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Well Regulated

Our problems are man-made, therefore they may be solved by man. No problem of human destiny is beyond human beings. ~ John F. Kennedy

 

Like most reasonable people, I’m disgusted with what happened in Newtown Connecticut last Friday. Sadness and disbelief cast a pall over much of the office that afternoon. On Facebook and other social media, I started to see prayer chains, calls for peace and understanding. Nothing bad or offensive, but then I noticed a few outlandish items slowly start to creep in that bothered me. But for clarity and space, I’m only going to focus on one for this week’s column. 

 “If the staff had been armed this could have been prevented.”

Let that sink in for a minute. Arming teachers. In elementary school. Am I the only person who hears this and thinks, “That person must have been dropped on their head as a small child?” If you think that arming teachers is an answer to this issue, I’m not even sure you should be a part of the conversation that needs to happen.

Guns have never really been an "issue" of mine. I do not own any guns but neither do I live in fear of gun violence but enough is enough. We've had SEVEN mass shootings this year. SEVEN! I'm not in favor of repealing the Second Amendment but I am in favor of well-regulating it with severe penalties (including prison) and stiff fines if your legally obtained firearm is used in the commission of a crime where fatalities result. EVEN if the gun is stolen from you. If you are not responsible enough that you cannot adequately store your weapons, you should pay the price with criminal and civil liability.

I’m also in favor of registering all guns and closing the loop holes in the private gun market. Including mandatory classes and insurance coverage. Yes, I know that criminals will still use guns in the commission of crimes and they will be vigorously prosecuted like always. However, criminals are not going on mass shooting sprees. Seventy-five percent of all the guns used in the more than 60 mass shootings over the past 30 years were obtained legally. (Source: Mother Jones)

John Oliver summed it up best when he said, “One failed attempt at a shoe bomb and we all take off our shoes at the airport. Thirty-one school shootings since Columbine and no change in our gun regulation.”

Not a single person died on that plane yet it spawned an over-reaction that still boggles my mind but we refuse to take action to prevent tragedies that involve firearms. Tim McVeigh blew up a building with fertilizer. Guess what? We now regulate and track the sale of fertilizer. For the love of Mike, I can't even buy the good Sudafed without having to show my license.

This right here:

"We the people of the United States, in order to form a more perfect union, establish justice, INSURE DOMESTIC TRANQUILITY, provide for the common defense, PROMOTE THE GENERAL WELFARE, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

Trumps this:

"A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

It doesn’t get more general welfarey than being allowed to not die in your classroom or your place of worship. Save the tired arguments about forks and pencils. They’re stupid. No one has killed a group of people by eating them to death nor has anyone died in a mass misspelling. I’m also pretty confident that no one has stabbed to death a room full of people with either a fork or a writing tool.

So this doesn’t get twisted into something it’s not, I AM NOT CALLING FOR A REPEAL on the Second Amendment. I’m calling for well-regulating it and if you can’t handle some regulation perhaps you’re not mature enough to be a gun owner.

Barbara Mulvey-Welsh is a mother, writer and blogger raising kids and a husband in Plymouth. Check out her blog at "Did I Say That Out Loud?"  Use caution when reading around the family, there is some strong language.

Related Topics: Barbara Mulvey-Welsh, Newtown, and gun regulation

mark cool

8:31 am on Wednesday, December 19, 2012

"WELL" needs definition! If by "WELL" you mean Australia crisis ~ It's been 12 months since gun owners "down-under" were forced by a new law to surrender 640,381 personal firearms to be destroyed.
The first year results are now in:
Australia-wide, homicides are up 6.2 percent, assaults are up 9.6 percent, armed robberies are up 44 percent. Given this measure of "Well Regulated" .. I'd definitely prefer INSURING MY OWN DOMESTIC TRANQUILITY. After all, PROMOTE THE GENERAL WELFARE is best achieved in a society by developing codes of fundamental right and wrong, NOT by imposing codes of who can and can't keep and bear arms!

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Barbara Mulvey-Welsh

9:17 am on Wednesday, December 19, 2012

It would certainly help your position, if you knew what you were talking about and were reasoning with actual facts.

About Australia - Here's a link to Snopes that explains it all in detail: http://www.snopes.com/crime/statistics/ausguns.asp

In case you're a Snopes-denier; here's Fact-Check: http://www.factcheck.org/2009/05/gun-control-in-australia/

If neither of those will persuade you then I'll assume you're part of the problem and not part of the solution.

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White Feather

11:00 am on Wednesday, December 19, 2012

Poor Barbara, here are the actual govt links to Australia.

Of course there are other countries that have recently tried gun bans, what effect did that have on their violence?

1997 Australia, Canada, England

Australia 1997 629 VCR per 100k 2011 1,259.4 VCR per 100k, a 32 person reduction in murders by firearms, exactly replaced by murders with knives. Funny how that trend was mirrored in England (ref http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/4510.02011?OpenDocument

http://www.aic.gov.au/documents/F/F/B/%7bFFB9E49F-160F-43FC-B98D-6BC510DC2AFD%7dmr01.pdf

While your at it, can you go to figure #26 and explain to everyone how the use of sharp instruments, knives has increased, the same percentage as illegal use of a firearm has fallen in the commission of murders in Australia?

See, if gun control truly was the cause for the reduction in murders, there wouldn’t be any replacement use by other means.

