You've already agreed that "militia" means "able bodied persons". The amendment specifies "A well regulated militia", meaning "well regulated able persons", and further it says that this is NECESSARY. It doesn't say "able bodied persons with guns are necessary", it says "well regulated able bodied persons with guns are necessary".
You really can't twist that. Regulation is implied by the amendment.
What it specifically does not say is that the militia should be well regulated. The constitution says only that a well regulated militia is necessary:
"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."
Nowhere in there does it say a militia should be well regulated. Rather it says that a well regulated militia is necessary. This is all. There is no command to ensure the militia is well regulated only a proscription of the infringement on the people's right to keep and bear arms. Presumably, in part, because doing this would then render what was regarded as a well regulated militia impossible.
Because it is literally not what we are saying. End of. If you imagine something different is being said, then that is down to you.
You are not saying that the peoples current ability to buy, keep, and bear arms needs restricting?
Then you admit that "elimination of freedom" is not argument against regulation - unless you believe parents should have the right to feed their children bleach.
I admit that when there is a specific action and intent demonstrated it is okay to limit individual's freedoms in those particular cases. This is regulation. This is the elimination of freedom. But this is for a specific articulable cause.
Instead, debate the actual issue: whether or not guns cause more harm than they prevent, and what measures can be put in place to limit this harm.
The first part is not an issue, let alone the actual issue. It is irrelevant whether or not guns cause more harm than they prevent if the regulation we are discussing is outside of the authority of the government to regulate. The second part--what measures can be put in place to limit the harm by individuals with guns--is most certainly an issue. And we arediscussing that. Some seem to think the government should act outside of government authority to limit guns. I think it should not.
There already are hoops for buying bleach, and there are strict rules and laws about feeding it to children, as well as numerous preventative measures and regulation regarding the storage and sale of bleach.
For private citizens you believe there are laws regarding the storing of bleach? Cite them.
It's not about "a minority" misusing guns - it only takes ONE person to kill dozens. We are talking about thousands of lives every year. I think asking law-abiding people to jump through a couple more hoops in order to reduce that number is not a big ask. Convenience is not more important than lives.
One is a minority.
Not in most states. 35 still have no background checks for private sellers.
I said many, not most. Though I would caution you to consider what constitutes a private sale before criticizing those states that allow private transfers without a background check. Also this does not mean there is no liability for a private seller if they do sell a gun to someone who intends to, (or does), commit a crime with that gun.
Except we aren't talking about arresting people because of prejudice. We are simply talking about requiring a license and a background check.
Again with the license. Depending on licensing requirements Licensing may or may not be constitutional. Background checks are not unconstitutional, but if it is not interstate commerce it is hardly the federal governments area of concern. The states can make their own laws regarding this. If the government wants to incentivize states doing so, that is within their authority.
It very clearly and unambiguously does.
No not does not, and clearly not clearly so.
You do realize that this entire paragraph is self-contradictory, right?
Yeah, it would be much easier if people challenged the laws as they came down the pike so we would have a less contradictory perspective, but there are very specific areas that are carved out of the second amendment. It is similar with the first amendment also i.e. slander, libel, fighting words, child porn, time, place,m manner.. but generally the government cannot regulate speech. The same is true for guns. You see, no right is unfettered. I am happy to take the time to answer your questions if you think there is a specific contradiction that doesn't make sense.
"The government is allowed to regulate firearms, but they're not allowed to regulate firearms."
No. The government is allowed to regulate non-military firearms because historically they slid by a case unchallenged in the 30's. (Disregard of course the fact that the weapons they discussed do have military uses). It was held nonetheless in
Miller and then in stayed that way. Because Americans did not object and there was no controversy Americans essentially acquiesced that authority. The government has established massive (though some limitations exist) power in the commerce clause, so they can very much limit guns in some respects through that . Felons should be self explanatory. Kids is a little tricky. As long as the laws have exceptions for kids then they are ok. Without the exceptions they are no longer ok. But making broader restrictions than these are problematic. There are surely some categories that still exist that would be less problematic to regulate.
That is essentially what you have just written - everything else is just window-dressing. You have already agreed that regulation not only is possible, but already exists.
Only in as much as one can say that regulation of speech is not only possible, but already exists. Again no right is unfettered. But generally speaking, broad regulation of guns is outside the authority of law.
So now the question isn't about the right to bear arms, it's about how much regulation their should be. To frame ANY further regulation as an infringement of that right is baseless unless you consider all existing regulation an infringement as well.
Some I do. But as I said, not challenging a law can show an acquiescence to some authority. Therefore ANY further regulation should be challenged. Even if that regulation does not, in fact, infringe on the people's right to keep and bear arms. I have already acknowledged that depending on Licensing requirements, for instance, a law requiring Licensing may or may not be unconstitutional (i.e. infringement on the people's right to keep and bear arms).
So if you wantto call that regulation fine. However i specifically stated the type of regulation that i said was impermissible. And that is "regulation [that] infringes on the people's right to keep and bear arms."
It seems you want to strawman me as saying no regulation is permissible.
Lie. I have never called for a gun ban or a removal of the right to own guns.
I said 2, not your second bullet point. was listed as "2)
the amendment already states that citizens should be well regulated." If you have a problem following your own labels perhaps you should label more clearly. So no, not a "lie." Cheers though.
Apparently, you can just call whatever you want infringement. Since the amendment specifies that people should be regulated, it is not an infringement on the right to own guns to regulate their sale and possession.
Again, it does not say people should be regulated.
Re: calling whatever one likes "infringement." That is tricky as well. I would suggest it is similar to "respecting" in the establishment clause. I personally read "infringe" as very broad. There is definitely room for reading "infringe" much more narrowly. But pretty much everyone would read preventing all sales or any possession (and i know you are not saying this) as infringement.
Since I have already said I respect the right to keep and bear arms, and have made this clear multiple times, you are engaged in a strawman. And you have provided no reason whatsoever why regulation of firearms should not be considered an option in this debate.
I have no objection to regulation of firearms that does not infringe on the people's right to keep and bear arms.
Again, this is just rhetoric. Of course homicide and suicide are problems regardless of means - that's painfully obvious -
Then we agreethat the issue is the homicide and suicide rate. That seems like a good place to start.
the problem is the function that guns play in contributing to violence, homicide, crime and suicide. Study after study shows that guns play an active role in encouraging violent crime and suicide, as areas with higher numbers of guns see a similar rise in violent crime, and a person is more likely to attempt and succeed at a suicide if they have access to a firearm.
Tell that to japan
Again, this is just rhetorical nonsense. If you accept that a parent feeding their child bleach could be considered a "freedom", then that word has basically not meaningful function in debate other than emotional connotation. If you accept that restricting the "freedom" to allow parents to feed their children bleach is correct in order to prevent child death, you must accept that "freedom" is irrelevant when discussing the actual safety of people and has no meaningful application in rational discussion of the issue.
That is not true. Just because I accept that some freedoms must be necessarily limited does not mean I accept that all freedom should be necessarily limited.
But it IS regulated, and suppliers of bleach manufacture its containment in such a way, to prevent children from drinking it. That's the point.
Is the purchase bleach limited for individual citizens? Can i sell you bleach in a bag? Yes we regulate suppliers and manufacturers but ththiththis is different than regulating individual citizens.
I am debating the issue at hand. I'm not forming distractions and strawmen like you are to avoid discussing the actual harm guns cause.
That is great you think that, now you can empathize with how I feel about what you are doing.