What level of gun restrictions and background checks do you support. (Read 37974 times)

punaperson

Re: What level of gun restrictions and background checks do you support.
« Reply #60 on: December 24, 2013, 09:15:19 AM »
While we're listing those areas where we believe OUR government has the right to deny us our Constitutional rights (uh... NOWHERE?), I'd like to add that all laws prohibiting the possession, concealed or open carry, and/or use of electric weapons (aka "stun guns") ought to be immediately repealed. The Constitution says "right to bear ARMS", not just firearms. So let's get rid of all the laws restricting law-abiding citizens from keeping and bearing those other arms (knives, electric weapons, extendable batons, etc.).

I'd also like to clarify that "law-abiding" as a qualification for arm/firearm purchase and ownership would NOT be disallowed/disqualified on the basis of a conviction, even felonious, for a victimless crime. If someone wants to consume some substance deemed "illegal" by the absurd and irrational policies of some government agency, that is no business of the government. Even if they want to sell it, it's no business of the government to prosecute it as a crime (see ALCOHOL, or PHARMACEUTICALS or TOBACCO, etc.). It's also no business of the government if someone wants to make some kind of value exchange for consenting sexual activity between adults, etc. None of these activities (or other victimless acts), even if deemed felonious by corrupt irrational illogical government policies ought to disqualify a person from keeping and bearing any arm they choose.
« Last Edit: December 24, 2013, 09:24:47 AM by punaperson »

Darmok and Jalad @Tanagra

Re: What level of gun restrictions and background checks do you support.
« Reply #61 on: December 24, 2013, 10:31:11 AM »
So nuclear, chemical weapons then? Artillery?

Only if a soldier will carry those weapons on the battlefield.

BTW, chemical & biological weapons are illegal, even though Iraq and Syria have/have used them.

Artillery isn't a "carry" item for soldiers.
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

Darmok and Jalad @Tanagra

Re: What level of gun restrictions and background checks do you support.
« Reply #62 on: December 24, 2013, 10:41:27 AM »
So nuclear, chemical weapons then? Artillery?

WMD's would not be appropriate self defense weapons.  They are too indiscriminant and cause mass destruction and death.  If you are in a position where a nuke is your only line of defense, then we are probably talking WWIII or Armageddon!
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

robtmc

Re: What level of gun restrictions and background checks do you support.
« Reply #63 on: December 24, 2013, 10:48:28 AM »
Now, now, you are messing up the way the talking points direct them to lead the "debate" to the inevitable victory of "logic". 

HCI spent years perfecting this, you know.  Have you lost your pamphlet?

JN 8:12

Re: What level of gun restrictions and background checks do you support.
« Reply #64 on: December 24, 2013, 12:35:38 PM »
No
Yes
Define 'Mental Disorder'?
Yes
No, unless they specifically define explosives as those systems used in combat applications
Yes, against hi cap ban
No, because the background check already has your information
Yes

Lol, Define Mental disorder!

I wish that we had Arizona rules, and SBR, SBS, full auto's and Suppressors could be purchased with proper documents.
"I pledge allegiance to the Flag of the United States of America, and to the republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."

Water

Re: What level of gun restrictions and background checks do you support.
« Reply #65 on: December 25, 2013, 02:18:42 PM »
Only if a soldier will carry those weapons on the battlefield.

BTW, chemical & biological weapons are illegal, even though Iraq and Syria have/have used them.

Artillery isn't a "carry" item for soldiers.

how about grenades?  ;)

Darmok and Jalad @Tanagra

Re: What level of gun restrictions and background checks do you support.
« Reply #66 on: December 25, 2013, 02:27:10 PM »
how about grenades?  ;)

If the grenade is appropriate for self defense, then sure.  I think explosive anti-personnel devices are unsuitable for normal self-defense. 

You would need to be far enough away from the target to keep from injuring/killing yourself or whoever you are protecting.  At that distance, it could be argued you are not in immediate danger from the perp.  This same argument is used when shooting a bad guy at 25 yards.  At that distance, unless you are being shot at, you probably are not in immediate danger. 
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

punaperson

Re: What level of gun restrictions and background checks do you support.
« Reply #67 on: December 25, 2013, 02:52:11 PM »
If the grenade is appropriate for self defense, then sure.  I think explosive anti-personnel devices are unsuitable for normal self-defense. 