But hey, a 100% increase in aggravated assaults, burglaries, rapes and other violent crimes is a great trade off (over 50,000 crimes reported increase) for a couple dozen murders reduced that by the data was trend already occurring several years before their gun ban.

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White Feather

11:00 am on Wednesday, December 19, 2012

Which in part can also be attributed to the aging of the baby boomers. The largest statictical age group of people born soon after WW2. Criminalogists agree the most active criminal age for people is around 18-34 yrs old and the it declines. A trend mirrored in the US, and obviously in Asutralia as well, prove otherwise.

All while in the US..We see from US Census, and an average of NSSF & PEW surveys, that in 2009 40% of households have a firearm. That is an increase since 1997 of 9 million households to 80 million law abiding gun owners as recognized by the BATF.

We see from FBI NICS reports since 2000 we have gone from 8 mil background checks to 16.5 mil projected for 2012, which translates per the Brady Bunch to 4.5 mil new firearms in civilians hands each year.

We see that since 1997 per FBI UCR, that violent crime has gone from 611 VCR (Violent Crime Reported) per 100k people to 403 VCR per 100k people in 2010.

That is a 38% reduction in violent crime. Did we forget to mention that the same data shows a 26% reduction in murders?

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White Feather

11:00 am on Wednesday, December 19, 2012

All while at the same time we see 16 more states reinstated concealed carry to 49 states total, and 35 states reinstated concealed carry in eateries that serve alcohol. 4 states and 200+ universities reinstated concealed carry. Not to mention self defense outside ones own home reinstated in 25 states with Stand your Ground, 24 Castle Doctrine (five pending change to Stand your Ground).

All without the predicted and much cried about blood baths predicted by such pundits suggests for oh what, something like the millionth time, yep. Those anti gun soothsayers really suck at predicting violence and mayhem from the law-abiding citizen, every single time. Hope they aren’t trying to make a living as a soothsayer they are starving if they do.

So much for more guns in civilians hands equals more violence BS people like you believe.

So since not one single anti has ever proven gun control of the law abiding reduces violence by the career criminals, gang members, suiciders and crazies recognized by our govt to commit over 92% of killings by illegal use of a firearm each year, then you antis are indeed the problem.

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David KEnt

5:23 pm on Wednesday, December 19, 2012

I'm afraid, Mark, that Barbara has got you on this one. Factcheck.org does a fantastic job and it puts a complete lie to your point.

Example: The EMail you're relying upon talks about "12 months". Oops, the change was made 13 years ago!!! Excising a small period from a much larger trend is a CLASSIC tactic used by some to mislead us.

Jack Burton

10:43 am on Wednesday, December 19, 2012

google "Is the damage to society from the misuse of guns worth the freedom to have guns?" for a more mature reflection on the question

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Barbara Mulvey-Welsh

11:45 am on Wednesday, December 19, 2012

I'm going to assume that you didn't mean to insult me by calling your own opinion on this issue "mature" implying that my opinion is less so, so I'll let it pass. I read what you wrote and not sure how it applies to what I wrote since I've not called for a ban or repeal.

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Jack Burton

2:49 pm on Wednesday, December 19, 2012

Barb, I will leave it to others to decide that maturity level of those who want to punish the innocent for the deeds of the evil. Or those who refuse to use a 17th century definition of "well regulated" when appealing to what a 17th century document says about it.

Or to feel that somehow the 79,990,000 gun owners who did not hurt someone must jump through approved hoops because of the 10,000 who did. I am not sure why it would be mature to insist that the 99.999 percent are held accountable for the actions of the .001 percent.

If you want to consider those as the hallmarks of maturity then go for it.

But I am glad to know that you are fully in favor of people buying and owning ARs, AKs, .50 caliber rifles, handguns big enough to kill an elephant, and handguns small enough to drop into a shirt pocket.

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Barbara Mulvey-Welsh

3:21 pm on Wednesday, December 19, 2012

Jack, punish? How do you get that conclusion? How is it punishing the innocent by requiring gun registration? How is it punishing the innocent to require training before handing over a potentially lethal weapon? We register cars and boats. Teens are required to undertake Driver's Education.

I don't make meth yet I'm required to show my license and have my name recorded to buy Sudafed. I'm not a terrorist but I have to take my shoes off to board a plane.

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Patrick

3:29 pm on Wednesday, December 19, 2012

What about hand-grenades and land mines? There are no deaths in America by hand-grenades and land mines so why is my freedom to protect my home with land mines being infringed by big government? Shouldn't I have the right to defend myself with a hand-grenade if someone breaks into my home after negotiating the mine field?

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Jack Burton

4:18 pm on Wednesday, December 19, 2012

Then let’s go ahead and “register” people with their fingerprints and DNA, eh. Innocents won’t object, and imagine the benefits.

Registration accomplishes nothing. You feel good to discuss it, but in actually making even the slightest difference in stopping or solving crimes it is meaningless. If you don’t think making those who do no harm to others jump thru meaningless hoops to have a gun is wrong, then that is up to you.

You think it is common sense to require 79,990,000 people who won’t hurt anyone with their guns to go thru “training” as if it is some magically talisman that is going to cure problems that don’t exist. The 99.999% must do this because of the .001%.Do criminal go thru “training”? Is a “trained criminal” going to stop being a criminal?

