2nd Amendment Regulation

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If, on the other hand, let's say Bush and Cheney declared martial law and decided to eliminate the states and just go with one federal government controlling the nation.

Granted, but the military almost in toto would have to disregard the oath they took to uphold the constitution. Bush and Cheney would be impeached in record time and would no longer be in office. Anyway, if you've ever worked for the government espeically DoD you would really laugh at that. It's hard to get them to do their jobs much less take over:)
 
Granted, but the military almost in toto would have to disregard the oath they took to uphold the constitution. Bush and Cheney would be impeached in record time and would no longer be in office. Anyway, if you've ever worked for the government espeically DoD you would really laugh at that. It's hard to get them to do their jobs much less take over

But there are folks in the military who are predisposed to follow orders. There was a survey supposedly given to the Marine Corps. They asked if they would fire on their fellow citizens if those citizens refused to hand in their firearms if there were a law passed saying that all guns are banned. A large majority of the Marines indicated that they would.

I know the scenario of the President and VP taking over the country is a very remote hypothetical. Could it ever happen? Maybe, maybe not. As far as congress impeaching the two, I don't doubt that would happen. But how would congress enforce the impeachment if the military was taken control of by the POTUS and the VP? Congress would be a paper tiger if we ever got to such a volatile position. Many of them would be likely to run home and close their offices in Washington, D.C. to "save" themselves.
 
I think the founders have plenty of after the fact evidence for the militia, and, the freedom to bear arms they mentioned.
We can start with Washington not having enough money to provide for his troops, and, that the private arms were all we had, till the French helped us.

Civil War.
Mexican War. Being repeated now.
WW II:
Yamamoto's quote.
Current terrorist problems.
 
But there are folks in the military who are predisposed to follow orders. There was a survey supposedly given to the Marine Corps. They asked if they would fire on their fellow citizens if those citizens refused to hand in their firearms if there were a law passed saying that all guns are banned. A large majority of the Marines indicated that they would.
One of the greatest psychologists of all time named Stanley Milgrim found precisely that through his studies which were perhaps the most influential, radical, meaningful, and downright ingenious experiments ever conducted. Not just soldiers, but darn near every person from all walks of life.
 
^ So when the ones who will come beating in your door (if the Bureau of Unmilitarized Longguns Lagers Spirits Handguns Incendiaries and Tobacco aren't doing it already) you'll be comforted by the fact it's just 5 out of 25 instead of 10 or 15? And you're confident that the remaining ones who stay good will have your back and attack the ones gone bad, wearing the same uniform? Further confident still that they'll do so in time to save you?

I think I'll go to Reno or Vegas when I'm in the mood for gambling like that.
 
I think I'll go to Reno or Vegas when I'm in the mood for gambling like that.

We've been gambling on that for 200 years and so far so good. Speaking as someone who worked for the government for a long time, I REALLY wouldn't worry about a bunch of civil serpeants coming to your door. And even if they wanted to come, your guns wouldn't stop them.

just 5 out of 25

That's 20 on my side:)
 
There is a difference between legal and moral

When the West German Govt re-created its military, they paid particular attention to this. Officers (and I believe other ranks as well) were given classes on the difference between legal orders and moral orders.

Of course, the germans had a huge historical example (the Nazis) to overcome, so they took pains to ensure that all futures serving military understood not only that there was a difference between legal orders and moral ones, but what that difference was.

When the Chinese were putting down the students demonstrating for democracy in Bejing (the famous Tianimen Square uprising) they made certain of the reliability of their troops by using troops from outside the capitol area. Men who had no family ties to the area being suppressed.

And that is how our govt would have to do it, if they were to suppress us. By using troops without local family ties. Regular line military units are not suitable, as they contain soldiers from all parts of the nation. But National Guard, or Army Reserve units are local boys. Move them to amother part of the country (New Orleans ring a bell), and they will follow (questionable)orders against citizens much more readily than they would if they had to deal with their fathers, uncles, cousins, and they guys they went to high school with.

