Shall not be infringed.

All you people out there claiming that "background" checks are unconstitutional need to really examine just how fucked up you really are.
Yeah - prior restraint ain't nuthin' to get upset about.
Unless, of course, it is applied to some right other than that to keep and bear arms.
‘Prior restraint’ applies to First Amendment jurisprudence, the phrase you’re searching for is ‘undue burden’ to the exercising of a right, in this case the rights enshrined in the Second Amendment.
Nope - prior restraint - where he the exercise of a right is denied until the state determines that the exercise in question does not violate the law - is the correct term.
It's impossible to soundly argue that background checks are not a form of prior restraint.
 
It's well established by the Courts that the 2nd amendment can be subjected to more rigorous limitation than can, for example, the 1st amendment.
Please cite the SCotUS ruling that states this.

It would in all likelihood be unconstitutional for example, to deny a felon or an insane person free speech or free press rights.
Incorrect. Due process can remove any right.
 
Since your premise is absolutely false, we cannot proceed until you acknowledge that it is false.
The bolded text is -absolutely- true; you're simply avoiding the point.

So, I ask agin:
How does simple ownership/posseesiomn of a firearm cause harm?
How does simple ownership/possession of a firearm places others in a condition of clear, present and immediate danger?
Are you so blind that you can't see that felons, and the mentally-ill are a clear and present danger. And yet, you have no problem with them buying guns legally. What a hack :cuckoo:
Emotion, ignorance and dishoesty. Thank you.
 
An unlimited view of the 2nd amendment would allow children to buy and possess guns.
Except, of course, that children do not have the right to keep and bear arms, so laws limiting or prevent poseesion by children do not violate the 2nd.
Well children are citizens, and based on your argument, every citizen has the right to bear arms. So how, based on your argument, is that not a violation of the 2nd Amendment?
Emotion ignorance and dishonesty. Keep up the good work.
 
The bolded text is -absolutely- true; you're simply avoiding the point.

So, I ask agin:
How does simple ownership/posseesiomn of a firearm cause harm?
How does simple ownership/possession of a firearm places others in a condition of clear, present and immediate danger?
Are you so blind that you can't see that felons, and the mentally-ill are a clear and present danger. And yet, you have no problem with them buying guns legally. What a hack :cuckoo:
Emotion, ignorance and dishoesty. Thank you.

Ahhh so you result to name-calling. And you choose to ignore what I said... Bravo sir I say Bravo :clap2::clap2::clap2::clap2:

You MUST be a republican hahaha
 
Are you so blind that you can't see that felons, and the mentally-ill are a clear and present danger. And yet, you have no problem with them buying guns legally. What a hack :cuckoo:
Emotion, ignorance and dishoesty. Thank you.
Ahhh so you result to name-calling.
These terms describe your response, not you.
To wit:

Are you so blind that you can't see that felons, and the mentally-ill are a clear and present danger
Ignorance, dishonesty
The statement I made doesn't refer to these poeple, but the law abiding. You either didnt recogniize this (ignorance) or ignored it (dishonesty).

And yet, you have no problem with them buying guns legally
Ignorance, dishonesty
Nothing I have said even remotely resembes this statement.

What a hack :cuckoo:
Emotion
Personal attack

You stand corrected.
 
Except, of course, that children do not have the right to keep and bear arms, so laws limiting or prevent poseesion by children do not violate the 2nd.
Well children are citizens, and based on your argument, every citizen has the right to bear arms. So how, based on your argument, is that not a violation of the 2nd Amendment?
Emotion ignorance and dishonesty. Keep up the good work.

That's one of the most well thought out answers I have ever read!!
 
Well children are citizens, and based on your argument, every citizen has the right to bear arms. So how, based on your argument, is that not a violation of the 2nd Amendment?
Emotion ignorance and dishonesty. Keep up the good work.
That's one of the most well thought out answers I have ever read!!
It's not my fault that it effectively describes your post.
To wit:

Well children are citizens, every citizen has the right to bear arms
Ignorance, dishonesty
The right of the PEOPLE, not the citizens. You either do not recognize the difference (ignorance) or do and ignore it (dishonesty)

So how, based on your argument, is that not a violation of the 2nd Amendment?
Ignorance, dishonesty
This question was answered in the post you responded to. You eiother failed to recognize this (ignorance) or ignored it (dishonesty).