Based upon what training in firearms costs around the country, we’re looking at about $200 per person. Eighty million times $200... We are looking at 16,000,000,000, or sixteen BILLION dollars to solve exactly nothing. This is why when people such as Barb propose “common sense” regulations we know there is not mush sense in the regulations at all.

And last I looked, neither cars nor boats were in the Bill of Rights.

Yes, the nanny state is moving through the supermarkets and airlines. That doesn’t make it correct, and it doesn’t make it necessary for free citizens to roll over and continue to let it happen. If you’re content with it it doesn’t mean others are.

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Jack Burton

4:20 pm on Wednesday, December 19, 2012

Patrick, when you find a National Handgrenade and Land Mine Association and a Handgrenade and Land Mine Control, Inc who are battling the issue out then get back to us. Otherwise your snark is telling much more about you than the issue at hand.

David

10:51 am on Wednesday, December 19, 2012

"Well-regulated", means well-trained. As anyone who takes 10 minutes to research could find out for themselves. Israel arms their teachers and has done so for over 30 years. Seems to work for them where they have highly motivated terrorists. The cowardly scum that commit these atrocities could be stopped with someone on the school premises with a gun, any gun, because they are cowards. It's been done in Texas in the Harrold Independent School District since 2007 with no incidents. Guns are tools of self-defense for law abiding citizens. That's why the police carry them. Until the police get there I would trust teachers to defend their students just as the teachers in Newtown tried to do but were unable because they did not have any tools. It is common sense to protect yourself and the ones you love with the best tool for the job. Anything less shows an ignorance of human nature and the fact that some people become evil and choose to do evil things. Good people must be able to protect themselves from evil people who try to harm them. Have a nice day.

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Barbara Mulvey-Welsh

11:40 am on Wednesday, December 19, 2012

Well-regulated means many things and I agree that part of the definition means well-trained should you desire to be a gun owner. In fact, training should be mandatory for owning a weapon. I do not accept that the way to prevent mass shootings in schools is by arming teachers. Your reference to Israel is comparing apples to oranges as Israel lives under a constant threat of war.

Many issues contribute to mass shootings and they all need to be addressed. Sensible regulation of guns is a necessary part of working to prevent these in the future. I don't have time to read up on the Texas School District you mentioned since I'm on a break from work so will refrain from commenting until I can.

Barbara Mulvey-Welsh

11:34 am on Wednesday, December 19, 2012

It appears from comments that are being posted, some people have either not read or did not comprehend what I wrote.

I have not called for a ban of guns nor have I addressed any specific gun laws, including conceal carry laws. I have called for more and better regulation. Who owns the gun, where/how is the gun stored, insurance, penalties in case the gun you own is used in the commission of a crime.

Commenting on what I ACTUALLY said would result in a better conversation.

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Jack Burton

2:53 pm on Wednesday, December 19, 2012

Okay... let me comment on what you really said. My brother had his car stolen a few years back. The guy who stole it used it to grab a young girl off the street and rape her.

You would have my brother in jail for that, wouldn't you.

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Barbara Mulvey-Welsh

3:07 pm on Wednesday, December 19, 2012

Actually that's not a comment on what I wrote but let me answer it this way: If we, as a country, had a 30 year history of cars being left unattended with keys in the ignition and they were being used to mass murder people; then yes, your brother should be in jail but since that's not the reality, it's not a very good analogy.

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Jack Burton

4:23 pm on Wednesday, December 19, 2012

Barb... I know tens of thousands of firearm owners and I don't know a one who leaves their gun laying about on the lawn or the sidewalks. Do you believe they do?

And I am glad that you were honest enough to admit that my brother should be in jail. After all, rape is pretty serious, eh. It now pretty much proves my original post.

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Barbara Mulvey-Welsh

4:48 pm on Wednesday, December 19, 2012

Actually, I said your brother should be in jail under the scenario I outlined and NOT in jail as you phrased your question. Reading comprehension is important.

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Jack Burton

10:07 pm on Wednesday, December 19, 2012

And there's not a dimes worth of difference between jailing an innocent person who had his gun stolen and used for bad things and jailing an innocent person who had his car stolen and used for bad things other than you don't like guns.

Barbara Mulvey-Welsh

11:46 am on Wednesday, December 19, 2012

White Feather, I do not have the time to fully read the links you provided. Once I do, I'll be happy to reply to you.

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sue hobart

11:54 am on Wednesday, December 19, 2012

I do believe that a lot of the increased violence is spawned by the romance of violence and revenge in the media . Families end up allowing their children countless hours on their own with television, video games and nothing but time on their hands. The games and violence becomes addictive and obsessive.
The correlation to reality becomes warped.
All this pent up anger eventually needs release.
Haven't you seen a young person so involved in his 2 inch screen and thumb activity that you thought he would break the thing in half?
And if you can even get his attention the dazed look in their eyes after that intensity. ?
It's just plain not healthy.. We need to put away the outside time wasting twisted crap and provide healthy activities , or at least monitor what is going on. This stuff is poison for too many.

It still comes down to individual responsibility... for our individual families, children and communities. No legislation can make up for ignoring or excusing our own responsibility to teach moral behavior first.
Even without religion teach Do unto others as your would have them do unto you is the most crucial lesson we are missing all too often.

It's not even as easy as gun control... although we do make it easy by selling assault weapons.