You would need to be far enough away from the target to keep from injuring/killing yourself or whoever you are protecting.  At that distance, it could be argued you are not in immediate danger from the perp.  This same argument is used when shooting a bad guy at 25 yards.  At that distance, unless you are being shot at, you probably are not in immediate danger.
Although a number of recent court decisions re the Second Amendment have pointed out or emphasized the self-defense aspect as an individual fundamental right, there is no doubt that the Founders also believed keeping and bearing arms was necessary for the possibility of engaging a tyrannical government abrogating the rights of citizens as enshrined in the Constitution. I'd venture that such an effort, to be successful, would likely require more than just the extremely close-quarters self-defense weapons, or even the longer range hunting and target shooting rifles. Theft of such items (as hand grenades, etc.) would constitute a greater threat than the theft of firearms, but in my view, if the "justice system" worked properly the 90% of those thieves that are recidivists would never have been let out of prison. Until hand grenades are available to the general public, and criminals are confined to prison, I suppose it's all just theoretical discussion.

Darmok and Jalad @Tanagra

Re: What level of gun restrictions and background checks do you support.
« Reply #68 on: December 25, 2013, 02:58:10 PM »
Although a number of recent court decisions re the Second Amendment have pointed out or emphasized the self-defense aspect as an individual fundamental right, there is no doubt that the Founders also believed keeping and bearing arms was necessary for the possibility of engaging a tyrannical government abrogating the rights of citizens as enshrined in the Constitution. I'd venture that such an effort, to be successful, would likely require more than just the extremely close-quarters self-defense weapons, or even the longer range hunting and target shooting rifles. Theft of such items (as hand grenades, etc.) would constitute a greater threat than the theft of firearms, but in my view, if the "justice system" worked properly the 90% of those thieves that are recidivists would never have been let out of prison. Until hand grenades are available to the general public, and criminals are confined to prison, I suppose it's all just theoretical discussion.

One thing to consider when discussing tyrannical situations.  You can use defensive weapons as a starting point to acquire more capable weapons.  No need to stockpile the "big boys" like grenades, mortars, rocket launchers, mines, and the like.  With some planning and conventional weapons, the other firepower is within reach.
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

punaperson

Re: What level of gun restrictions and background checks do you support.
« Reply #69 on: December 25, 2013, 04:38:15 PM »
One thing to consider when discussing tyrannical situations.  You can use defensive weapons as a starting point to acquire more capable weapons.  No need to stockpile the "big boys" like grenades, mortars, rocket launchers, mines, and the like.  With some planning and conventional weapons, the other firepower is within reach.
Let's hope that at least some portion of those controlling such weapons would be on the side against tyranny from the start. I'm not sure I ever really bought into that "Red Dawn" storyline. I really hope that more people wake up and see what's happening and we have a peaceful return to Constitutional law and order. In the meantime we have our work cut out just to deal with the irrational firearm laws that exist here, and the likely attempts to impose more meaningless laws in the upcoming legislative session. It never ends! Living in a state with draconian gun laws (permits to acquire, registration, limitations/bans (magazine capacity, "assault pistols", etc.), etc.,  and where concealed and open carry are de facto totally illegal, we have more than enough to deal with without splitting hairs over hand grenades! But I understand the desire to explore the logic of such limitations and the attempt to establish logically coherent laws that respect the Constitution and the legitimate areas of government control over law-abiding citizens. I admit I'm not a big fan of government control over law-abiding citizens.

HiCarry

Re: What level of gun restrictions and background checks do you support.
« Reply #70 on: December 27, 2013, 01:27:16 PM »
Agree with much of the good discussion here.

Specifically with regard to "full auto", I think the challenge is you can very quickly be talking about some serious firepower. Likewise with statements on explosives and "we should be able to buy whatever the military owns". I realize most people are referring to full auto rifles, etc. which are frankly usually just a way to miss expensively, but once you allow full auto where do you end? Why not explosive ammo or incendiaries?