You stand corrected.
 
Emotion, ignorance and dishoesty. Thank you.
Ahhh so you result to name-calling.
These terms describe your response, not you.
To wit:


Ignorance, dishonesty
The statement I made doesn't refer to these poeple, but the law abiding. You either didnt recogniize this (ignorance) or ignored it (dishonesty).

And yet, you have no problem with them buying guns legally
Ignorance, dishonesty
Nothing I have said even remotely resembes this statement.

What a hack :cuckoo:
Emotion
Personal attack

You stand corrected.

If your premise is that background checks are unconstitutional, and infringe on our rights, then you most certainly are not talking about law-abiding citizens, because it shouldn't effect them in any way. However, you are arguing against background checks, which will effect those unlawful/handicap citizens. So, like I said, you have no problem with criminals and the mentally-ill purchasing firearms legally.
 
Ahhh so you result to name-calling.
These terms describe your response, not you.
To wit:


Ignorance, dishonesty
The statement I made doesn't refer to these poeple, but the law abiding. You either didnt recogniize this (ignorance) or ignored it (dishonesty).


Ignorance, dishonesty
Nothing I have said even remotely resembes this statement.

What a hack :cuckoo:
Emotion
Personal attack

You stand corrected.
If your premise is that background checks are unconstitutional, and infringe on our rights, then you most certainly are not talking about law-abiding citizens, because it shouldn't effect them in any way.
Incorrect.
Background checks are a form of prior restraint, where the state denies the exercise of the right until it determines that said exercise does not violate the law.
Prior restraint in an infringement; so too then are background checks.

However, you are arguing against background checks, which will effect those unlawful/handicap citizens. So, like I said, you have no problem with criminals and the mentally-ill purchasing firearms legally.
Non-sequitur.
In English, that means there is no necessary relationship between arguing agianst background checks and "not having a problem" with the illegal purchase and possession of firearms.
 
That's one of the most well thought out answers I have ever read!!
It's not my fault that it effectively describes your post.
To wit:


Ignorance, dishonesty
The right of the PEOPLE, not the citizens. You either do not recognize the difference (ignorance) or do and ignore it (dishonesty)

So how, based on your argument, is that not a violation of the 2nd Amendment?
Ignorance, dishonesty
This question was answered in the post you responded to. You eiother failed to recognize this (ignorance) or ignored it (dishonesty).
You stand corrected.
And just who are the "people" if not the citizens...
Were you being serious when you wrote this, or joking?
If you do not understand the legal, historical and conceptual difference bwteen "the people" and the citizenry in general, your ignorance indicates cannot have a meaningful conversation on this issue.

If you DO understand the difference andf simple ignore it, your dishonesty indicates you cannot have a meaningful conversation on this issue.

Put simply, not every citizen carries or possesses the full rights of "the people".
 
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It's not my fault that it effectively describes your post.
To wit:


Ignorance, dishonesty
The right of the PEOPLE, not the citizens. You either do not recognize the difference (ignorance) or do and ignore it (dishonesty)


Ignorance, dishonesty
This question was answered in the post you responded to. You eiother failed to recognize this (ignorance) or ignored it (dishonesty).
You stand corrected.
And just who are the "people" if not the citizens...
Were you being serious when you wrote this, or joking?
If you do not understand the legal, historical and conceptual difference bwteen "the people" and the citizenry in general, your ignorance indicates cannot have a meaningful conversation on this issue.

If you DO understand the difference andf simple ignore it, your dishonesty indicates you cannot have a meaningful conversation on this issue.

Put simply, not every citizen carries or possesses the full rights of "the people".

