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Reply from Senator Warner

eye95

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I've always thought this was the easiest argument to pick apart. The equivalent to not being allowed to say fire in a crowded theater is the law that says I can't start shooting randomly in a crowded theater. The equivalent to not being allowed to carry a gun in a crowded theater would be making everyone duct tape their mouth before entering the theater so they won't start yelling fire. If there's a fire you should have the ability to announce it, and if there's a threat you should have the ability to stop it.

That is exactly the point I was striving to make!

Oh, and I still don't believe that other poster for a second. Consider the source.


Sent from my iPad using Tapatalk.

<o>
 

The Wolfhound

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That damned analogy again....

I see no movement to take away the mouth with which I MIGHT yell "Fire". The "reasonable restriction" instead implies that there could be punishment for misuse. Restricting my right to bear arms by disallowing bearing (as opposed to implying punishment only for misuse) is not an accurate comparison. Stop even going there!
 

The Wolfhound

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Back to Senator Warner....

Mark likes his perks that go with the job. It keeps him from having to work for a living. With the next election only 2 years away he fears 2 things. He fears angering the Democrat gun owners (who's small number likely mean the difference in said election). He fears that the Virginia Republican party will find an actual candidate. Right now fear number 1 is his concern. He must appear "reasonable" and not the party hack that Ol'e Timmy Kaine is. It is all illusion, but that is how politics does not work in Virginia.
 

marshaul

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Oft cited is the shouting of "Fire!" in a crowded theater as a limit on the 1A. It is not a limit on the 1A to say that one may not do so. To make such a shout has the reasonably expected effect of causing a panic in which some will be injured, violating their rights.

I've been saying this for years. For once, I think eye95 has said it better than I ever managed.

Although I like to point out that, if one were to do so at such a point where nobody reacted (say a fire just started in the movie) the utterance would fall completely within 1A protections.

A mere potential isn't enough to justify "limits" on a right. That's the thing about rights: if you restrict them before a person has even abused them (read: aggressed against or infringed upon another), then they aren't rights. They're just "acts which aren't yet illegal".
 
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eye95

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I see no movement to take away the mouth with which I MIGHT yell "Fire". The "reasonable restriction" instead implies that there could be punishment for misuse. Restricting my right to bear arms by disallowing bearing (as opposed to implying punishment only for misuse) is not an accurate comparison. Stop even going there!

Actually, it is a perfect analogy. It is just often misconstrued. You have a right to free speech. You do not have a right to yell, "Fire!" in a crowded theater because doing so would abrogate the rights of others as the predictable outcome is a stampede in which others will be injured, possibly killed. Likewise, you have a right to carry a firearm. You don't have a right to wave it around, sweeping others indiscriminately. That violates their rights.

The misconstruction comes in when folks think of the prohibition on yelling, "Fire!" in a crowded theater or the prohibition on brandishing indiscriminately are limitations on the rights. They are not. Those behaviors are not part of the rights, infringe on the rights of others, and therefore, are reasonable prohibitions on behavior.

I think the real problem with the misconstruction is that there is the implication that there can be reasonable limitations on rights. There cannot be. If a limitation is legitimate, then the behavior was never part of a right. Yelling, "Fire!" is not a right. Brandishing indiscriminately is not a right.
 

Repeater

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Richmond, Virginia, USA
"This is why Mark Warner wins" By Norman Leahy

Insightful:

This is why Mark Warner wins
For conservatives and Republicans, Sen. Mark Warner is a constant source of pain. How can a man whose political career rests on a foundation made out of tax increases (made possible by Republican votes)…whose Senate career has been dotted with votes for more and more expensive government (Obamacare) still manage to be the most popular politician in Virginia?

It’s really quite simple: every now and then, he confounds his own base and disrupts the Republican narrative.

The most recent example of that behavior can be seen in the series of Senate votes on gun control legislation.

Warner voted for the Manchin-Toomey compromise that would have expanded background checks for firearms purchases. He even issued a statement after that bill failed bemoaning the lack of bipartisan agreement on “common sense” proposals such as this.

But that wasn’t the only gun control vote Warner made that day. On the high-profile assault weapons ban, Warner was one of 16 Democrats who voted “no.” On a proposal to ban high-capacity magazines, Warner was one of 10 Democrats to vote “no.”

Conversely, Warner voted for a measure to protect gun owners’ privacy and he also voted in favor of a Republican-sponsored amendment to grant gun owners’ concealed carry rights across state lines.

...

We suspect Warner’s gun control votes were largely political calculations.

No kidding.

Warner is no fool.

A strong 2014 Republican challenger – Bob McDonnell, for example, or perhaps Bill Bolling — won’t be able to tar Warner as out of touch with the rest of Virginia because his voting record on issues like gun rights will show otherwise.

Nothing strong about RINO's.
 

lil_shawn1990

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May 14, 2013
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Location
MCB Quantico, Va
Reply from Senator Warner to a recent email I sent regarding gun rights:

Dear Mr. xxxx,

Thank you for contacting me to share your thoughts on legislative efforts to reduce gun violence in the United States.

On December 14, 2012, 20 innocent children and six adults lost their lives in one of the worst, most tragic shootings to ever occur in the United States. As a parent of three daughters, this was the ultimate nightmare. Like the Virginia Tech and Columbine shootings, this tragedy unfolded in what was once regarded as a safe haven free of crime and violence: a school.

I own firearms and am a strong supporter of the Second Amendment constitutional right of law-abiding citizens to keep and bear arms. However, I also recognize that, like with many of our constitutional rights, our Second Amendment rights are not without limits. It is unfortunate that a tragedy of this magnitude is what is needed to prompt action, but we need to take meaningful steps that will help us best avoid these kinds of mass shootings in the future. The status quo is not acceptable.

During the Senate's recent consideration of the Safe Communities, Safe Schools Act of 2013 (S. 649), I was very disappointed that we could not reach the necessary 60 votes for passage of a reasonable, bipartisan amendment to strengthen background checks. This compromise legislation put forward by Senators Manchin and Toomey would have closed the gun show loophole and prohibited the commercial sale of guns to those who are seriously mentally ill or have a criminal record while also upholding Second Amendment rights. Furthermore, its failure, which occurred one day after the sixth anniversary of the Virginia Tech tragedy, jeopardizes passage of the underlying gun safety bill, which includes our bipartisan CAMPUS Safety Act.

There was also significant debate over proposals to ban certain types of weapons and magazines. I voted against these bans because, after talking to numerous experts, I believe the most effective thing we can do to reduce gun-related violence and keep guns out of the hands of those prohibited by law from possessing them is to pass a strong background check law.

Moving forward, I believe that the Senate should continue to work to pass effective measures that will help to keep our children and communities safe. These include broadening background checks for gun purchases, making improvements to our mental health system so we can provide help to those with dangerous mental illnesses before it is too late, as well as measures to prevent gun trafficking, ensure all appropriate records are submitted into the background check database, and improve school and campus safety.

Again, thank you for contacting me. For further information or to sign up for my newsletter please visit my website at http://warner.senate.gov.

Sincerely,
MARK R. WARNER
United States Senator



I find this interesting because louisiana senator replied thw same exact words a few differences but majority thw same.
 
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