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Are you happy with the Heller ruling

Are you happy with the heller ruling

  • Jumping for Joy

    Votes: 0 0.0%
  • Yes, but wish they had gone furthur

    Votes: 0 0.0%
  • A little disappointed

    Votes: 0 0.0%
  • Very disappointed

    Votes: 0 0.0%
  • What were they thinking?

    Votes: 0 0.0%
  • Blood will run in the streets now.

    Votes: 0 0.0%

  • Total voters
    0

LeagueOf1291

Regular Member
Joined
Feb 25, 2007
Messages
328
Location
Buffalo Valley, Tennessee, USA
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like_the_roman wrote:
1. The Swiss government routinely sells surplus machine guns, submachine guns, anti-tank weapons, anti-aircraft guns, howitzers and cannons to its own citizens with no problems (though they must get an easily obtained license from their canton of residence to purchase.)

2. I work with ex-cons every day. The half-dozen or so I know personally are great people who just made mistakes and should have had their 2A rights restored upon release. Two of them have been robbed and one beat up since their release and had no ability to defend themselves in those incidents. I would have no problem with allowing ex-cons to be armed. Besides, if a man cannot be trusted with a gun, they shouldn't let him out of prison in the first place.

3. I understand the idea of the Second Amendment - resistance against government tyranny. The best way to resist tyranny is to allow private ownership of the same weapons our military uses.

The big difference between the Swiss and the US is that in Switzerland the citizens are the military. Their entire army is a militia, albeit it very well organized. If you ask them whether they fear a tyrannical government, the question seems sort of strange to them - it's like asking if they fear the butcher or the school principal or the youth pastor. They see each other at work, at church, and on the ski slopes. They compete on the range twice a year, and the company commander owns the dairy. What do you mean, "do I fear the government? I am the government."

Here are just a few anecdotes about Swiss life:

1. My parents were drinking coffee at a table on the sidewalk in Bern when the President of the Confederation walked by, alone. They recognized him, stopped him, and he sat and chatted with them a few minutes before going on to the Parliament house to do some politics.

2. One summer my family and I rented an apartment in the mountains from a Swiss guy. He and his wife lived on the upper floors of the house. I came back from a stroll through the village, and the guy was pulling weeds from his lettuce patch. We chatted a few minutes, then he checked his watch and said he had to go. He reached for his fully automatic rifle leaning against the wall next to a hoe and a shovel, strapped it on his back, and went to the range for practice. His hands were still dirty. All that day we heard automatic fire somewhere in the mountains.

3. A friend of mine invited us to his farm for a few days, and we got a tour of his dairy. Past the milking area and the copper kettles was a concrete door about a foot thick. He showed me through, and inside was a really big gun on a gimbal, a ballistics computer, and racks of shells that looked about 3 inches in diameter. A tunnel led who-knows-where. He cranked up a set of thick steel shutters, and then pushed open a pair of wooden barn doors. From the outside, it looked just like a barn until you opened those doors. There was hay in the loft over the gun. If this guy went postal, he could obliterate the village across the valley.

4. I can't tell you how many times I've seen kids walking down the street, driving their mopeds, or riding a train with fully automatic rifles strapped across their backs.

5. A few years ago the Federal government started reintroducing wolves in the mountains. Pretty soon, people started losing sheep, goats, and calves. Pretty soon thereafter, they started finding dead wolves. Federal law requires the Cantonal (State) police chiefs to protect endangered species and prosecute those who shoot wolves. When asked on TV what he was going to do about people killing these wolves, the chief of police of the Canton of Bern said "Nothing. We didn't ask the federal government to introduce these wolves, and I'm not going to prosecute farmers who are protecting their flocks."

When the citizens themselves are responsible for the defense of their nation, when there is no standing army or "special" militia, the citizens have a completely different sense of their standing in the community. They have no reason to fear a tyrannical government.

They are the government.
 

thorkyl

Regular Member
Joined
Jun 25, 2008
Messages
14
Location
Alvin, Texas, USA
imported post

If all Hell breaks loose here I am going to become Swiss...
They are the prime example of "An armed society is a polite society"


LeagueOf1291 wrote:
like_the_roman wrote:
1. The Swiss government routinely sells surplus machine guns, submachine guns, anti-tank weapons, anti-aircraft guns, howitzers and cannons to its own citizens with no problems (though they must get an easily obtained license from their canton of residence to purchase.)

