Tuesday, September 09, 2008

A Discussion of the Last Poll

The previous 2nd Amendment poll stated:
"Should Automatic Firearms be Legal?"

"Only with a Federal License"
"States should Decide"

Out of 11 votes, 9 chose "Yes", and 2 chose "States Should Decide".

Please comment your...comments, for the benefit of discussing and explaining your answer to the poll.


Stephen Boyd said...

Here's why I voted "yes" in the aforementioned poll. In the recent case in DC, the Majority Opinion DC v Heller, page 8, stated:
"Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. [b]Just as the First Amendment protects modern forms of communications[/b], e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001),the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding."

I believe "all bearable arms" also pertains to automatic weapons. Bearing arms is a God given privilege and right and therefore should not be regulated by any state.

Son3 said...

I voted yes. I voted yes because, as a Christian, I must follow the laws of the land. The law is: "...the right of the people to keep and bear arms shall not be infringed." It's the law, it's that simple.

Automatic firearms are just that..."arms", and are therefore subject to the same law as any other armament from sabres to shotguns.

"Well, you people think that everyone should own flamethrowers and nukes, then!"

I don't think any ordinary American citizen could be able to attain a nuke; Iran's been working on it for decades, and they still don't have one!

I didn't choose "States Should Decide" because that is not the law. The Second Amendment is a federal law, and as such, it is superior to state law. I don't make the rules, that's just the way it is.

My Mom chose "States Should Decide", as well as somebody else (I don't know who).

I can't help it if my Mom is...less Constitutionally savvy than some, but that's okay: she still makes some mean pear butter!

Mike said...

I actually was one of the folks that voted on the States Deciding Son3 :).

My reasoning being, if the states decide I'm more likely to be owning a PKM than if the Feds decided.

Now, I think that the Feds SHOULD allow them to be legal (like you said, they should follow their own laws), but I don't think that, with the political situation being what it is, that it will happen soon.

I speak with experiance ;), seeing as how I'm "A member of an elite paramilitary organization, Eagle Scout."

God Bless,

Son3 said...

I know exactly what you mean, Mike.

The only way we'll ever get autos will probably be through state legislation. (You KNOW the Federalis won't let us have any fun.)

So, you were practically right.

I didn't know the Scouts were paramilitary. Dang, and I thought they didn't allow guns.

Stephen Boyd said...

Great points, Mike!

Of course the chances of it being legal period are none existent. Oh well, maybe we can work a compromise- states South of the Mason-Dixon can have automatic weapons, then do a study on the crime rate!

I'll take an AA-12 or a MP-5.

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