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Second Amendment subject to REASONABLE RESTRICTIONS - Giuliani
Fox News ^ | March 12, 2007 | Brit Hume video

Posted on 03/12/2007 10:10:00 PM PDT by anonsquared

Everyone needs to see the video clip of Giuliani that Brit Hume aired today.

Go to http://www.foxnews.com/specialreport/ and scroll down to Race for 08 and click on the picture of Rudy to pull up the video player. Then you'll have to click on the video called Rallying for Rudy. It starts with Vitter endorsing him but keep watching for Rudy.

Asked if he would veto any bill impinging the 2nd amendment - he refused to say without first seeing the legislation.

Then the money quote...

"THERE'S A RIGHT TO BEAR ARMS. THAT IS A PERSONAL RIGHT. THERE CAN BE REASONABLE RESTRICTIONS."

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


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: banglist; giuliani; gungrabber; hangontoyourammo; molonlabe; rino; rudy; rudy2008
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To: AZRepublican
I've yet to see any convincing evidence that the 2nd is a personal right conferred to individuals.

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.

If the 2nd didn't confer rights to individuals but to the state it would be read thusly.

A well regulated militia, being necessary to the security of a free state, the right of the state to keep and bear arms, shall not be infringed.

The 1st amendment reads:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Is there any doubt that freedom of speech applies to the individual? Or does it apply soley to the state?

The 4th amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Are individuals implied here? Or the state?

When the amendment says state it means state. When it says people it means people.

The only time "the people" implies the state, is in a communist or socialist society. That wasn't the politics of the US in the late 1700's.

The All-American Gun In colonial times, as Cramer argues, people didn’t own guns just for hunting. Numerous laws mandated that people have guns for personal defense and defense of the community, at home, while traveling and even in church.

Heads of households, whether men or women, were required to have a gun at home and fines of up to a month’s wages were imposed on those who failed to meet this requirement.

In some states such as Maryland, fines were paid directly to inspectors so that authorities had a strong incentive to check. The only people exempt from these rules were Quakers...

41 posted on 03/12/2007 10:46:36 PM PDT by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: anonsquared

The moron's reasonable restrictions included not allowing NYC folks to renew the handgun permits. Giuliani can take a flying leap into the grand canyon.


42 posted on 03/12/2007 10:48:43 PM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: AZRepublican

"I've yet to see any convincing evidence that the 2nd is a personal right conferred to individuals."

That is precisely what the ruling was recently by the DC court three judge panel.

Not to mention over 200 years of precedent.

The issue is: what are reasonable restrictions?


43 posted on 03/12/2007 10:50:37 PM PDT by truth_seeker
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To: Greystoke

Good point!


44 posted on 03/12/2007 10:55:19 PM PDT by Anti-Bubba182
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To: anonsquared
re: I'd say we've reached that point

Take a moment and read through the complaints the founders had with England that lead to the Declaration of Independence! Many of them are the very same things we face today.

The average family today spends about 50 percent of what it earns to pay taxes. Granted, the highest income tax rate isn't that high, but when you include taxes at every level from the special taxing districts to cities to the feds the total going for taxes now is close to half, more in some areas.

The individual citizen has little control over what's done in Washington. You elect a person based on what they promise to do and once they are in office you no assurance they will keep their promise.

The method by which the Congress, especially the Senate, makes laws is so convoluted and confusing that it bears hardly any resemblance to how laws were passed two hundred years ago. Senate rules are piled on top of Senate rules and you end up with situations that the founders never intended, like 60 votes to confirm a Supreme Court justice. Or earmarks that cost amount to nothing more than Congress spending billions and billions of OUR money to buy OUR votes for the incumbent.

How about the fact that the wording of the 1st Amendment "CONGRESS shall make no law" being bastardized to the point the courts tell us that means even private organizations like the Boy Scouts? Or that cities must remove crosses from their official seals?

I would say we have reached the point where the federal government is as oppressive as the one we overthrew in 1776.
45 posted on 03/12/2007 10:56:10 PM PDT by jwparkerjr
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To: AZRepublican

And you'll never admit that the right to keep and bear arms is an "individual right", will you? read the Constitution, leftie.


46 posted on 03/12/2007 10:56:17 PM PDT by ozzymandus
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To: staytrue
When the 2nd amendment was written, I doubt the founding fathers had WMD (which are arms), tanks, machine guns, hand grenades, etc. in mind.

If by arms, the writers meant single shot musket and maybe rifles, I think everyone is on board with that. I don't think you should be able to keep a nuke in your house and even a hand grenade or RPG is out of bounds.