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Barbara Mulvey-Welsh

1:19 pm on Wednesday, December 19, 2012

Sue, I agree there's a lot of parental responsibility (or lack thereof) that needs to be addressed. It's a complex problem that will require a mix of complex and simple answers. I also agree that no legislation can make up for parenting but it can help to ensure that other children do not pay the price.

In the meantime, responsible gun owners can and should help shape national policy on regulations.

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Jack Burton

2:55 pm on Wednesday, December 19, 2012

Barb... do you know that the NRA helped Congress shape and pass the "instant check" system used to prevent criminals from buying guns?

Do you know that the NRA helped shape and pass the law preventing those with mental problems from buying guns?

Do you know that the NRA helped shape and pass the law prohibiting bullets made from ultra dense material in order to better protect policemen?

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Barbara Mulvey-Welsh

3:09 pm on Wednesday, December 19, 2012

OK Jack, responsible gun owners should CONTINUE to help shape national policy. That better?

Patrick

12:28 pm on Wednesday, December 19, 2012

I love this article, Barbara! Thanks for writing it.

I'm going to add a couple of things to this discussion from the perspective of an ex-cop/gun owner/father/guy who grew up in a rural area on the Great Plains.

1. The idea of using a gun for self-defense is a joke and a delusion. If you have kids in your house and gun that is accessible enough to be used for home defense, you are a bad parent and should be arrested. My gun is secured so that my kids can't get at it and if they did, the ammo isn't with it. It's completely useless for home defense.
If you're carrying one around with you, what are you defending yourself from? If someone has already pulled a gun on you, you can't get your's out in time. It's physically impossible. It's why all of my police training on that sort of scenario involved punching people instead of shooting them. Same goes with knives. Do you know how much distance a person with a knife can cover before you can draw your pistol and fire two rounds? 20-25ft. Want to guess why I'm so specific on it?
The only defending you're going to do with a gun is when a crazy asshole is shooting into a crowd, you can draw your gun and also..shoot..into the..crowd? I'm sure you're awesome at the range, but I'm not going to discuss the effects adrenaline/stress and chaos have on your ability to shoot straight. It would take too long and the people who need to read have already stopped reading anyway.

Continued...

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mark cool

2:34 pm on Wednesday, December 19, 2012

I would disagree with Patrick. I too come from a small farm community in the mid-west and spent 12 years in the military. Both backgrounds afforded valuable experience with firearms. Self-defense is no joke. I would hope proper training (I'm certain Patrick experienced) would advocate this point. Home defense must be effective and efficient and SAFE. I have two adult daughters and they weren't worse off for the wear for how I effected SAFE firearm home defense methods. I would contend that teaching children properly does not make me a bad parent as Patrick generalized so inappropriately. If someone has already pulled a gun on you, Patrick is right. You can't get your's out in time. However, most all Home Defense events involve the resident being aware that something is "not right" (noise, footsteps, other out-of-character traits) thus acute predisposition & preparedness for defense posturing is the advantage of the resident. The element of surprise would be completely squandered if choosing the tactic of "punching". (reality check!) Want to guess why I'm so specific on this? Also, phesants tastes great if properly prepared. Preparation, after all, can improve a lot of things.

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Henry Bowman

4:02 pm on Wednesday, December 19, 2012

Patrick, you are lying or ignorant or both. Between 800,000 and 2.5M defensive gun uses per year, depending on the survey. Do the research. It is out there.

"There are approximately two million defensive gun uses (DGU's) per year by law abiding citizens. That was one of the findings in a national survey conducted by Gary Kleck, a Florida State University criminologist in 1993. Prior to Dr. Kleck's survey, thirteen other surveys indicated a range of between 800,000 to 2.5 million DGU's annually. However these surveys each had their flaws which prompted Dr. Kleck to conduct his own study specifically tailored to estimate the number of DGU's annually."

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Patrick

7:21 pm on Wednesday, December 19, 2012

Henry,
Did this study take into account how many of those people had been threatened by black kids with skittles?

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Jack Burton

10:08 pm on Wednesday, December 19, 2012

That's the best that Patrick can do, eh...

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Patrick

7:38 am on Thursday, December 20, 2012

Ok, Kleck's survey got to 2.5 million by asking 5000 people and 'extrapolating' which is sciency-talk for 'If 1 out of 5 says they like blue in 5000 people, then 1 out of 5 people must like blue in the rest of the 300 million people here.'
The reason Henry is citing a study done in 1993 is because every study (that I could find in the 10 minutes I gave to this) done since then says that guy was full of crap.
This sums it up well if you feel like reading. http://www.nap.edu/openbook.php?record_id=10881&page=112

Patrick

12:28 pm on Wednesday, December 19, 2012

2. All you need for hunting are a shotgun or a .30-06 and whether or not they are pump, bolt or semi-auto, you don't need more than 5 rounds. I don't care how fat the phesant is or how thick the woods, if you didn't hit the bird or the deer in the first 5 rounds, it's way too far gone by now for you to bother shooting at it anymore. Also, phesants taste like rubber chicken so I don't know why anyone bothers in the first place. Turkeys are worth shooting, but in New England you can just hit them with your car.

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Henry Bowman

4:09 pm on Wednesday, December 19, 2012

The last thing I want is a New England ex-cop telling me what I need or don't need, especially when the subject is hunting. Your ignorance is showing yet again. To put it in the simplest terms: There are many tools in the tool box. Yet the choices you suggest are a hammer and a screwdriver. There are mnay tools for many different purposes. I NEED THEM ALL.

