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Assault weapons ban back in play; Feinstein tries to get reluctant Congress ...
San Francisco Chronicle ^ | Feb 9, 2004 | by Edward Epstein

Posted on 02/09/2004 9:03:09 AM PST by Lazamataz

Edited on 04/13/2004 2:45:44 AM PDT by Jim Robinson. [history]

Washington -- Gun control hasn't emerged as a leading issue in the 2004 presidential race, but that is likely to change as Democratic California Sen. Dianne Feinstein intensifies her effort to win renewal of the decade-old assault weapons ban, which expires in September.


(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News
KEYWORDS: bang; banglist
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To: justshutupandtakeit
"It means something different now than what it did in 1787. "

But the question is --- what do you say "the people" means in the Second Amendment and the other noted parts of the Constitution.

401 posted on 02/10/2004 5:19:15 PM PST by gatex
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To: Travis McGee
“Quemadmoeum gladius neminem occidit, occidentis telum est.”

( “A sword is never a killer, it’s a tool in the killer’s hand.”)

402 posted on 02/10/2004 5:24:31 PM PST by Mikey
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To: looscnnn
"There is no confrontation of the Islamaniacs through the second amendment. There is no confrontation of any of our enemies through it."

Oh yeah? If a few of "the people" whose right to bear arms had not been infringed by the FAA (a part of the federal government), had been on those airplanes on 9-11, the World Trade Center would still be standing, but there would be 19 dead or severly wounded Islamaniacs, and maybe just as many dead passengers and crew, but only because those armed members of the group known as "the people" might not have acted in time to save the aircraft, but they would have saved those in the towers and in the Pentagon. A few armed members of the militia around key infrastructure would go a long way to protecting it as well.

403 posted on 02/10/2004 5:30:09 PM PST by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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To: mrsmith
Interesting read. I think John Marshall was wrong, because of Article VI, but very interesting. Thanks.
404 posted on 02/10/2004 5:35:44 PM PST by Double Tap
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To: justshutupandtakeit
Caliber, my friend.
405 posted on 02/10/2004 5:46:51 PM PST by ought-six
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To: Travis McGee
"Laws that forbid the carrying of arms disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted, and better for the assailants. They serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man ."
Thomas Jefferson

"All laws which are repugnant to the Constitution are null and void"
Marbury vs Madison, 5 US (2Cranch)137,174,176, 1803


406 posted on 02/10/2004 5:54:51 PM PST by Mikey
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To: All
The Ten Commandments of Gun Hating

1. Believe everything you see, read and hear in the media. The media would never report anything false or incorrect -- Dewey really did defeat Truman. Also, the movies and television portray typical life in America.

2. Hate all forms of hunting. Killing an animal for food is one of the most barbaric and bloodthirsty things around. Hunting isn't necessary. That's what we have supermarkets for. Remember, YOU know much more about how animals live in the forest than the people who have actually been there because you watched the Nature Channel (see #1).

3. Guns cause crime. The mere possession of a gun will give a person the feeling of absolute power and the desire to go out and kill people. It's true. Remember, the media told you that guns cause crime. (see #1)

4. Ugly guns are evil guns. The media reported that Sen. Feinstein of California says that ugly guns can kill an entire room full of politicians with only three bullets! It must be true (see #1). Ugly names are also bad. Black Talon has got to be more vicious than a "Safety Slug."

5. Gun Control Works! Ignore the facts and continue to say it. Eventually you will convince yourself it is true. Besides, 95% of the time the media says it works (see #1). It must be true.

6. Assume everyone is like you. You know that if you had a gun, you might someday want to shoot your spouse in a fit of anger. Therefore everyone would probably shoot their spouses during an argument if they had a gun.

7. Be squeamish about everything. People who shoot criminals are KILLING them! It's okay to defend yourself with nerf bats, lemon juice and a noise maker, because those things don't hurt other human beings (the criminals). If you shoot them you have a mess -- blood, guts and all kinds of yucky stuff around (Eeack!!). It is better to die than kill a criminal and have than on your conscience for the rest of your life!!

8. All you need is "911". The police will always be there. If you are attacked at home, just call the police and they will be there in an instant as you put down the receiver. They know exactly where you live and are right around the corner, just like in the movies and TV (see #1). If you are attacked in public, don't worry. The police have ESP and will be right there.

9. Try to be as ignorant as possible about guns. Ignorance really is bliss. People naturally fear anything they don't understand. Don't worry, be blissful.

10. Spread as much 'disinformation' as possible. By spreading lies, rumors, misinformation and other falsehoods, you keep the general public confused, misinformed and ignorant as to the truths of gun ownership (see #9). The media does this all the time so it must be the right thing to do (see #1).

Based on the "Ten Commandments of Gun Hating" in the June 1997 RIGHTS newsletter.

407 posted on 02/10/2004 5:56:30 PM PST by Mikey
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To: Travis McGee
I'm a little bummed here, I chucked the registration package since my friends couldn't make it...I could have come over for the day...maybe I'll catch up to you next year with your latest novel...
408 posted on 02/10/2004 5:56:58 PM PST by in the Arena (1st Lt. James W. Herrick, Jr., - MIA - Laos - 27 October 69 "Fire Fly 33")
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To: Double Tap
If you have a different understanding of Article 6 than Marshall and the rest of the Founders, then you would of course have a different understanding of the Bill of Rights than they did.

But leaving aside that there is no historical basis for thinking the Second applied to the states why do you even want to? There must be a reason for this passion and I'm frustrated that I can't see it.

