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Thread: gun control in the usa
livefire
Joined:
2/3/2007
Msg:
397 (
view
)
gun control in the usa
Posted:
5/8/2007 6:36:43 PM
lol - Angel.
Here are some interesting quotes from the founding fathers:
Government is instituted for the common good; for the protection, safety, prosperity, and happiness of the people; and not for profit, honor, or private interest of any one man, family, or class of men; therefore, the people alone have an incontestable, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it.
John Adams, Thoughts on Government, 1776
If men through fear, fraud or mistake, should in terms renounce and give up any essential natural right, the eternal law of reason and the great end of society, would absolutely vacate such renunciation; the right to freedom being the gift of God Almighty, it is not in the power of Man to alienate this gift, and voluntarily become a slave.
John Adams, Rights of the Colonists, 1772
[D]emocracy will soon degenerate into an anarchy, such an anarchy that every man will do what is right in his own eyes and no man's life or property or reputation or liberty will be secure, and every one of these will soon mould itself into a system of subordination of all the moral virtues and intellectual abilities, all the powers of wealth, beauty, wit and science, to the wanton pleasures, the capricious will, and the execrable cruelty of one or a very few.
John Adams, An Essay on Man's Lust for Power, August 29, 1763
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States.
Noah Webster, An Examination into the Leading Principles of the Federal Constitution, 1787
Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.
Patrick Henry, speech in the Virginia Ratifying Convention, June 5, 1778
Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
Cesare Beccaria, On Crimes and Punishment, quoted by Thomas Jefferson in Commonplace Book, 1774-1776
The whole of that Bill [of Rights] is a declaration of the right of the people at large or considered as individuals...[I]t establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.
Albert Gallatin, letter to Alexander Addison, October 7, 1789
Who are the militia? Are they not ourselves? It is feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American...[T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.
A Pennsylvanian, The Pennsylvania Gazette, February 20, 1788
[N]either the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt.
Samuel Adams, essay in The Public Advertiser, Circa 1749
[T]he people are not to be disarmed of their weapons. They are left in full possession of them.
Zacharia Johnson, speech in the Virginia Ratifying Convention, June 25, 1778
[W]hereas, to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them; nor does it follow from this, that all promiscuously must go into actual service on every occasion. The mind that aims at a select militia, must be influenced by a truly anti-republican principle; and when we see many men disposed to practice upon it, whenever they can prevail, no wonder true republicans are for carefully guarding against it.
Federal Farmer, Antifederalist Letter, No.18, January 25, 1778
livefire
Joined:
2/3/2007
Msg:
394 (
view
)
gun control in the usa
Posted:
5/8/2007 3:58:36 PM
Angel - your logical approach(without name calling, etc) is certainly refreshing, given the way this thread has gone. And the following is in no way attacking your position, just expanding on it.
Yes, the forfathers wrote the 2nd Ammendment to give everyone the right to defend themselves against people with criminal intent. However this was only one aspect of this Ammendment.
The Constitution was written after a long and bloody war of independence from GB. This war was fought to free themselves from the tyranny of the king, who was taxing them heavily to pay for the war with France, forcing the colonists to provide board and room for the redcoats as well as outright confiscation their homes/posessions, forbidding anyone from practicing any religeon not approved by the crown, and censoring any news articles that were contrary to Brittish(the kings) beliefs. And of course, colonists were being jailed, or worse, without trial if they didn't cooperate to the liking of the local Brittish governor.
The forfathers wrote those first ten ammendments to keep this type of treatment from happening again under our new government. This is why they wrote the Bill Of Rights. These rights, as was explained in detail in papers by the authors, are considered 'inalienable rights', ones that were not granted by any form of governing party, but ones that every citizen was born with. The Bill Of Rights was not written to guarrantee that the citizens would be granted these rights, they already had them. It was written to guarrantee that the government could not take them away as the king had done.
When it came to the 2nd Ammendment, this 'right' was retained by the people for defense against 'all enemies, both foriegn and domestic.' They knew that if the people did not have the ability to take up arms, as they had, against a government in the event that government became too tyrannical, their new democracy would have no chance of surviving. "The people should not fear their government, the government should fear its people." They knew that as long as the threat of another revolution was always a valid one, the government would always 'fear it's people', and listen to what they had to say about the direction the country was going or risk being overthrown.
Along with the above, they created the seperation of powers in order to avoid any one branch of government of achieving too much power. Because power, especially absolute power, will become corrupt and will no longer be the voice of the people.
They also went on to say that every able-bodied male was required to be 'at the ready' to excercise that defense. 'At the ready' was described as owning a firearm pursuant to the day, appropriate ammunition, and be proficient in the use of said firearm.
Yes, self-defense was part of the 2nd Ammendment - but not the whole of it.
livefire
Joined:
2/3/2007
Msg:
603 (
view
)
Shootings at Virginia Tech
Posted:
4/30/2007 9:04:02 PM
Hmm? Been hiding under a rock for the last 10 days?
No I haven't, and if you would have actually READ my post, it would have saved you the trouble of reposting the article, as it says nothing about the dealer shipping the firearm directly to Cho.
The closest scenario would be that an individual would make the deal online and then it would be transfered from the sellers licensed dealer to the buyers licensed dealer. At that point, the usual NICS background check and paperwork would be performed before the buyer would be allowed to take possession of the firearm.
I explained how an online purchase actually takes place. Obviously, since this dealer wasn't arrested, that was exactly how the firearm was sold.
1. Customer surfs the web and finds a dealers website in somewhere USA.
2. Customer emails dealer expressing an interest in a firearm the dealer has for sale.
3. Dealer tells customer to send payment and a copy of the CUSTOMERS LOCAL FEDERAL FIREARMS LICENSE (FFL) in somewhere else USA, to him in somewhere USA.
4. Once the dealer receives payment and verifies the validity of the FFL sent, the dealer ships the firearm to the address on the customers local dealers FFL. It cannot, by federal law, be shipped to anywhere else other than to a licensed dealer - NO MATTER WHO PAYS FOR IT.
5. Once the local dealer receives the firearm, he calls the customer to let him know the firearm has arrived.
6. The customer goes to the licensed dealers store and fills out a form 4473. The local dealer than calls the appropriate agency (unsure in VA if it is an FBI or a state conducted background check), gives them the information from the 4473 and awaits a response.
7. The agency then gives the dealer 1 of 3 answers:
A. Proceed - which means there are no indications on the customers record to prohibit him from purchasing the firearm.
B. Delay - which means the agency has elected to research the transaction further, and has opted to take an additional 3 working days before giving a response.
C. Denied - there is sufficient evidence that this customer is prohibited from owning that type of firearm.
8. Assuming that the response was a proceed (since he did in fact take the firearm home at some point), the dealer can now hand over the firearm to the customer.
Is that a little clearer?
livefire
Joined:
2/3/2007
Msg:
601 (
view
)
Shootings at Virginia Tech
Posted:
4/30/2007 5:48:54 PM
The information that I have read is that they were unable to commit him involuntarily, and he refused to volunteer to admit himself. Being over 18, his parents could not do it either unless they were to take the matter to court and have him declared unable to make his own decisions and granted 'custody' and executors of his affairs. Expelling him would not have done anything to stop this from happening either. There is nothing stopping any individual, student or otherwise, from entering a college campus.
A waiting period would have had no effect on this incident, as the firearms were purchased well before the event and the waiting period would have expired anyway.
Firearms cannot be purchased over the internet, despite the claims of several posters. The closest scenario would be that an individual would make the deal online and then it would be transfered from the sellers licensed dealer to the buyers licensed dealer. At that point, the usual NICS background check and paperwork would be performed before the buyer would be allowed to take possession of the firearm. Individuals cannot have firearms shipped directly to them under any circumstances.
Oh, and the nutcases that bombed the federal building in Oklahoma City were Timothy McVay and Terry Nichols - my lawyer(Brian Hermanson) was the one forced to defend Nichols, despite his protests.
livefire
Joined:
2/3/2007
Msg:
599 (
view
)
Shootings at Virginia Tech
Posted:
4/30/2007 3:05:14 PM
That, my darling is just plain and simple fact.
Careful now,
fact
is a 4 letter word......to some anyway. IF these people were intersted in hearing FACTS, and SINCERELY wanted to make a difference, they would be looking to the source of the problem rather than ranting about the symptoms.
I believe in letting people make their own decisions, and living by them. If there are people that would prefer to wait for the police to show up and take them to the hospital, or the morgue, 30 minutes after the criminal is gone, let them, it is afterall their choice. It is my choice to keep the criminal there for that 30 minutes and let the police show up and take them to jail.
Now, just because I believe in letting you make YOUR own decision, don't for a moment think that I am gonna sit idle while you attempt to MAKE DECISIONS FOR ME. Because that, my friend, isn't going to happen.
livefire
Joined:
2/3/2007
Msg:
35 (
view
)
NFL Draft Time
Posted:
4/29/2007 1:13:20 PM
MN fan here (born and raised there). Moved to OK in 86 - good draft so far for me, as they have selected Adrian Peterson and Rufus Alexander (both from OU).
livefire
Joined:
2/3/2007
Msg:
39 (
view
)
Women and baseball caps?
Posted:
4/26/2007 7:11:36 PM
Baseball caps can be cute, but cowgirl hats ALWAYS get my attention.
livefire
Joined:
2/3/2007
Msg:
28 (
view
)
Rosie O'Donnell To Leave The View
Posted:
4/26/2007 6:15:46 PM
Good riddins to her. I've never watched or even slowen down at the channel because of her. She lost her Kmart endorsement(and Kmart lost 900 stores) because of her mouth. She lost her show because of her mouth. And guess what, she lost her job on the view because of her mouth.....I think I see a pattern forming here.....
livefire
Joined:
2/3/2007
Msg:
174 (
view
)
gun control in the usa
Posted:
4/24/2007 8:13:33 PM
Dave - I would have to agree with you on many of your intentions as I get the feeling that just want to find an answer to the actual underlying problem - whatever that answer turns out to be. I also want to compliment you on your honesty and your ability to keep emotions out of the discussion. Thank-you.