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Patrick

7:24 pm on Wednesday, December 19, 2012

Was never a cop in New England, but that's not important. What's important is that there is apparently some kind of big game in the US I'm not aware of. Tell me, Henry, what are you hunting that can't be brought down with a .30-06 or 12 gauge? Do we have elephants here?

Patrick

12:32 pm on Wednesday, December 19, 2012

Oh, man! My appologies for my terrible grammar. Proofreading is important, people!

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BHirsh

1:22 pm on Wednesday, December 19, 2012

Your reasoning is a non sequitur on two glaring points.

The first is that an amendment ratified AFTER the Preamble was written, precisely to put the guarantee in writing, is not trumped by that which has been modified.

The second is that registration is an impermissible avenue to confiscation. Registration is tantamount to a snake coiling before it strikes.

You people need to get it through your heads that this is a fundamental right we are discussing, not mere policy. Fundamental rights are set above and beyond political and/or popular meddling, and it is this concept that undergirds our liberty.

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Barbara Mulvey-Welsh

1:42 pm on Wednesday, December 19, 2012

We can absolutely impose reasonable limits on rights. We may differ as to what those limits are and what they should be, but we can, and do, impose them. No yelling "FIRE" in a crowded theater comes to mind.

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Jack Burton

3:00 pm on Wednesday, December 19, 2012

Barb... did you know that it is perfectly legal to yell "fire" in a crowded theater? Here's is one of the most liberal law professors in the country to explain it to you...

http://www.theatlantic.com/past/docs/issues/89jan/dershowitz.htm

[scroll down to read it]

Anyone who falsely shouts fire in a theater with the intent to harm others by creating a panic will be judged for his ACTIONS.

There is no requirement that theater goers must wear a muzzle to ensure that something "bad won't happen in the future."

Yet, you and most others who are calling for greater "regulations" are doing just that... demanding that because something "might happen" that you want to muzzle every single gunowner regardless of if he has actually DONE anything.

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Barbara Mulvey-Welsh

3:23 pm on Wednesday, December 19, 2012

Jack, explain to me how requiring gun registration is akin to muzzling you?

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Jack Burton

4:28 pm on Wednesday, December 19, 2012

Explain how requiring a writer of a letter to the editor to get government approval first on the letter is not muzzling him.

Explain how requiring a pastor to get prior approval of his sermon is not muzzling him.

Explain how requiring the owners of all printing presses to register their press with the government is not muzzling them.

Do you have a problem with the concept of "privacy" and that not everything we do is the business of the governments?

Do you know that many governments, even here in the U.S. have used gun registration as the first step in gun confiscation?

Do you know that a "car" doesn't need to be registered if it is only used on your own property? (so please don't give that discredited "but we register cars!!!!")

Barbara Mulvey-Welsh

1:22 pm on Wednesday, December 19, 2012

Thank you Patrick for adding that to the discussion. No grammar police here; I play fast and loose with the rules anyway. Especially if I'm trying to make a point.

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BHirsh

1:28 pm on Wednesday, December 19, 2012

Oh, and Barbara...?

A third point is that the term "well-regulated" modifies the noun "militia", not the noun "right". It isn't even in the same clause. It is the militia that is to be well-regulated, when acting in the capacity of a militia. The right is unconditional.

See: http://www.gunthorp.com/Second%20amendment%20explained.htm

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BHirsh

2:37 pm on Wednesday, December 19, 2012

Barbara, you wrote: "We can absolutely impose reasonable limits on rights. We may differ as to what those limits are and what they should be, but we can, and do, impose them. No yelling "FIRE" in a crowded theater comes to mind."

Non sequitur. That imposes a limitation on behavior, not the right. It is alreadly illegal to commit murder and armed robbery.

Your argument is a fail.

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Barbara Mulvey-Welsh

2:58 pm on Wednesday, December 19, 2012

Obviously, I disagree. Regulation, in this case, yelling "Fire", is a limiting force on the First Amendment since it clearly places limits on that right. The limitation is intended to INSURE DOMESTIC TRANQUILITY and promote the GENERAL WELFARE by not inciting panic in a crowded public venue.

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Patrick

3:36 pm on Wednesday, December 19, 2012

If that's the case, BHirsh, where does the government get off preventing me from driving a fully armed tank to work? The second amendment doesn't specify which arms I have the right to so it's completely unconstitutional for the government to say I can't have a tank. I would also like my own F-15 because I am sick of taking my shoes off at the airport.

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BHirsh

5:45 pm on Wednesday, December 19, 2012

Patrick, the Second Amendment deals with guaranteeing the keeping and bearing of small arms in common use that have military utility.

Your argument is hyperbolic nonsense.

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Patrick

7:26 pm on Wednesday, December 19, 2012

BHirsh,
Not so! The second amendment, in it's entirety, states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

That's the whole thing. I thought I had missed something, but that's the entire thing. Tank please.

Jack Burton

4:30 pm on Wednesday, December 19, 2012

Lots of people legally own tanks, and yes, an F-15. There is no law against it.

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BHirsh

5:47 pm on Wednesday, December 19, 2012

Yep, that's true. But be honest, Jack. Those arms on those instruments must be deactivated for them to be legal.

