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re: Non-Sports: Gun Bill Would Curb U.S. Firearm Laws in Arkansas

Posted on 1/14/13 at 10:05 am to
Posted by troyt37
Member since Mar 2008
13355 posts
Posted on 1/14/13 at 10:05 am to
quote:

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.


So, you be sure to let us know when they ammend the constitution to say something other than:

Amendment 2 - Right to Bear Arms. Ratified 12/15/1791.
A well regulated Militia, being necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed.
Posted by Stonehog
Platinum Rewards Club
Member since Aug 2011
33377 posts
Posted on 1/14/13 at 10:10 am to
quote:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


Key phrase right there.
Posted by troyt37
Member since Mar 2008
13355 posts
Posted on 1/14/13 at 10:25 am to
quote:

Key phrase right there.


Yes it is. If you think it means the military, you should think again. Read Federalist paper #29, Alexander Hamilton and many others explain clearly that the militia is the people.
Posted by LAHawk
Jennings, LA
Member since Dec 2012
91 posts
Posted on 1/14/13 at 10:35 am to
The government will get us under the table with ammo taxes and such before they actually get serious about taking our guns.

There is talk of a 500% increase of taxes on ammunition. They will get us with small steps, hi cap clips, ammo cost, etc, and then go for the actual gun controls.
Posted by Stonehog
Platinum Rewards Club
Member since Aug 2011
33377 posts
Posted on 1/14/13 at 10:40 am to
quote:

the militia is the people


How is 'the people' a well regulated militia?
Posted by troyt37
Member since Mar 2008
13355 posts
Posted on 1/14/13 at 10:59 am to
quote:

How is 'the people' a well regulated militia?


If you don't know, the you are the one who needs to educate yourself. I would start with the Federalist papers. The writings of Alexander Hamilton and Thomas Jefferson will also be helpful. Here is an excerpt from the Militia Act. You might want to educate yourself on the founding fathers' definition of "well regulated."

The Militia Act of 1792, Passed May 8, 1792, providing federal standards for the organization of the Militia.

An ACT more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States.

I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

Posted by Stonehog
Platinum Rewards Club
Member since Aug 2011
33377 posts
Posted on 1/14/13 at 11:06 am to
Ok. I think that giant paragraph about muskets and gunpowder is a little out dated.
Posted by troyt37
Member since Mar 2008
13355 posts
Posted on 1/14/13 at 11:28 am to
quote:

Ok. I think that giant paragraph about muskets and gunpowder is a little out dated.


Well, if it is not worth the time and effort to read and understand, don't worry about it.
Posted by Killean
Port Charlotte, FL
Member since Nov 2010
4669 posts
Posted on 1/14/13 at 11:46 am to
It's pretty simple.


Did the supreme court rule the Brady Bill, the earlier assault weapons ban or the high capacity magazine ban unconstitutional?

No, they didn't.









There is an unequivocal need for weapons regulation. All we're doing is quibbling about where.


If you don't think there is need for weapons regulation, think about your neighbor owning a nuclear weapon.
Posted by Hog on the Hill
AR
Member since Jun 2009
13389 posts
Posted on 1/14/13 at 11:51 am to
I'm sorry, but the Militia Act of 1792 is completely irrelevant in today's world. Are you seriously suggesting otherwise?

It calls for free, able-bodied white males to enroll with a Captain/CO of their local militia. The United States of today is so totally different from what it was in 1792--trying to apply those prescriptions to our country today is just ludicrous.

That's a reeeaallly big reach.

edit: BRB I need to go enroll with my local militia and get a flintlock, since I'm appropriately aged, able-bodied, and not dark-skinned.
This post was edited on 1/14/13 at 11:54 am
Posted by SLC
Hiwasse, AR
Member since Oct 2007
15522 posts
Posted on 1/14/13 at 12:34 pm to
The Supremacy Clause does not invalidate the Bill of Rights which includes the 2nd Amendment. In adddition, no law is meaningful unless the government can use it's police power to enforce it. When you have that many states outright opposing a law I question how the Feds will successfully enforce it. They don't have enough US Marshalls, FBI, ATF, etc.... to cover it without cooperation from the states. It will be interesting to see it unfold, hopefully we won't have to become active participants.