Since the Nuremburg trials, "I was only following orders!" has not been a legal defense. And that is because, contrary to what most people beleived, the Nazis did not jail, execute, or torture soldiers who refused to carry out their immoral orders. They simply reassigned them to other duties. That those new duties might take one out of a rear area and send them to the thickest of the fighting was powerful incentive not to refuse orders, along with the fact that they tried very hard to give everyone the impression that refusal to follow (the immoral) orders would result in being charged with treason and the death penalty to follow. Virtually everyone believed that would be the case.

But, after the war, it was discovered that there were a few Germans who did refuse (immoral) orders (like executing civilians), and they were not punished, like everyone thought would be the case, they were simply reassigned. Since there were cases of people refusing the orders and not being jailed or killed, the Allies determined that those who did not refuse those orders could have, without risk to their lives, and therefore were guilty of war crimes for following those immoral orders.

Orders to US troops to disarm (law abiding) US citizens have been given, and have been carried out. The fact that many states now have laws prohibiting this, even in a state of emergency may prevent or reduce instances of civilian disarmament in the future, only time will tell.

The basic problem is that any military commander, politician, or political apointee trying to bring civil order from chaos will not (and often cannot, in their judgement) take the time to tell the sheep from the goats. Bad guys are running around with guns, taking what they want and doing as they will in the disaster area, so they always go with the blanket solution, sieze all the guns, with the idea that this will make their job easier. No doubt it does. But it has the drawback that the very people they are supposed to help and protect are now left defenseless when the guard moves on to the next block.

There is no easy answer, but the idea of only punishing those caught in the act of lawlessness and leaving the rest of the people alone had a great deal of appeal to me.

There are a lot of good people in the military, and I do not doubt that they would object to illegal/immoral orders. What I worry about is the rest of the people (especially the younger ones) who may not recognise such orders for what they are. Active resistance by civilians puts them instantly in the "looter/bad guy" category in the eyes of the troops, and they will respond as trained. Not a good situation. What is one to do?
 
There are a lot of good people in the military, and I do not doubt that they would object to illegal/immoral orders. What I worry about is the rest of the people (especially the younger ones) who may not recognise such orders for what they are. Active resistance by civilians puts them instantly in the "looter/bad guy" category in the eyes of the troops, and they will respond as trained. Not a good situation. What is one to do?

Great point. All I can say from my experience as a soldier is that you'll have to have some faith. Not that it will never happen in some isolated (Katrina) incident but that at some point the law will come into play and those who swore to uphold the COTUS will do so. If they don't we are cooked, but I don't think that will happen at the scale of bringing our entire country down.
The fact is, like it or not, survivalist or not, you will HAVE to depend on your government not turning on you. Doesn't mean we should ever stop the pressure to maintain our rights but the fact is the 9000 pound gorilla is there but he is our gorilla. Otherwise we go Helter Skelter. My .02.
 
Well, congress sure seems to be doing everything they can to create a revolution. The pitance that the military is paid, and the incredible costs of basic items, such as gas, clothing, and food, when people really start getting hit with the shipping increases caused by fuel doubling in one year, well, a military coup might not be a bad idea...

Enron has totally screwed Kalifornia, energy cost wise, or, at least that's the excuse the power company is using for doubling the electric costs in one year.

Also, it would be a delightful experience to have experienced officers dictating the use of our troops overseas, or not overseas, and, dealing with such groups as Alqueda, etc. I suspect if a general had been in charge, instead of Bill Clinton, we would have captured Osama Bin Laden when we had the chance...
 
Tennessee Gentleman said:
For those of you that want a reasoned thoughtful answer to that question. Go here and listen to the answer from a Libertarian Lawyer who helped us win the Heller case: http://www.youtube.com/watch?v=mf1tYQ__i3Y
Gura makes a number of excellent points.

However, he is so quick to dispel worry about people having big bad weapons that he trips over himself in part 3 of his speech.