If a buy back program would actually work the way it was intentioned, I would be all for it. Unfortunately, the ones that have been put into practice were, well, less than successful. Most of the firearms turned in didn't even function properly(and I'm not speaking of safely, I mean they wouldn't even fire), people used these buy backs as an opportunity to dispose of junk they had laying around the house. Say we raised the buying price of these buy backs to a point where criminals would actually turn in functioning firearms for cash (and I know that you used the $6500 number for emphasis). This would inadvertanly form a new market for stolen firearms, raising their value and increasing the number of players in the market. Now, rather than that stolen firearm only being worth $50 on the street, it's now worth $500 (grabbing a $ amount out of the air here). I think we could be safe to say that there would be a dramatic increase in home invasions and armed robberies in an attempt to aquire these hot new commodities. And I hope no-one would think for a minute a criminal is not a businessperson. They WILL have a firearm that they won't turn over. Anyone who understands anything about business knows that there are 'tools of the trade' that you must invest in to conduct that business. What would a cab driver be without a car? What would a plumber do without his pipe wrenches?
I am all for finding a way to curb the violence, unfortunetaly, most of the energy and resources are being directed at the symptoms, rather than the infection. I would bet that these resources, if directed at better education and creating more opportunities for young people growing up, would make a much larger difference.
livefire
Joined:
2/3/2007
Msg:
170 (
view
)
gun control in the usa
Posted:
4/24/2007 2:52:45 PM
1 Guns are purchased by eligible people.
2 Defining who is eligible.
3 The system by which the above criteria are to be verified.
4 Measures to ensure compliance and prevent theft.
All of these things are already in place, they are included amungst the 24,000 firearm laws already on the books. I will break it down.
1 Guns are purchased by eligible people.
3 The system by which the above criteria are to be verified.
I have grouped these together as they are the same statement. Every FFL in the country must perform an FBI background check (NICS) on every firearm transaction. in 2005, 8.3 million background checks were conducted (this number includes checks done on both the state and federal level). Of these, 1.6% were declined.
2 Defining who is eligible.
Congress has microdefined who is eligible and who isn't (remember the 24,000 laws?)
4 Measures to ensure compliance and prevent theft.
Well, this would be a sticky situation now wouldn't it? Amongst those laws include ones that mandate the proper storage of firearms in any individuals posession. How, pray tell, would you suggest that we ensure compliance? Would we give our government the right to come in our homes, oh say twice a year, to verify this at their disgression?(and yes, that was a reference to the Canadian law that is already in place) I for one would not be willing to give up my 4th ammendment rights [against illegal search and seisure] for this. And, as I have posted before, less than 1% (I believe the exact number was .12%, but don't have it in front of me, so I will round it up) of all accidental discharges of firearms involve individuals that actually own firearms, or have grown up in homes that contained them. (John R. Lott - More Guns, Less Crime) Using this method of enforcement means that the people who make up the other 99% will never be checked, as these searches are only of homes that contain a registered firearm. Every firearm that is sold in the U.S. comes with a trigger/action lock free of charge, and every FFL must have additional firearm locks available at their place of business (2 more of those laws).
My opinion? This money (let's take the $1.3 trillion amount that was used earlier) would be much better spent building more prisons, or better yet, more detention centers like the one set up by Sheriff Joe Arpiao (the Maricopa County Sheriff) in Arizona. If criminals faced a true sentence when convicted (you get 20 years, you do 20 years, not a day less), then many of these people would give more thought to their actions. Prisoners, in my opinion, have chosen not to be a productive part of society, and therefor are not entitiled to have us pay for their cable tv, air conditioning, and the likes. They made a consious choice to be a burden on society, to be a thorn in the side of their fellow man, and deserve to break rocks for the extent of their sentence. (can't wait to see the flames on this one).
Oh, and guncite.com is anything but unbias - it is their mission to repeal the 2nd Ammendment.
livefire
Joined:
2/3/2007
Msg:
154 (
view
)
gun control in the usa
Posted:
4/23/2007 11:44:13 PM
OK, I did the math. Cost estimates of fanning the flames of terrorism in Iraq are about 2.6 trillion before it's over.
Not sure where you got that number, but since you know when this war will be over, can you please let the rest of us in on it? Thank-you. (take that tonque in cheek as I am sure you arrived at that number from some other source)
There are an estimated 200 million guns in the country.
It is actually closer to 270 million LEGAL firearms in this country. In addition, this number does not include illegal ones smuggled in, only ones that have either been manufactured here are have passed through customs since the BATFE began keeping records.
How many criminals who dropped fifty bucks for a hot weapon would turn down the chance to make an easy $6500?
I would have to agree with you that most, if not all, criminals, given immunty from prosecution, would sell their firearms for $6500 each. And then they would take that money and buy 130 more $50 weapons to resell to the government for an additional $845,000....and so on.
I have no problem with your underlying logic on this issue. The problem is, this will not stop other countries/foriegn companies/governments from still producing firearms. And, with this scenario, you would guarantee them huge profits for their products, even larger than the drug trade. This is not to mention that there have been over 100 million AK-47's built since it was introduced in 1947 - and this only represents 1 model of firearm.
livefire
Joined:
2/3/2007
Msg:
150 (
view
)
gun control in the usa
Posted:
4/23/2007 9:55:03 PM
That report was assembled from many sources, all of which are included in their respective paragraphs.
of course the actual laws don't corespond to the years you're putting forward, they're off by several decades. Many of those restrictions were put on by democratic instutions.
You are correct in your assessment of the dates in question. However, without these laws having already been in place, even if there had been 100 years lapse, these people may have had a better chance of fighting back and surviving. We could have Mother Teresa in the White House at the time we pass a new restriction, however, who will be there in 20 years? 50 years? 100 years? Laws rarely[read never] get repealed once they are signed.
Why do Americans fight so hard for their right to bear arms? Why do we fight tooth and nail over every restriction, no matter how petty? Becuase we know how the system works, that's why. "If you only allow us to ban this/that, we will all be much safer." And when that doesn't work??? "Well, if we could just add this to the list, that will solve everyone's problems." I am sure you get the idea. That is why we will not budge another inch without kicking and screaming the whole way. If you count each firearm law currently on the books in the U.S. as 1 inch on a ruler, the anti-gun groups have already gained 2000 feet. Ever heard of the saying, "if you give an inch, they will take a mile", at 2000 feet they are nearly there. To save everyone the math, there are 24,000 firearm laws already. And each time, that new law is the answer to everyone's problems. I am a slow learner at times, but even I know that if I tried 24,000 times to nail jello to a wall and it didn't work, I would find another approach.
The Bill Of Rights was not added to the Constitution to grant those rights to the people. The Bill Of Rights was added to prevent the government from RESTRICTING those 'inherent rights' FROM the people. These are rights that are not given by any government or entity, these are rights that every human being is entitled to.
In addition, all able bodied male Americans between the ages of 18 and 65, have the responsibility, the duty as a citizen of the United States under the Constitution, to be 'at ready' (described as owning a firearm appropriate for the day with ammunition to match and must be proficiant in the use of that firearm) to defend the Constitution, the country, and it's citizens from "enemies, both foreign and domestic." This is why we still have the Civilian Marksmanship Program (CMP).
I do not fault you for your opinion, nor do I attack you for holding that opinion. Your views are obviously different than mine, that's what makes us individuals. Also, I hold no hopes of ever changing that opinion, as it is not up to me to do so. There are many people on this issue that keep throwing out information they have heard here and there, but never really researched it for themselves - and unfortunately this goes for both sides. (I am not signaling anyone out as I really don't pay attention to who posts what)
I have a great respect for the Canadian people, I have been there several times and enjoyed every minute of those vacations. They have indeed been involved in most of the worlds conflicts defending freedom. I respect your choice to leave your life and liberty in the hands of your governement, so why is it so difficult for some to let me make that choice for myself? I don't feel that it is too much to ask for.
livefire
Joined:
2/3/2007
Msg:
561 (
view
)
Shootings at Virgina Tech
Posted:
4/23/2007 5:06:56 PM
In the following context, like in the pledge of aliegence, God is used as a generic term, possibly meaning something different to each person saying it, simply meaning a higher being (Christ, Allah, Mohammod, alien eggs buried in the earth, whatever...) I will not touch on whether it is right/wrong to believe in such a higher being, as that is everyone's individual choice. With this in mind, this is my theory on why having a 'God' figure taught to our children is important and make a difference in how people relate to the world around them, as well as their own actions.
Instilling a God[higher being] into someones life, at any age, puts them in a position that they will be judged on their actions in their life here on earth. Just like the reason you show up for work and do your job each day. You have a job to get a paycheck to pay your bills. If you don't show up for work or perform your job well enough, you will be fired and you will no longer get a paycheck to pay your bills. In this scenerio, the 'higher being' here is your boss. As generation after generation is being taught that there is no 'God', their becomes a higher percentage of people in the society that no longer feel that there are any lasting penalties for their actions on earth. "I am just gonna die anyway, and once I'm dead, I'm dead, they can only kill me once, and my life sucks anyway." Combined with the constant bombarding of glorifying violence in our society, the lack of proper guidence in our youth, the acceptance of a class-driven society, and the lack of [perceived or otherwise] opportunities to live a happy and fullfilling life, it doesn't leave a whole lot to live for. So why bother being kind to your neighbor, you don't like him anyway? Why forgive someone for running over my roses when I can just whip his a$$? Why should I give to the poor, they never helped me? Why not committ suicide, in fact, I will take some of those rich sob's with me that have been tormenting me for the last 3 years, at least the ones that I don't get will think twice about teasing someone else tomorrow. (In this context, the VT shooter would feel he was doing the world a favor by his actions, might even be considered a martar).
In short, if there are no lasting consequences to your actions (just like criminals that continually get short sentences for their crimes or children who are never punished for exceeding their bounderies), why should I bother working so hard to be a benefit to this world I live in when there isn't any 'higher being' to answer to once I'm dead.
Like I said, it's just my .02.
livefire
Joined:
2/3/2007
Msg:
128 (
view
)
gun control in the usa
Posted:
4/23/2007 2:15:34 PM
Do other countries all have more restrictive gun laws and lower violent crime rates than the U.S.? How do U.S. and other countries` crime trends compare? What societal factors affect crime rates?
A recent report for Congress notes, "All countries have some form of firearms regulation, ranging from the very strictly regulated countries like Germany, Great Britain, Japan, Malaysia, Singapore and Sweden to the less stringently controlled uses in the jurisdictions of Mexico and Switzerland, where the right to bear arms continues as a part of the national heritage up to the present time." However, "From available statistics, among (the 27) countries surveyed, it is difficult to find a correlation between the existence of strict firearms regulations and a lower incidence of gun-related crimes. . . . (I)n Canada a dramatic increase in the percentage of handguns used in all homicides was reported during a period in which handguns were most strictly regulated. And in strictly regulated Germany, gun-related crime is much higher than in countries such as Switzerland and Israel, that have simpler and/or less restrictive legislation." (Library of Congress, "Firearms Regulations in Various Foreign Countries, May 1998.")
