About four years ago, I wrote a column for the Sun about guns vs. violence. As I predicted, not much has changed, with the right still making the same false claims in recent Sun letters.
DavefromConway is not a lawyer (at least he does not appear to be one), but plays one here.
Go to college Dave, and then to law school, and then read some:
Cody v. United States, a Court of Appeals case from 1972, "it has been settled that the Second Amendment is not an absolute bar to Congressional regulation of the use or possession of firearms." The only U.S. Supreme Court case that directly addresses the rights granted by the Second Amendment is U.S. v. Miller (1939). In its decision the Supreme Court held that the Second Amendment does not grant the right to bear arms that do not have "some reasonable relationship to the preservation or efficiency of a well regulated militia."
And that is exactly why owning an AR-15, or any other "military-style" firearm is a Constitutional Right. In fact, if you want to go by the strict interpretation, there should be no restriction on whether it is semi-auto or full-auto. That is what a "regulated militia" uses.
"Only way to reduce the number of guns is at the ballot box"
Actually, if you want to reduce the number of guns used by criminals committing illegal acts with a firearm, you need to pressure your Gov't Officials, DAs, and Courts to enforce the LAW(S) that are already in place.
Otherwise, all you wind up doing is creating just more and more restrictions on those that do follow the law, which is a majority of legal, responsible gun owners.
Of course, it's always important to point out we do have the 2nd Amendment, which is a guaranteed Right.
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You cannot sidestep the Constitution at the ballot box. Our democracy is "Constitutional", Law of the land.
DavefromConway is not a lawyer (at least he does not appear to be one), but plays one here.
Go to college Dave, and then to law school, and then read some:
Cody v. United States, a Court of Appeals case from 1972, "it has been settled that the Second Amendment is not an absolute bar to Congressional regulation of the use or possession of firearms." The only U.S. Supreme Court case that directly addresses the rights granted by the Second Amendment is U.S. v. Miller (1939). In its decision the Supreme Court held that the Second Amendment does not grant the right to bear arms that do not have "some reasonable relationship to the preservation or efficiency of a well regulated militia."
And that is exactly why owning an AR-15, or any other "military-style" firearm is a Constitutional Right. In fact, if you want to go by the strict interpretation, there should be no restriction on whether it is semi-auto or full-auto. That is what a "regulated militia" uses.
You cannot undo the 2nd amendment at the ballot box Michael. It requires a constitutional amendment. Thanks for playing.
"Only way to reduce the number of guns is at the ballot box"
Actually, if you want to reduce the number of guns used by criminals committing illegal acts with a firearm, you need to pressure your Gov't Officials, DAs, and Courts to enforce the LAW(S) that are already in place.
Otherwise, all you wind up doing is creating just more and more restrictions on those that do follow the law, which is a majority of legal, responsible gun owners.
Of course, it's always important to point out we do have the 2nd Amendment, which is a guaranteed Right.
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Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.