Part 3, 9:10, he says bazookas (and presumably all other shoulder-fired missiles/rockets) aren't protected (i.e. don't fall under "arms")
Part 3, 4:00, he says that "arms" is understood to mean personal arms, arms that can be carried in hand.

He says nothing about the relative power or danger of arms (correctly, because such arguments are nonsense when determining what "arms" are.)

If bazookas are not protected, I don't see how .50 BMG rifles could be. You (or Gura) can argue that if you or he want to, but in my view that's really straining the interpretation of "arms" past the breaking point. Notice how he references historical facts in support of much of what he says, but not in his quick dismissal of non-standard, or larger-than-rifle weapons.

Moving on to Gura's comments about no absolute rights, all but one example he cites of exceptions to other rights involves some use of those rights interacting with others (extortion, purjury, threats, libel). The exception being obscenity, which I think is an absolutely horrid constitutional restriction and clearly is one of the most parodied BoR exceptions. There is plenty of obscenity in everyday life, and I don't believe the constitutional exception for obscenity has affected that one iota except in the case of Television and Media, which are both pretty well-controlled by large corporations who aren't going to permit routine profanity even without the FCC... and I don't believe for a second that obscenity and profanity are so bad for "children" that if they manage to see some nudity on TV or hear some vulgar language on the radio that they'll be corrupted.

Gura does go on to basically say that he supports strict scrutiny. I'm a bit confused on exactly what your position is on that, but I don't think the NFA as it exists would pass strict scrutiny, and back in post 172 you seemed to support it. The amount of the tax alone would fail strict scrutiny, I'm pretty sure.
 
Just my opinion, of course,....but

I make a distinction between the .50BMG, which is just a large rifle round and something like a bazooka, which fires a hollow charge warhead.
 
However, he is so quick to dispel worry about people having big bad weapons that he trips over himself in part 3 of his speech.

Part 3, 9:10, he says bazookas (and presumably all other shoulder-fired missiles/rockets) aren't protected (i.e. don't fall under "arms")
Part 3, 4:00, he says that "arms" is understood to mean personal arms, arms that can be carried in hand.

I don't think he is tripping over himself there. He says arms would be defined (by the Founding Fathers) as arms you could carry. That doesn't mean ALL arms you could carry, it just prima facie disqualifies fighter jets and aircraft carriers from 2A protection. Just at the end of part 3 he defines the weapons that would be protected. Those in common use.

If bazookas are not protected, I don't see how .50 BMG rifles could be. You (or Gura) can argue that if you or he want to, but in my view that's really straining the interpretation of "arms" past the breaking point. Notice how he references historical facts in support of much of what he says, but not in his quick dismissal of non-standard, or larger-than-rifle weapons.

.50 BMG may not be protected. If BHO is elected we will probably have a chance to find out. As to historical facts remember these types of arms and their accompanying lethality did not exist in 1790 so I don't know what history he would cite regarding them. I believe that full auto and other more lethal (ie rocket launchers) have never been in common use by civilians even before the NFA. They are in use by a very few hobbyists today.

I'm a bit confused on exactly what your position is on that, but I don't think the NFA as it exists would pass strict scrutiny, and back in post 172 you seemed to support it. The amount of the tax alone would fail strict scrutiny, I'm pretty sure.

I would have no problem with strict scrutiny. But in Guras speech part 4: 1:15 he indicates the SCOTUS is moving away from strict scrutiny as it is "outcome determinitive" and no longer "fatal in fact" and that a law may limit a right and still survive. I don't see NFA being overturned even by strict scrutiny.
 
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Since Joe isn't going to let a little thing like the law get in his way, wouldn't it be better if he were able to get something that was at least designed to safely operate in the manner he's going to use it rather than dangerously modifying something to do something it wasn't intended to?

No, we need to put Joe in jail not arm him.

Ah but how is anyone to know that Joe has done anything wrong until he uses his illegal machinegun? Does the 4th Amendment no longer apply?