I honestly feel like there are things that should be controlled. Should private citizens be allowed to own auto cannons, guided missiles, anti aircraft guns,etc? I'd say probably not. Where exactly is the line? Does our right to bear incendiary ammo trump the common desire to prevent wildfires? I'm not sure but I believe it's an intersection between the right to bear arms and the right for others to be safe from disproportionately powerful weapons. Certainly most would agree citizens should not possess WMDs, and once we agree in principal that some limits are reasonable it's all about finding a fair and reasonable way to draw that distinction.

Granted I realize many of these can be built fairly easy given COTS tech - cheap INS and compact electronics would make a DIY cruise missile easy - does that mean anyone should be allowed to possess these openly?  I'd genuinely be interested to hear a rational argument for why they should.

But, "what you think" should be based on hard facts, not emotionally driven, suppositions. If you "think" full autos should be banned, why? Because it is "serious firepower?" Really?? Name one criminal action with full auto firearms? Until the Northridge bank job, the only other recorded use of a full automatic weapon in the commission of a crime was by an LEO. And, contrary to popular belief, full auto ownership is not only legal (in many places) and the instances of those legal "machine guns" being used in crimes are non-existent. So, tell me again why this "serious firepower" should be illegal?

As for explosives, what about gasoline and nitrate fertilizer? Should those very powerful "bomb precursors" be banned? If not, why not? Certainly they represent a more significant "serious firepower" that a fully automatic firearm?

HiCarry

Re: What level of gun restrictions and background checks do you support.
« Reply #71 on: December 27, 2013, 01:41:00 PM »
Yea sorry this is my first time really discussing things like this.  I know almost nobody that owns firearms, besides my self, so i never really had discussion.  I just went through the process accepting it.  Tho it would be nice to have no regulations, i figured some are necessary.

I do think criminal background checks are necessary tho.  Tho the system may be flawed, im sure in court you need beyond a reasonable doubt that an actual crime existed.  Stealing, assault, property damage is all crime... whether intent can be proved is the challenge, which is probably more harder for the prosecutor to prove.  Criminals should not be allowed to own a gun.. Should be reserved for the law abiding citizen.  Certain felonies are pretty serious crimes but tax invasion... yea not so serious to take your 2A away from you

OK, let's talk about background checks: Who needs them and when?

If I buy a new gun from a dealer (an FFL) I get a background check. OK, that's the current process. But, if I buy a gun from my friend, do I need to get a background check, especially since I already own several guns? Who pays for it? How do I access it?

I want to pass my grandfather's shotgun down to my son on his 18th birthday. Do I need to do a background check? Why, or why not?

I want to loan my shotgun to my friend who is considering buying a similar model. Do I need to do a background check on him before I loan it out? 

Under the Manchin-Tooney bill that would have mandated "universal background checks" all of the above would have fallen under the provisions of the law and each interaction would have required a background check. One of the more ridiculous parts of the law would have required that the person I loaned MY gun to do a background check on ME BEFORE returning MY gun.....

In regards to "criminals" especially felons having gun rights, let me ask you this: What other core, fundamental Constitutional right is withheld from someone after they get out of prison for a felony? Freedom of speech, religion, political affiliation, unreasonable search and seizure?

I might be inclined to limit those convicted of VIOLENT felonies from having gun rights, but not all felons. The example I used earlier in the discussion was one related to the endangered species act: You're walking through the forest and pick up a feather on the ground and stick it in your pocket. You are stopped for an unrelated issue by a "game warden" and he finds the feather, which, unfortunately for you, is from a Bald Eagle. You are now charged with a felony and if the charges stick in court, your gun rights evaporate. That's OK with you?

Darmok and Jalad @Tanagra

Re: What level of gun restrictions and background checks do you support.
« Reply #72 on: December 27, 2013, 01:44:01 PM »
OK, let's talk about background checks: Who needs them and when?

If I buy a new gun from a dealer (an FFL) I get a background check. OK, that's the current process. But, if I buy a gun from my friend, do I need to get a background check, especially since I already own several guns? Who pays for it? How do I access it?

I want to pass my grandfather's shotgun down to my son on his 18th birthday. Do I need to do a background check? Why, or why not?