Many foreign countries have less restrictive firearms laws, and lower crime rates, than parts of the U.S. that have more restrictions. And many have low crime rates, despite having very different firearms laws. Switzerland and Japan "stand out as intriguing models. . . . (T)hey have crime rates that are among the lowest in the industrialized world, and yet they have diametrically opposite gun policies." (Nicholas D. Kristof, "One Nation Bars, The Other Requires," New York Times, 3/10/96.) Swiss citizens are issued fully-automatic rifles to keep at home for national defense purposes, yet "abuse of military weapons is rare." The Swiss own two million firearms, including handguns and semi-automatic rifles, they shoot about 60 million rounds of ammunition per year, and "the rate of violent gun abuse is low." (Stephen P. Halbrook, Target Switzerland; Library of Congress, pp. 183-184.) In Japan, rifles and handguns are prohibited; shotguns are very strictly regulated. Japan`s Olympic shooters have had to practice out of the country because of their country`s gun laws. Yet, crime has been rising for about the last 15 years and the number of shooting crimes more than doubled between 1997-1998. Organized crime is on the rise and 12 people were killed and 5,500 injured in a nerve gas attack in a Japanese subway system in 1995. (Kristof, "Family and Peer Pressure Help Keep Crime Levels down in Japan," New York Times, 5/14/95.) Mostly without firearms, Japan`s suicide rate is at a record high, about 90 per day. (Stephanie Strom, "In Japan, Mired in Recession, Suicides Soar," New York Times, p. 1, 7/15/99.)
U.S. crime trends have been better than those in countries with restrictive firearms laws. Since 1991, with what HCI calls "weak gun laws" (Sarah Brady, "Our Country`s Claim to Shame," 5/5/97), the number of privately owned firearms has risen by perhaps 50 million. Americans bought 37 million new firearms in the 1993-1999 time frame alone. (BATF, Crime Gun Trace Reports, 1999, National Report, 11/00.) Meanwhile, America`s violent crime rate has decreased every year and is now at a 23- year low (FBI). In addition to Japan, other restrictive countries have experienced increases in crime:
England -- Licenses have been required for rifles and handguns since 1920, and for shotguns since 1967. A decade ago semi-automatic and pump-action center-fire rifles, and all handguns except single- shot .22s, were prohibited. The .22s were banned in 1997. Shotguns must be registered and semi-automatic shotguns that can hold more than two shells must be licensed. Despite a near ban on private ownership of firearms, "English crime rates as measured in both victim surveys and police statistics have all risen since 1981. . . . In 1995 the English robbery rate was 1.4 times higher than America`s. . . . the English assault rate was more than double America`s." All told, "Whether measured by surveys of crime victims or by police statistics, serious crime rates are not generally higher in the United States than England." (Bureau of Justice Statistics, "Crime and Justice in the United States and in England and in Wales, 1981-1996," 10/98.) An English doctor is suspected of murdering more than 200 people, many times the number killed in the gun-related crimes used to justify the most recent restrictions.
"A June 2000 CBS News report proclaimed Great Britain `one of the most violent urban societies in the Western world.` Declared Dan Rather: `This summer, thousands of Americans will travel to Britain expecting a civilized island free from crime and ugliness. . . (But now) the U.K. has a crime problem . . . worse than ours.`" (David Kopel, Paul Gallant, and Joanne Eisen, "Britain: From Bad to Worse," America`s First Freedom, 3/01, p. 26.) Street crime increased 47% between 1999 and 2000 (John Steele, "Crime on streets of London doubles," London Daily Telegraph, Feb. 29, 2000.) See also www.2ndlawlib.org/journals/okslip.html, www.nationalreview.com/comment/comment071800c.html, and www.nraila.org/research/19990716-BillofRightsCivilRights-030.html.
Australia -- Licensing of gun owners was imposed in 1973, each handgun requires a separate license, and self-defense is not considered a legitimate reason to have a firearm. Registration of firearms was imposed in 1985. In May 1996 semi-automatic center-fire rifles and many semi-automatic and pump-action shotguns were prohibited. As of Oct. 2000, about 660,000 privately owned firearms had been confiscated and destroyed. However, according to the Australian Institute of Criminology, between 1996-1998 assaults rose 16 percent, armed robberies rose 73 percent, and unlawful entries rose eight percent. Murders increased slightly in 1997 and decreased slightly in 1998. (Jacob Sullum, "Guns down under," Reason, Australia, p. 10, 10/1/00) For more information on Australian crime trends, see www.nraila.org/research/20000329-BanningGuns-001.shtml.
Canada -- A 1934 law required registration of handguns. A 1977 law (Bill C-51) required a "Firearms Acquisition Certificate" for acquiring a firearm, eliminated protection of property as a reason for acquiring a handgun, and required registration of "restricted weapons," defined to include semi- automatic rifles legislatively attacked in this country under the slang and confusing misnomer, "assault weapon." The 1995 Canadian Firearms Act (C-68) prohibited compact handguns and all handguns in .32 or .25 caliber -- half of privately owned handguns. It required all gun owners to be licensed by Jan. 1, 2000, and to register all rifles and shotguns by Jan. 1, 2003. C-68 broadened the police powers of "search and seizure" and allowed the police to enter homes without search warrants, to "inspect" gun storage and look for unregistered guns. Canada has no American "Fifth Amendment;" C-68 requires suspected gun owners to testify against themselves. Because armed self-defense is considered inappropriate by the government, "Prohibited Weapons Orders" have prohibited private possession and use of Mace and similar, non-firearm means of protection. (For more information, see www.cfc- ccaf.gc.ca and www.nraila.org/research/20010215-InternationalGunControl-001.shtml.
From 1978 to 1988, Canada`s burglary rate increased 25%, surpassing the U.S. rate. Half of burglaries in Canada are of occupied homes, compared to only 10% in the U.S. From 1976 to 1980, ethnically and economically similar areas of the U.S. and Canada had virtually identical homicide rates, despite significantly different firearm laws. See also www.nationalreview.com/kopel/kopel120700.shtml
Germany -- Described in the Library of Congress report as "among the most stringent in Europe," Germany`s laws are almost as restrictive as those which HCI wants imposed in the U.S. Licenses are required to buy or own a firearm, and to get a license a German must prove his or her "need" and pass a government test. Different licenses are required for hunters, recreational shooters, and collectors. As is the case in Washington, D.C., it is illegal to have a gun ready for defensive use in your own home. Before being allowed to have a firearm for protection, a German must again prove "need." Yet the annual number of firearm-related murders in Germany rose 76% between 1992-1995. (Library of Congress, p. 69.) It should be noted, HCI goes further than the Germans, believing "there is no constitutional right to self-defense" (HCI Chair Sarah Brady, quoted in Tom Jackson, "Keeping the Battle Alive," Tampa Tribune, 10/21/93) and "the only reason for guns in civilian hands is sporting purposes" (HCI`s Center to Prevent Handgun Violence Director, Dennis Henigan, quoted in USA Today, 11/20/91).
Italy -- There are limits on the number of firearms and the quantity of ammunition a person may own. To be issued a permit to carry a firearm, a person must prove an established need, such as a dangerous occupation. Firearms which use the same ammunition as firearms used by the military -- which in America would include countless millions of rifles, shotguns, and handguns -- and ammunition for them are prohibited. Yet, "Italy`s gun law, `the most restrictive in Europe,` had left her southern provinces alone with a thousand firearm murders a year, thirty times Switzerland`s total." (Richard A. I. Munday, Most Armed & Most Free?, Brightlingsea, Essex: Piedmont Publishing, 1996.)
Foreign Country Cultures, Law Enforcement Policies, and Criminal Justice Systems
While America is quite different from certain countries in terms of firearms laws, we are just as different from those countries in other respects which have a much greater influence on crime rates. Attorney David Kopel explains, "There is little evidence that foreign gun statutes, with at best a mixed record in their own countries, would succeed in the United States. Contrary to the claims of the American gun-control movement, gun control does not deserve credit for the low crime rates in Britain, Japan, or other nations. Despite strict and sometimes draconian gun controls in other nations, guns remain readily available on the criminal black market. . . . The experiences of (England, Japan, Canada, and the United States) point to social control as far more important than gun control. Gun control (in foreign countries) validates other authoritarian features of the society. Exaltation of the police and submission to authority are values, which, when internally adopted by the citizenry, keep people out of trouble with the law. The most important effect of gun control in Japan and the Commonwealth is that it reinforces the message that citizens must be obedient to the government." (The Samurai, The Mountie, and The Cowboy: Should America adopt the gun controls of other democracies?, Buffalo, N.Y.: Prometheus Books, 1992, pp. 431.)
Kopel notes that crime is also suppressed in some foreign countries by law enforcement and criminal justice policies that would run afoul of civil rights protections in the U.S. Constitution and which the American people would not accept. "Foreign gun control comes along with searches and seizures, and with many other restrictions on civil liberties too intrusive for America," Kopel observes. "Foreign gun control . . . postulates an authoritarian philosophy of government and society fundamentally at odds with the individualist and egalitarian American ethos. In the United States, the people give the law to government, not, as in almost every other country, the other way around." Following are details for two countries which anti-gun activists often compare to the U.S.:
Britain -- Parliament increasingly has given the police power to stop and search vehicles as well as pedestrians. Police may arrest any person they "reasonably" suspect supports an illegal organization. The grand jury, an ancient common law institution, was abolished in 1933. Civil jury trials have been abolished in all cases except libel, and criminal jury trials are rare. . . . While America has the Miranda rules, Britain allows police to interrogate suspects who have asked that interrogation stop, and allows the police to keep defense lawyers away from suspects under interrogation for limited periods. Britain allows evidence which has been derived from a coerced confession to be used in court. Wiretaps do not need judicial approval and it is unlawful in a British court to point out the fact that a police wiretap was illegal." (Kopel, 1992, pp. 101-102.)
Recently, London law enforcement authorities began installing cameras overlooking selected intersections in the city`s business district, to observe passers-by on the sidewalks. The British Home Office has introduced "`Anti-Social Behaviour Orders` -- special court orders intended to deal with people who cannot be proven to have committed a crime, but whom the police want to restrict anyway. Behaviour Orders can, among other things, prohibit a person from visiting a particular street or premises, set a curfew or lead to a person`s eviction from his home. Violation of a Behaviour Order can carry a prison sentence of up to five years. Prime Minister Tony Blair is now proposing that the government be allowed to confine people proactively, based on fears of their potential danger to society." (Kopel, et al., 2001, p. 27.)