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Patrick

7:38 pm on Wednesday, December 19, 2012

AND you can't drive them on the highway, which infringes on my right to squish Priuses..Priusi?

Jack Burton

4:31 pm on Wednesday, December 19, 2012

Barb... as noted in the good professors article, you're disagreeing with a lot of supreme court rulings and history if you think that punishing yelling fire in a theater doesn't interfere whit the right to speech.

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BHirsh

5:49 pm on Wednesday, December 19, 2012

Jack, it's obvious that most of these well-intentioned people really haven't a clue about precedent and its effect on the government's ability to act. It is also obvious that they truly don't understand the intractibility of natural rights.

Barbara Mulvey-Welsh

4:46 pm on Wednesday, December 19, 2012

JB, seems like you're not interested in a conversation so much as shouting match with anyone you disagree with regardless of the content of the comment you are responding to. Since I have a full and active life, and I'm only paid so much to argue with internet trolls, I'm done responding to you.

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Jack Burton

10:10 pm on Wednesday, December 19, 2012

shouting match = winning with logic, facts and questions that make pro gun control people look foolish

BHirsh

5:42 pm on Wednesday, December 19, 2012

Barbara, you wrote: "Obviously, I disagree. Regulation, in this case, yelling "Fire", is a limiting force on the First Amendment since it clearly places limits on that right. The limitation is intended to INSURE DOMESTIC TRANQUILITY and promote the GENERAL WELFARE by not inciting panic in a crowded public venue."

Again, you're citing an overview that is trumped by an enumerated right. It is not illegal to yell "Fire!" in a crowded theater if there is indeed a fire. It is illegal to do so when there isn't one.

Carrying concealed handguns, or keeping semiauto rifles at home and using them to practice at the range or hunt game is not inciting public panic. It is the BEHAVIOR of those who invade "gun-free zones" and shoot people that is illegal.

No offense, but your logic, isn't.

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David KEnt

6:18 pm on Wednesday, December 19, 2012

BHirsh,

Perhaps Barbara’s use of the two components of the constitution isn’t a good way to argue for gun regulation. I’ve got a better one for you: The landmark 2008 Supreme Court case that found, once and for all, that the possession of firearms cannot be outlawed – District of Columbia vs. Heller.

This case and the MacDonald case that extended its decisions to the States, basically read the “militia clause” of the 2nd Amendment out of the Constitution, leaving a broad right to possess firearms. But the judges took great pains to emphasize that it iSVERY LEGAL to regulate the possession of firearms. In particular, this clause from the decisions is important in this discussion:

“Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons”.

So, the most important and very recent (2008) constitutional source on this says that we ARE allowed to prohibit “dangerous and unusual weapons”. Now reasonable people can disagree on the definition of “dangerous”, but to me an AR-15 with large ammo clips qualifies as “dangerous”.

The sale of military style weapons CAN be prohibited.

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Jack Burton

10:13 pm on Wednesday, December 19, 2012

David... EVERY gun is dangerous. I don't know of a one that isn't, and that even includes Daisy air rifles. It doesn't say "dangerous OR unusual" it says, "dangerous AND unusual" by your own admission. Since there are millions upon millions of ARs and AKs in the hands of law abiding citizens who are not using them to harm anyone it is going to be a tough sell claiming that they are either especially dangerous or unusual.

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David KEnt

6:44 pm on Thursday, December 20, 2012

Jack Burton says:

There are “millions upon millions of ARs and AKs in the hands of law abiding citizens”

Hmmmm… not according to the Congressional Research Service…

http://www.fas.org/sgp/crs/misc/RL32842.pdf

… which says of the United States in 2009:

“By the year 2009 the estimated total number of firearms available to civilians in the U.S. had increased to approximately 310 million: 114 million handguns, 110 million rifles, and 86 million shotguns” … “data are not available on the number of ‘assault weapons’ in private possession or available for sale, but one study estimated that 1.5 million assault weapons were privately owned in 1994.”

Let’s see: 1.5 million out of 310 million: That’s less than a whopping one half of one percent Jack! Now, the assault weapon estimate is pretty old. Why don’t I give you the benefit of the doubt and double the assault weapon percentage to 1%.

I’m sorry Jack, but Americans don’t own “millions upon millions” of assault weapons. Assault weapons most definitely ARE unusual.

David KEnt

5:58 pm on Wednesday, December 19, 2012

Each and every law and every regulation in each and every country in the world represents a restriction of someone’s freedom. Each defines something that cannot be done or puts some limit on doing something. So, when it comes to deciding upon a new law or regulation, such as beefing up gun regulations, a cost/benefit analysis must be performed:

Benefit: The magnitude of the benefit of the law or regulation to society
Cost: The magnitude of the loss of personal freedom

There should be no corner of society where a group can operate as it wishes with wanton disregard for the larger good of society.

But that is exactly what gun owners demand when they oppose ANY new gun regulations out of hand. It is not necessary, they argue, to consider the needs of society when considering gun laws. Rather, by definition, ANY increase in gun regulation causes an unacceptable loss of gun owner personal freedom. So, by definition, ANY new regulation of firearms is OUT!

Gun owners should not be allowed to be perhaps the ONLY segment of our population with enough muscle to elbow out consideration of the good of society.

