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HWN1011
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Post by HWN1011 »

TraLfaz wrote:
We obviously don't have the right to bear arms to protect ourselves like you guys in the US do and to be honest I am glad about that. This might cause a few of you from the US to jump up and down but do you not think this right to bear arm for protection is out dated now and should be looked at??
I think that it's great that different countries can have different laws. I personally don't see the reason for driving on the wrong side of the road like you do in the UK and you don't agree with our gun laws. I am not trying to push our driving laws onto you and you shouldn't try pushing your gun laws onto us.

Take care
I agree it's crazy why UK, Australia, New Zealand, Japan etc drive on the left and other countries drive on the right but it's too late to change that now. Interesting that you say the wrong side of the road.
Don't think I was pushing anything on you just wanted to understand. Apologies if I upset you was not my intention. I just feel the world has changed and was interested on people thoughts with this being a sports shooting site.
Bowman26
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Post by Bowman26 »

There is no such thing as a Right you have to ask permission for. Do you have to ask to speak? Do you have to let police in your home without a warrant? No you do not.
Erud
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Post by Erud »

RandomShotz wrote:Well, Erud, if you can figure some way to use a gun to defend yourself from the NSA hoovering up everyone's online information I'd like to hear about it. And if you think that allowing every felon and nutjob free, unfettered and unmonitored access to guns is a reasonable price to pay to avoid the slippery slope to gun control, we'll just have to agree to disagree.

I swore to myself I would not get into this, but here goes. The right to raise an armed revolt against a government was set forth in the Declaration of Independence. The Constitution does not guarantee such a right. The right to "keep and bear arms" was specifically noted in the context of a "well regulated militia", although in a recent Supreme Court ruling some of the strict constructionists used some seriously tortured linguistics to decide that the drafters of the Constitution really meant that whole bit about "militia" as merely a suggestion of one of the possible uses of that right.

But as I noted before, if you think that having a gun will protect you from governmental overreach, you have not been paying attention. The government has much, much bigger weapons at its disposal if it ever comes to a shootout. However, as long as the Congress does silly, destructive things like pass the "Patriot Act" in a fit of panic and chest-thumping, the Government won't need guns to take away our freedom. It can monitor and control all of the information coming in and going out of our lives which is tantamount to thought control as effective as anything envisioned by George Orwell. It can even safely encourage us to cling to the delusion that having a gun makes us free.

Roger
You are clearly not a big fan of the American experiment. It's important to keep historical context in mind when discussing the founding documents. The founders had just completed an armed revolution against a tyrannical government themselves. With this in mind, it's hard to imagine that they only thought it right for the government to keep and bear arms. Who do you suppose the "well-regulated militia" was that they referred to, and what was it for? There is also the issue of a person's inherent right to self protection from other threats, not just their own government. Do you believe that government permission should be necessary for that?

You mention abuses by the Patriot Act and the NSA. Do you also support re-evaluation and limitation of your 4th amendment rights, since we can't realistically defend ourselves from these intrusions anyways? Which other rights will you give up just because you aren't really using them?
honeybadger (forgot pwd)

Post by honeybadger (forgot pwd) »

HWN1011 wrote: We obviously don't have the right to bear arms to protect ourselves like you guys in the US do and to be honest I am glad about that. ...do you not think this right to bear arm for protection is out dated now and should be looked at??
Ok, so I'm going to go all intellectual on this one. Also, I am going to stick to HWN1011's question, which refers to the right to bear arms in order to defend one's self against another person, and not address the question of the need of the citizens to keep arms as a check on Leviathan itself, though of course the Second Amendment is also concerned with this (and more).

The right to bear arms for protection is certainly ancient, and for that reason it should be deeply respected. It should also be looked at, and taught, that we can remember why it is so important.

The argument for surrendering this right goes back to Hobbes, who laid the foundations for modern political thought. Hobbes noticed that when the state was weak, men live instead in a state of nature in which life is nasty, cold, brutish, and short; and "there can be no security to any man, how strong or wise soever he be"

This is why we create the State, and give the State the monopoly on the legitimate use of force. The State is a natural consequence of the first natural law (that without an outside, restraining force, we MUST live in a state of perpetual war against all).

"From this fundamental law of nature, .... is derived this second law: that a man be willing, when others are so too, as far forth as for peace and defence of himself he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men as he would allow other men against himself."