"The British government frequently bans books on national security grounds. In addition, England`s libel laws tend to favor those who bring suit against a free press. Prior restraint of speech in the United States is allowed only in the most urgent of circumstances. In England, the government may apply for a prior restraint of speech ex parte, asking a court to censor a newspaper without the newspaper even having notice or the opportunity to present an argument. . . . Free speech in Great Britain is also constrained by the Official Secrets Act, which outlaws the unauthorized receipt of information from any government agency, and allows the government to forbid publication of any `secret` it pleases. . . . The act was expanded in 1920 and again in 1989 -- times when gun controls were also expanded." (Kopel, 1991, pp. 99-102.)
livefire
Joined:
2/3/2007
Msg:
128 (
view
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Wally-Mart SUX
Posted:
4/22/2007 8:44:32 PM
I for one do not like helmart at all, but I can't say that I never shop there. There are times(read maybe once every 6 weeks) that I must. Most of the time, I will just hit whatever store I need to on my way home from work. Is it more expensive? Yes, somewhat. And I will not buy my meat there, the helmart here has a lousy meat dept. not to mention the local meat market sells fresh, locally raised meat, and most of the time it is 10-15% cheaper than any of the 'marts'.
I know what it's like to struggle to make ends meet, and I don't judge those that shop there. I would just ask that if there is another outlet for the items you need, give them an opportunity to gain your business(especially if their price is comparable).
livefire
Joined:
2/3/2007
Msg:
81 (
view
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gun control in the usa
Posted:
4/22/2007 1:24:38 PM
actually, most americans misread the delcaration, it does not mean that every american should own a gun, it only referred to soldiers, read up on your own history
Yes, you should read up on OUR history before you make a statement like that:
Federal Court Cases Regarding The Second Amendment
U.S. Supreme Court Cases
United States v. Cruikshank, 92 U.S. 542 (1876). This was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment. The Court recognized that the right of the people to keep and bear arms was a right which existed prior to the Constitution when it stated that such a right "is not a right granted by the Constitution...[n]either is it in any manner dependent upon that instrument for its existence." The indictment in Cruikshank charged, inter alia, a conspiracy by Klansmen to prevent blacks from exercising their civil rights, including the bearing of arms for lawful purposes. The Court held, however, that because the right to keep and bear arms existed independent of the Constitution, and the Second Amendment guaranteed only that the right shall not be infringed by Congress, the federal government had no power to punish a violation of the right by a private individual; rather, citizens had "to look for their protection against any violation by their fellow-citizens" of their right to keep and bear arms to the police power of the state.
Presser v. Illinois, 116 U.S. 252 (1886). Although the Supreme Court affirmed the holding in Cruikshank that the Second Amendment, standing alone, applied only to action by the federal government, it nonetheless found the states without power to infringe upon the right to keep and bear arms, holding that "the States cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, as so to deprive the United States of their rightful resource for maintaining the public security and disable the people from performing their duty to the general government."
Presser, moreover, plainly suggested that the Second Amendment applies to the states through the Fourteenth Amendment and thus that a state cannot forbid individuals to keep and bear arms. To understand why, it is necessary to understand the statutory scheme the Court had before it.
The statute under which Presser was convicted did not forbid individuals to keep and bear arms but rather forbade "bodies of men to associate together as military organizations, or to drill or parade with arms in cities and towns unless authorized by law..." Thus, the Court concluded that the statute did not infringe the right to keep and bear arms.
The Court, however, went on to discuss the Privileges and Immunities Clause of the Fourteenth Amendment, noting that"
t is only the privileges and immunities of citizens of the United States that the clause relied on was intended to protect." As the Court had already held that the substantive right to keep and bear arms was not infringed by the Illinois statute since that statue did not prohibit the keeping and bearing of arms but rather prohibited military-like exercises by armed men, the Court concluded that it did not need to address the question of whether the state law violated the Second Amendment as applied to the states by the Fourteenth Amendment.,
Miller v. Texas, 153 U.S. 535 (1894). In this case, the Court confirmed that it had never addressed the issue of the Second Amendment applying to the states through the Fourteenth Amendment. This case remains the last word on this subject by the Court.
Miller challenged a Texas statute on the bearing of pistols as violative of the Second, Fourth, and Fourteenth Amendments. But he asserted these arguments for the first time after his conviction had been affirmed by a state appellate court. Reiterating Cruikshank and Presser, the Supreme Court first found that the Second and Fourth Amendments, of themselves, did not limit state action. The Court then turned to the claim that the Texas statute violated the rights to bear arms and against warrantless searches as incorporated in the Fourteenth Amendment. But because the Court would not hear objections not made in a timely fashion, the Court refused to consider Miller`s contentions.
Thus, rather than reject incorporation of the Second and Fourth Amendments in the Fourteenth, the Supreme Court merely refused to decide the defendant`s claim because its powers of adjudication were limited to the review of errors timely assigned in the trial court. The Court left open the possibility that the right to keep and beararms and freedom from warrantless searches would apply to the states through the Fourteenth Amendment.
U.S. v. Miller, 307 U.S. 174 (1939). This is the only case in which the Supreme Court has had the opportunity to apply the Second Amendment to a federal firearms statute. The Court, however, carefully avoided making an unconditional decision regarding the statute`s constitutionality; it instead devised a test by which to measure the constitutionality of statutes relating to firearms and remanded the case to the trial court for an evidentiary hearing (the trial court had held that Section 11 of the National Firearms Act was unconstitutional). The Court remanded the case because it had concluded that:
In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.
Thus, for the keeping and bearing of a firearm to be constitutionally protected, the firearm should be a militia-type arm.1
The case also made clear that the militia consisted of "all males physically capable of acting in concert for the common defense" and that "when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."2 In setting forth this definition of the militia, the Court implicitly rejected the view that the Second Amendment guarantees a right only to those individuals who are members of the militia. Had the Court viewed the Second Amendment as guaranteeing the right to keep and bear arms only to "all males physically capable of acting in concert for the common defense," it would certainly have discussed whether, on remand, there should also be evidence that the defendants met the qualifications for inclusion in the militia, much as it did with regard to the militia use of a short-barrelled shotgun.
Lewis v. United States, 445 U.S. 95 (1980). Lewis recognized--in summarizing the holding of Miller, supra, as "the Second Amendment guarantees no right to keep and bear a firearm that does not have `some reasonable relationship to the preservation or efficiency of a well-regulated militia`" (emphasis added)--thatMiller had focused upon the type of firearm. Further, Lewis was concerned only with whether the provision of the Omnibus Crime Control and Safe Streets Act of 1968 which prohibits the possession of firearms by convicted felons (codified in 18 U.S.C.922(g) in 1986) violated the Second Amendment. Thus, since convicted felons historically were and are subject to the loss of numerous fundamental rights of citizenship--including the right to vote, hold office, and serve on juries--it was not erroneous for the Court to have concluded that laws prohibiting the possession of firearms by a convicted felon "are neither based upon constitutionally suspect criteria, nor do they trench upon any constitutionally protected liberties."
United States v. Verdugo-Urquirdez, 110 S. Ct. 3039 (1990). This case involved the meaning of the term "the people" in the Fourth Amendment. The Court unanimously held that the term "the people" in the Second Amendment had the same meaning as in the Preamble to the Constitution and in the First, Fourth, and Ninth Amendments, i.e., that "the people" means at least all citizens and legal aliens while in the United States. This case thus resolves any doubt that the Second Amendment guarantees an individual right.
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U.S. Courts of Appeals Cases 3
U.S. v. Emerson, No. 99-10331 (Fifth Circuit, 1999) Emerson had been indicted for possessing a firearm while under a certain kind of restraining order, a violation of federal law [18 U.S.C. 922(g)(8)]. The trial court quashed the indictment on Second and Fifth Amendment grounds, finding that Emerson`s right to arms had been restricted by a mere "boilerplate state court divorce order" and "an obscure, highly technical statute with no mens rea (criminal intent) requirement."
The appeals court disagreed with those particular findings and stated that prohibitions such as affected Emerson are permissable when they are "limited, narrowly tailored specific exceptions or restrictions for particular cases that are reasonable and not inconsistent with the right of Americans generally to individually keep and bear their private arms as historically understood in this country."
The court agreed with the trial court that the right to arms is an individually-held right, however. "All of the evidence indicates that the Second Amendment, like other parts of the Bill of Rights, applies to and protects individual Americans," the court stated. "We find that the history of the Second Amendment reinforces the plain meaning of its text, namely that it protects individual Americans in their right to keep and bear arms....We reject the collective rights and sophisticated collective rights models for interpreting the Second Amendment.
Moreover, the Eighth Circuit`s one paragraph opinion cited Miller, Oakes, infra, and Warin, infra, without any explanation, in holding that the Second Amendment has been analyzed "purely in terms of protecting state militias, rather than individual rights." While this statement is true, it certainly does not mean that Miller rejected the conclusion that an individual right was protected. Thus, the Eighth Circuit did not err in concluding that it was important that "Nelson has made no arguments that the Act would impair any state militia . . . . "
U.S. v. Cody, 460 F.2d 34 (8th Cir. 1972). This case involved the making of a false statement by a convicted felon in connection with the purchase of a firearm. After citing Miller for the propositions that "the Second Amendment is not an absolute bar to congressional regulation of the use or possession of firearms" and that the "Second Amendment`s guarantee extends only to use or possession which `has some reasonable relationship to the preservation or efficiency of a well-regulated militia,`" the court held that there was "no evidence that the prohibition of 922(a)(6) obstructs the maintenance of a well-regulated militia." Thus, the court acknowledged that the Second Amendment would be a bar to some congressional regulation of the use or possession of firearms and recognized that Miller required the introduction of evidence which showed a militia use for the firearm involved.
U.S. v. Decker, 446 F.2d 164 (8th Cir. 1971). Like Synnes, infra, the court here held that the defendant could "present . . . evidence indicating a conflict" between the statute at issue and the Second Amendment. Since he failed to do so, the court declined to hold that the record-keeping requirements of the Gun Control Act of 1968 violated the Second Amendment. As withSynnes, the court once again implicitly recognized that the right guaranteed belonged to individuals.
U.S. v. Synnes, 438 F.2d 764 (8th Cir. 1971), vacated on other grounds, 404 U.S. 1009 (1972). This is another case involving possession of a firearm by a convicted felon. In holding that 18 U.S.C. App. Section 1202(a) (reenacted in 18 U.S.C. 922(g) in 1986) did not infringe the Second Amendment, the court held (based upon its partially erroneous view of Miller) that there needed to be evidence that the statute impaired the maintenance of a well-regulated militia. As there was "no showing that prohibiting possession of firearms by felons obstructs the maintenance of a `well regulated militia,`" the court saw "no conflict" between 1202(a) and the Second Amendment. While Miller focused on the need to introduce evidence that the firearm had a militia use, Synnes at least recognized the relevance of a militia nexus. There was a clear recognition, moreover, that the Second Amendment guarantees an individual right.