2. I work with ex-cons every day. The half-dozen or so I know personally are great people who just made mistakes and should have had their 2A rights restored upon release. Two of them have been robbed and one beat up since their release and had no ability to defend themselves in those incidents. I would have no problem with allowing ex-cons to be armed. Besides, if a man cannot be trusted with a gun, they shouldn't let him out of prison in the first place.

3. I understand the idea of the Second Amendment - resistance against government tyranny. The best way to resist tyranny is to allow private ownership of the same weapons our military uses.

The big difference between the Swiss and the US is that in Switzerland the citizens are the military. Their entire army is a militia, albeit it very well organized. If you ask them whether they fear a tyrannical government, the question seems sort of strange to them - it's like asking if they fear the butcher or the school principal or the youth pastor. They see each other at work, at church, and on the ski slopes. They compete on the range twice a year, and the company commander owns the dairy. What do you mean, "do I fear the government? I am the government."

Here are just a few anecdotes about Swiss life:

1. My parents were drinking coffee at a table on the sidewalk in Bern when the President of the Confederation walked by, alone. They recognized him, stopped him, and he sat and chatted with them a few minutes before going on to the Parliament house to do some politics.

2. One summer my family and I rented an apartment in the mountains from a Swiss guy. He and his wife lived on the upper floors of the house. I came back from a stroll through the village, and the guy was pulling weeds from his lettuce patch. We chatted a few minutes, then he checked his watch and said he had to go. He reached for his fully automatic rifle leaning against the wall next to a hoe and a shovel, strapped it on his back, and went to the range for practice. His hands were still dirty. All that day we heard automatic fire somewhere in the mountains.

3. A friend of mine invited us to his farm for a few days, and we got a tour of his dairy. Past the milking area and the copper kettles was a concrete door about a foot thick. He showed me through, and inside was a really big gun on a gimbal, a ballistics computer, and racks of shells that looked about 3 inches in diameter. A tunnel led who-knows-where. He cranked up a set of thick steel shutters, and then pushed open a pair of wooden barn doors. From the outside, it looked just like a barn until you opened those doors. There was hay in the loft over the gun. If this guy went postal, he could obliterate the village across the valley.

4. I can't tell you how many times I've seen kids walking down the street, driving their mopeds, or riding a train with fully automatic rifles strapped across their backs.

5. A few years ago the Federal government started reintroducing wolves in the mountains. Pretty soon, people started losing sheep, goats, and calves. Pretty soon thereafter, they started finding dead wolves. Federal law requires the Cantonal (State) police chiefs to protect endangered species and prosecute those who shoot wolves. When asked on TV what he was going to do about people killing these wolves, the chief of police of the Canton of Bern said "Nothing. We didn't ask the federal government to introduce these wolves, and I'm not going to prosecute farmers who are protecting their flocks."

When the citizens themselves are responsible for the defense of their nation, when there is no standing army or "special" militia, the citizens have a completely different sense of their standing in the community. They have no reason to fear a tyrannical government.

They are the government.
 

Legba

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Good luck becoming fully "Swiss" any time soon. You can move there easily enough, but it takes rather a long time to qualify for citizenship as a naturalized foreigner. Sounds nice otherwise, though.

-ljp
 

LeagueOf1291

Regular Member
Joined
Feb 25, 2007
Messages
328
Location
Buffalo Valley, Tennessee, USA
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Choose carefully where you set up residence. Tax rates are determined by each Canton, and they vary widely. A few have entirely eliminated gift and death taxes.

And the coolest thing of all -- you can negotiate your rate with the Canton. They'll actually compete with other Cantons to have you live there.

Watch out for the more socialist Cantons, specifically the French-speaking ones. They have a "fortune" tax, where they tax your net worth annually, and they also have "imputed rental income" if you own your house, where they determine the rental value you're not paying, and stick you with that as income.
 