409 posted on 02/10/2004 6:03:17 PM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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To: mrsmith
I don't see how there can be any other interpretatin of Article VI, other than that the Constitution is the law of the land.

So you believe that the founders of this nation went through all the trouble of ratifying the Constitution and the Bill of Rights, but what the heck, lets let the states do whatever the hell they want??? If the Second was supposed to stop the infringement of a inalienable by Fed. Gov., why would it not be an inalienable right of the people as far as states are concerned also?

Maybe I don't understand your question. Why we have such passion about the Second Amendment applying to the states? Because it was supposed to serve as a restraint on government.

410 posted on 02/10/2004 6:18:39 PM PST by Double Tap
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To: Double Tap
interpretatin = interpretation

I really butchered that one.

411 posted on 02/10/2004 6:21:12 PM PST by Double Tap
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To: Double Tap
A snippet of a speech Marshall and Madison heard from Patrick Henry at the Virginia Ratification Convention helps to understand how our Founders saw the Bill Of Rights:

"If you give up these powers, without a bill of rights, you will exhibit the most absurd thing to mankind that ever the world saw — government that has abandoned all its powers — the powers of direct taxation, the sword, and the purse. You have disposed of them to Congress, without a bill of rights — without check, limitation, or control.
And still you have checks and guards; still you keep barriers — pointed where? Pointed against your weakened, prostrated, enervated state government!
You have a bill of rights to defend you against the state government, which is bereaved of all power, and yet you have none against Congress, though in full and exclusive possession of all power!
You arm yourselves against the weak and defenceless, and expose yourselves naked to the armed and powerful. Is not this a conduct of unexampled absurdity?
What barriers have you to oppose to this most strong, energetic government? To that government you have nothing to oppose. All your defence is given up. This is a real, actual defect. It must strike the mind of every gentleman. "

The states had their own traditions and Bills of Rights, it was never the intention of the Founders to limit state governments with the Constitution except where power had to be given to the new government for it to function effectively.

My question is of this desire to see the Constitution differently from how the Founders did. RKBA people are in general supporters of the intent of the Founders and there just isn't ANY evidence that they intended the central government to have this power over the states.

412 posted on 02/10/2004 6:29:30 PM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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To: Double Tap
"why would it not be an inalienable right of the people as far as states are concerned also?"

Until the 14th, application of the Bill of Rights to the States and their locals was not law, nor was it thought to be appropriate. That means Article VI applied only to laws established by Congress according to the Constitution. Just as the founders saw the prospect of the feds violating States rights, the feds saw the prospect and reality of the States violating the people's rights. Those rights are enumerated in the Bill of Rights, in other founding docs, and protected under the Constitutional duty the feds have to ensure both representative govm't and rights protection.

413 posted on 02/10/2004 6:30:00 PM PST by spunkets
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To: spunkets
...reality of the States violating the people's rights.

The reason for the 14th.

414 posted on 02/10/2004 6:33:27 PM PST by spunkets
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To: mrsmith
I have to disagree. The founders of this nation thought enough of INDIVIDUAL, INALIENABLE rights to enumerate them in a Bill of Rights.

Tell me this. Do you believe that the founders of this nation believed in inalienable rights?

415 posted on 02/10/2004 6:40:00 PM PST by Double Tap
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To: spunkets
I think that you are saying that the 14th made the Fed. Gov do what it should have been doing all along? If so, I agree. If not, please explain.

It was a long, hard day at work, so be gentle.

416 posted on 02/10/2004 6:48:41 PM PST by Double Tap
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To: Double Tap
"I think that you are saying that the 14th made the Fed. Gov do what it should have been doing all along?"

That's right. In the beginning the States were thought to be the guarantors and protectors of Freedom and rights.

They were a bit shortsighted in other areas too. Especially their failure to protect against the establishment of redistribution schemes created by politicians to gain power.

417 posted on 02/10/2004 6:54:37 PM PST by spunkets
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To: spunkets
That's right. In the beginning the States were thought to be the guarantors and protectors of Freedom and rights.

They were a bit shortsighted in other areas too. Especially their failure to protect against the establishment of redistribution schemes created by politicians to gain power.

WOW! Someone I agree with totally. That is a real novelty lately.

On that note, I quit.

For tonight anyway.

418 posted on 02/10/2004 7:01:15 PM PST by Double Tap
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To: Double Tap
Of course, they even wrote the Bill of Rights to expressly protect those they agreed upon as important from the new government they created. Just as they had protected them in several states with Bills of Rights. Even in states without Bills of Rights they were protected by tradition and the common law.

There is no historical evidence that the Bill of Rights applied to the states. There is good historical evidence that it applied only to the federal government.

I'm not saying that your's is an unreasonable interpretation- just that it is not the interpretation that was held when the Constitution and Bill of Rights was ratified and put in operation.
As I said, I just don't understand why people want to believe otherwise.
Apparently it is merely the desire to read the most rights into the Constitution. I think the most rights can be had by being faithful to the Constitution as it was understood by the Founders. A living Constitution is too easy to abuse- no matter how well meaning one may be.

419 posted on 02/10/2004 7:08:48 PM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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To: justshutupandtakeit
"Even during the Revolutionary War the failures of militias were obvious (except against Indians.) Washington was driven to distraction by their unreliability, ineffectiveness and tendency to run like rabbits when the fighting started. That is why he created the Continental army. Today a militia would be even worse."

Ummmm...no. A great many of America's armed citizens today(i.e., the militia) are veterans or America's armed forces. That was certainly not the case with the average citizen in 1776. Thus, thre is a huge "army" of armed and trained citizens.
420 posted on 02/10/2004 7:09:25 PM PST by ought-six
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