QUOTE (Eurotroll @ Nov 28 2008, 06:57 PM)

Clearly we do not need gun control.
We need
thought control.

Hey! Teacher! Leave them kids alone!
QUOTE (pbangarth @ Nov 29 2008, 03:39 PM)

I slept late, had a good breakfast, read a good book, and now I'm back, reading the last few posts. A great Saturday morning.
I think I have a better sense now of the thinking behind the right to bear arms issue. I understand that the intent of the writers of the Constitution was to protect people from abusive government, especially since they were crawling out from under the rulership of an empire that strongly held belief in its 'creator-granted right' to lord it over the rest of the world. I'd be pretty leery of governments under those conditions, too.
So, as I see it, the American people assure their government that if it tries to use military force to make the people do something they don't want to do, then despite the American military's demonstrated ability to blow the shit out of any force that stands in its way, the end result will be an Iraq-style guerrilla war that no government can maintain indefinitely. It's not like the people could actually defeat the military if by some unknown means the government could convince the military of a free country to fight its own people. So the threat is basically one of attrition.
Am I getting it right, here?
Not exactly, that's just part of it.
As stated, the codified Right to Bear Arms in English Law originated with the English Bill of Rights in 1689, long before anyone in the States considered rebelling. The English Bill of Rights came out of the
Glorious Revolution. At the time, King James II, a Catholic, was attempting to purge Protestant influence from government in various ways for the purpose of securing his power. This backfired horribly. One of the ways he did this was to disarm Protestants and kick all the Protestants out of his army, instead arming and recruiting Catholics.
The thing about disarming one demographic and arming that demographic's enemies is that you don't actually have to do any oppressing yourself. Traditionally, weapon control laws have been targeted at specific groups of people, rather than specific weapons. And this is why the Right (for Protestants) to Bear Arms was codified into the English Bill of Rights, so that they'd never again be at the tender mercy of Catholic arms.
One sees a similar pattern in practically every early weapon control law worldwide. They're made to disarm specific segments of the population, often the ruling party's political enemies. In the US, you see this in the gun control laws of the South after Reconstruction, which where transparently designed to disarm persons of color while allowing the KKK to operate with a degree of impunity. And later Federal guns control laws, such as the one banning the importation of low-cost firearms, were aimed specifically at Black people.
The Second Amendment reflects similar protections codified within the Constitutions of the 13 States of the time and recognized by Common Law. It addresses many concerns, not the least of which is government tyranny.
First of all, the Founders weren't idiots. They didn't perceive an elected government as a monolithic entity outside the scope of the citizenry, quite the opposite. They understood that government is made up of people who represent groups of people, and that people and groups of people when given power over other people and other groups of people, sometimes go overboard. This is why we have our extremely complex federal electoral system, to ensure a reasonable distribution of power amongst the several states, so that no one state or group of states has the ability to lord power over the others. They understood that a situation that warrants rebellion would not be the government against everybody, but some group of people using the government as a tool against others. The Second Amendment thus, first and foremost, protects against targeted disarmament based on religion, political leanings, ethnicity, or State of residence, thus preventing politically powerful groups from taking the easy route to oppressing their enemies.
One must also understand that the Founders had no intention of keeping a standing army, certainly not one as powerful as what we have today, as they saw a standing army as a major tool of oppression. Rather, it was their intent that the government be able to raise an army as necessary. Thus, the right to bear arms both assured that there would be people in the population with the skills for military service and was a protection against the possibility of one faction, whether it be political or religious in nature, gaining enough political power to raise an army and send it against their rival factions unimpeded.
The second thing it guarantees is the right to defend your person and the persons of your friends, allies, loved ones, and total strangers if you wish, from violations of your or their physical integrity. Attacks by the Mythical Stranger are rare enough to be discounted. Attacks by your enemies, on the other hand, are not. Most people are are victims of physical violence are attacked by people whom they know and it rarely comes as a total surprise. (This is, in fact, one of the big arguments against waiting periods, if an enemy is going to kill you today, a weapon won't do you any good next week).
The third thing it guarantees is a ready-made defense against foreign invasion. This was important in the beginning, when no one wanted a standing army and Britain was more than slightly interested in reasserting sovereignty over the former colonies (a fact that led to the War of 1812). Today, it is less so, but still very important as anyone who has ever watched Red Dawn can attest to.