I want to loan my shotgun to my friend who is considering buying a similar model. Do I need to do a background check on him before I loan it out? 

Under the Manchin-Tooney bill that would have mandated "universal background checks" all of the above would have fallen under the provisions of the law and each interaction would have required a background check. One of the more ridiculous parts of the law would have required that the person I loaned MY gun to do a background check on ME BEFORE returning MY gun.....

In regards to "criminals" especially felons having gun rights, let me ask you this: What other core, fundamental Constitutional right is withheld from someone after they get out of prison for a felony? Freedom of speech, religion, political affiliation, unreasonable search and seizure?

I might be inclined to limit those convicted of VIOLENT felonies from having gun rights, but not all felons. The example I used earlier in the discussion was one related to the endangered species act: You're walking through the forest and pick up a feather on the ground and stick it in your pocket. You are stopped for an unrelated issue by a "game warden" and he finds the feather, which, unfortunately for you, is from a Bald Eagle. You are now charged with a felony and if the charges stick in court, your gun rights evaporate. That's OK with you?

Most states that require a background check for firearms purchase will waive the requirement if the buyer holds a CCW permit.

So, if Hawaii were to follow their lead, CCW would solve background check concerns, cost, and wasted time.
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

HiCarry

Re: What level of gun restrictions and background checks do you support.
« Reply #73 on: December 27, 2013, 02:01:49 PM »
I think outlawing full auto is reasonable
Disagree. Slippery slope, give em an inch, they take a mile.

I think preventing felons form owning firearms is reasonable
Agree, but the crimes need to be specific when pertaining what they did and how the crime prohibits them from having a gun.
So what felonies would you consider so onerous that one's gun rights should be restricted? Which felonies would not result in restrictions? If you advance an argument that only "some" felons should be disallowed guns, you should be prepared to elaborate and be specific.

I think preventing someone from certain diagnosed mental disorders is reasonable
Agree. The mental disorder needs to be diagnosed correctly and the law needs to be refined and specific.
Again, if you advance an argument that only "certain" diagnoses should disqualify someone from owning a gun, you should be prepared to state (and justify) specifically which ones. As well as mechanisms to correct false diagnoses or ones they are no longer adversely affected by, such as PTSD. 

I think background checks are reasonable (otherwise it would be impossible to screen for felons and mentally unstable people)
Agree. I don't think just anyone should be able to own a gun, like the examples of felons and people with mental disorders
"universal background checks" or something more targeted? Who and when are background checks required? Be specific please....

I think outlawing explosives is reasonable.
Disagree. I think the same steps and even more should be taken to acquiring explosives that there are to getting a gun, extensive background checks and mental health checks should be done in this case.

I am against magazine capacity limit laws.
Agree. Magazine cap laws are hogwash.

I am undecided on whether the registration of firearms are reasonable.
This practice needs to be stopped immediately.

I am for concealed carry only after meeting certain requirements
Agree. But what requirements? I don't think Id be against a written test, like taking one to get your drivers permit. You should know what youre doing with a concealed weapon and how to handle certain situations, like the above video when encountering a cop, if you can pass the test that asks you what you should do in these situations then you shouldn't have a problem in day to day life carrying a concealed weapon.
OK, I kinda get where you stand on this, but let me ask about your statement about the video and the cop: you say that if you can "pass the test that asks what you should do in these situations" then you're good to go. So, what would you have done in that situation? Remember, the driver was not being interviewed and was told to remain in his seat and quiet. When the cop first approached the driver he (the driver) tried to make the notification but couldn't due to the officers orders and demeanor. So, go on....what would you have done? Remember, if you don't answer correctly, you don't get your CCW...
 
  A person has taken a CC training class which would include firearm training and legal training
Agree. This could go hand in hand with the written test after the class or course is complete, but it cant be too bureaucratic to where its ridiculously expensive to take this class and should be easily available to the public to take.
And how much would this class cost and how long should it be? Who can teach it? One of the reasons LIFE was formed was because when the initial laws on firearms, especially handguns, were promulgated, the only means to received the required training was from the police. They of course didn't offer such a course, and never intended to do so, therefore there was an effective ban on handgun ownership, or there would have been if the laws weren't changed to allow NRA instructors to teach a class that qualified. Currently, only NRA instructors can teach the required class to get a handgun but aren't there other trainers out there that could teach a basic class, such as the First Shots, that should meet the requirements of the law?