Gilbert Equipment Co., Inc. v. Higgins, 709 F. Supp. 1071(S.D. Ala. 1989), aff`d, 894 F.2d 412 (11th Cir. 1990) (mem). The court held that the Second Amendment "guarantees to all Americans` the right to keep and bear arms`. . ."
U.S. v. Oakes, 564 F.2d 384 (1Oth Cir. 1977), cert. denied, 435 U.S. 926 (1978). Although the court recognized the requirement of Miller that the defendant show that the firearm in question have a "connection to the militia," the court concluded, without any explanation of how it reached the conclusion, that the mere fact that the defendant was a member of the Kansas militia would not establish that connection. In light of the fact that Miller (which defines the militia as including "all males physically capable of acting in concert for the common defense") saw no relevance in the status of a defendant with respect to the militia, but instead focused upon the firearm itself, this conclusion is not without basis.
U.S. v. Swinton, 521 F.2d 1255 (10th Cir. 1975). In the context of interpreting the meaning of the phrase "engaging in the business of dealing in firearms" in 18 U.S.C. 922(a)(1), the court noted, in dicta, merely that "there is no absolute constitutional right of an individual to possess a firearm." Emphasis added. Clearly, therefore, the court recognized that the right is an individual one, albeit not an absolute one.
U.S. v. Johnson, 497 F.2d 548 (4th Cir. 1974). This is one of the three court of appeals cases which uses the term "collective right." The entire opinion, however, is one sentence, which states that the Second Amendment "only confers a collective right of keeping and bearing arms which must bear a `reasonable relationship to the preservation or efficiency of a well-regulated militia`."4As authority for this statement, the court cites Miller and Cody v. U.S., supra. Yet, as the Supreme Court in Lewis, supra, made clear, Miller held that it is the firearm itself, not the act of keeping and bearing the firearm, which must have a "reasonable relationship to the preservation or efficiency of a well-regulated militia." The court did, however, recognize that Miller required evidence of the militia nexus. Moreover, the particular provision at issue in Johnson concerned the interstate transportation of a firearm by convicted felons, a class of persons which historically has suffered the loss of numerous rights (including exclusion from the militia) accorded other citizens.
U.S. v Bowdach, 414 F. Supp. 1346 (D.S. Fla 1976), aff`d, 561 F.2d 1160 (5th Cir. 1977). The court held that "possession of the shotgun by a non-felon has no legal consequences. U.S. Const. Amend. II."
U.S. v. Johnson. Jr., 441 F.2d 1134 (5th Cir. 1971). Once again, this decision merely quotes from Miller the statement concerning the requirement of an evidentiary showing of a militia nexus and a consequent rejection, without even the briefest of analysis, of the defendant`s challenging to the constitutionality of the National Firearms Act of 1934 (NFA). Apparently, the defendant failed to put on evidence, as required by Miller, that the firearm at issue had a militia use. Thus, Miller bound the appeals court to reject the defendant`s challenge.
Quilici v. Village of Morton Grove, 695 F.2d 261 (7th Cir.1982), cert. denied, 464 U.S. 863 (1983). In rejecting a Second and Fourteenth Amendment challenge to a village handgun ban, the court held that the Second Amendment, either of itself or by incorporation through the Fourteenth Amendment, "does not apply to the states. . ." The court, in dicta, went on, however, to "comment" on the "scope of the second amendment," incorrectly summarizing Miller as holding that the right extends "only to those arms which are necessary to maintain a well regulated militia." Thus, finding (without evidence on the record) that "individually owned handguns [are not] military weapons," the court concluded that "the right to keep and bear handguns is not guaranteed by the Second Amendment."
U.S. v. McCutcheon, 446 F.2d 133 (7th Cir. 1971). This is another case involving the NFA in which the court merely followed Miller in holding that the NFA did not infringe the Second Amendment.
U.S. v. Day, 476 F.2d 562 (6th Cir. 1973). Citing Miller, the court merely concluded, in reviewing a challenge to the statute barring dishonorably discharged persons from possessing firearms, that "there is no absolute right of an individual to possess a firearm." (Emphasis added.) Since there are certain narrowly defined classes of untrustworthy persons, such as convicted felons and, as here, persons dishonorably discharged from the armed forces, who may be barred the possession of firearms, it is a truism to say that there is not an absolute right to possess firearms. In so saying, the court implicitly recognized the individual right of peaceful and honest citizens to possess firearm.
U S. v. Warin, 530 F.2d 103 (6th Cir 1976), cert. denied,426 U.S. 948 (1976). Following, and relying upon, its earlier decision in Stevens, supra, the court simply concluded, without any reference to the history of the Second Amendment, that it "is clear the Second Amendment guarantees a collective rather than an individual right." The court also indicated that, in reaching its decision, it was relying upon the First Circuit`s decision in Cases. infra. Yet in concluding that not all arms were protected by the Second Amendment, Cases did not hold, as did Warin, that the Second Amendment afforded individuals no protections whatever. Warin also erred in concluding that Warin`s relationship to the militia was relevant to determining whether his possession of a machine gun was protected by the Second Amendment since the Supreme Court in Miller focused on the firearm itself, not the individual involved. In fact, Miller quite expansively defined the constitutional militia as encompassing "all males physically capable of action in concert for the common defense."
U.S. v. Tot, 131 F.2d 261 (3rd Cir. 1942), rev`d on other grounds, 319 U.S. 463 (1943). This is another case involving possession of a firearm by a convicted felon. Despite holding that the failure of the defendant to prove, as required by Miller, a militia use for the firearm was an adequate basis for ruling against the defendant, the court, in dicta, concluded that the Second Amendment "was not adopted with individual rights in mind . . ." This result was based on reliance on an extremely brief--and erroneous--analysis of common law and colonial history.5In addition, apparently recognizing that it decided the case on unnecessarily broad grounds, the court noted that, at common law, while there was a right to bear arms, that right was not absolute and could be restricted for certain classes of persons "who have previously. . . been shown to be aggressors against society."
U.S. v. Graves, 554 F.2d 65 (3rd Cir. 1977). Since the defendant in this case did not raise the Second Amendment as a challenge to the "statutory program which restricts the right to bear arms of convicted felons and other persons of dangerous propensities,"6 the only discussion of the Second Amendment is found in a bartnote wherein the court states "[a]rguably, any regulation of firearms may be violative of this constitutional provision."
Cases v. United States, 131 F.2d 916 (1st Cir. 1942), cert.denied sub nom., Velazquez v. U. S., 319 U.S. 770 (1943). In this case, the court held that the Supreme Court in Miller had not intended "to formulate a general rule" regarding which arms were protected by the Second Amendment and concluded, therefore, that many types of arms were not protected. Nonetheless, the court in Cases expressly acknowledged that the Second Amendment guarantees an individual right when it noted that the law in question "undoubtedly curtails to some extent the right of individuals to keep and bear arms . . ." Id. at 921. (Emphasis added.) Moreover, the court in Cases concluded, as properly it should have, that Miller should not be read as holding that the Second Amendment guaranteed the right to possess or use large weapons that could not be carried by an individual.
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U.S. District Court Cases
U.S. v. Gross, 313 F.Supp. 1330 (S.D. Ind. 1970), aff`d on other grounds, 451 F.2d 1355 (7th Cir. 1971). In rejecting a challenge to the constitutionality of the requirement that those who engage in the business of dealing in firearms must be licensed, the court, following its view of Miller, held that the defendant had not shown that "the licensing of dealers in firearms in any way destroys, or impairs the efficiency of, a well regulated militia."
U.S. v. Kraase, 340 F.Supp. 147 (E.D. Wis. 1972). In ruling on a motion to dismiss an indictment, the court rejected a facial constitutional challenge to 18 U.S.C. 922(a)(5) -- which prohibited sales of firearms to residents of other states. Recognizing that an individual right was protected, it held that "second amendment protection might arise if proof were offered at the trial demonstrating that his possession of the weapon in question had a reasonable relationship to the maintenance of a `well-regulated Militia.`"
Thompson v. Dereta, 549 F. Supp. 297 (D. Utah 1982). An applicant for relief from disabilities (a prohibited person) brought an action against the federal agents involved in denying his application. The court dismissed the case, holding that, because there was no "absolute constitutional right of an individual to possess a firearm," there was "no liberty or property interest sufficient to give rise to a procedural due process claim."
Vietnamese Fishermen`s Assoc. v. KKK, 543 F.Supp. 198 (S.D.Tex. 1982). Like the statute faced by the Supreme Court in Presser v. Illinois, 116 U.S. 252 (1876), the Texas statute and the injunction at issue here prohibited private military activity. Mis-characterizing Miller, the court held that the Second Amendment "prohibits only such infringement on the bearing of weapons as would interfere with `the preservation or efficiency of a well-regulated militia,` organized by the State." Later, however, the court, following Miller, explained that the "Second Amendment`s guarantee is limited to the right to keep and bear such arms as have `a reasonable relationship to the preservation or efficiency of a well regulated militia.`" The courts`s understanding of the Second Amendment is thus inconsistent and, given the facts of the case, largely dicta.
U.S. v. Kozerski, 518 F.Supp. 1082 (D.N.H. 1981), cert. denied, 469 U.S. 842 (1984). In the context of a challenge to the law prohibiting the possession of firearms by convicted felons; the court, while holding correctly (see discussion of Nelson, supra) that the Second Amendment "is not a grant of a right but a limitation upon the power of Congress and the national government, "concluded that the right "is a collective right . . . rather that an individual right," citing only Warin, supra. As a district court in the First Circuit, however, the court was bound by Cases, supra, which expressly recognized that the right belonged to individuals.
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1 According to Art. I, Sec. 8, cl. 15 of the Constitution, the functions of the militia are: "to execute the Laws of the Union, suppress Insurrections, and repel Invasions. . . ." Thus, the militia has a law enforcement function, a quasi law enforcement/quasi military function, and a military function. As a result, those firearms which are "arms" within the meaning of the Second Amendment are those which could be used to fulfill any of these functions.
2 Thus, when combined with the militia test--see bartnote 1--it is clear that cannons, trench mortars, rockets, missiles, anti-tank weapons (such as bazookas), and bombs would not be "arms" within the meaning of the Second Amendment.
