Limits on Guns?

DAL

New member
If you read this, please do so completely. I especially like the last part that defends the people's right to obtain the guns criminals (and government?) have available.

Your thoughts are welcome.
DAL
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Limits on Guns?

Q: In a proper society, individuals surrender to government the right to the use of retaliatory force. How does this line of reasoning applies to gun control. If it is moral and hence legal to own a weapon that can kill many quickly, where and what reasoning draws the line of what types of
weapons are permitted?
GM,
Southbridge, MA

A: Individuals do not surrender the right to retaliate against force, we only delegate it. Morally, that right remains in the hands of individuals and, to secure our rights, we appoint officials to deal with it in a just, civilized manner.

Criminals, of course, pay no respects to rights and cannot be relied upon to wait for police forces to arrive before they perform their crimes. It would be a poor system
indeed that allowed no defense against criminals until after a crime has been committed. Hence, the right to self-defense necessarily exists, and so does the right to
bear arms for one's self-defense. Even this--rightly--is monitored by a court system which must determine whether an action is taken in self-defense or not. (That the courts today do not consistently uphold this right is another matter.) The right to self-defense does not include the right to mete out punishment at all; that is the province of the courts, and you may take only and whatever action is necessary to protect your life (or other innocent lives) and
property when no police force is available to do so.

As to what this means for where the line is drawn for owning particular kinds of weapons, I can offer only general principles. To determine which weapons are legitimate
requires knowledge of the weapons' capabilities, and extensive legal expertise, areas in which I am not expert.

The proper line is drawn at the point beyond which there is no legitimate civilian usage or necessity for a particular weapon. To put it another way: no weapon that may only be used for purposes of war is legitimate civilian property. An individual may rightly own whatever weapons are necessary for self-defense, hunting or sport. (There may be other legitimate uses, but I cannot think of any not covered by these categories.) A weapon such as a tank or bomb clearly exceeds this line because its nature is to destroy and kill in large numbers--far larger than criminal intent (which is essentially expropriation) requires--but handguns do not. The right to self-defense exists to protect individuals from criminals; tanks, bombs and
biological agents are weapons of war, which is the province of a proper national self-defense.

What is necessary for personal self-defense is in part determined by what the criminals may reasonably be expected to use, and this implies that any list of permitted weapons be flexible over time. Should it become standard
that criminals use assault weapons and bullet-proof vests (such as the two men who terrorized North Hollywood in 1997), then the scope of weapons permitted must recognize this fact. (That criminals already use such
weapons--however ill-gotten--must also be recognized.) Under no circumstances should the ability for law-abiding individuals to protect themselves be arbitrarily limited to
less firepower than what criminals are known to possess and use, just as America should not limit itself in its national arsenal when potential enemies are known to possess weapons of mass destruction.
--Andrew Lewis www.alshow.com



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Reading "Capitalism: The Unknown Ideal," by Ayn Rand, should be required of every politician and in every high school.
GOA, JPFO, PPFC, CSSA, LP, NRA
 
Couple of comments - The 2nd Admendment is not about hunting or (necessairly) self protection. It is about the checks and balances inherient in our system. Just as none of the three main branches of government have primacy one over the other, the three branches, singlely or in concert, do not have primacy over the people. And the ability to resist that absolute primacy is the reason for the 2nd.

Just as the 1st allows one to write a letter to the editor or e-mail the president, the 2nd allows one to target shoot or go hunting. Those limited activities are not the sole purpose of either admendment.

I don't want weapons of mass destruction in the hands of individuals - any more than I want a small handful of individuals to control all means of public communication. I don't buy the argument that just because terrorists or other criminals can have biological agents or tatical nukes, that private citizens should also have them freely available. Of course one could argue that terrorists and criminals are private citizens and shouldn't have unique access. But that is where I think we come to the place for which we really have instituted governments.

A couple of "Good Ol' Boys" with 12 gages are not going to offer much resistance to a well trained military - so civilians have a right to somewhat more pariety in fire power. World wide the availibility of "small arms" seems to be the critical cut off point of civilians (or rebels) being able to successfully resist (or change) governments. Small arms generally include those "hunting and self defense" arms as well as "real" assualt weapons (those capable of select fire) and mines and grenades and mortors, and etc..

Personally I'd like to see some oversite on possession of things like mines and grenades; but if Bill Gates (or my next door neighbor) can afford a tank or two - or maybe the installation of a series of quad 50s around his property - "Hey - more power to him".

But I really believe that we could "turn the clock back 60 years" and allow civilians to have full autos (without heavy taxes) and the Republic would not fall. (It might even be strengthened.)

And just as with any other human institution/practice - some a**hole will inevitabily mis-use the tools. That is the price we pay for having any tools available. We have laws against the misuse of other Admendment rights (liable, slander, inciting to riot) and the same should be (is) true for misusing the rights under the 2nd.

I agree with the folks that say the authors of the Bill of Rights were probably only considering muskets, cannon and low efficiency explosives when they wrote the 2nd. OTOH they probably only contemplated town hall meetings and hand operated printing presses in relation to the 1st.

If the other admendments can handle computers, telecommunications, hacking and wire tapping, gene splicing research, etc.; then the 2nd can probably handle assault weapons and similar individual weapons.

End of rant.

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Jim Fox
 
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