New regulations that would help keep military style weapons out of the hands of mentally disturbed mass murders would benefit society by making those people less lethal. And the cost to personal freedom? Gun owners can’t purchase military weapons. Not much of a comparison is it?

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Henry Bowman

6:23 pm on Wednesday, December 19, 2012

"New regulations that would help keep military style weapons out of the hands of mentally disturbed mass murders would benefit society by making those people less lethal."

If the mentally disturbed are too dangerous to be trusted with a weapon, then they should be incarcerated. The benifit to society is to remove the violent from society, not restrict a right further

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David KEnt

6:43 pm on Wednesday, December 19, 2012

Sorry Henry, you can't make me fall for that one: I can hold more than one concept in my mind at once.

Concept 1: As you say, society should do a better job of identifying, treating and if necessary incarcerating the mentally disturbed people who become mass murders.

Concept 2: Since Concept 1 will never be implemented perfectly, we should also outlaw the sale of military-style weapons that enable disturbed individuals to kill people rapidly.

Both are correct. Both should be done. But your emphasis of the former does not negate the correctness of the latter

BHirsh

7:14 pm on Wednesday, December 19, 2012

David Kent, you wrote: "The sale of military style weapons CAN be prohibited."

No, David, they can't. The Miller test specifically protects arms in common use (which they are) that bear some reasonable relationship to the preservation . . . of a well-regulated militia (which they also do).

It is black-letter.

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David KEnt

8:01 pm on Wednesday, December 19, 2012

Oh come on BHirsh, you know darn well that military style weapons are not "in common use". Well, what we're debating here is that they are TOO COMMON but the weapons that are in common use are hand guns and guns used for hunting.

You also avoided the term "dangerous" in the SCOTUS decision. Now, reasonable people can disagree on what's "dangerous" but I personally believe that military style guns with high capacity ammo clips are very dangerous.

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HiCarry

11:38 pm on Wednesday, December 19, 2012

The test in Miller stated (incorrectly) that the short barreled shotgun was NOT an arm the military used and therefore was not protected. Therefore, arms used by the military, such as select fire assault rifles, should, under that ruling be legal. If those arms are legal, then surely the semi-automatic versions cannot be illegal. Secondarily, the AR platform rifles are the most common rifle in use today in America. Furthermore, if not for the NFA of 1934, fully automatic firearms and short barreled shotguns would be much more common. As for who needs these firearms, just ask the Korean merchants who, during the LA riots, when abandoned by the police, used these types of firearms to protect themselves and their stores.....

BHirsh

7:18 pm on Wednesday, December 19, 2012

David Kent, you wrote: "Concept 2: Since Concept 1 will never be implemented perfectly, we should also outlaw the sale of military-style weapons that enable disturbed individuals to kill people rapidly."

It can't and won't happen, for a number of reasons. The first is that there aren't the votes in the House to pass one. The second is that it runs afoul of constitutional protections set in precedent.

David, the intent of the amendment is to place the people on a par with government troops viz small arms. Clearly, the much-demonized-because-they're-scary-looking-but-actually-quite-common "assault weapons" (sic) fit the purpose EXACTLY.

You can't get there from here.

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David KEnt

8:07 pm on Wednesday, December 19, 2012

I"m afraid, BHirsh that you'll have to explain "it runs afoul of constitutional protections set in precedent". And to do that usefully, you'll have to be specific. I have been specific by quoting the Heller Decision that expressly states that the ownership of guns CAN be regulated.

As to interpretation of "the amendment": I don't need to rely upon your interpretation because the Heller and MacDonald SCOTUS decisions have done that that for us very recently. And they say that gun ownership can't be banned but it CAN be regulated, including prohibiting types of weapons.

I'm sorry BHirsh, it's all in Heller and MacDonald and that's the current law of the land, i.e., current constitutional interpretation.

Diane

11:09 pm on Wednesday, December 19, 2012

I am just a common citizen - I work, have two kids and go about my business. I do not own a gun but have no issue with other folks owning them for hunting or home protection or target practice or other such things. I am extremely alarmed however by the tone of the gun advocates here. Quite frankly I have not paid much attention to the gun control debate but rather than winning me over the pro-gun folks here may have frightened me into action. I am amazed at the arrogance of those writing and the ascertian that owning as many or whatever kind of gun and ammo is a sacred right handed down by God and not to be questioned. I believe the inalienable rights are life liberty and the pursuit of happiness. Of course I understand that the right to bear arms is a Constitutional right but to argue that that right extends to all weapons and no one may challenge it is frankly frightening.

If this is the vision the NRA and the gun lobby continue to put forward I would hope that Americans like myself, that perhaps have been complacent for too long, will stand up and demand common sense gun control. I plan to write the president and my congressmen and further investigate how to support gun control efforts (maybe the Brady Foundation). I should thank you folks for opening my eyes and spurring me to get involved.

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David KEnt

12:48 pm on Thursday, December 20, 2012

Wow Diane, it can't be said much better than that!

As the "vision of the NRA" you're seeing it here in the attitudes of gun advocates. NO LIMITATIONS WHATSOEVER. The heck with the good of the country! We DEMAND our guns! Full stop.

Charlie

1:09 pm on Thursday, December 20, 2012

Really Barbra you started it when you said “That person must have been dropped on their head as a small child?” because they had an opinion different than yours. While it is a knee jerk reaction to a tragic occurrence, arming teachers may or may not have averted several horrific tragedies from occurring across this country recently.

