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Indeed. Telling people which arms they can or can not does infringe that right. There are many more types of "arms" than guns that exist today though. Do you believe people should have a right to own all of them, or do you believe that a line must be drawn somewhere?
I believe that people have a right to own all of them, as many as they wish of whatever they wish. The only arms that 'people' cannot bear are WMDs of any kind. The specific 'arms' talked about in the 2nd amendment however are guns. We know this because of the first part of the statement:
A well regulated Militia, being necessary to the security of a free State.
That being said...what does that really mean? ...a well regulated Militia... Regulated in what way and by whom? Does that regulation mean regulating the types of weapons the Militia may possess? Or does that simply mean that if the people decided they needed to form a Militia to secure their freedoms from a tyrannical government that they needed to be able to have weapons in their possession to do that? I default to the latter.
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And what about preventing certain people from buying guns, such as convicted criminals? Do you agree with that or disagree with it?
Convicted criminals already have many of their rights stripped as a result of conviction...the right to vote for instance. The right to live wherever they choose...another example. The 'people' are not convicted criminals. It specifically says, the people, not people or all people.
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Why is it an infringement? In and of itself, registering a gun doesn't prevent you from 'bearing' it, so why is it an infringement upon that right?
Because if I already possess the freedom to have the weapon, it is not any of the governments business at all that I have the weapon, therefore the whole idea of registration is moot. The reason for registration is so the government can know who has weapons and what kind. Also, if you choose to not register a weapon, then you are in violation of the law...there is nothing in the second amendment that allows for the government to know that you possess weapons. In fact, the first sentence again:
A well regulated Militia, being necessary to the security of a free State...if the government knows who and what weapons the population possesses and can confiscate those weapons if they are not registered reduces greatly the chances of having a 'well regulated militia'.
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And what would you say about mandating that guns are kept in a safe or firearms cabinet when not under your direct control. Would that also be an infringement? Why?
Yes. The reason it would be an infringement is because any laws that cannot be enforced are moot. Therefore, in order to have an effective law, the government would need to be able to come into your home, at their discretion, and ask to see that your weapons are indeed locked in a safe. If the idea that firearms need to be kept under lock and key (which, I wholeheartedly agree with and mine of course are)is a good idea, because we don't want four year olds shooting Mommy...then we should enact legislation to punish those who's weapons are used in such a fashion. I.E. If your four year old shoots Mommy you are liable for negligent homicide...which is probably a law already anyway.
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See, I think the trouble a lot of us are having is seeing why these things are considered an infringement. You and others simply tell us that they are, but no one tells us why they are.
I think the problem is that a lot of you are seeing the end result of violence where criminals used guns and are fed up with it, as am I. The solution is not to regulate guns...the solution is to revamp our judicial system.
Edited by joc, 16 January 2013 - 05:03 PM.