I anticipate we'll see something akin to AR's point, the laws that result will require stricter licensing and transparency and be much more expensive. JMHO, guess we'll see how it shakes out.

Posted by SLC
Hiwasse, AR
Member since Oct 2007
15522 posts
Posted on 1/14/13 at 12:52 pm to
Does anyone else think that the firearms debate is a red herring to take attention away from other issues?
Posted by whataboar
Little Rock, Ark.
Member since Sep 2009
479 posts
Posted on 1/14/13 at 12:56 pm to
quote:

It will be interesting to see it unfold, hopefully we won't have to become active participants.

I anticipate we'll see something akin to AR's point, the laws that result will require stricter licensing and transparency and be much more expensive. JMHO, guess we'll see how it shakes out.



Good points all around. I don't think that any laws like this will get passed, because I don't think that a majority of Arkansas legislators will want to become active participants in something like that, even with the new makeup of the Ark Leg.

To me introducing something like this is just something to bring back to your base, even if you don't get it past committee. You can campaign that you were for a lost cause.

Anyway, the whole argument is framed in a bad way. Most gun owners feel like they're being implicated for gun deaths. They shouldn't be, and even my bleeding heart knows that. Guns are here to stay, so the argument is one that won't get us anywhere. The discussion should be about how we can reduce the numbers of gun deaths and how we can make sure that only certified and responsible people have access to firearms. Having a pissing contest about the intentions of the founding fathers isn't going to solve that problem, really.
Posted by Killean
Port Charlotte, FL
Member since Nov 2010
4669 posts
Posted on 1/14/13 at 1:24 pm to
quote:

The 2013 Wyoming bill says any federal ban on semi-automatic firearms or the size of a magazine or “other limitations on firearms” would be unenforceable in that state.

The three-page Wyoming measure also would impose felony penalties on U.S. agents attempting to enforce federal gun laws in the state.



When we're talking about the supremacy clause we're referring to bills like this.

Even Scalia would tell a state legislature to take a flying frick if they tried to do something like this.
Posted by Ronaldo Burgundiaz
NWA
Member since Jan 2012
6575 posts
Posted on 1/14/13 at 2:00 pm to
Stop being obtuse. You wanted to know what they meant by "well-regulated militia" and you got it.
Posted by Ronaldo Burgundiaz
NWA
Member since Jan 2012
6575 posts
Posted on 1/14/13 at 2:01 pm to
Bonus information:

LINK

quote:

There’s no need to waste taxpayer money on such a study as the FBI already tracks this information. In 2011, there were 12,664 people slain in the United States. The top weapons of choice were: handguns (6,620), knives (1,694) and fists or feet (728). Although the White House wants to ban rifles with certain “military-style” features, rifles of every type were used in just 323 homicides.
Posted by Ronaldo Burgundiaz
NWA
Member since Jan 2012
6575 posts
Posted on 1/14/13 at 2:06 pm to
quote:

Does anyone else think that the firearms debate is a red herring to take attention away from other issues?
YUP
Posted by cigsmcgee
LR
Member since May 2012
5233 posts
Posted on 1/14/13 at 2:53 pm to
quote:

Stop being obtuse. You wanted to know what they meant by "well-regulated militia" and you got it.


actually, he wanted to know how we went from a regulated militia to an unregulated munitions industry.
Posted by Stonehog
Platinum Rewards Club
Member since Aug 2011
33377 posts
Posted on 1/14/13 at 2:57 pm to
Thanks cuz, well stated.
Posted by cigsmcgee
LR
Member since May 2012
5233 posts
Posted on 1/14/13 at 3:02 pm to
gotta keep this shite real, blood.
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