When the 2nd amendment was written, the United States had recently finished the Revolutionary War. The people had revolted against a tyranical government. The idea was that the people would have arms to ward off an invading country or overthrow a tyranical one.

You don't do that limiting the types of arms you have.

47 posted on 03/12/2007 10:58:31 PM PDT by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: anonsquared

Where do Hillary, Obama, and Edwards stand on the RTKBA?


48 posted on 03/12/2007 11:01:25 PM PDT by Cincinna (HILLARY & HER HINO "We are going to take things away from you for the Common Good")
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To: staytrue
staytrue said: "When the 2nd amendment was written, I doubt the founding fathers had WMD (which are arms), tanks, machine guns, hand grenades, etc. in mind. "

Nonsense.

Our Founders were rebels operating completely outside the laws which governed the colonies at the time.

They took cannons by force of arms from their own government's Fort Ticonderoga, hauled them through a snowy countryside, and arranged them on the heights surrounding Boston. They threatened their own government's navy with destruction if the government didn't evacuate the troops occupying Boston since shortly after the Boston Tea Party.

This was several months PRIOR to the creation of the Declaration of Independence. The clear intention of the Second Amendment is to prohibit the monopoly on power which the government had at the outbreak of the American Revolution.

49 posted on 03/12/2007 11:03:54 PM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: anonsquared
"Reasonable" "common sense" laws are all the Brady campaign has been calling for from day one.

Of course, what they consider "reasonable" and "common sense" includes the banning of, outrageous taxation of, or storage requirements which would render firearms useless, to just name a few.

When people start whipping out vague words like "reasonable" restrictions on an absolute and unalienable right, they are to be scrutinized at a minimum, and seldom trusted.

50 posted on 03/12/2007 11:04:27 PM PDT by Smokin' Joe (How often God must weep at humans' folly.)
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To: ozzymandus
Oh on the contrary, I do have the right, and it is a very secured right found under the AZ Constitution, right where it belongs. The US Constitution never dealt with rights of the people, else why are there State Constitutions? Right moron?
51 posted on 03/12/2007 11:08:02 PM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: Zeroisanumber
From a public safety standpoint, I just can't justify private ownership of anything too big. Traffic is crazy enough around here without some idiot mounting a recoilless rifle on his truck.

To play devils advocate for a moment.

With your line of thinking, you must be a proponent of assault weapon bans, or an opponent of conceal and carry. The thinking that just because people have these weapons that there will be mass killings in the street, simply because someone was slightly annoyed by another person.

So following your logic that from a public safety standpoint people shouldn't be allowed recoilless rifles. To continue with that line of thinking "assault weapons" should be banned, and conceal and carry should be repealed. For the public safety of course. Why? Because ordinary citizens wouldn't know how to handle such weapons, or have the discipline or knowledge for appropriate use of said weapons.

52 posted on 03/12/2007 11:09:31 PM PDT by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: stockstrader

Excellent point!


53 posted on 03/12/2007 11:09:48 PM PDT by jwparkerjr
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To: truth_seeker

> Not to mention over 200 years of precedent.

Nearly as I can tell, 200 years of precedent only points to the second as a limitation upon the power of Congress.


54 posted on 03/12/2007 11:10:41 PM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: mountn man

Militias are made up of the body of people of a state, that is who the "people" the second referes to, not people in an ordinary sense.


55 posted on 03/12/2007 11:13:29 PM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: FreedomCalls
If Ronald Reagan was not a conservative, under your standards, just who is a conservative?

Duncan Hunter who is running and Fred Thompson who hasn't thown his hat in the ring YET.

56 posted on 03/12/2007 11:14:08 PM PDT by taxesareforever (Never forget Matt Maupin)
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To: FreedomCalls

Gee, a 7 day waiting period. I guess that won't be enough for Rudy though since he believes there should be REASONABLE restrictions. In layman speak, that would be control of firearms.

Like I said, so long Rudy, you are in it just for the money now. Bye bye.


57 posted on 03/12/2007 11:17:19 PM PDT by taxesareforever (Never forget Matt Maupin)
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To: Cincinna

They stand in the same place as Rooty.


58 posted on 03/12/2007 11:17:57 PM PDT by Hatband
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Comment #59 Removed by Moderator

To: AZRepublican

Yeah, call me names, douchebag. That'll prove your point. "The Constitution never dealt with the rights of the people"?? Open a window. The fumes from your meth lab are killing your brain.


60 posted on 03/12/2007 11:22:38 PM PDT by ozzymandus
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