And, of course, if also protects against blatant corruption in government, a thing that is more likely to occur at the local level than the national.
QUOTE
I don't see the right to bear arms as having the ability to protect people from other kinds of potential abuses by government. Did the writers of the Constitution foresee and develop protections against other forms of oppression? Take for example, eroding liberties and freedom of movement, blaming it on unknown enemies outside somewhere...or taking money away from the people and giving it to the elite who control the government, saying it was necessary for the well being of all... or putting into place a leader who didn't actually get elected, arguing... arguing.... OK I can't think up an excuse for that hypothetical case. How would the right to bear arms prevent these things? Are there other, similar protections to allow the people to prevent such abuses, were the government ever to try?
Actually, the Right to Bear Arms is great protection against blatant election fraud, as demonstrated by the
Battle of Athens. The highly corrupt Sheriff's department of a small Tennessee county counts the votes, so the unpopular and highly corrupt Sheriff always gets reelected. Eventually, some ex-GIs get tired of it, get their guns, and go count the ballots themselves. Several injuries, no fatalities. It's essentially an A-Team plot with an A-Team resolution. But government corruption in small localities isn't exactly unheard of anywhere. A corrupt official can have a field day with a small town that has a small government and isn't actually important enough for the State and Federal officials to investigate corruption complaints.
Another good example lies in the conflicts between local police and the Black Panther Party for Self Defense during the 60s, which, while lopsided, would have been substantially more brutal if the Panthers lacked the means to defend themselves.
But armed insurrection is a last resort when all others have failed. The right to free movement between the States is Constitutionally protected in Article IV. It is quite impossible to restrict travel absolutely and all travel restrictions come from the power to regulate commerce. Though airline security requirements are fairly strict, for example, one can bypass them by owning a plane or simply chartering a private flight and pervasive automobile ownerships makes the interstate road trip a staple of American culture. (Jack Kerouac, dadio, yeah). Taxation is, well, taxation. That's something you'll just have to put up with till the next election. But this isn't exactly a country that is big on high taxes.
Anyway, if the government does something you don't like the first thing you do is file a lawsuit against the appropriate government official in the appropriate court to enjoin them from doing the thing that you don't like (usually against the Attorney General enjoining him from enforcing a law you believe is unconstitutional). If you're suing a state official over an action of State government, then you can choose either State or Federal court. Both court systems lead to the same place, eventually, but State courts can also rule on matters of the State Constitution, which may favor your case more than the Federal Constitution does. If you're suing a Federal official, you have no choice but to use a Federal Circuit Court.
One side will win, the other side will lose. The losing side will file an appeal. This may be you. If it isn't, you will have to respond to the appeal. The appellate court will either uphold the original ruling, strike it down entirely, or send it back for reconsideration by the lower court with additional instructions. However that goes, somebody is going to petition the Supreme Court. If you're suing a State official in State court, you'll go to the State Supreme Court. The probability of the SSC agreeing to even look at the case varies from State to State. After the State Supreme Court rules, or after the appeals court rules if you started in Federal Court, you'll appeal to the US Supreme Court. The chances of you're case being heard are somewhere between slim to none.
The USSC gets so many petitions every year that the Justices don't even have time to look at them all. Instead, they have a crack staff of low-paid yet extremely bright and dedicated interns who read every petition and forward those that seem interesting to the Justices, who then grant Ceritori only to those that they are actually interested in.
In parallel to this, one can engage in political activism on many levels in many ways, and hopefully the law in question will be rewritten before it works its way up the court system. Even if the court system fails to overturn it, one can still potentially do so via political channels. Mass demonstrations are fairly popular but don't do much. Far more effective is the so-called grass-roots movement, collecting the support of as many relevant voters as possible and having them deluge their representatives with their concerns.
Edit: or Sharpnel's quote, which was much more concise.
QUOTE (pbangarth)
So I am not as hard core supportive of gun control as I used to be. Still... many more people die by gunshot in the U.S. every year than were killed in the Twin Towers on 9/11. How come you guys don't see that? Doesn't that make you think? If you are so fired up by outsiders killing 3000 of you, why do you defend the killing of thousands of you ...every year? I just don't get it.
That's a bit different. The last major attack on US soil was Pearl Harbor. We all know how that ended. Receiving an injury while in a position of apparent invulnerability is shocking, like in the movies when the master swordsman gets a single cut on his cheek and flies into a rage. We didn't use any nukes this time. That shows some restraint.