March For Our Lives

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Bicycle Bill
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Re: March For Our Lives

Post by Bicycle Bill »

It has always been possible — as opposed to *NOT* being possible, under any circumstances whatsoever — to ban firearms, regardless of what it says in the Second Amendment.  All it would take would be enough support across 2/3 of Congress to bring an amendment to modify the existing language (or even strike down the amendment entirely) before the people for ratification by the voting public in 3/4 of the states.

*WILL* it ever happen?  Probably not.  But keep in mind that at least five of the 27 current amendments to the US Constitution (13th, 15th, 19th, and 26th) *HAVE* been enacted specifically to address/clarify ambiguous language in the original document or (as in the 21st) to nullify a previously-ratified amendment.

So where — and when — there is sufficient desire, there is a way.
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Darren
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Re: March For Our Lives

Post by Darren »

Possible but not probable. There will have to be a lot more blue states for that to happen. What's the chance of a majority of rural areas in red states turning blue? Trump's election makes a strong case for the power of the red state populations.
Thank you RBG wherever you are!

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Econoline
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Re: March For Our Lives

Post by Econoline »

I agree; there's approximately ZERO chance of the Second Amendment being repealed or amended, if for no other reason than the fact that such action has ZERO support from anyone in either house of Congress (as I pointed out a few posts up). And while I think that the SC's decision giving the right to keep & bear arms to people in general (rather than members of militias) is wrong, I don't see any chance of that decision being overturned or reconsidered in the foreseeable future.

What that leaves is the phrase "well regulated"...which most legal experts--including conservative SC justices--agree means that most if not all of the "common sense" regulations proposed in the wake of the Parkland shootings would be completely legal and completely constitutional.

So while don't we just get 'er done?


P.S. So...the only part of the list rubato posted that you and those red states would object to is the "Inspections" part of "Renewals and Inspections at Intervals"? Fine. Just cross out the words "and Inspections" and I'm fine with all of what's left. I would only add additional training and licensing requirements for users of semi-automatic weapons (analogous to additional training and licensing requirements for drivers of large commercial vehicles).
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rubato
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Re: March For Our Lives

Post by rubato »

We could have different levels of training and licensure based on the type of weapon. IIR back more than 30 years ago Japan gave increasingly difficult tests for motorcycles with greater displacement. Don't know if it is still true.

And we have more sensible regulations for cars and driving because the auto club does not run in circles screaming hysterically that the government is going to take away our cars and put drivers in concentration camps.

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Crackpot
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Re: March For Our Lives

Post by Crackpot »

You obviously don’t listen to insurance and helmet law debates.
Okay... There's all kinds of things wrong with what you just said.

Darren
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Re: March For Our Lives

Post by Darren »

Crackpot wrote:You obviously don’t listen to insurance and helmet law debates.
You're correct. I missed the requirement for a constitutional amendment to enable those laws. Please tell me about it.
Thank you RBG wherever you are!

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Crackpot
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Re: March For Our Lives

Post by Crackpot »

What in God’s name made you think that was directed to you?!
Okay... There's all kinds of things wrong with what you just said.

rubato
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Re: March For Our Lives

Post by rubato »

Crackpot wrote:You obviously don’t listen to insurance and helmet law debates.
That actually reinforces my case. The auto clubs have not opposed those laws nor said they were part of a slippery slope towards confiscation. The laws are in place. If there are still a few nutjobs who oppose them I have no interest in listening to them.


yrs,
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Crackpot
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Re: March For Our Lives

Post by Crackpot »

Yeah those lone nutcases like the insurance companies. :roll:
Okay... There's all kinds of things wrong with what you just said.

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Scooter
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Re: March For Our Lives

Post by Scooter »

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Sue U
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Re: March For Our Lives

Post by Sue U »

Crackpot wrote:Yeah those lone nutcases like the insurance companies. :roll:
Why would insurance companies be opposed to mandatory firearms insurance? It would instantly create a brand new and highly profitable line of business for them.
GAH!

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Crackpot
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Re: March For Our Lives

Post by Crackpot »

As long as they don’t have to pay out thier collections nothing.
Okay... There's all kinds of things wrong with what you just said.