3 Of the 13 federal courts of appeals, 8 have spoken on the Second Amendment, half holding that the right guaranteed is not an individual right, half holding that it is an individual right; one circuit has gone both ways. The remaining four have been silent. All of these cases, however, preceded the Supreme Court`s decision in U.S. v. Verdugo Urquidez.
4 As with all rights guaranteed in the Bill of Rights, the Second Amendment does not "confer" any rights; it merely protects rights from government interference.
5 For example, the court referred to the colonists as "a defenseless citizenry. . ." In fact, it was precisely because the citizens did have arms and were not defenseless that they desired the Second Amendment; they did not want to become defenseless.
6 Implicit in this language is the fact that the Second Amendment guarantees an individual right, albeit a right that may not be enjoyed by some narrowly defined class of untrustworthy persons.
livefire
Joined:
2/3/2007
Msg:
381 (
view
)
Looks really are everything....
Posted:
4/22/2007 1:45:01 AM
I for one would go for the 'average Jane' anyday. Sure the 'hotties' are nice to look at, but my experience has shown that they tend to be too self involved and selfish. Not all of course, just the ones I seem to meet. The only 'looks' requirement I put on a potential mate is obtainable by almost anyone.
livefire
Joined:
2/3/2007
Msg:
389 (
view
)
New gun law in Florida
Posted:
4/22/2007 12:24:22 AM
Crap? It was a proposed law there and made headlines world wide. I have to say I like the idea of having regular renewals for firearms much the same as driving licences. If one becomes incompetent or otherwise at risk to share the same rights and priveledges as the "normal" citizens there is the opportunity to correct it. I take it then that the law didn't pass in Louisiana?
By the way Canadians, we can't just shoot someone for trespassing either. If they break in to your house, it is justified, but if they are on your front porch and haven't started breaking in yet, you can't.
^^^ Maybe not in Louisiana but you can in Florida read the statute or their own newpapers, unarmed guys being shot on a frontlawn for the crime of being drunk, over 6 feet tall and 270 Lb's. Maybe those in Louisiana just have bigger balls and will wait till there is a genuine threat before reacting? But then again Florida is full of strange laws not soley related to guns ....... must be all that sun and meds for the aged population:rollo:
You attack the poster for questioning your source....but you still didn't show us where we could verify what you've claimed. I for one would like to read up on it, so I can form an INFORMED opinion on the matter.
livefire
Joined:
2/3/2007
Msg:
128 (
view
)
Why did you divorce/split?
Posted:
4/21/2007 11:45:43 PM
She decided that she didn't love the kids and I anymore and was going to concentrate on being a slut.....(these were HER words BTW) I had a shorter answer but the system wouldn't let me post it.
livefire
Joined:
2/3/2007
Msg:
61 (
view
)
gun control in the usa
Posted:
4/21/2007 9:46:52 PM
Interesting thing is, the LA Times also put out this article on 4/20/2007.... trying to be 'all things to all people'?
Gun control isn't the answer
Why one reaction to Virginia Tech shouldn't be tightening firearm laws.
By James Q. Wilson, JAMES Q. WILSON teaches public policy at Pepperdine University and previously taught at UCLA and Harvard University. He is the author of several books, including "Thinking About Crime."
April 20, 2007
THE TRAGEDY at Virginia Tech may tell us something about how a young man could be driven to commit terrible actions, but it does not teach us very much about gun control.
So far, not many prominent Americans have tried to use the college rampage as an argument for gun control. One reason is that we are in the midst of a presidential race in which leading Democratic candidates are aware that endorsing gun control can cost them votes.
This concern has not prevented the New York Times from editorializing in favor of "stronger controls over the lethal weapons that cause such wasteful carnage." Nor has it stopped the European press from beating up on us unmercifully.
Leading British, French, German, Italian and Spanish newspapers have blamed the United States for listening to Charlton Heston and the National Rifle Assn. Many of their claims are a little strange. At least two papers said we should ban semiautomatic assault weapons (even though the killer did not use one); another said that buying a machine gun is easier than getting a driver's license (even though no one can legally buy a machine gun); a third wrote that gun violence is becoming more common (when in fact the U.S. homicide rate has fallen dramatically over the last dozen years).
Let's take a deep breath and think about what we know about gun violence and gun control.
First: There is no doubt that the existence of some 260 million guns (of which perhaps 60 million are handguns) increases the death rate in this country. We do not have drive-by poisonings or drive-by knifings, but we do have drive-by shootings. Easy access to guns makes deadly violence more common in drug deals, gang fights and street corner brawls.
However, there is no way to extinguish this supply of guns. It would be constitutionally suspect and politically impossible to confiscate hundreds of millions of weapons. You can declare a place gun-free, as Virginia Tech had done, and guns will still be brought there.
If we want to guess by how much the U.S. murder rate would fall if civilians had no guns, we should begin by realizing — as criminologists Franklin Zimring and Gordon Hawkins have shown — that the non-gun homicide rate in this country is three times higher than the non-gun homicide rate in England. For historical and cultural reasons, Americans are a more violent people than the English, even when they can't use a gun. This fact sets a floor below which the murder rate won't be reduced even if, by some constitutional or political miracle, we became gun-free.
There are federally required background checks on purchasing weapons; many states (including Virginia) limit gun purchases to one a month, and juveniles may not buy them at all. But even if there were even tougher limits, access to guns would remain relatively easy. Not the least because, as is true today, many would be stolen and others would be obtained through straw purchases made by a willing confederate. It is virtually impossible to use new background check or waiting-period laws to prevent dangerous people from getting guns. Those that they cannot buy, they will steal or borrow.
It's also important to note that guns play an important role in selfdefense. Estimates differ as to how common this is, but the numbers are not trivial. Somewhere between 100,000 and more than 2 million cases of self-defense occur every year.
There are many compelling cases. In one Mississippi high school, an armed administrator apprehended a school shooter. In a Pennsylvania high school, an armed merchant prevented further deaths. Would an armed teacher have prevented some of the deaths at Virginia Tech? We cannot know, but it is not unlikely.
AS FOR THE European disdain for our criminal culture, many of those countries should not spend too much time congratulating themselves. In 2000, the rate at which people were robbed or assaulted was higher in England, Scotland, Finland, Poland, Denmark and Sweden than it was in the United States. The assault rate in England was twice that in the United States. In the decade since England banned all private possession of handguns, the BBC reported that the number of gun crimes has gone up sharply.
Some of the worst examples of mass gun violence have also occurred in Europe. In recent years, 17 students and teachers were killed by a shooter in one incident at a German public school; 14 legislators were shot to death in Switzerland, and eight city council members were shot to death near Paris.
The main lesson that should emerge from the Virginia Tech killings is that we need to work harder to identify and cope with dangerously unstable personalities.
It is a problem for Europeans as well as Americans, one for which there are no easy solutions — such as passing more gun control laws.
livefire
Joined:
2/3/2007
Msg:
541 (
view
)
Shootings at Virginia Tech
Posted:
4/21/2007 9:28:24 PM
Hey Byrd - How you reacted/went on with your life displays your character - not your childhood. What these people did was wrong-plain and simple. And I would never fault you for what you did to someone that kidnapped you. The only difference is that, if you had lived in most any other state of the union you would have been given a medal rather than put away....though it sounds like you would still have ended up in some kind of foster care until you turned 18.
As long as you don't do those same things to your children, you have shown your good character and broken the chain of abuse - good for you!
livefire
Joined:
2/3/2007
Msg:
23 (
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)
How do you feel about illiteracy on this site?
Posted:
4/21/2007 9:02:15 PM
I agree fishkeepercop, it takes me longer to type those abbreviations then the actual words anyway-lol. Nice AR by the way and thank-you for your service.
livefire
Joined:
2/3/2007
Msg:
60 (
view
)
gun control in the usa
Posted:
4/21/2007 8:53:25 PM
Todays society would rather blame something/someone else than to take responsibility for their own actions.
livefire
Joined:
2/3/2007
Msg:
536 (
view
)
Shootings at Virginia Tech
Posted:
4/21/2007 8:07:55 PM
Self-Defence: More gun-owners are killed either by their own gun or the criminals' than saved by using their gun.
I am sure that is what you have been taught, however, it isn't true. According to FBI estimates, firearms are used 2 to 5 times more(depending on location) often to defend then attack. They say up to 2 million times per year in the U.S. alone. They continue saying that it is difficult to say exactly as most of the time, these incidents are not reported. Less than 1% of the people that are injured or killed accidently with a firearm, own a firearm or grew up in a household where firearms were present. Injuries from firearms are caused by a combination of curiousity and a lack of education on using them correctly and safely.
Also, most gun owners are male (as are most violent shooters). So why aren't the majority of gun owners female?
This used to be somewhat true when divorces weren't so prevelant in our society. Typically, the husband/father did most of the hunting and the females depended on the males for protectionl. However, in the past 25 years, women make up almost 60% of the first time firearm buyers(again, I'm referring to the U.S. here).
I am only adding this in HOPES that before people make up their minds on which side of the issue they stand, they would take the time to find out the facts (from unbiased sources) about this issue-or any issue. Don't simple make up your minds by what you see of TV, or what someone tells you. Todays media is EXTREMELY bias - they tell you what THEY WANT YOU TO BELIEVE, period. They take the facts and maniputlate them around until fit their agenda-and this goes for all mainstream media.
I agree with the posters that say the true underlying problem is the widening wealth gap in today's societies. The reason that most crime occurs in the 'ghetto's or projects', isn't because these people that live there are more prone to crime because of their race. It is because of the true lack of opportunities for these people to support themselves and their families. Be honest with yourself for a minute-if the only way to feed/house yourself/your family was to steal, would you do it or live on the street and starve? Would you sit there and listen to your baby cry from hunger or from suffering in the elements, or would you find a way to provide for him/her? This problem didn't arise overnight, and it wasn't [completely] brought on by the violence in todays media's of choice, it was mostly(my opinion and the opinion of many so called experts) brought on by necessity. I will be the first one to spout off that if you really want a job, you can find one. However, I also DO realize that there are few entry level jobs anymore that anyone could honestly support someone/a family. With the lack of wages keeping up with inflation, it takes young families at least 2 incomes to 'make a living' (though I also feel that most people today think that having all the latest 'gadgets' are part of the 'necessities' of life. Between this and credit cards...but that is another thread entirely) in todays society. Poverty level is based around US$20k/ year these days(depending on your location-that may not even give you a place to live) which means you would have to make at least US$10/hr - that is assuming your employer allows you to work 40 hours a week. Many these days do not, because then they will also have to pay additional taxes on that full-time employee. My personal opinion is that the employers that don't work their people 40 hour weeks should pay a higher tax rate as these employee's will have a higher likelyhood of needing government assistance-yet another thread. We are into the 2nd and 3rd generation of people that found it necessary[real or perceived] to have 2 income households to survive. Which means that their children are either being raised by a daycare, the TV, or as in the case of these low income areas, the streets. If your child comes home to an empty house because both their parents are at work(doing what they have to to make a living), that child will end up being raised by their friends who may or may not be good influences. They see their parents(no matter how well intentioned) having to work 2 jobs and struggle to make ends meet, while their 'friends' who steal or sell drugs are buying all the latest gadgets and driving the hottest cars. If these are the only choices you have growing up, what do you think would you tend to lean toward? Especially when there are no adults around most of the time to teach you otherwise.