  A person has to obtain a permit to CC a firearm (maybe even to include the specific firearm allowed to carry on it)
Agree. The permit should be given after completing the course and test for CC, though I disagree it should be weapon specific.

  A person cannot carry a CC firearm while they are intoxicated
Agree. Driving a car is like handling a weapon and there are zero tolerance views on this so why not with guns. Look at the Chris Deedy case, I don't care if youre a cop or federal agent or anything like that, if you are consuming alcohol, even just one, you have no business carrying a weapon, it can cloud your judgment and poor decisions can be made. You want to be a gun owner, be responsible and choose either to carry a weapon, or drink, you cant have both.
Incorrect. You can legally drive a vehicle after drinking as long as you don't exceed the .08% or aren't objectively impaired to the point you couldn't drive the car safely. That being said, driving a car is not a Constitutional right. What other Constitutional rights are denied to you after you have consumed a few beers with dinner? Should there be a restriction on your free speech after you had even one drink?

HiCarry

Re: What level of gun restrictions and background checks do you support.
« Reply #74 on: December 27, 2013, 02:02:35 PM »
Most states that require a background check for firearms purchase will waive the requirement if the buyer holds a CCW permit.

So, if Hawaii were to follow their lead, CCW would solve background check concerns, cost, and wasted time.
We'd need to get concealed carry first, but otherwise I agree....

HiCarry

Re: What level of gun restrictions and background checks do you support.
« Reply #75 on: December 27, 2013, 02:15:18 PM »
Just saw this and thought it was pertinet to the discussion, mainly because it clearly illustrates how things that are "just common sense" can morph into something increasingly onerous to legal gun owners.

http://armsandthelaw.com/archives/2013/12/new_york_and_am.php

The NY SAFE act requires background checks for ammunition purchases. The cost for each background check is $10.00, which will soon be raised to $20.00. And, I'm sure it'll be raised again, and again.....

Who didn't see that coming, from a corrupt government agency that charges you more than $300 (which is non-refundable if the permit is denied....) to apply for a concealed firearms permit.....

punaperson

Re: What level of gun restrictions and background checks do you support.
« Reply #76 on: December 27, 2013, 03:01:07 PM »
HiCarry wrote re CCW: "And how much would this class cost and how long should it be? Who can teach it? One of the reasons LIFE was formed was because when the initial laws on firearms, especially handguns, were promulgated, the only means to received the required training was from the police. They of course didn't offer such a course, and never intended to do so, therefore there was an effective ban on handgun ownership, or there would have been if the laws weren't changed to allow NRA instructors to teach a class that qualified. Currently, only NRA instructors can teach the required class to get a handgun but aren't there other trainers out there that could teach a basic class, such as the First Shots, that should meet the requirements of the law?"

I've wanted to raise the question of the likely roadblocks that will be established in Hawaii for obtaining a CCW license should the Ninth Circuit rule the current restrictions (de facto "shall NOT issue") to be unlawful, but didn't want to get too far ahead of reality. I'd be willing to wager that there are already plans in place to make the process as cumbersome, time-consuming, expensive, and as difficult as possible. Why? Because it's Hawaii, and there seems to be a deeply ingrained resentment towards the idea of ordinary citizens bearing arms for self-defense. They will not go down without a fight. See this article about the attempts to infringe the "right to carry" in Illinois after the clear decisions in McDonald, and Moore v. Madigan: http://www.thetruthaboutguns.com/2013/12/daniel-zimmerman/cook-county-sheriff-wants-dig-dirt-ccw-applicants/#more-282465 I suspect that some officials somewhere in Hawaii are looking at the attempts to circumvent court-ruled concealed carry by examining the "models" in Illinois, Washington D.C., Maryland, Connecticut, New York City, et. al.

