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Comments on: Why I Don’t Belong To The NRA https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/ On-line Opinion Magazine...OK, it's a blog Tue, 08 May 2007 22:39:48 +0000 hourly 1 https://wordpress.org/?v=6.4.3 By: Snowflakes in Hell » Similar to Voting? https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/comment-page-1/#comment-26132 Tue, 08 May 2007 22:39:48 +0000 http://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/#comment-26132 […] I stumbled across an post over at another blog discussing why the editor doesn’t belong to the NRA.  In the discussion in the comment, a subject came up that I’ve heard many times in regards to defending restraints on rights: You have the right to vote, but you still have to register and prove you have the right to vote in a particular area. […]

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By: Bryan https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/comment-page-1/#comment-26128 Tue, 08 May 2007 16:32:30 +0000 http://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/#comment-26128 You obviously have not bothered to study the law in any meaningful way, Sebastian, and if you are ever in conflict with authority keep your mouth shut and get an attorney. I spent ten years in law enforcement and was required to study and understand the laws I enforced.

Common law has no relevance to any argument in the Federal system and it is not even relevant in several states which have legal systems based on other models, like the Code Napoleon in Louisiana, and the odd mixture of several systems in Florida.

There is no fundamental right of self defense. That is a justification for the use of force that is recognized in fundamentally different ways depending on the jurisdiction involved.

You need to read some history of the United States and the legal system before you can effectively argue your case. You are lacking in multiple basic facts and short summaries found on the Internet are not going to make up for that lack, and I have no interest in tutoring you.

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By: Sebastian https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/comment-page-1/#comment-26123 Tue, 08 May 2007 12:52:45 +0000 http://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/#comment-26123 The second amendment supports one’s fundamental right to self-defense, and is an enumerated right. Voting is actually not considered a right under common law, or in US constitutional law, which is why the constitution has five amendments that specifically limit how states may restrict voting. If it was a right, the way we think of speech, assembly, religion, self-incrimination, what have you, no amendment would be required to limit state powers in this regard except for the fourteenth amendment.

In other areas of constitutional law involving rights, prior restraints on exercising those rights are generally regarded as invalid, and the courts place the severest burden on the state in these types of cases. This law would be a prior restraint, with no due process protections. You are, in effect, severely limiting one’s right to self-defense, or at least to have access to tools that are useful for that purpose. It’s a presumption of guilt. It’s the citizens burden to prove otherwise that he is not guilty. It’s a complete mockery of our constitutional system to do something like this.

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By: Bryan https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/comment-page-1/#comment-26109 Tue, 08 May 2007 04:44:02 +0000 http://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/#comment-26109 Excuse me, but the bill includes a process for challenging the decision if you feel your rights have been infringed. You can, of course, always go to court if you are dissatisfied the administrative process.

This affects the “instant background check,” not your right to own a weapon.

You have the right to vote, but you still have to register and prove you have the right to vote in a particular area.

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By: Sebastian https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/comment-page-1/#comment-26107 Tue, 08 May 2007 03:56:37 +0000 http://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/#comment-26107 The problem is, if you accept that owning a firearm is a right, then you can’t legally take it away without due process of law. That doesn’t mean you get presumed guilty, and you have to prove yourself innocent in court, which is what you’re dealing with in regards to this law. Where’s the due process required by the constitution? We don’t deprive suspects of constitutional rights, we keep an eye on them.

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By: Bryan https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/comment-page-1/#comment-26083 Mon, 07 May 2007 04:06:20 +0000 http://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/#comment-26083 Better than 90% of the time the victim and the perp know each other when you find a dead body, which is why serial killings and things like Virginia Tech are so hard to figure out – cops are looking for a connection where none really exists.

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By: Scorpio https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/comment-page-1/#comment-26080 Mon, 07 May 2007 03:51:13 +0000 http://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/#comment-26080 Actually, the largest number of murders happen to intimates, not to strangers. Even armed robbers, as a general rule, aren’t as deadly as ticked off boyfriends.

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By: Bryan https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/comment-page-1/#comment-26060 Sun, 06 May 2007 14:22:20 +0000 http://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/#comment-26060 Living just east of Pensacola where there were three murders, and just south of one of the Alabama counties where they arrested the latest set of whackos, I have a neighborly concern for this kind of thing.

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By: Scorpio https://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/comment-page-1/#comment-26054 Sun, 06 May 2007 05:47:52 +0000 http://whynow.dumka.us/2007/05/05/why-i-dont-belong-to-the-nra/#comment-26054 You know, the are not going to put winger crypto-facist clinic bombers of their list. They put Democrats and protesters, and conscientious objectors on terrorist lists, but not the kind of guys who are really likely to do something terroristic.

This is because they are whiny-assed crybabies who suspect that their opponents are as vicious as they are in intent.

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