imported post
dms wrote:
In a political science class I had, my professor made the point that one of the fundamental principles of the 2nd am. was a furthering of the system of checks and balances. That to say this; The founding fathers wanted the citizens to have the ability to violently overthrow the government if and when it ran amok. (I do not personally advocate this action.) Therefore why would the people we are supposed to use the guns against (theoretically) be able to regulate how we are to use them?
I hope I dont sound crazy, I just found the disscusion interesting, and thought that y'all might too.
No. the states also may not regulate the Right to Keep and Bear Arms if those regulations cannot pass the Strict Scrutiny test, if those regulation are to remain Constitutional.
This was actually contained in the Privilegees and Immunities class but since that was ignored by the Court the 14th Amendment was specifically worded to rectify this problem.
This is the same test (Strict Scrutiny) that prevents a state from "regulating" other fundamental rights such as by enacting 'poll taxes' or 'reading tests' or any other method that is used to effectively prevent SOME citizens from exercising those rights.
Scrict scrutiny is a test that NO gun control law can pass. First the laws cannot be shown to be effective, second they cannot be shown provide any compelling state interest, nor can they be shown to be the least intrusive method of accomplishing any presumed benefit.
A simple and less intrusive method than NICS/Brady would be to suspend (or abrogate) the 4th Amendment rights of felons (and other prohibited persons) along with the abrogacation of their 2nd Amendent protections for the RKBA.
At least this would put the burden on those who have been afforded Due Process and found guilty or irresponsible -- and would give the police a very useful tool to use against documented drug/alcohol abusers, documented spouse abusers, documented gang members, and truly dangerous mental patients.
Over 90% of all adult murders are prior felons and /or documented drug/alcohol abusers, documented spouse abusers, or documented gang members.
The myth of the "law-abiding murderer" is just that: almost totally a myth.
See "Armed" by Kleck and Kates or the two following long quotes:
Do Guns Cause Crime? By Don B. Kates
http://hnn.us/articles/871.html
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This theory's attribution of murders to ordinary people flies in the face of 100+ years of homicide studies. These show that, far from being ordinary people, "the vast majority of persons involved in life-threatening violence have a long criminal record with many prior contacts with the justice system."4
Though only 15% of Americans have criminal records, roughly 90 percent of adult murderers have adult records, with an average career of six or more adult years, including four major felonies. Juvenile crime records are generally unavailable, but to the extent they are, juvenile killers have crime careers as extensive or more than do adult killers -- and so do their victims. Typical findings of 19th and 20th Century homicide studies: "the great majority of both perpetrators and victims of [1970s Harlem] assaults and murders had previous [adult] arrests, probably over 80% or more" as also did Savannah murderers and victims in both the 1890s and the 1990s; exclusive of all other crimes they had committed, 80% of 1997 Atlanta murder arrestees had at least one prior drug offense with 70% having 3 or more prior drug offenses;5 1960s-'70s Philadelphia "victims as well as offenders, finally, tended to be people with prior police records, usually for violent crimes such as assault, and both had typically been drinking at the time of the fatal encounter."6
Research beyond police records further documents the aberrance of murderers. Thus: in psychological studies 80-100% of juveniles who kill are psychotic or have psychotic symptoms7; though only 75% of Massachusetts domestic murderers in 1991-95 "had a prior [adult] criminal history," 23.6% "were under an active restraining order at the time of the homicide. Forty percent of perpetrators had a history of having been under a restraining order at some time prior to the homicide, taken out by the victim or some other person."8
Typical of "acquaintance homicides" in general are: drug dealers killed by competitors or customers; gang members killed by members of the same or rival gangs; and women killed by brutal, predatory men. Studies analyzing "family homicides" demonstrate that these are not ordinary families; e.g., "intrafamily homicide is typically just one episode in a long standing syndrome of violence." -- "The overriding theme to emerge from these cases was that [domestic] partner homicide is most often the final outcome of chronic women battering."9
In sum, it cannot be true that possession of firearms causes ordinary people to murder -- for murderers are virtually never ordinary, but rather are extreme aberrants with life histories of crime, psychopathology and/or substance abuse.
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Reason Magazine: Beyond Fear and Loathing
Abigail A. Kohn
http://www.reason.com/contrib/show/285.xml
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When the Department
of Justice issues a public statement that the Second Amendment protects an
individual right to own a gun, when 35 states pass nondiscretionary carry
permit laws, when New York Times columnist Nicholas Kristof declares
that "gun control is dead," you know the gun debate is over.
...
Access to juvenile records would almost certainly show that the criminal careers of
murderers stretch back into their adolescence. In Murder in America (1994), the
criminologists Ronald W. Holmes and Stephen T. Holmes report that murderers generally
"have histories of committing personal violence in childhood, against other children,
siblings, and small animals." Murderers who don't have criminal records usually have
histories of psychiatric treatment or domestic violence that did not lead to arrest.
Contrary to the impression fostered by Rosenberg and other opponents of gun ownership,
the term "acquaintance homicide" does not mean killings that stem from ordinary family or
neighborhood arguments. Typical acquaintance homicides include: an abusive man
eventually killing a woman he has repeatedly assaulted; a drug user killing a dealer (or vice
versa) in a robbery attempt; and gang members, drug dealers, and other criminals killing
each other for reasons of economic rivalry or personal pique. According to a 1993 article in
the Journal of Trauma, 80 percent of murders in Washington, D.C., are related to the drug
trade, while "84% of [Philadelphia murder] victims in 1990 had antemortem drug use or
criminal history." A 1994 article in The New England Journal of Medicine reported that 71
percent of Los Angeles children and adolescents injured in drive-by shootings "were
documented members of violent street gangs." And University of North Carolina-Charlotte
criminal justice scholars Richard Lumb and Paul C. Friday report that 71 percent of adult
gunshot wound victims in Charlotte have criminal records.
As the English gun control analyst Colin Greenwood has noted, in any society there are
always enough guns available, legally or illegally, to arm the violent. The true determinant
of violence is the number of violent people, not the availability of a particular weapon.
Guns contribute to murder in the trivial sense that they help violent people kill. But owning
guns does not turn responsible, law-abiding people into killers. If the general availability of
guns were as important a factor in violence as the CDC implies, the vast increase in firearm
ownership during the past two decades should have led to a vast increase in homicide. The
CDC suggested just that in a 1989 report to Congress, where it asserted that "
ince the
early 1970s the year-to-year fluctuations in firearm availability has [sic] paralleled the
numbers of homicides."
But this correlation was a fabrication: While the number of handguns rose 69 percent from
1974 to 1988, handgun murders actually dropped by 27 percent. Moreover, as U.S.
handgun ownership more than doubled from the early 1970s through the 1990s, homicides
held constant or declined for every major population group except young urban black men.
The CDC can blame the homicide surge in this group on guns only by ignoring a crucial
point: Gun ownership is far less common among urban blacks than among whites or rural
blacks.
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