But note the "when others are so too." Hobbes continues: "But if other men will not lay down their right, then there is no reason for anyone to divest himself of his: for that were to expose himself to prey, which no man is bound to."

http://ebooks.adelaide.edu.au/h/hobbes/ ... ter14.html

You can look at it another way, the question of who ultimately has responsibility. If you leave your wallet or purse unattended on a park bench, and someone takes it, your insurance company has no duty to reimburse you for your loss. You are responsible for making an effort to protect it.

Likewise, theft. Or more specifically, burglary. If you leave the front door to my house open and go away, and someone enters and takes your stuff, this is NOT burglary: "entry without breaking is not sufficient for common law burglary." http://en.wikipedia.org/wiki/Burglary


How much more so your life? You wish to ask the State to defend something which you are not willing to defend yourself? You want a cop, a guy making a decent but not great wage, to risk his life to save yours, but you aren't willing to put any effort into it yourself?

One could argue that you have not only the right, but a positive DUTY to be prepared to defend yourself against violence. That doesn't have to mean carrying a gun, but a gun makes a powerful deterrent.

Any reason you can think of why the UN Office on Drugs and Crime found that buglary, robbery, and rape rates are so much higher in the UK than in the US?

And here you counter-argue that the US has a much high rate of gun homicide-- but when you dig into the CDC statistics, you find that near 50% of these vicitms are blacks-- yes, in our ghettos, men live in a state of nature, because they KNOW that the police won't protect them. And their lives are nasty, brutish, and short. Get out of those areas, though, discount those deaths, and US firearm homicide rates are not out of line with European rates.


My username is honeybadger. I'm posting as a guest because I'm away from my usual computer and don't have my password.
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RandomShotz
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Post by RandomShotz »

Well, if by "fan" you mean uncritical booster, no I'm not. However, I work with many foreigners and know enough history and pay enough attention to politics to appreciate this country for it's unique position and promise to humanity.

The "well regulated militia" is something that I have not explored extensively. It is a matter of such great contention that it would take quite some study to ascertain who is telling the truth and who is blowing smoke, and there certainly is a lot of smoke being blown. My understanding is that "militia" refers to a substitute for a standing army. Every able-bodied man would be expected to answer the call to defend the country and return to his farm or shop when it was over. It was not intended to be an armed counterweight to the coercive power of the state. That the Founding Fathers found it necessary to use coercive force in dealing with such as Shay's Rebellion and the Whiskey Rebellion shows pretty clearly how they felt about citizens acting to defy the government. The Declaration of Independence was produced to make clear to the world that for a people to act to throw off their legitimate government was an extreme measure to be undertaken only under the most dire circumstances; the option for violent overthrow of the government was not included in the Constitution for a reason.

Regarding your other point, the right of self-defense is unarguably a basic human right. In my opinion, it is not well served by simply possessing a firearm. Defense is necessarily a reaction - the bad guy always has the first move - and a gun is of little use without training and practice. Now, I regularly shoot at the range at Bud's Gun Shop and Bud's offers classes in self defense. I can see that the number of people taking the self defense classes is much smaller than the number buying guns supposedly for self defense. I say "supposedly" because having a firearm for defense without the training is like having a car without learning to drive - it might get you were you want to go or it might end very badly. Still, they have the right to purchase firearms.

You are right to say that there is no way I can protect myself from violations of my Fourth Amendment rights. Unless I am willing to shoot it out with the cops if they try to serve a search warrant I disagree with, a gun won't help (and would be a really, really bad idea anyway). That is why I must depend on the institutions of government to protect them for me. It is the balance between the Executive and the Judiciary that forms the protection of the right against unlawful search and seizure and that is why something like the Patriot Act is so dangerous. It is a transgression of rights with no or severely limited right of judicial review.

However, the original question was about background checks. The people who buy guns at Bud's undergo background checks. I have to show my Concealed Carry permit when I buy guns or pick up guns shipped to me there. I don't have a problem with that and don't see why I should.

I have a problem with what I've seen at, for example, Mt Sterling Court Day (http://www.mtsterlingcourtdays.com/). People walk around with guns over their shoulders and in their pockets and sell them or trade them, cash on the barrelhead. If I were legally barred from owning a firearm because of a felony arrest, a history of domestic violence, a restraining order or a stint in a mental hospital, I could still go to Court Day and buy a modern military style weapon with high cap magazines and as much ammo as I can carry from a person I've never met, who wouldn't know me from Adam and who has absolutely no legal responsibility to ask who I am or determine whether or not I am legally entitled to own a gun.

