Gun Control: Whose definition?

Unicorn

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[ QUOTE ]
brightnorm said:
[ QUOTE ]
Tomas said:
... it might surprise some people, but there have been actual court cases where the courts said police have absolutely no legal obligaiton to respond to calls for help.

For example:

...Warren v. District of Columbia is one of the leading cases of this type. Two women were upstairs in a townhouse when they heard their roommate, a third woman, being attacked downstairs by intruders. They phoned the police several times and were assured that officers were on the way. After about 30 minutes, when their roommate's screams had stopped, they assumed the police had finally arrived. When the two women went downstairs they saw that in fact the police never came, but the intruders were still there. As the Warren court graphically states in the opinion: "For the next fourteen hours the women were held captive, raped, robbed, beaten, forced to commit sexual acts upon each other, and made to submit to the sexual demands of their attackers." The three women sued the District of Columbia for failing to protect them, but D.C.'s highest court exonerated the District and its police, saying that it is a "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen..."

...and that's why I carry a gun.


[/ QUOTE ]

Tomas,

That is a shocker; I had no idea. So the police have an obligation to provide such services to the public in general, but not to specific citizens just because they ask for it? Is that a correct interpretation.

Brightnorm

[/ QUOTE ]

Unfortunately this is correct. Police have no obligation to protect citizens as individuals, just society as a whole. This actually has a valid reason though. Imagine the millions of lawsuits agaisnt every L.E. agency in the country. Every time some moron left his car unlocked and has his stereo stolen he'd be suing the local PD. But it does go to show that in reality you are on your own.

The only problems I have with testing requirments are that first it might put it out of reach of those who don't have a lot of money, and unfortunately, those are often the ones who need it most. Second, it's another control and once people get used to one restriction, it's easier to get another, then another, then another.

Some of the restricions pissed me off. I moved to Virginia after making the mistake of living in DC, instead of Maryland for it's easy to get concealed handgun license. Actually let's use me as an example about some of what I hate about those who want these restrictive controls. I carried a gun to protect this country (and now state), my security clearance jsut expired this year, and the only reason I can't renew it is that my unit doesn't think it's necessary so they don't want to spend the money, I was an armed security officer in Virginia (requiring both state, and federal background checks, I had to pass a NCIS check to start training at my security job at the Customs Data Center, and had to complete a background check going back 7 years to include having neighbors, bosses, co-workers, friends, etc, and a credit check. One of the background invistigators said he checked us out more than the actual employees (everyone had to do the same check who worked in that building) because we had total access and were armed. I also did some part time work armed for another company at various places. I was good enough to protect the goverment, and whoever had enough money to hire their own security (almost private police since VA armed guards have arrest authority on site, while on duty almost the same as cops). BUT I many say that I'm not trustworthy enough to protect my self or my wife. Screw them.
 

Tomas

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As to the prices charged currently for owning a firearm:

In 1968 I bought a new S&W model 39 semi-auto 9mm for just under $58 from Sargent-Sowell in Dallas (Mailorder!). My local discount gun store has today's S&W equivalent, the 3913 for $592.10 plus tax (9.8%).

Many people are already priced out.

T_sig6.gif
 

brightnorm

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Unicorn,

That is a disgraceful example of regulations run amuck and I would be furious and fed up if I had experienced what you had.

I think the fewer regulations the better but no regulations = anarchy, as you know better than most as a professional. In my post I said that the testing and follow ups should be free or very inexpensive and I said to TSG that if everyone had his background and upbringing of responsible gun ownership and citizenhood there would be little need for regulation.

I'm speaking as an Eastern urban American living in a society where the bad guys have guns and most of the good guys don't. I want the good guys to have guns, but I want to feel confident that the good guys who are carrying (I mean civilians, not professionals) are well trained and competant enough, especially in a pressure situation, that they're not going to put a round through me or a member of my family. TSG believes this can be achieved through voluntary programs and training. Maybe I'm just a skeptical old cynic, but the only way I can see this happening is through mandated training and qualification.