I find it interesting (and frustrating) that people sworn to uphold the Constitution and other laws balk at following these laws that allow citizens to carry concealed (or open) weapons outside their homes. If it's the law, it's the law, right? Not really, if they don't like it they will erect whatever financial and other burdensome barriers they can to deny people their Constitutional rights as determined by the courts. I'd be surprised that IF the Ninth Circuit rules that Hawaii must put a "shall issue" CCW process into place if anyone actually has a license/permit within two years and that it costs less than $200 and a minimum of 20 class hours. Such is likely their interpretation of "shall not be infringed".

punaperson

Re: What level of gun restrictions and background checks do you support.
« Reply #77 on: December 27, 2013, 03:10:50 PM »
Just saw this and thought it was pertinet to the discussion, mainly because it clearly illustrates how things that are "just common sense" can morph into something increasingly onerous to legal gun owners.

http://armsandthelaw.com/archives/2013/12/new_york_and_am.php

The NY SAFE act requires background checks for ammunition purchases. The cost for each background check is $10.00, which will soon be raised to $20.00. And, I'm sure it'll be raised again, and again.....

Who didn't see that coming, from a corrupt government agency that charges you more than $300 (which is non-refundable if the permit is denied....) to apply for a concealed firearms permit.....
Yeah, it's scary when one sees we've truly started down the path of a standup comedian's (Chris Rock) take on "bullet control"...
Hmmm... won't let me post the url for the Youtube clip... search "Chris Rock gun control" or "Chris Rock bullet control"... 1:41 gets the whole routine...

oh... it posted the clip itself rather than the text of the url... never done that before...

HiCarry

Re: What level of gun restrictions and background checks do you support.
« Reply #78 on: December 27, 2013, 03:18:16 PM »

I've wanted to raise the question of the likely roadblocks that will be established in Hawaii for obtaining a CCW license should the Ninth Circuit rule the current restrictions (de facto "shall NOT issue") to be unlawful, but didn't want to get too far ahead of reality. I'd be willing to wager that there are already plans in place to make the process as cumbersome, time-consuming, expensive, and as difficult as possible. Why? Because it's Hawaii, and there seems to be a deeply ingrained resentment towards the idea of ordinary citizens bearing arms for self-defense. They will not go down without a fight. See this article about the attempts to infringe the "right to carry" in Illinois after the clear decisions in McDonald, and Moore v. Madigan: http://www.thetruthaboutguns.com/2013/12/daniel-zimmerman/cook-county-sheriff-wants-dig-dirt-ccw-applicants/#more-282465 I suspect that some officials somewhere in Hawaii are looking at the attempts to circumvent court-ruled concealed carry by examining the "models" in Illinois, Washington D.C., Maryland, Connecticut, New York City, et. al.

I find it interesting (and frustrating) that people sworn to uphold the Constitution and other laws balk at following these laws that allow citizens to carry concealed (or open) weapons outside their homes. If it's the law, it's the law, right? Not really, if they don't like it they will erect whatever financial and other burdensome barriers they can to deny people their Constitutional rights as determined by the courts. I'd be surprised that IF the Ninth Circuit rules that Hawaii must put a "shall issue" CCW process into place if anyone actually has a license/permit within two years and that it costs less than $200 and a minimum of 20 class hours. Such is likely their interpretation of "shall not be infringed".

And that is exactly what the problem is with the so called "common sense" approach to gun control laws. It does seem "reasonable," at least on the surface, and in the ever so important anti-gun sound-bites that most Americans use as the basis of their decision making, but on deeper inspection the all too likely situation you describe becomes a concern. There was a reason only the police were initially granted the authority to teach the requisite safety course; they knew they weren't going to provide that service, and to date, never have. Ta-da: handgun ban. There is a reason you need to make 3 trips to the police department, during the week, and only during limited "banker's hours." There is absolutely no reason we should assume that similar efforts to make the process as difficult, and expensive, as possible, wouldn't happen if when we get concealed carry. Heck, we even have some relevant history related to concealed carry under LEOSA here in Hawaii we can look to to validate these suspicions. Even for qualified retired LEOs, the AG purposefully delayed promulgating rules, and when it did, it made the requisite qualifying shooting expensive ($500.00), logistically difficult (only one range on Hawaii Island), and required a higher qualifying score than active LEOs....But, that's for LEOs, surely they wouldn't try to make it difficult for us law abiding citizens simply trying to exercise our rights, now would they???