So as not to get too far afield, please consider just the previous two paragraphs. If you want to say that everything I wrote before that was a load of fertilizer, you can have the last word; I won't argue.

Roger
FredB
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the problem

Post by FredB »

Roger,

I don't disagree with a lot of what you said, but my opposition to background checks is, more precisely, opposition to background checks as they are commonly proposed. Most background check proposals are based on the government obtaining and keeping a great deal of information regarding the specific firearm being transferred, in addition to the information about the recipient. I am convinced that these proposals are in fact more about obtaining and storing that firearm information, than they are about limiting firearm access for undesirables.

If you think about it, there's really no need for the background check process to require any information about the specific firearm, if the purpose is simply to keep firearms (in general) out of the hands of prohibited people. The fact that this firearm information in required when not really needed, leads to the well-founded suspicion that another agenda is in play. That suspicion is reinforced by the fact that federal prosecutions of violations of the current background check law are few and far between. Simply put, the government seems to be interested in building a (another!) huge database, of all firearms in the country. Too much information, too much power.

FredB
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RandomShotz
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Post by RandomShotz »

FredB:

Background checks as they are currently implemented do not result in the long term storage of information or centrally stored information about the particular gun or a link to the purchaser.
From http://www.fbi.gov/about-us/cjis/nics/g ... fact-sheet -

Per Title 28, Code of Federal Regulations, Part 25.9(b)(1), (2), and (3), the NICS Section must destroy all identifying information on allowed transactions prior to the start of the next NICS operational day.

The FFL holder maintains a record of the transaction, but that information can be kept in a bound book format which precludes any of the miraculous gun tracking that you see on TV. In fact, an FFL holder needs permission of the ATF to computerize the records - see http://www.atf.gov/files/regulations-ru ... 2008-2.pdf

Section 478.125(e) sets forth recordkeeping requirements for acquisition and disposition records maintained by licensed dealers. This section requires that licensed dealers record each receipt and disposition of firearms and states that the record shall be maintained in bound form under the format specified.

But, again, none of this applies to private sales. From http://www.fbi.gov/about-us/cjis/nics -

More than 100 million such checks have been made in the last decade, leading to more than 700,000 denials.

Of those 700,000+ would-be purchasers who were denied for cause, there is no way to know how many subsequently obtained a gun through private sales.

Roger
FredB
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so they say

Post by FredB »

RandomShotz wrote:FredB:
Background checks as they are currently implemented do not result in the long term storage of information or centrally stored information about the particular gun or a link to the purchaser.
From http://www.fbi.gov/about-us/cjis/nics/g ... fact-sheet -

Per Title 28, Code of Federal Regulations, Part 25.9(b)(1), (2), and (3), the NICS Section must destroy all identifying information on allowed transactions prior to the start of the next NICS operational day.
Roger
So the government says. The same government that said the NSA did not keep records of domestic phone calls and emails, and much more. The only way to keep the government from storing information connecting specific firearms to specific people is to make sure it doesn't get the information in the first place. Why does the government need that connecting information? All of the proposed national background check plans require it.
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john bickar
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Post by john bickar »

RandomShotz wrote:f you think that having a gun will protect you from governmental overreach, you have not been paying attention. The government has much, much bigger weapons at its disposal if it ever comes to a shootout.
In another time and place, there were many "residents" of the Warsaw Ghetto who believed this to be true, and a very small minority of others who didn't.
JamesH
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Post by JamesH »

Erud wrote:No. In the US, we have a God-given, constitutionally guaranteed right to keep and bear arms. It was written into the US Bill of Rights as a means of protecting the citizenry from an over-reaching government. Requiring permission from that same government to exercise that right greatly defeats the purpose.
There's nothing more important than the right of criminals to buy untraceable guns for cash no questions asked.
william
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Post by william »

I thought this thread had reached its ultimate low point when Erud invoked a "God given right," but I was wrong. It took until Mr. Bickar tossed in the Nazi analogy:
In another time and place, there were many "residents" of the Warsaw Ghetto who believed this to be true, and a very small minority of others who didn't.


There can be no rational reply to arguments citing God or Nazis.
dronning
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Post by dronning »

JamesH wrote:
Erud wrote:No. In the US, we have a God-given, constitutionally guaranteed right to keep and bear arms. It was written into the US Bill of Rights as a means of protecting the citizenry from an over-reaching government. Requiring permission from that same government to exercise that right greatly defeats the purpose.
There's nothing more important than the right of criminals to buy untraceable guns for cash no questions asked.
JamesH please tell me how will background checks of any kind stop criminals trading in guns or anything else?? You and I both know for a fact criminals trade in Billions of dollars in illegal stuff everyday and I believe there are many laws against what they do!!
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rayjay
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Post by rayjay »

JamesH wrote: There's nothing more important than the right of criminals to buy untraceable guns for cash no questions asked.
It's against the law for criminals to own guns. Laws are pretty useless against people that don't respect them.