There are many things that could have attributed to this persons reason for 'going off'. In the end, however, I am a staunch believer in you are responsible for your own actions, period. Reguardless of how many times you were teased, reguardless of what kind of childhood you had, reguardless of how hard/easy your life has been up to this point - YOU HAVE NO-ONE TO BLAME BUT YOURSELF FOR THE CHOICES YOU MAKE. Only time will tell whether they turn out to be the right choices. If you need finacial help, psyhological help, emotional help, or whatever - in MOST instances that help is available. Even if it isn't, that is still no excuse to commit acts like this. The American dream is available to anyone, but you are not ENTITLED to it just becuase you live here(by birth or otherwise), you must work, and work hard in most cases, to obtain it-it won't come looking for you.
livefire
Joined:
2/3/2007
Msg:
490 (
view
)
Shootings at Virginia Tech
Posted:
4/19/2007 10:48:07 PM
Where do we go from here? I think it starts from each one of us; let’s lay down our prejudices and respect one another as the human beings we are. Let’s be kind to one another, including ourselves.
Without a doubt, the best advice I've read in this entire thread.
livefire
Joined:
2/3/2007
Msg:
487 (
view
)
Shootings at Virginia Tech
Posted:
4/19/2007 9:34:07 PM
bigone80 - I am not sure who Kwing Hung is, or where he works, but here are the stats for 2005 in the USA. http://www.ojp.usdoj.gov/bjs/glance/tables/guncrimetab.htm
Murders committed with a firearm were 3.8 per 100,000 - not 3.8 TIMES the Canadian rate unless you are claiming that Canada had a 1.0 murder rate?
At no point since 1973 did the rate for the USA get above 6.5 per 100,000. So how did Hung come up with an average of 8.8?
livefire
Joined:
2/3/2007
Msg:
47 (
view
)
33 year old mom pimps 7 year old daughter to cop
Posted:
4/18/2007 6:26:42 PM
Sexual abuse is wrong, who cares what lame excuse the pervert uses to justify the act?
As far as those stats go...25%? That seems pretty far fetched if you consider the population as a whole. I won't dispute that it's possible that the people that were included in the case study weren't telling the truth, or that 25% of THAT GROUP weren't abused. However, throwing out a number like that makes me feel that the people conducting the study targeted 'high risk' participants.
Be that as it may, what does it matter if it is 25% or .001%? The children in these situations need to be rescued, plain and simple. If only one child is in a bad situation, be it sexual abuse, drugs, or whatever - that is one child too many.
I commend those that have taken these children under their wing and shown them a loving household, taking them out of these bad situations - kudo's to all of them. I would also caution, however, to be sure of your facts before jumping to any conclusions about anyone. If the abuse is present, then the evidence won't be hard to come by. If all you have is hearsay and rumors, you could be ruining many peoples lives over something that could amount to nothing but just that, hearsay and rumors. As another poster already stated, everyone will remember the accusations, not the final verdict if they are found innocent. The accused will spend the rest of their life being shunned for something they didn't do, the child will be shunned as damaged goods, and the extended family will suffer public ridicule.
livefire
Joined:
2/3/2007
Msg:
280 (
view
)
Shootings at Virgina Tech
Posted:
4/17/2007 7:16:11 PM
Terrorist groups target the U.S. because the world watches us, and they will get the most media coverage by attacking American interests around the world. Using the U.S. as a target gives them the most proproganda bang for the buck. If we surrendered tomorrow, do you honestly believe they would then put down their arms/bombs or whatever and live in peace? These people have been killing infidels(all non-believers/conformers) for over 3000 years, the U.S. has only been around for 231 years - so the 2769 years leading up to our formation was just a warm up period? These people don't understand anything but violence
Nearly 300,000 people died at the hands of 1 war lord in Samolia in less than a year. If it wasn't for the movie Blackhawk Down, how many people would have even known the real reason why there were U.S./UN troops down there?
As far as gun laws go, there are already laws against bringing firearms on campus-they obviously didn't stop this tragedy. Statistics have shown, without exception, that the tighter the restrictions on individual ownership of firearms, the higher the crime rate. Washington D.C and Chicago have the tightest restrictions on handgun ownership in the States and have the 'honor' of being ranked 1 & 2 in per-capital murder rates. Australian citizens spent over $500,000,000 buying back and destroying nearly every firearm in their country, their reward? Violent crimes involving firearms went up as much as 300% in some cities. Why? Because the criminals know that their victims won't be able to defend themselves.
In 1929, the Soviet Union established gun control. From 1929 to 1953, about 20 million dissidents, unable to defend themselves, were rounded up and exterminated.
------------------------------
In 1911, Turkey established gun control. From 1915 to 1917, 1.5 million Armenians, unable to defend themselves, were rounded up and exterminated.
------------------------------
Germany established gun control in 1938 and from 1939 to 1945, a total of
13 million Jews and others who were unable to defend themselves were rounded up and exterminated.
------------------------------
China established gun control in 1935. From 1948 to 1952, 20 million political dissidents, unable to defend themselves, were rounded up and exterminated.
------------------------------
Guatemala established gun control in 1964. From 1964 to 1981, 100,000 Mayan Indians, unable to defend themselves, were rounded up and exterminated.
------------------------------
Uganda established gun control in 1970. From 1971 to 1979, 300,000 Christians, unable to defend themselves, were rounded up and exterminated.
------------------------------
Cambodia established gun control in 1956. From 1975 to 1977, one million 'educated' people, unable to defend themselves, were rounded up and exterminated.
-----------------------------
Defenseless people rounded up and exterminated in the 20th Century because of gun control: 56 million.
------------------------------
In the first 12 months since gun owners in Australia were forced by new law to surrender 640,381 personal firearms to be destroyed by their own government, a program costing Australia taxpayers more than $500 million dollars.
The first year results are now in: Australia-wide, homicides are up 3.2 percent Australia-wide, assaults are up 8.6 percent. Australia-wide, armed robberies are up 44 percent (yes, 44 percent)! In the state of Victoria alone, homicides with firearms are now up 300 percent. Note, that while the law-abiding citizens turned them in, the criminals did not, and criminals still possess their guns!) While figures over the previous 25 years showed a steady decrease in armed robbery with firearms, this has changed drastically upward in the first 12 months, since criminals now are guaranteed that their prey is unarmed. There has also been a dramatic increase in break-ins and assaults of the ELDERLY. Australian politicians are at a loss to explain how public safety has decreased, after such monumental effort, and expense was expended in successfully ridding Australian society of guns. The Australian experience and the other historical facts above prove it.
You won't see this data on the American evening news or hear our president,governors or other politicians disseminating this information. Guns in the hands of honest citizens save lives and property and, yes, gun-control laws affect only the law-abiding citizens.
The new trend in the U.S. is concealed carry licenenses, where any citiizen 21 years, with a clean criminal record(no felonies or violent offenses of any kind-including domestic violence) can take a class and apply for the right to carry a handgun. The result? In every state that has adopted this stance(39 at last count) has seen it's violent crime rate drop an average of 20% within a year. Since the firearm must be concealed, the crimals don't know who is carrying and who isn't.
I for one am all for finding a way to prevent this kind of tragedy from happening again, but lets find a SOLUTION to the problem-not add to it by making it illegal for people to make the choice of defending themselves or not.
livefire
Joined:
2/3/2007
Msg:
19 (
view
)
Is this polite?
Posted:
4/14/2007 8:09:26 PM
What I read here is a bunch of people that have come to accept the games, and being used, as part of the dating process. I guess I'm old fashioned because I don't.
If he can't take 2 minutes to answer an email when he was obviously online, then he is trying to keep you in reserve (as one other poster said). If he is into you, he will respond to your email the next time he is online, not whenever he doesn't hear from some other chic he emailed. He likes your looks and feels your good enough for hard times, but isn't ever going to put you front and center. Move on to someone that will concentrate on you and give you the attention you[we all] deserve.
livefire
Joined:
2/3/2007
Msg:
16 (
view
)
Can a woman that has cheated in the past, be trusted not to cheat in the future?
Posted:
4/13/2007 5:20:53 PM
Ok, I'm not a chic, but I have been in your shoes. My ex-wife was bi-polar. She cheated on me, I kicked her out and filed for divorce. Six months later she talked me into taking her back... "I'm seeing consoulers, taking my meds, I would rather die than hurt you like that again..." Anyway, less than 3 years later she did it again.
My advice is, you have already gotten rid of her - leave it that way. She has shown her true colors and she will do it again. Don't buy into all the 'they can change' BS. Even if she takes her meds forever(chances are she won't, been there, ok?), her body will work up a tolerence to them and guess what????? She will be manic/depressant again. And she won't tell you about it because they LIKE it. They like the feeling of freedom that being manic gives them. It is a continous 'high' that they will not tell you about, you will find out the hard way. During this time they have a deep rooted 'I don't care' attitude. They know the consequences of what they are doing, but it doesn't matter - there is no future, just here and now. "I know by doing this I will lose my husband, the kids, the house, and my job but I don't care, I'm doing it anyway."
Bi-polar people cheat while they are manic, not during depression. While they are depressed, they are not interested in sex or anything else for that matter. They barely have enough enthusiasm to consider suicide, which during this time is a viable option to them.
Keep a bi-polar person away from alcohol and drugs. These will bring on manic in a heartbeat(which is why many of them become alcoholics-like I said before, they LIKE being manic). Even today, when my ex-wife calls, I can tell within the first 3 words she says whether or not she has been drinking.
livefire
Joined:
2/3/2007
Msg:
9 (
view
)
to pursue or not to pursue?
Posted:
4/12/2007 7:19:28 PM
Nothing wrong with a woman doing the asking, or at least throwing out a few hints(flirts) to help ease the guys nervousness if he is unsure.
livefire
Joined:
2/3/2007
Msg:
25 (
view
)
is this another red flag?