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I suspect that the degree of control exercised over soldiers is there for more than just safe gunhandling.

True, but civilians have no control exercised over them for either safe gun handling or control of fires.

Yes, civilians do have control exercised over them through either fear or respect to the law. Either their own morals or fear of legal concequences prevents most people from using firearms irresponsibly. Gunsite, Thunder Ranch, and Front Sight all seem to stay in business without mandatory training laws. Could it be that the same people who are responsible enough to seek training with their current firearms would also be responsible enough to do so with a machinegun? Besides, those who currently own registered machineguns have little control exercised over their use of such weapons. There is no mandatory training for them nor are they restricted from their use to the degree that soldiers are yet there seem to be very few problems.

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Is it impossible that our country could ever become like the places you describe?

Rhetorically, I guess nothing is impossible, however no I can't foresee that happening in any way which would convince me to relax regulation of certain military weapons.

Well, I certainly hope you're right. However, I think you'll feel quite foolish if you're not and I personally don't like being legally prevented from preparing for any eventuality no matter how improbable.

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When faced with what could quite easily be described as an angry mob (complete with pitchforks and torches if it makes the image more vivid), I can see where supressive fire might be quite useful.

That's not supressive fire. That's area denial. I stand by my statement about suppressive fire even though I might face death by a million scenarios.

Suppose you want to keep the angry mob's heads down while your family escapes, that'd be suppressive fire.

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Don't you think they might perhaps go to some minor trouble to get an illegal machinegun or two, given the effort required to train properly?

The only thing that will stop a psycho like Cho is a bullet. Machine gun or no.

Then why did you bring him up?

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To say that the M16 and AR-15 rifles are somehow sufficiently different enough to justify the idea they are "too dangerous" for civilians to own, isn't just misleading, it's an outright falsehood.

That's your opinion Bill not fact. They are different weapons. Of course the Brady campaign would agree with you that they are the same and wish to ban the AR-15 as a result. You are giving them ammo to do so.

Speaking of the Brady Campaign, you've been using quite a bit of their logic yourself: curren laws don't address the problem until after the fact so we need to take insert weapon here away so that they can't do it to begin with. Besides, I'm pretty certain the Brady Bunch doesn't need us to give them ammo as they seem quite capable of fabricating it themselves:barf:

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I think you are misinterpreting the concepts.

No, I am reading the Militia Act of 1903 which defined the two militias. Where the breakdown occurs is in the quote I posted eariler about misguided folks trying to mix the organzied and unorganized militias up to get what they want, namely a bunch of Rambos with military weapons doing as they please and reporting to no one. Posted again:


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To try to get around this problem, the militia advocates have seized upon the phrase "unorganized militia" in the US regulations. The subtle rhetoric trick here is to claim the "unorganized militia", (a term simply meaning eligible citizens) is the same as the "organized militia" (a term meaning near-army) - EXCEPT when it comes to any State and Federal controls. They thus try to have it both ways, all the good things about the term (military connotations), without any of the restraints implied (government authority). However, it's very much an invention without any basis in fact. They just hope no-one in the audience knows enough history to call them on it, and they're often right.

But the propaganda here has it exactly backwards. The whole "unorganized militia" aspect was a much later legislative maneuver for people to GET OUT of the real (i.e. "organized") militia, akin to say getting out of the draft by being shuffled into a "reserve draft" category. It was for people to escape the conscription-like service requirements, not a license for private paramilitary groups. The structural details of the militia system were concerned with the extremely difficult task of funding and running an effective military without having a large standing army, and had nothing to do with individual gun rights. "Unorganized militia" in modern terms was more a draft-dodging loophole, not a Rambo clause.

But you see there is no distinction made between the organized and unorganized militia made in either Miller or Heller. The decision of the court between the two cases is that private citizens need not belong to the militia (organized or unorganized) in order to have the right to own weapons suitable for the militia (again organized or unorganized). If you don't like the way that it comes out, perhaps you should petition to have the Milita Act repealed.