When a government starts using the actions of the criminal element [ or insane people ] [ both a tiny percentage of the populace ] to restrict the rights of the law abiding citizens then something is very wrong.

Wouldn't it make more sense to lock away or execute the criminal and institutionalize the insane ? Unfortunately the criminal and insane are more useful to the gov out wreaking havoc among the populace thereby fueling the "need" for gun restrictions. Eventually the young people will be brainwashed by the gov run schools and see the constitution as an out of date concept.
Marc Orvin
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Post by Marc Orvin »

RandomShotz wrote:FredB:

Of those 700,000+ would-be purchasers who were denied for cause, there is no way to know how many subsequently obtained a gun through private sales.

Roger
Of those 700k who were denied, I can assure you that at least 50% of them were due to record keeping errors. Having worked at a gun shop for the past 11 years, we saw this time and again. A person would be denied, and a week later we would get a call telling us that the decision had been reversed and the customer could pick up the firearm. However, the media just loves that big number of denials and uses it as an argument showing what a wonderful job the background checks are doing.

We even had a DEA agent come in to purchase a handgun one day. He flat out told us he would be denied. This was because his son, DEA Agent, Jr, was a felon. The system denied Dad every time, and every time it added to the 700K number. But 4 or 5 days later, we would get the reversal and Dad could come pick up his pistol.

Things were much better prior to the GCA of 1968. Criminals were locked up and mental cases were not simply medicated and put back on the streets.
rayjay
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Post by rayjay »

The whole "private sale" thing is nonsense also. Most private sales between complete strangers I have been involved in or have knowledge of the seller insisted on seeing the buyer's state issued 'carry' permit. Nothing was written down but the seller made a worthy effort to see that he wasn't selling to the criminal element.
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RandomShotz
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Post by RandomShotz »

rayjay wrote:The whole "private sale" thing is nonsense also.
Actually, I have witnessed this at Court Day, indeed bought a shotgun, cash, no questions, from a man who had an informal booth there, and many times when I assisted a friend who sold guns, coins and miscellany at a Flea Market in northern KY. I also saw an FFL holder at that flea market take in guns on trade and not enter the transaction into his book so that he could sell them to people who had come to the marked from Indiana. I also have an uncle who retired from a very high rank in the NYPD and was involved in investigating the flow of guns from NC to NYC. It was many years ago and I don't remember the details, but it was an ongoing enterprise involving a large number of guns, some purchased at private sales, that were brought up and sold to gang members and other bad guys.

Anecdotal evidence, no statistics, but not nonsense.

Roger
dronning
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Post by dronning »

RandomShotz wrote:
rayjay wrote:The whole "private sale" thing is nonsense also.
Actually, I have witnessed this at Court Day, indeed bought a shotgun, cash, no questions, from a man who had an informal booth there, and many times when I assisted a friend who sold guns, coins and miscellany at a Flea Market in northern KY. I also saw an FFL holder at that flea market take in guns on trade and not enter the transaction into his book so that he could sell them to people who had come to the marked from Indiana. I also have an uncle who retired from a very high rank in the NYPD and was involved in investigating the flow of guns from NC to NYC. It was many years ago and I don't remember the details, but it was an ongoing enterprise involving a large number of guns, some purchased at private sales, that were brought up and sold to gang members and other bad guys.

Anecdotal evidence, no statistics, but not nonsense.

Roger
Again please tell me how will background checks of any kind stop criminals from trading in guns or anything else?? You and I both know for a fact criminals trade in Billions of dollars in illegal stuff everyday and I believe there are many laws against what they do!!
Certified Safety Instructor: Rifle & Pistol
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Erud
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Post by Erud »

RandomShotz wrote:
rayjay wrote:The whole "private sale" thing is nonsense also.
Actually, I have witnessed this at Court Day, indeed bought a shotgun, cash, no questions, from a man who had an informal booth there, and many times when I assisted a friend who sold guns, coins and miscellany at a Flea Market in northern KY. I also saw an FFL holder at that flea market take in guns on trade and not enter the transaction into his book so that he could sell them to people who had come to the marked from Indiana. I also have an uncle who retired from a very high rank in the NYPD and was involved in investigating the flow of guns from NC to NYC. It was many years ago and I don't remember the details, but it was an ongoing enterprise involving a large number of guns, some purchased at private sales, that were brought up and sold to gang members and other bad guys.