Brightnorm
 

Unicorn

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Brightnorm,
I understand you feelings. Really, not every schmuck should ever have control of a firearm. Some states do have the testing requirement to obtain a concealed carry permit. Maybe something similar, as long as it doesn't become like New Jersey's Firearm Owner ID card, or Ney York City's multitude of permits (one to have a gun in the house, another to transport it unloaded and locked up, to the range, yet another if you have the money and/or political connections to get a permit to carry). Also, if a person is not responsible/mature/trustworthy enough to own a gun, should they also have their driving privelages revoked? 40,000 traffic deaths a year and rising.

I almost forgot about the full auto guns. The cost is so high on those that anyone who can afford one, probably isn't going to risk their lifestyle by comitting a crime. Same thing for the .50 caliber "sniper" rifles.
 

BB

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I loved California's laws regarding Mace--Back in the early 1980's when Mace was made legal to carry, you needed a permit to carry.

If a permit holder used Mace illegally, you were subject to felony prosecution. If you were a criminal and had no permit, you were subject to a misdemeanor.

I believe that laws regulating canceled carry permits are just another method to punish the law abiding. California later removed the permit requirements for Mace.

How about those attempted regulations against civilian use of body armor that Maryland and a 1999 federal bill tried to pass.

In California, I cannot carry collapsible baton for defense--I guess civilians are not to be trusted with fancy clothes and sticks by our government.

-Bill
 

BF Hammer

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[ QUOTE ]
BB said:
In California, I cannot carry collapsible baton for defense--I guess civilians are not to be trusted with fancy clothes and sticks by our government.

-Bill

[/ QUOTE ]

Nope, and it would never occur to criminals to use these items in crimes when they are illegal to carry either. /ubbthreads/images/graemlins/rolleyes.gif
 

ewick

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I'm all for the Switzerland model, but unfortunately, I'm not sure if the majority of Americans are ready for that level of responsibility. So, until our attitudes towards firearms mature, regulation is the key, as long as that regulation doesn't belong to some bonehead's political agenda.

I believe that EVERY American who wants to own a firearm should have that opportunity, as long as they:

1. Have no felony record, mental illness history, or substance abuse issues.
2. Pass a free (or very reasonable), nationally standardized proficiency test.
3. Requalify every X years.
4. Are of a minimum age.

I believe that EVERY American who wants to carry a firearm, open or concealed, anywhere in the U.S. (excluding federal facilities), should have that opportunity, as long as they:

1. Meet the requirements for basic ownership.
2. Pass a free (or very reasonable), nationally standardized proficiency test (differing from ownership proficiency testing).
3. Requalify every X years.

I believe that EVERY American who wants to own a Class III item should have that opportunity, as long as they:

1. Meet the requirements for basic ownership.
2. Pass an extended background check.
3. Pass a free (or very reasonable), nationally standardized proficiency test (differing from ownership proficiency and carry proficiency testing).
4. Requalify every X years.

I believe that EVERY American benefits from the responsible private ownership of firearms.

I believe that EVERY American should be free to defend themselves, their family, and their friends from a legitimate, immediate threat.

I believe that EVERY American who intentionally commits a crime involving the use of a firearm should lose his freedom indefinitely.
 

brightnorm

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Ewick,

Excellent, you've organized this beautifully. This could be the model for a national gun bill. Unfortunately the gun haters would never allow this to happen which is a pity since most of them are acting more out of ignorance than malice. Many of them have grown up in parts of the US that simply don't have a healthy gun culture and are unfamiliar with the genuine benefits of gun ownership to themselves and society.

I agree that our society isn't ready for the Swiss model and that the best present course of action is well stated in your first paragraph. It is unfortunate that individuals with this kind of clear vision are not more prominantly represented in both houses of congress.

