frigidweirdo
Diamond Member
- Mar 7, 2014
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Confuses me. How come the insane can't have guns, or prisoners?
Because if people are not legally competent, they require a guardian
to be legally responsible for them including them having access to guns or using them.
As for prisoners, if the crime for which you are convicted calls for deprivation of liberty and freedom
then you can lose rights by the laws.
In general, right of the people implies law abiding citizens.
you call this well-regulated militia, but it means citizens who commit to uphold and defend the laws not violate them.
Prisoners, being convicted of crimes, have violated laws and thus merit loss of liberties.
If people are found to be insane and not able to comply with laws,
they can also lose their rights to guardianship.
NOTE: in cases of PTSD for victims of rape or other crimes,
or in cases of veterans, this is still contested if such "mental ill" conditions
should render such people barred from defending themselves with guns.
This isn't so clear cut.
The argument being presented is that it says "shall not be infringed", and therefore this means that the right to keep and bear arms shall NOT BE INFRINGED EVER.
Which is rubbish, right?
So the 2A says "shall not be infringed" but this means that it CAN BE infringed upon.
Dear frigidweirdo
All that is missing is that we agree on limits on laws and rights,
similar to agreements on the freedom of speech and press
that cannot be abused to commit slander, libel, harassment, fraud, misrepresentation etc.
As stated before, no laws can be "taken out of context" and abused
so as to violate OTHER laws that are also within the same Bill of Rights and Constitution.
So it is not considered an infringement to check the exercise of rights
by OTHER laws and principles such as
* the right to security in our persons houses and effects
* the equal right to protection of the laws
* the right to due process and not to be deprived of rights and liberties
unless convicted by law of a crime for which the law prescribes such a penalty
Enforcing other parts of the same laws as one context
is NOT generally seen as infringing on those rights.
Again this is what I mean by "the right of the people" as inherently
implying "law abiding citizens" or for the purpose of "defending not violating" the law.
You can call this "well regulated militia"
and people like ChrisL may argue we both mean the PEOPLE
who play that role of policing govt, regardless if you call it militia or "the people who are the government."
Enforcing other laws to check each other
isn't counted as infringement.
We just have to AGREE and resolved any perceived
conflicts, so we AGREE this is ENFORCING laws
and not violating Constitutional rights and principles.
So we agree that "shall no be infringed" doesn't mean that it can't be infringed upon? good.
We agree more than disagree but the terms you use
is what throws people off frigidweirdo
I'd say it more like if you are infringing on the rights of others
by abusing or threatening to abuse weapons, then that's YOU
infringing your own rights. For example, if you abuse "free exercise of religion"
to sacrifice animals or people, that violates other laws, you end up
getting convicted and incarcerated. Well you can't complain that it's
the govt prohibiting you from practicing your religion. Part of your practice
violated OTHER LAWS. So it wasn't about infringing on your religion,
but about your actions that broke OTHER LAWS.
If this is explained in that context frigidweirdo
we would find we agree more than no, and avoid getting stuck in conflict over
the terminology you use that just invokes rejection when people hear that.
You just need a good facilitator to translate back and forth
and you'd be fine. The terms you use are going to shut people
down where they don't hear you. I can look past that and get to
what you mean but most people can't or won't do that much work to listen to you.
I'm not sure exactly what language you thin it is that throws other people off. It's a simple yes or no here, either the RKBA "shall not be infringed" EVER, or it shall be infringed. There are no two ways about it, right?