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Sue U
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Re: March For Our Lives

Post by Sue U »

Crackpot wrote:As long as they don’t have to pay out thier collections nothing.
Since when has an insurer ever paid out their premium collections? (Okay, Meade, shut up about mutual insurance companies.) You ever heard of policy limits? Put a million dollar cap on payouts, charge $100/month per weapon in insurance premiums and you have just made the insurance industry tens of billions of dollars in annual profit.
Econoline wrote:I've got to think that calls for repeal of the 2nd Amendment (by Sue, Justice Stevens, Wonkette, Rolling Stone & others—notably *NOT* including the Marjory Stoneman Douglas HS survivors, as Prof. Tribe points out) are more about moving the Overton window than about any realistic attempt to actually amend the Constitution.
I can't speak for anyone else, but I have been calling for outright repeal of the Second Amendment since Sandy Hook, when it finally became glaringly obvious that complete repeal and highly restricted access to firearms is the only rational course for any sane society. I am not trying to move any window; I mean exactly what I say. It is morally perverse and objectively stupid to constitutionally enshrine an individual "right" to gun ownership in 21st Century America in light of the consequences. As the Supreme Court pointed out in Heller, the Second Amendment is the fundamental impediment to enacting the common-sense gun restrictions that EVERY OTHER DEMOCRACY IN THE WESTERN WORLD has. This shouldn't even be a debate, but there's is something seriously disordered about American culture and guns.
GAH!

Big RR
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Re: March For Our Lives

Post by Big RR »

sue--other than an increase payments to insurance companies, what would mandating insurance on firearms do? Right now, those injured would be covered by the owner's general liability policy (homeowners or renters) except when the injuries are intentional (as they would be in most shootings) or if the guns are stolen or otherwise used without the owner's permission (perhaps there are some exceptions for guns improperly secured). If the gun is insured, I would imagine the same exceptions would apply, just as they do to our automobile liability insurance (at least in the states I am aware of).

Perhaps we could mandate a no fault insurance for medical expenses, but I am unaware of other situations where that coverage is mandated or available except in auto insurance in no fault states.

A better solution would be to set up a nationwide liability compensation system, funded by a tax on guns and related sales which could be used to compensate those who are injured by gun violence, but I wouldn't hold my breath of that passing.

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Econoline
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Re: March For Our Lives

Post by Econoline »

Sue U wrote:I can't speak for anyone else, but I have been calling for outright repeal of the Second Amendment since Sandy Hook, when it finally became glaringly obvious that complete repeal and highly restricted access to firearms is the only rational course for any sane society. I am not trying to move any window; I mean exactly what I say. It is morally perverse and objectively stupid to constitutionally enshrine an individual "right" to gun ownership in 21st Century America in light of the consequences. As the Supreme Court pointed out in Heller, the Second Amendment is the fundamental impediment to enacting the common-sense gun restrictions that EVERY OTHER DEMOCRACY IN THE WESTERN WORLD has. This shouldn't even be a debate, but there's is something seriously disordered about American culture and guns.
  • Ain't.
  • Gonna.
  • Happen. . . . . . . . . . .(<-- Yeah, bullet points ;) )
But if we start *REGULATING* our *"MILITIAS"* really really *WELL* (as allowed by the existing Constitution and Bill of Rights) we can accomplish most of what we need without attempting the impossible task of getting significant numbers of Republican congresscritters and red-state legislators on board. (As the Supreme Court also pointed out in Heller.)
People who are wrong are just as sure they're right as people who are right. The only difference is, they're wrong.
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Crackpot
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Re: March For Our Lives

Post by Crackpot »

Sue U wrote:
Crackpot wrote:As long as they don’t have to pay out thier collections nothing.
Since when has an insurer ever paid out their premium collections? (Okay, Meade, shut up about mutual insurance companies.) You ever heard of policy limits? Put a million dollar cap on payouts, charge $100/month per weapon in insurance premiums and you have just made the insurance industry tens of billions of dollars in annual profit.
Econoline wrote:I've got to think that calls for repeal of the 2nd Amendment (by Sue, Justice Stevens, Wonkette, Rolling Stone & others—notably *NOT* including the Marjory Stoneman Douglas HS survivors, as Prof. Tribe points out) are more about moving the Overton window than about any realistic attempt to actually amend the Constitution.
I can't speak for anyone else, but I have been calling for outright repeal of the Second Amendment since Sandy Hook, when it finally became glaringly obvious that complete repeal and highly restricted access to firearms is the only rational course for any sane society. I am not trying to move any window; I mean exactly what I say. It is morally perverse and objectively stupid to constitutionally enshrine an individual "right" to gun ownership in 21st Century America in light of the consequences. As the Supreme Court pointed out in Heller, the Second Amendment is the fundamental impediment to enacting the common-sense gun restrictions that EVERY OTHER DEMOCRACY IN THE WESTERN WORLD has. This shouldn't even be a debate, but there's is something seriously disordered about American culture and guns.
Sue not all policies have caps. Such is the case in Michigan with our catastrophic disability automotive coverage. The insurance groups howl and complain that they are loosing money because of this but those same companies that run the fund pays for that coverage will not disclose the amount in the fund or how much is paid out. (we pay through the nose for this coverage BTW)