Anecdotal evidence, no statistics, but not nonsense.

Roger
Roger,
There seem to be some flaws in your logic. Is it your opinion that universal background checks would stop firearms from traveling from criminals in NC to criminals in NY? Also, your flea market scenario where the FFL holder was not entering firearms into his bound book, that's a crime already. Which law do you think this FFL would take seriously enough that he would obey it when he's already demonstrated willingness to break other laws? By definition, criminals commit crimes. Why would they be unwilling to break a law requiring background checks? What law will finally prevent criminals from possessing firearms?

I have bought many firearms in private sales, yet I've never committed a crime. Passing universal background checks would only affect people like me, not criminals buying guns illegally.
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RandomShotz
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Post by RandomShotz »

I don't believe my logic is flawed - so far, I have been laying out the question and some facts (as I see them) and watching what happens. Gun control of any kind is a topic that is rarely discussed without emotion, even among people of intelligence, good will and good intent such as the contributors to this forum. This makes me hesitant to go further, but I will risk it just once.

I accept that background checks as currently used are ineffective at reducing the flow of guns into the hands of criminals. One reason for this is that they are easily circumvented by purchasing guns through unregulated private sales. Guns also come into the hands of criminals through theft, dishonest practices of (I am sure a very small number of) FFL holders and some are sold to eligible buyers who subsequently become criminals. None of those routes will be closed off by background checks. It is not possible to cut off all the streams feeding the river, but that is no reason not to do what can be done.

I see the problem this way: background checks will not work without an effective national registry and laws making gun owners responsible for securing their guns and only legally transferring them. (I feel as if I have just dropped a toad in the punch bowl.) I believe some states and municipalities have such registries and laws but they are necessarily ineffective because there is no way to restrict commerce across state or municipal borders. The key to the problem is that there is a significant, and to an extent justified, mistrust of the federal government. IMHO, the essence of the solution is to find a way to make such a registry so that it does not bar gun ownership by citizens legally permitted to own guns and will not be used to do so. The Supreme Court has made clear that the right of individual ownership is Constitutionally guaranteed. I regard that as sufficient to check the dreaded "gun grab" that many gun owners fear will be the result of such a registry but obviously many others do not.

So we are left with the problem of fear and mistrust. Once it is acknowledged that these emotions dominates the discussion and motivate the opposition, the problem becomes is it possible to structure the laws so that those fears cannot be realized. I have no answer for that.

Roger
Erud
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Post by Erud »

RandomShotz wrote:I don't believe my logic is flawed - so far, I have been laying out the question and some facts (as I see them) and watching what happens. Gun control of any kind is a topic that is rarely discussed without emotion, even among people of intelligence, good will and good intent such as the contributors to this forum. This makes me hesitant to go further, but I will risk it just once.

I accept that background checks as currently used are ineffective at reducing the flow of guns into the hands of criminals. One reason for this is that they are easily circumvented by purchasing guns through unregulated private sales. Guns also come into the hands of criminals through theft, dishonest practices of (I am sure a very small number of) FFL holders and some are sold to eligible buyers who subsequently become criminals. None of those routes will be closed off by background checks. It is not possible to cut off all the streams feeding the river, but that is no reason not to do what can be done.

I see the problem this way: background checks will not work without an effective national registry and laws making gun owners responsible for securing their guns and only legally transferring them. (I feel as if I have just dropped a toad in the punch bowl.) I believe some states and municipalities have such registries and laws but they are necessarily ineffective because there is no way to restrict commerce across state or municipal borders. The key to the problem is that there is a significant, and to an extent justified, mistrust of the federal government. IMHO, the essence of the solution is to find a way to make such a registry so that it does not bar gun ownership by citizens legally permitted to own guns and will not be used to do so. The Supreme Court has made clear that the right of individual ownership is Constitutionally guaranteed. I regard that as sufficient to check the dreaded "gun grab" that many gun owners fear will be the result of such a registry but obviously many others do not.

So we are left with the problem of fear and mistrust. Once it is acknowledged that these emotions dominates the discussion and motivate the opposition, the problem becomes is it possible to structure the laws so that those fears cannot be realized. I have no answer for that.

Roger
And I have no response. I will simply leave your comments to speak for themselves.
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