Brightnorm
 

MicroE

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Tomas story from Washington D.C. is just plain scary.
But, it raises a question:

During one of my (community college) business law classes we read the example of a drowning person.
If a person is drowning in the ocean and a citizen is nearby, the citizen has no duty to act. The citizen can just let the person drown and there are no legal repurcussions.
However, if a lifeguard is nearby then the lifeguard HAS A DUTY to act. If the lifeguard does not act then he/she is criminally responsible for the death.

How is that we can prosecute a lifeguard for failing to act, but not a police officer? Am I missing something?
---Marc
 

Tomas

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Because the lifeguard's job description states that it is his/her duty to attempt rescue, and in fact is the reason for them being hired and paid.

The LEO's job description does NOT include a "duty to act" in the prevention of crime or assistance to all who might need it. Their duties are clearly limited, and that is what is frightening.

Micro, I'm not saying it all makes sense, just that, as written, that's the way it works.

Don't depend on the police to defend you from the bad guys, it's not in their job description. Their job is to get the bad guys after they've been bad.

(And they still do one Hell of a job within the limitations they have to work under!)
 

sunspot

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[ QUOTE ]
ewic said: <snip>Have no felony record, mental illness history, or substance abuse issues.

[/ QUOTE ]For how long a time? I had a substance abuse problem in the past. That was 10 years ago. I have also owned firearms for 35 years. I have never mixed the two of them together. Am I to be denied the right to gun ownership because of a past mistake that has been corrected? Please don't take this as a flame. I respect your opinions. In fact, I like this whole thread.

BTW, in Alabama, if you even register on a breath test when packing, you lose your permit to carry.

I have not seen this mentioned here but Alaska now has a Vermont style law. No permit needed and they will recognize other states permits to carry.
 

ewick

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Bob & Norm,

Thanks, but I don't deserve any credit for this stuff. Yes, it's over-simplified, but nothing I said is hot off the press.

We're being told that protecting our lives and the lives of others is taboo. And the uninformed want us to believe it. And we're beginning to. And to me, THAT'S scary.

Dana,

No offense taken. Good point. Maybe it depends on the nature of the substance abuse, or the time elapsed since the abuse occurred, or both. What I mean is, there's a difference between an isolated incident with marijuana 15 years ago, and a three-year-long crystal meth binge ending last month.

I just hope they don't consider my lithium a "substance". /ubbthreads/images/graemlins/drool.gif
 

sunspot

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[ QUOTE ]
ewick said:I just hope they don't consider my lithium a "substance". /ubbthreads/images/graemlins/drool.gif

[/ QUOTE ]I would see that as problem solving, not as a problem.

No offence taken. I was only pointing out that "Iron clad" rules and regs are not always a good idea.

All of us on this topic will never agree because of all the fine points but I do believe we all want to have the present laws relaxed. Please send letters and cards to the folks in charge. I have cards in my hand right now, addressed to President Bush and Speaker Hastert, that instructs them how I want them to vote. /ubbthreads/images/graemlins/help.gif
 

Tomas

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Hmmmmmm ... All things considered I'd be less happy seeing a drunk with a pistol than I would seeing a weed user with a pistol. /ubbthreads/images/graemlins/icon6.gif Truthfully, I wouldn't be overjoyed with either, but if my choice is one or the other, well, take the gun away from the drunk.

Hard rules often (Usually? Always?) have unintended consequences. There needs to be some room for human judgement in the rules.

Good thread!
 

JOshooter

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Under the 2nd amendment the right of the people to keep and bear arms shall not be infringed. This is a right not a privilege. As long as the user can demonstrate proper usage and knows how to safely use it and properly maintain it, I have no problem with one conceal carrying a weapon.
 

MichiganMan

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[ QUOTE ]
I believe that EVERY American who wants to own a firearm should have that opportunity, as long as they:

...

2. Pass a free (or very reasonable), nationally standardized proficiency test.


[/ QUOTE ]

Ewick, I'm with you except for this crucial point. The freedom to keep and bear arms is a constitutionally guaranteed right. Being a citizen means you have it as a matter of course. You can only lose it through due process, ie. you did something sufficiently illegal and the government acted to restrict your otherwise guaranteed freedom as its constitutionally empowered to.