My daughter's middle school has an armed police or resource officer in her school. That's OK? Because he is a sworn peace officer? Police are people also just like teachers. I can think of as many reasons where this can go bad as well as not. What if the teacher was a sworn peace officer also? What would be the difference? What if the teacher had specific training and stringent mental health requirements? My resource officer was simply picked because he had seniority in the department. He may consume alcohol with lunch for all I know. He may despise being stuck in a school full of kids. Maybe he moonlights and is half asleep during the day. Probably he is a competent, caring trusted individual just like a vast majority of my daughters teachers. While I currently don't believe arming teachers is the answer I am certainly open to an intelligent discussion on the pros and cons of the matter.

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David KEnt

3:09 pm on Thursday, December 20, 2012

I have no problem with schools having a designated, uniformed, armed officer. I'm a teacher and have seen that in multiple schools. Since this person is obviously a security officer and since he or she is trained as such, this is fine. Perhaps that's one of the takeaways from Newtown.

Beyond that, however, I cannot see it.

First, there is plenty of data out there that shows that more guns means more gun violence. If we make guns prevalent throughout schools, we'll have more not less violence.

Second, principals and teachers must remain focused on teaching and NOT be asked to become security officers themselves.

Finally, can anyone envisage a class with a teacher at the front of the room with a loaded handgun at his/her hip?

mark cool

7:24 pm on Thursday, December 20, 2012

David - you wrote: ... there is plenty of data out there that shows that more guns mean more gun violence. ~ I won't disputing that. Yet I truly don't thing think that's the fundamental argument. Rather, I think the fear of those law abiding, God fearing, good people out there, bearing witness to the developing societal chasm of differences, don't want to be left defenseless against the "bad guys" that have uninhibited access to "unreasonable" firepower. Do you think for one second, any of those Fathers in Newtown, if witness to the horrific deed on their child, wouldn't have wishes he had been there with a bazooka to defend his child? In simplest terms, I believe all would go to the nines to defend family or home. The true question is whether it's "appropriate" to place a disadvantage on those that would defend wives, sons or daughters? If folks would answer honestly, without the echoes of "jumbya" filtering their instinctual response, I think the the answer would be clear. We started this conversation with more guns translating into more violence... and I agree. More violence would be on those law abiding, God fearing, good people out there that utter words of temperance and misplaced trust in enforcement of current law. I pray none of us have such an ordeal, but if the ordeal is ever realized, I pray I (if not others) am not the sheep confronted by the wolf.

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David KEnt

8:02 pm on Thursday, December 20, 2012

Come on Mark, do you really think that people are buying AR-15s with large ammo clips to protect their families? No way man! Those types of weapons are being purchased by collectors and by guys who just love the feel of a bad a** weapon in their hands.

Have you ever heard of a home invasion by people armed with military-style weapons? Perhaps you have, but let’s be sensible here: That’s EXCEEDINGLY rare. No, hand guns are the dominant weapons of choice for home invaders, that is, by people who threaten families. So a hand gun, or perhaps a conventional rifle, is the appropriate weapon for someone looking to protect his/her family. There’s no need for them to arm up as if they're patrolling a dangerous sector of Baghdad!

Now, even if home owners DID employ assault weapons, that wouldn’t be a problem if a side effect of that didn’t exist: The fact that they’re also available to mentally unstable people like the Newtown shooter. But, as we see over and over, that side effect does exist. So, allowing average citizens to overarm with assault weapons is bad for society.

BHirsh

7:39 pm on Thursday, December 20, 2012

David KEnt, you wrote: Jack Burton says:

There are “millions upon millions of ARs and AKs in the hands of law abiding citizens”

Hmmmm… not according to the Congressional Research Service…

http://www.fas.org/sgp/crs/misc/RL32842.pdf

… which says of the United States in 2009:

“By the year 2009 the estimated total number of firearms available to civilians in the U.S. had increased to approximately 310 million: 114 million handguns, 110 million rifles, and 86 million shotguns” … “data are not available on the number of ‘assault weapons’ in private possession or available for sale, but one study estimated that 1.5 million assault weapons were privately owned in 1994.”

Let’s see: 1.5 million out of 310 million: That’s less than a whopping one half of one percent Jack! Now, the assault weapon estimate is pretty old. Why don’t I give you the benefit of the doubt and double the assault weapon percentage to 1%.

I’m sorry Jack, but Americans don’t own “millions upon millions” of assault weapons. Assault weapons most definitely ARE unusual.
_________________________________________________________

Irrelevant. The Miller test is: that they are in common use (they are); that they bear some reasonable relationship to the preservation or efficiency of a well-regulated militia (they do)

THAT is the only thing that counts, per precedent.

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David KEnt

8:05 pm on Thursday, December 20, 2012

One half of one percent is common BHirsh? Not very I'm afraid.

BHirsh

10:23 am on Friday, December 21, 2012

David, I don't know what dimension you inhabit, but down here in the three we're familiar with, military-pattern semi-auto rifles are (and have been for quite awhile) de rigeur.

That's just a fact.

Besides handguns, what rifles have been flying of the shelves over the last decade? (rhetorical, but I'll answer it anyway) The very rifles you say are not in common use. I guess since they're buying them but not using them, they got them as investments, right? [eyecross]

Please. You're in denial.

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