I really think the real issue on this board and with the NFA has nothing to do with the militia. Full Auto and other mil weapons are a hobby now and I think a lot of folks here just want to get the price down so they can go play with them. There was a post earlier about that. I know a few people here in TN with full autos and they don't "train as part of a militia" they have money so they can go out to their farms and shoot for fun. I like having fun with guns and there is nothing wrong with that at all. I do it. Having fun shooting full auto was not why the Second Amendment was formulated. But Bill I find some of these militia arguments you are proposing as disingenious when I think you and I both know that the "militia" is not in play here but rather druthers and fun.

The only reason the militia is part of the issue is because the Supreme Court stated in Miller that weapons must be suitable for the militia (no distinction between organized and unorganized made), so it is necessary to determine exactly who the militia is and what weapons they use in order to determine what weapons are protected by the 2nd Amendment. Since the National Guard is defined as the organized militia by the Militia Act of 1903, weapons suitable for and in common use by the National Guard are therefore protected by the 2nd Amendment. Whether an individual actually belongs to the National Guard is irrelevant according to Heller so long as his weapons are suitable for use by the National Guard. What the Justices who ruled on Miller did, inadvertently I believe, was to create a venue for us to argue that military weapons are protected by the 2nd Amendment through trying to create their own loophole to uphold the NFA.

This whole idea of people in LA or New Orleans defending themselves with M2 .50 cal machinguns is far fetched, preposterious and disingenious.

What about the idea of people defending themselves with a Thompson or MP-5? Besides, the M2 would be perfect for area denial.

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You speak of being responsible to a "chain of command". The civilian certainly is also. It's called the legal system - the police and courts.

The courts and police are not the same as a Chain of Command. Have you served in the military? There is no comparison.

We have many other potentially dangerous freedoms that are denied in the military and our society doesn't break down. Certainly you won't find the scathing criticisms of the President in Stars and Stripes that you would in The Los Angeles Times. It could certainly be argued that the power of the press is far more dangerous to society at large than any firearm. What it boils down to is that you've not convinced us that the military chain of command is necessary for civilian ownership of full-auto (it doesn't even exist under the NFA as it stands now).
 
I don't think he is tripping over himself there. He says arms would be defined (by the Founding Fathers) as arms you could carry. That doesn't mean ALL arms you could carry, it just prima facie disqualifies fighter jets and aircraft carriers from 2A protection. Just at the end of part 3 he defines the weapons that would be protected. Those in common use.
Re: that and your later comments about lack of historical examples of such weapons...

Does common use in modern non-professional armed combat count? Seems to me that an array of what we'd consider "uncommon" firearms have been demonstrated to be fairly common and useful (although not in a good way from our perspective) in Iraq, Somalia, Vietnam...

.50 BMG may not be protected. If BHO is elected we will probably have a chance to find out.
I would make a sarcastic comment here but I don't really want a visit from the SS. I think we may have an opportunity to find out even if McCain gets elected. I can't think of many "Republicans" more likely to sell out .50 BMG and other such uncommon personal arms in return for some favors from the Left.

I would have no problem with strict scrutiny. But in Guras speech part 4: 1:15 he indicates the SCOTUS is moving away from strict scrutiny as it is "outcome determinitive" and no longer "fatal in fact" and that a law may limit a right and still survive. I don't see NFA being overturned even by strict scrutiny.
I recognize what Gura said about such tests. However I very much hope you're wrong about that last comment. If 1st amendment strict scrutiny didn't prohibit a $200 tax on computers or blogging software or Moleskine notebooks, it would be meaningless. Of course all the government apologists would chime in about child porn and internet terrorism and how blogs are of the devil... and nobody needs those exotic notebooks anyway.

If anything like the NFA existed for some form of free speech, even affecting some relatively small corner of free speech, do you not think there would be riots -- and worse? Due to all the internet discussion about the 2nd Amendment leading up to the Heller decision -- and thanks to Bush generating a lot of hype and paranoia over intrusive governments -- a fair number of liberal-minded individuals are starting to recognize the importance of weapons of all sorts. I don't think the liberals of tomorrow are guaranteed to model themselves after the peace & love hippies of decades past.
 
