Ninth Circuit holds Second Amendment secures a right to carry a gun

buster2010

If people want to exercise the right to carry arms they just need to form a militia.

They are a militia. 10USC311:

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

You're the unorganized militia, unless you're in the Guard, then you're in the organized militia. That's how they can draft you. No Militia Act, no draft.

Bedlam


You're the unorganized militia, unless you're in the Guard, then you're in the organized militia. That's how they can draft you. No Militia Act, no draft.

Yeah, scary that he would be in the Militia.

macman
reply to post by drneville

 

Oh.....The US should care about what other countries think, in regards to our 2nd Amendment?

Yeah, let me get right on that.

No, the US is just doing fine...
How many innocent people are murdered because of your 2nd Amendment (easy gun ownership)
But that's your culture, over here they just can grasp the fact that there is still a country in the 21th century that allows people to walk around with a gun.

I would be suprised if in about 10 years time you will still be allowed to carry in most states.

No hard feelings of course

buster2010

bigfatfurrytexan
reply to post by buster2010

 

HA!

Buster, do you just make this stuff up, thinking no one knows you are full of it?

Maybe you can get someone to read the constitution to you at a level you can understand. Even the link wrabbit posted backed up what I said.

Just because you choose to remain ignorant doesn't mean everyone else does. But then again you are from Texas so critical thinking is obviously not involved on your part.

No, you cherry picked out something you didn't understand.

The SCOTUS has ruled that to be "militia", you simply need to be an able bodied male over 18. I am militia....like all other men in this country. /your argument.

reply to post by drneville


because method of death is what matters. I mean, it is far more pleasant to die being bludgeoned with a hammer than being shot.

LOL...its always the same: people try to narrow the discussion down to "gun deaths" instead of "deaths" to falsify an argument. As if it really matters how someone kills you. And as if a hammer or knife is more pleasant to die by.

buster2010
Just because you choose to remain ignorant doesn't mean everyone else does. But then again you are from Texas so critical thinking is obviously not involved on your part.

This outs you for what you are.

To believe that you are better than another person because of where you live, or where you are born, or any other such thing, is the exact same as racism. Its why gun laws won't change: in lieu of solid discussion, gun control advocates resort to name calling and insults. Because you have no cards to play.

bigfatfurrytexan
reply to post by drneville

 

because method of death is what matters. I mean, it is far more pleasant to die being bludgeoned with a hammer than being shot.

LOL...its always the same: people try to narrow the discussion down to "gun deaths" instead of "deaths" to falsify an argument. As if it really matters how someone kills you. And as if a hammer or knife is more pleasant to die by.

Ah.. the hammer and the knife reply,
Shooting a person requires no special skills, stand 30 feet away, aim and pull te trigger.
Now you try to kill a full grown man with a knife or a hammer, hand to hand combat, many (believe me) would think twice about it.
Kind of a lame comparison...

reply to post by drneville


yet murder rates are quite similar....

go figure.

bigfatfurrytexan
reply to post by drneville

 

yet murder rates are quite similar....

go figure.

Now is it...

Murder Weapons 2011

Guns 68%
Knives 13%
Blunt Objects 4%
Personal Weapons 6%

I'm sure this has changed a lot in 2 years time

www.gunfaq.org...

reply to post by drneville


and we are right back to the whole, "You are narrowing down method of murder as if that was somehow relevant".

Murders in the US are slightly higher than Europe. If you remove the more violent/less educated southern states, it is remarkably spot on with Canada and EU.

reply to post by buster2010


I went back and reread your post.

The ninth circuit court misunderstands the second amendment. The supreme court ruled a person has a right to bear arms to defend their home but not the right to carry a gun. That right belongs only to a well regulated militia.

The Heller and then McDonald case both helped to put to bed, permanently and beyond any possible question...the right to carry or bear arms has *NO* connection of any sort, in any form to the formation of an "organized militia" outside or or in addition to the militia formed by all people of age and legal to possess firearms in the United States. (the wording is a hair different, but restated more than one time and place, too).