If we are going to follow the 2nd Amendment to the letter, then when it says that "the right of the people shall not be infringed," we are saying that non-citizens can purchase and carry guns, that children can buy and posses guns, which if we think about it, is absurd to even consider. Now, with the background checks, we are trying to stop the unlawful/mentally-ill from obtaining firearms legally, and you and the like are trying to prevent it. If you want to use your "people" argument, then you can't put stipulations on it. If you take the Constitution literally word for word, then any "PERSON" has the right to bear arms. End of discussion. I on the other hand, interpret "people" as "citizens" and therefore can add stipulations on my argument. Your argument will lead to the most asinine country where anybody and everybody will be able to buy and carry guns. And we all know, the more guns that are available, the more crimes are going to be committed using them. I mean, the more bees that are flying around you, the more chance you have of getting stung, right? Think about it..
 
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background checks!
whoop'D Fucking Doh


...the right to keep and bear arms shall not be infringed.

To the anti-gun loons and their useful idiot followers, this reads:

....the right to keep and bear arms shall be taxed, licensed, registered, delayed, subjected prior restraint, and otherwise arbitrarily limited – but it shall not be infringed.

Never mind that these same people scream at the top of their lungs that, when applied to any other other right, each of these things violate the constitition, including those rights not so protected.

:dunno:
 
you're being emotive by simply tossing his argument without a rational response. the above is a decent response.

i don't agree with his argument that the 2nd is unlimited, neither does scotus. his argument about illegal porn etc makes perfect sense in light of the rights of all americans. the second amendment does not harm others, it does not allow you to murder someone for example. whereas if one takes the 1st to be unlimited, they will and have used it as an excuse to engage in child porn. thankfully scotus shot that down as it endangers others and infringes on their rights to be free from harm.

an unlimited view of the second amendment would not harm anyone. that is the difference and i'm pretty sure that is his argument. can you counter that?

An unlimited view of the 2nd amendment would allow children to buy and possess guns.
Except, of course, that children do not have the right to keep and bear arms, so laws limiting or prevent poseesion by children do not violate the 2nd.

That requires an interpretation of the 2nd amendment that involves nothing actually said in the 2nd amendment. There is no age limit designated in the 2nd amendment.
 
An unlimited view of the 2nd amendment would allow children to buy and possess guns.
Except, of course, that children do not have the right to keep and bear arms, so laws limiting or prevent poseesion by children do not violate the 2nd.

That requires an interpretation of the 2nd amendment that involves nothing actually said in the 2nd amendment. There is no age limit designated in the 2nd amendment.

What was the age a person was allowed to enter into militia service?
 
Expanded background checks was supported by the majority of Americans.
fallacy: Appeal to popularity

Now see how it's coming around to bite the republicans in congress right on the ass?
It's not infringing your right.
Background check are a form of prior restraint.
Prior restraint infringes on your rights.

You keep saying that as if it's anything more than your personal opinion. Stop.
 
Except, of course, that children do not have the right to keep and bear arms, so laws limiting or prevent poseesion by children do not violate the 2nd.

That requires an interpretation of the 2nd amendment that involves nothing actually said in the 2nd amendment. There is no age limit designated in the 2nd amendment.

What was the age a person was allowed to enter into militia service?

Certainly under the age that many current laws allow persons to own handguns.
 
Licensing and registering guns were upheld as constitutional in the DC circuit court of appeals in 2010,

in a case known as Heller II.

Intermediate scrutiny was also held to be the appropriate standard for 2nd amendment cases.

http://www.cadc.uscourts.gov/internet/opinions.nsf/DECA496973477C748525791F004D84F9/$file/10-7036-1333156.pdf
 
Except, of course, that children do not have the right to keep and bear arms, so laws limiting or prevent poseesion by children do not violate the 2nd.

That requires an interpretation of the 2nd amendment that involves nothing actually said in the 2nd amendment. There is no age limit designated in the 2nd amendment.

What was the age a person was allowed to enter into militia service?

Men between the ages of 16-60 were required to sign up for the militia.

A Well Regulated Militia
 

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