Does common use in modern non-professional armed combat count? Seems to me that an array of what we'd consider "uncommon" firearms have been demonstrated to be fairly common and useful (although not in a good way from our perspective) in Iraq, Somalia, Vietnam...

Not for the purposes of this discussion. You know, my reading and understanding is that these guerilla forces that some here really hang their hats on never did very well militarily. Yeah, they put up a fight but were crushed rather quickly. People watch Rambo and believe that they could elude, bamboozle and defeat larger regular military forces like Sly did in the movie. Guerilla forces rarely win much on the battlefield but they do win politically. Hell, a lot of people think we won Bunker Hill and we had our as*es handed to us. Britain's war with France had a good bit to do with our winning that War that many overlook.

A group of untrained civilians even with full auto and large in size with be decimated by a smaller more disciplined conventional military force every time.

If anything like the NFA existed for some form of free speech, even affecting some relatively small corner of free speech, do you not think there would be riots

Not necessarily. Not sure how I would equate a "NFA type law" for Speech but I know in many cities for example you have to get a permit and even post a bond to demonstrate. There are I think more restrictions on speech than we know.
 
To Tennesee Gentleman

Are you happy that "respect" is actually a formality here?

That may, or may not be a good thing. I have no problem showing respect, but people generally get the respect they deserve. I am more discriminant on how I repect people, I don't care if they are nice and respectful if they're stupid.

I dunno, what do YOU think?
 
Ah but how is anyone to know that Joe has done anything wrong until he uses his illegal machinegun? Does the 4th Amendment no longer apply?

The Joe you supplied in your scenario was an idiot. Idiots don't need more firepower. Joe needs to be in jail for "bump firing his weapon and killing innocent people.

Besides, those who currently own registered machineguns have little control exercised over their use of such weapons.

True, but they are under a spotlight and know that if they screw up they will be easy to find and have a lot to lose. Plus they have paid a lot of money for their hobby and aren't likely to abuse that priviledge. Someone like Joe, an idiot who bought his machine gun for $500 may not be so careful.

Then why did you bring him up?

I think somebody else did first. What difference does it make?

Speaking of the Brady Campaign, you've been using quite a bit of their logic yourself:

So are you and others here by comparing an AR-15 to a M-16 and saying they are no different. That fuzzy thinking got the first AWB and will probably get another one. Also, the Brady's use scare tactics with the public by quoting folks like you who want civilians to have access to military weapons without restrictions.

Whether an individual actually belongs to the National Guard is irrelevant according to Heller so long as his weapons are suitable for use by the National Guard.

I think that's what Miller said. Heller did not extend 2A protection to machineguns or other military weapons.

What the Justices who ruled on Miller did, inadvertently I believe, was to create a venue for us to argue that military weapons are protected by the 2nd Amendment through trying to create their own loophole to uphold the NFA.

Not likely to happen but good luck! You need to look at the links I posted to Alan Gura's talk to the City Club of Cleveland. Illuminating.

What it boils down to is that you've not convinced us that the military chain of command is necessary for civilian ownership of full-auto (it doesn't even exist under the NFA as it stands now).
Unrestricted ownership is the key you are missing. Webley, your mind is and has been made up and no argument or logic will convince you otherwise. We have been down that path already. By the same token, you have not convinced me that a) the NFA is unconstitutional or b) It should be repealed. The right to self defense is adequately protected by access to weapons already in common use by civilians for lawful purposes.

But, at the end of the day and in your lifetime the NFA will probably still be there. I remember an Arab proverb from my time in the sandbox. The dog barks, but the caravan moves on.

The American public will not tolerate what you wish, unrestricted access to military weapons for civilians. I see no arguments you've posted here that will change that and the courts will not support your view as well. But, you are entitled to your opinion.:)
 
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