The cases you cited are cited in Heller as specifically not contradicting or interfering with the interpretation by the Heller decision that it is wholly and entirely a right of the individual citizen.

It can be spun any way people want to spin it, but the two cases together formed the end or any legal basis to challenge the right of an individual American to own and bear arms. Period.

What it left open and what will take many years to fully sort out is where the line is between 155mm howitzer (Which is functionally little more than a BIG gun) and a .22 squirrel gun. That has worlds to go in sorting out.

As the 9th circuit just showed though, even "May Issue" as a restriction to the right of an individual to carry their firearm isn't reasonable in a state like California, of all places....making the overall intent of the court and very recent precedents clear, in my humble opinion, and of course, said in my own words.

drneville

How many innocent people are murdered because of your 2nd Amendment (easy gun ownership)

Actually 0.


How many people have died at the hands of a criminal, who is a criminal by nature and in turn, doesn't follow the laws???

Lots.


What be your point again???

drneville

Shooting a person requires no special skills, stand 30 feet away, aim and pull te trigger.

Ahhhhh, okay then. The ignorant comment of the day goes to you.


I guess that is why EVERYONE and their mother can shoot. Not just shoot, but shoot well to not require any special skill to do so.

macman

drneville

How many innocent people are murdered because of your 2nd Amendment (easy gun ownership)

Actually 0.


How many people have died at the hands of a criminal, who is a criminal by nature and in turn, doesn't follow the laws???

Lots.


What be your point again???

Okay, i'll send the message to the parents of those school kids that lost there lives at the multiple school shootings over the years in your country, with REGISTERED guns.
My Bad...

macman

drneville

Shooting a person requires no special skills, stand 30 feet away, aim and pull te trigger.

Ahhhhh, okay then. The ignorant comment of the day goes to you.


I guess that is why EVERYONE and their mother can shoot. Not just shoot, but shoot well to not require any special skill to do so.

yep...
You jus hold da gun over yo head sideways and pull da trigger.
Instant hits... no experience or aiming necessary.

OMG. Ha ha ha ha!

You hit the nail on the head..... Ignorant.

reply to post by drneville


Dont forget all the kids, husbands, wives, and animals killed by our LEO with THEIR registered guns....

drneville

macman

drneville

How many innocent people are murdered because of your 2nd Amendment (easy gun ownership)

Actually 0.


How many people have died at the hands of a criminal, who is a criminal by nature and in turn, doesn't follow the laws???

Lots.


What be your point again???

Okay, i'll send the message to the parents of those school kids that lost there lives at the multiple school shootings over the years in your country, with REGISTERED guns.
My Bad...

Registered guns or not.... you point out crimes.... committed by criminals.

reply to post by butcherguy


934 people have died in mass shootings over the past seven years, the USA TODAY analysis shows.
In the 71 shootings that involved someone killing his or her family members, 376 victims died.
Most of those killings occurred at home.
Dozens more were killed by acquaintances, neighbors and co-workers.

Criminals ???

drneville
reply to post by butcherguy

 

934 people have died in mass shootings over the past seven years, the USA TODAY analysis shows.
In the 71 shootings that involved someone killing his or her family members, 376 victims died.
Most of those killings occurred at home.
Dozens more were killed by acquaintances, neighbors and co-workers.

Criminals ???

Sorry to do this, but DUH.
You are giving us examples of Murder.... which is a Crime.

Murderers are criminals.

So in answer to your question.....

Yes... CRIMINALS.

reply to post by drneville


Oh good hell.

So, the legal guns just up and shot themselves huh.

Noooooo. The person, known as the criminal, made the decision to commit crime.
Seems that WE already have laws in place that strictly prohibit this. You know, killing of another person. Yet, for some odd reason, the criminal doesn't adhere to the law, and does what ever they want.

So yeah, what we need really is MORE laws on the books, because after-all, since the first ones aren't working, we definitely need new ones.


And again, the people were not killed BECAUSE of our right to Bear Arms. They were killed because a criminal committed a crime.


But, since places like England have very strict gun laws, that in turn means that ALL gun related crime is non-existent.