LeagueOf1291

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Joined
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Messages
328
Location
Buffalo Valley, Tennessee, USA
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Alwayspacking wrote:
I never hear anyone say anything about carrying a pistol outside of their home, I am disappointed in that.

It's not as common in Switzerland as it is here. In some Cantons it's easier than others to get a concealed carry permit, but most people who carry a handgun don't bother -- they just do it. The idea is that you won't get in trouble if you don't cause trouble.
 

Skeptic

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Goochland, Virginia, USA
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I wasn't sure how to vote, because I am not exactly jumping for joy - far from it. but I also don't think it didn't go far enough, because it was based on the case that it had before it. And I am also not disapointed, it is better than i expected in fact.

I am realistic that it is but a small step, but with the case that was being ruled on, it was just about the best they could have ruled and maintained judicial restraint.
 

BillMCyrus

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Lancaster County, PA
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Self defense was not specified as to whether it was defense from criminals or the government, so the right of revolution and repulsion of tyrrany still stands. I for one am unsatisfied with them not including self defense outside the home as being equally fundamental.
 

Skeptic

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BillMCyrus wrote:
I for one am unsatisfied with them not including self defense outside the home as being equally fundamental.
Why would you be unsatisfied for not raising a point that was not part of the case being argued?

Heller specifically wanted a gun to keep and use at home.
 

PT111

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Location
, South Carolina, USA
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Skeptic wrote:
BillMCyrus wrote:
I for one am unsatisfied with them not including self defense outside the home as being equally fundamental.
Why would you be unsatisfied for not raising a point that was not part of the case being argued?

Heller specifically wanted a gun to keep and use at home.

i think they went a little beyond what Heller had asked them to decide in the comments but as you say what was brought before them was very narrow. They answered some fundemental questions that will lead to many more lawsuits and decisions. Iexpected that few would be satisfied with their ruling as the real problem was they were asked to rule on. The case could have been much broader but then there was the chance that it could have backfired. I as suprised that so many thought it would be a slam dunk and near unanimous decision.

The key points are that they ruled for the right to have a gun and left reasonable restrictions in place. The reasonable restrictions is why many are upset. They ruled only in the home and that is what was asked. They did no rule against outside the home and left it open, in my mind a favorable opening. Anothe key point was the arbritrary restrictions. This is much bigger than anyone is giving notice to and can easily be applied to may issue states for CCW.

All together I was pleased with the ruling and expected nothing more that what was ruled on. The one problem is for the next case who will be ruling on it?
 

John

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The ruling that was made was exactly what I expected. It is, in my opinion, very weak, but it does establish the individual right to bear arms. It is progress, but slow. At this point, heading in the right direction is good enough.
 

Doug Huffman

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c. Meaning of the Operative Clause. Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. (page 19)
Scanning the contexts where 'confrontation' is used, I see no limitation on confrontation to the home. The dissent certainly envisions confrontation as occurring in the home but also would restrict arms to the home.

With humans' cloudy crystal ball as a window to the future, the only way one may be assured of carrying a weapon in case of confrontation is to always be armed. Like an umbrella, better to not need it and have it than to need it and not have it.
 

HerbM

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The more I read and re-read Heller the better I like it.

There is practically nothing that could have been improved in the DECISION, as opposed to the hints on subjects that were not addressed.

Remember, hints aren't binding, neither is that idiotic (and just erronious minority opionion that just failed to get even the facts correct -- no matter what our opinion of their reasoning might be.)

Of course, automatic rifles are ok. The "militia phrase" sets the context that requires AT LEAST the protection of those arms normally issued to the individual infrantryman or the (paramilitary) police officer.

It's right there in the opinion too:

Majority Opinion DC v Heller, page 8:
Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
All bearable arms.

There is no quibble there. That is without qualification.

And although it didn't addess incorporation in the ruling that is was made evident in that a natural and fundamental right must be enforced by the states.

Already two or three Illinois cities have given up and suspended their gun bans for homes.


Individual, natural and fundamental right, extends to all bearable arms.

What more could you want given the scope of this case? What specific words would you change in the DECISION (not the hints and mere dicta.)

That is far beyond what we hoped -- and even beyond what most of us saw on first reading.
 
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