Posted:
4/12/2007 7:13:50 PM
I don't think it would be too early, as it sounds like the 2 of you are 'haning out', testing the waters to see if anything is there. If having [more] children is an important issue to him, he might as well find out now before the 2 of you have several weeks invested.
livefire
Joined:
2/3/2007
Msg:
12 (
view
)
Need a male perspective ...
Posted:
4/12/2007 7:06:52 PM
If they get offended by you asking for their name, just move along quickly(and watch over your shoulder)
livefire
Joined:
2/3/2007
Msg:
16 (
view
)
Falling in love with a profile?
Posted:
4/12/2007 7:04:08 PM
How could someone 'fall in love' with a profile???? I mean really!! Get a grip man... back away from the computer.....
livefire
Joined:
2/3/2007
Msg:
4 (
view
)
I'm actually rather annoyed.
Posted:
4/10/2007 6:55:14 PM
But wait! I come with a free set of Ginsu knives!
livefire
Joined:
2/3/2007
Msg:
31 (
view
)
Who would you choose ?
Posted:
4/10/2007 6:53:06 PM
Whether a woman has kids or not does not make a difference to me. Much of the time, I would prefer to date a woman with children, because I do, and they understand the commitment it takes to be a good parent. Not to mention, the kids can be a instant test to what kind of mother she is, since she will be around mine at some point.
All things equal, the deciding factor would be how she/we balance the time between the children and our relationship.
livefire
Joined:
2/3/2007
Msg:
16 (
view
)
When to stop chasing
Posted:
4/9/2007 3:04:09 PM
If I wanted to play games, I'd break out a deck of cards. Either your interested or your not. The chase, hard to get, don't give up the milk, etc, etc, are all games. If you are truly interested in someone you will let the relationship progress on it's own, nomatter what that speed may be. You will communicate with them on a regular basis, see them on a regular basis, and be honest in your feelings at all times and see where it leads. If you are holding anything back, you are poisoning the relationship and it is destined to fail.
livefire
Joined:
2/3/2007
Msg:
10 (
view
)
Can you guys explain to me the basic concept of the male player?
Posted:
4/8/2007 11:07:47 PM
LOL - so we are to assume that when a 'hot' chick is with an ugly guy (beauty is in the eye of the beholder, or beerholder), it is only because he is giving her money? Surely you aren't making that assumption...
I tend to date a lot of different women because I am looking for a longterm relationship. If after a few conversations, a few dates, or a few months, I realize that it won't amount to anything-I move on. Does this make me a player? I don't think it does as I am always honest with them, don't make them promises I don't keep, and I certainly don't give them any money or lavish gifts.
A little secret right back at ya- any guy with any experience can spot a gold digger within the first 30 minutes. If we let her stick around, it's because she'll do until someone genuine comes along.
livefire
Joined:
2/3/2007
Msg:
58 (
view
)
What age is acceptable for a man to be living with his parents?
Posted:
4/8/2007 9:07:41 PM
You know, until recently, there would be no way I would consider living with my parents again.
I got divorced about 6 years ago and kept the house and have my kids 50% of the time. I have a decent job and have since paid the house off so financially, there would be no need for me to move back into my parents place. Lately (and again today), my dad asked me if I would consider moving in their place when he passes away (he has cancer) as mom would not be able to take care of the place (they have a small ranch) or afford to pay the bills on her own. From that angle, I might consider it.
livefire
Joined:
2/3/2007
Msg:
2 (
view
)
Why do girls cheat?
Posted:
4/4/2007 5:26:06 PM
Interesting article. I would have to agree that once they have cheated, they can never be trusted again. The only thing I would add would be:
If they will cheat WITH you, they will cheat ON you.
livefire
Joined:
2/3/2007
Msg:
4 (
view
)
Guys I have to ask ?
Posted:
4/4/2007 5:01:21 PM
Must be a NYC thing. Just one more reason why I wouldn't live there, I wouldn't fit in.
livefire
Joined:
2/3/2007
Msg:
5 (
view
)
If a chic says it hurts how dos the guy feel?
Posted:
3/26/2007 8:02:46 PM
If she says 'OUCH!' I tell her to 'Take it All!'
***Not really ok?-lol.
Yes, it would bother me if I knew I was hurting her. I want the lady to enjoy herself, not suffer through it.
livefire
Joined:
2/3/2007
Msg:
93 (
view
)
Help out a born prude!
Posted:
3/26/2007 7:52:09 PM
Whether I agree with the OP or not, I do admire her for sticking to her convictions. In this 'follow the leader/latest fad' society, someone that goes their own path is getting harder and harder to find. You sound like a real catch in this day and age, I hope you find someone that will see this and fulfill your dreams.
It's said that in a relationship with a good sex life, sex is but 10% of the equation. In a relationship with a poor sex life, it is 90%. It's like many things, you don't miss or dwell on it until your no longer getting it.
livefire
Joined:
2/3/2007
Msg:
2 (
view
)
anyone have any idea? OMG!!!!!!!!!!!!!
Posted:
3/25/2007 1:44:52 AM
Some people seem to need the confrontational environment for some reason. My theory is that it keeps their nerves on end, which gives them 'butterflies' that they associate with the 'butterflies' they had when they first met. I've seen it many times before myself, very sad really, that they can't see the difference or the harm it is causing everyone concerned-especially the children. Women want that 'bad boy' thing and then wonder why they seem to end up in bad situations.
I found out he is a meth head, E freak and I would not be surprised is he’s a coke head as well…(from the out side you would never know it) but really, how do ppl stay with ppl like that
I don't know these people, but chances are she stays either for the kids or for the fact that she is one as well.
livefire
Joined:
2/3/2007
Msg:
6 (
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Stretch Marks ....
Posted:
3/23/2007 9:51:01 PM
Does he have kids? If not, he may not be ready for "reality" of dating someone with children.
and this guy was hot ( and he knew it)
He may be too arogant to deal with the idea that, when a person is a parent, occasionally the mood or activity may be interupted.
I suppose it is possible that he didn't like the stretch marks, but I think it was more along the lines of selfishness. He is not willing to play 'second fiddle' to your child.
livefire
Joined:
2/3/2007
Msg:
6 (
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Wanted to pass along some info
Posted:
3/23/2007 9:38:13 PM
First off, I think it's a good idea to have the latest information on your children, including a recent picture. Not sure I want to leave it up the government to have all of this information, but to each their own. I would, however, be sure to teach her NOT to show it to everyone. Someone could ask to see it and use the information to convince even a well educated child to go with them, after all, they "know so much about me".
Oh, and Hillary Clinton purposed to make it mandatory to have all this information, including medical records, saved onto a GPS monitored chip implanted into the back of everyone's hand, much like they do to animals already. Sound good? Not to me. I personally have no desire for any governing body to be able to track my every move. Not because I have a concern about being caught doing something wrong, but because the more power the government has, the more they tend to abuse it, no matter how good the original intentions may have been.
just my 2 cents.
livefire
Joined:
2/3/2007
Msg:
18 (
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men r confusing :s
Posted:
3/22/2007 5:46:30 PM
Very well put, blastkissed....blunt, but to the point.
The first point I would add is the fact you say he has a bad temper - this is NOT a good thing - ever. I know that many women seem to like this because it keeps you 'on edge', which give you nervous 'butterflies' that they mistake for other feelings. In the long run, it will get you physically hurt, or worse. Are you looking for a spot on a future episode of Cops?
IF you want someone to trust you, you must be trustworthy (i.e., being worthy of their trust). If you are hanging out with men that claim to be your 'friends', they would respect your relationship and would not hit on you. They are only hanging out with you for a 'weak moment' where they can pounce and get a little azz. So, are they worthy of your friendship?
livefire
Joined:
2/3/2007
Msg:
5 (
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Sweet Idea Exchange ***FREE***
Posted:
3/22/2007 5:16:37 PM
The day after thanksgiving every year, the kids and I go to a Christmas Tree farm and pick out our tree. The place we go to has a hayride that takes you to the area where the tree's are and drops you off. Once you have looked at all the tree's about 36 times-lol- you cut down your favorite and drag it back to the trail where the tractor will pick you up(along with the tree of course) and take you back to the main buiding where hot chocolate and sugar cookies are waiting. While your warming up and paying for tree, they bundle it and load it in the truck. We have been doing since 1994, and the kids look forward to it every year.
livefire
Joined:
2/3/2007
Msg:
15 (
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50/50 shared custody
Posted:
3/20/2007 8:56:35 PM
I have a true 50/50 with my kids and it is working just fine. When we split, the kids were 9, 5, and 1. My kids are all well adjusted, are not failing classes(in fact-my 2 youngest are doing work WAY beyond their grade level), do not get detention, have great attitudes, etc., etc. I have no problems with them whatsoever, so I would have to be at least one person that will have to say that it works wonderfully.....IF
(the dreaded IF)....Both parents are committed to the arrangement- They do not undermine each others authority and they communicate on how to solve any problem that does come up.
The biggest mistakes I see parents make is trying to 'compensate' for the divorce by letting them get away with things or buying them gifts, and a lack of true consistancy in their parenting. A persons parenting routine should not change AT ALL. The kids will hear from their friends how they can get away with this and that and will try to test the waters-it's inevitable. By continuing to be consistant in how you raise them, you will show the children that the only thing changing is their parents will no longer live together. If both parents adhere to this, the children will quickly see that their behaviour will still be expected to be the same, even though the living situation has changed.
It will take time for the kids to become accustomed to the routine, but they will, and things will become a new form of 'normal'.
Over the years though, I've seen him in detention too many times, projects have been always waaaay overdue, he skips classes, speeches and homework are rarely ever done on time, he appears unclean and not groomed properly alot of times, well ... the list goes on.
It sounds like this child has been allowed to get out of control - I can only speculate. A parent needs to be the parent first and foremost. So many parents try to be the kids' 'friend' and wonder why they don't take you seriously. So many parents try to compensate for the split and allow them to run wild/lash out/or do things you wouldn't normally let them do. This is the worst thing you can do IMO,you have 'blurred' the boundries and it will be a constant, uphill battle from there on out, especially for mothers. "If mom/dad let me get away with this, then I bet I can get away with that", and age doesn't matter. From birth, children learn how to get what they want and know how to play you. A 1 week old baby already knows that if they cry, you will feed them or change their diaper. As they get older, they will learn to use guilt/jealousy/playing one parent off the other to get what they want. They are not stupid by any means, they know what they are doing...and that applies to ANY age.
livefire
Joined:
2/3/2007
Msg:
2 (
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OKC get together?????
Posted:
3/19/2007 7:19:35 PM
Well, I can't help you with OKC. I would think that with a city that size there would be more people on here that would be interested in getting together for a game of pool or whatever.
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