With the above requirement you'd make firearm ownership a privilege to be enjoyed only AFTER the government gives you permission. Don't pass the examination and you don't have the right. This makes it a government granted privilege like driving, not a guaranteed right like free speech, freedom of association, or right to trial by jury.

Of course I think proficiency training and testing are a very good idea, but making them a pre-condition to ownership would mean that unlike all the other rights enumerated in the Bill of Rights, you'd only get your 2nd amendment right issued to you after, and if, the government grants it to you. Kinda defeats the whole intent of the 2nd amendment, don't you think?
 

MicroE

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[ QUOTE ]
Unicorn said:
....or Ney York City's multitude of permits (one to have a gun in the house, another to transport it unloaded and locked up, to the range, yet another if you have the money and/or political connections to get a permit to carry). Also, if a person is not responsible/mature/trustworthy enough to own a gun, should they also have their driving privelages revoked? 40,000 traffic deaths a year and rising.

[/ QUOTE ]

Ironic. NYC is one of the hardest places to get a CC permit.
All those requirements and yet a city councilman got shot in city hall by his political rival last week.
I wonder if the NYC council will now vote to restrict guns from the hands of politicians because they have proven themselves to be a dangerous class of individuals??? /ubbthreads/images/graemlins/grin.gif
 

Tomas

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MichiganMan (And your little furry friend!), that one slipped completely by me. I missed it.

Yes. Ownership should not require any tests, permissions, licenses, permits, records, cards, ID's, etc. Possession should be automaticly a "Yes, of course!" response from the government if someone bothers to ask, unless one has a violent crime record, etc.

Personal concealed carry, however, should have some checks and balances. In my state (a "shall issue" state) a citizen is granted a license (not permit) to carry concealed unless the state can show just cause not to issue. There is a very short list of things that allow them to say no.

Automatic weapons and "WMD" are excluded, however, from ownership in this state. This may not make the most adamant owners totally happy, but it satisfies me. (Yes, I enjoyed a ful-auto M-16 or M-60 when I got to "play" with them in the military, but I really don't need one under the car seat ...

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tsg68

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MicroE, even more Ironic is that the councilman who was murdered was an anti-gun politician, but was also an ex-police officer and was carrying a concealed firearm when he was shot. I always wonder about folks who claim to be anti-gun and then are found to carry a firearm or a CC permit, it seems that they believe that they should be the exception to the rule or at least to their own platform. That, to me, undermines their credibility right off the bat. I don't really like politicians (or celebs for that matter) who take a "do as I say, not as I do" form of exclusionary tactic with their constituency. Sad the man was murdered, he even led his own murderer around a security screening tent outside and I believe it is more than likely that even permit holders are not allowed carry in city govt. buildings unless they are an active duty LEO.
Sorry to drift off topic! /ubbthreads/images/graemlins/twak.gif

I still believe that regulation is the death of a constitutional right, sure it may offer a more secure feeling to some folks but at what cost to our rights. I myself have been hijacked and relieved of my vehicle at gunpoint by a paroled felon (he ended up going back to the big house and the only thing keeping him from offing me was my own ability to effectively negotiate, no Cop was available to do a damn thing for me during the situation! Although I do applaud their capture of him even though he destroyed my vehicle in the process!) and I am still willing to risk the consequences to myself and family of keeping firearms unregulated and I would even like to go one further and work towards the repeal of most current firearms laws (aside from those that proscecute criminal use or restrict carry in certain types of environs), I think they are bogus and simply an obstruction to ownership by law abiding citizens, they may offer an illusion of security but they absolutely do not prevent criminal possession or use. If you don't like firearms and don't wish to own them fine, don't obstruct others rights just because you don't (that sentence isn't neccessarily aimed at any posters in this thread, jus t a statement.)

TSG /ubbthreads/images/graemlins/grin.gif
 
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