is to truly halt mass shootings, our only real recourse may be to become the UK. Repeal the 2nd amendment and collect all the guns.

If the root of the problem is the sheer prevalence of guns in the US, as I think fskimospy would argue, then what good is it restricting the type of firearm? I suppose you might ban anything semi-automatic, but then you're left with two problems: (1) with the 2nd amendment still in place that's not likely to happen, and (2) killers may still resort to single-shot lethal weapons such as pump shotguns, as occurred in the Washington Navy Yard shooting.

Another question is, at what point are guns considered controlled enough? If we do everything the Parkland students want, and two weeks later a school shooting occurs using two handguns, is it likely that the narrative will be that guns are sufficiently controlled and no further restrictions are needed?

My point is that there doesn't seem to be any principle here. The difference between a lesser version of gun control and a severe version is simply that there haven't been enough mass shootings to emotionally move people to the extremes.

The overriding principle is a very simple one that is well-understood across the rest of the developed world:

To reduce the number of mass shootings and gun violence in general.
 
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