Note I wasn’t saying insurance may not have a place in the gun debate. I was just saying that the automotive and and insurance policy makers do not operate under a standard of reasoned and informed debate.
Okay... There's all kinds of things wrong with what you just said.

Burning Petard
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Re: March For Our Lives

Post by Burning Petard »

On the other hand, it only takes 5 Supremes to change it. It would be very reasonable to look at the US Constitution and say the framers, those divinely inspired creators of this sacred document, carefully distinguished between individual rights and collective rights by the use of the words 'person' when directing attention to individuals and the word 'people' for entireties. Thus the Second Amendment, by decree of five Justices, would strike down the evils of the NRA. Ownership of Machine guns and sneaky concealed firearms would revert to the question of who has money and political connections, the way it used to be.

snailgate

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Sue U
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Re: March For Our Lives

Post by Sue U »

Big RR wrote:sue--other than an increase payments to insurance companies, what would mandating insurance on firearms do?

***

A better solution would be to set up a nationwide liability compensation system, funded by a tax on guns and related sales which could be used to compensate those who are injured by gun violence, but I wouldn't hold my breath of that passing.
To make any meaningful reduction in gun violence, the first fundamental objective must be a meaningful reduction in the number of guns in circulation. Mandatory training, licensing, registration and insurance are all burdens and barriers to gun ownership that do not affect the dumbass "right" to own a gun. I don't really want a liability compensation system that pays for gun injuries/fatalities; I want to reduce the number of gun injuries/deaths in substantial and absolute and terms by discouraging people from owning guns in the first place. A one-time tax on sales is not sufficient; there must be recurring costs.
GAH!

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Econoline
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Re: March For Our Lives

Post by Econoline »

Burning Petard wrote:On the other hand, it only takes 5 Supremes to change it. It would be very reasonable to look at the US Constitution and say the framers, those divinely inspired creators of this sacred document, carefully distinguished between individual rights and collective rights by the use of the words 'person' when directing attention to individuals and the word 'people' for entireties. Thus the Second Amendment, by decree of five Justices, would strike down the evils of the NRA.
This seems much, much, MUCH more likely to happen than outright appeal. (And moving the Overton Window would make it even more doable.) I still don't see much chance of it happening very soon, but eventually is better than never.
Sue U wrote:Mandatory training, licensing, registration and insurance are all burdens and barriers to gun ownership that do not affect the dumbass "right" to own a gun.
Yup. And given the SC's statements on regulating firearms, all this would be doable without a constitutional amendment or a new SC ruling.
I don't really want a liability compensation system that pays for gun injuries/fatalities; I want to reduce the number of gun injuries/deaths in substantial and absolute and terms by discouraging people from owning guns in the first place.
Yup, again. And we'll have to make it clear and keep repeating over and over, ad nauseam, the obvious fact that "discouraging" is *NOT* a synonym for "banning" or "outlawing" or "confiscating".
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Big RR
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Re: March For Our Lives

Post by Big RR »

Yup, again. And we'll have to make it clear and keep repeating over and over, ad nauseam, the obvious fact that "discouraging" is *NOT* a synonym for "banning" or "outlawing" or "confiscating".
while I agree in principle, since the right to gun ownership is a fundamental right, the purpose of any law or regulation must not be stated to be discouraging people from executing those rights. Just as statutes that tended to restrict free speech (e.g. high fees for demonstration permits) were struck down, so will statutes that are primarily intended to discourage gun ownership. We will need to design statues that achieve important governmental purposes first, even if they affect the exercise of the right. IMHO, setting up a compensation system for those injured funded by a tax on sales of guns and ammo (there's your recurring costs) is a step toward doing just that. At least it's possible IMHO, repeal of the second amendment is not going to happen (at least in our lifetimes); politics is the art of the possible.

And yes, a swing in the SC vote could overrule Heller, but I would not expect that to happen anytime soon given recent appointments and the general conservatism of the court to defer to precedent.

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