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Apolyton Civilization Forums : Powered by vBulletin version 2.0.3 Apolyton Civilization Forums > Miscellaneous > Archive > Off-Topic-Archive > 9th Circuit: Individuals don't have the right to own firearms.
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Zkribbler is offline Zkribbler
King
Los Angeles, CA, USA
Feb 1999
time: 21:24
  Old Post 07-12-2002 10:25
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9th Circuit: Individuals don't have the right to own firearms. Browse Apolyton AD-FREE

There was a story in today's paper about the 9th Circuit upholding California's ban on assault weapons. The reasoning of the Judge Reinhardt is that the purpose of the 2nd Amendment is to permit the states to have armed militias but that the 2nd Amendment does not guarantee invidividuals the right to own firearms.

quote:

Amendment II

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.


The 5th Circuit has looked at this same language and has found right for individuals to own firearms.

Seneca is offline Seneca
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Bristol
Jun 2000
time: 05:24
  Old Post 07-12-2002 10:28
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Why not have a great big referendum to sort out once and for all what this amendment is supposed to mean?

And get the commas right this time, why don't you.

Shi Huangdi is offline Shi Huangdi
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Pittsburgh, PA
Apr 1999
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  Old Post 07-12-2002 10:30
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Well I guess since you have two different circuit courts disagreeing, it'll probably get picked up by SCOTUS.

monkspider is offline monkspider
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  Old Post 07-12-2002 10:32
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How interesting, guns are unneeded, the sooner we come to this realization, the better. That said, it is probably not wise at this point, as a mere matter of pragmatism, to attempt to restrict fire arms. I expect this case to receive quite a fair deal of criticism in any event.

Shi Huangdi is offline Shi Huangdi
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Apr 1999
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  Old Post 07-12-2002 10:34
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quote:
Originally posted by monkspider
How interesting, guns are unneeded, the sooner we come to this realization, the better. That said, it is probably not wise at this point, as a mere matter of pragmatism, to attempt to restrict fire arms. I expect this case to receive quite a fair deal of criticism in any event.


yes but without guns how are you ever going to have your revolution thigny?

monkspider is offline monkspider
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  Old Post 07-12-2002 10:35
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Communism willl never come about as result of a revolution of blood and iron, it will only come about through greater spiritual enlightenment on the part of the masses.

Shi Huangdi is offline Shi Huangdi
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Apr 1999
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  Old Post 07-12-2002 10:39
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And so what good will some hippie spiritual enlightenment do you if the army is shooting at you and you don't have guns to protect yourself?

monkspider is offline monkspider
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  Old Post 07-12-2002 10:43
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Who's to say the army won't be enlightened either?
I'm confident that God will take care of those who wish to establish his principles as a way of life. Returning evil with evil will never be necessary.
(sorry to threadjack Zkribb)

Shi Huangdi is offline Shi Huangdi
Emperor
Pittsburgh, PA
Apr 1999
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  Old Post 07-12-2002 10:47
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You're not being realalistic. Communism has never come without a struggle, and often the military has served as a force defending the old regime. Take Italy for instance, Che once told us how the army was planning on rebelling if the communists won there. In greece the military formed a junta government in the name of anti-communism. In Chile the Military ousted Allende. Your argument that the bourgeois will give up without an armed struggle flies in the face of history.

Boris Godunov is offline Boris Godunov
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Aug 2001
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  Old Post 07-12-2002 10:50
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quote:
Originally posted by monkspider
I'm confident that God will take care of those who wish to establish his principles as a way of life.


God hasn't been kind to such folks up until now...

monkspider is offline monkspider
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  Old Post 07-12-2002 10:58
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You're right that communism will never come about without struggle, true and lasting communism will only come about as a result of a struggle for the mind, rather than the traditional struggle of capturing choke points, and cutting off supply lines, and so forth. There will be struggle, no doubt, in giving up things such as greed, and hatred, and so forth. Overcoming these things to live for your fellow man will be a violent stuggle, but not in the sense that you speak of. For the masses to come to the realization of greater truths, and overcoming these desires, will be a greater struggle than any that have taken place, up to this point.
The historical events you speak of, while accurate, only prove my point. Communists that wish to violently overthrow this or that government are going against the grain, they will always have the odds against them. They are going against an entrenched establishment. The greatest weapon a revolutionary can wield is not an M-16 or an Ak-47, but love, and a willing desire to help improve the lives of others. Only these weapons will bring about lasting communism. My comrades who wish to establish communism would be wise to throw their various firearms in the rubbish.

David Floyd is offline David Floyd
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  Old Post 07-12-2002 11:02 Visit David Floyd's homepage!
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Personally, I find your claim that communism is a "Christian system" to be ridiculous.

Of course, you can argue that the crimes committed in the name of communism do not reflect true communism, but I would of course have to reply that they do indeed reflect true communism, because absolute power is a corrupting influence, and if the state is given absolute power, it WILL be corrupt.

Drake Tungsten is offline Drake Tungsten
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Oct 2001
time: 14:24
  Old Post 07-12-2002 11:03
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Kumbaya my Lord, kumbaya! Kumbaya my Lord, kumbaya! Kumbaya my Lord, kumbaya! Oh Lord, kumbaya!

Boris Godunov is offline Boris Godunov
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Portland, OR
Aug 2001
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  Old Post 07-12-2002 11:05
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See, the right to own firearms is collective, not individual.

Shi Huangdi is offline Shi Huangdi
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Apr 1999
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  Old Post 07-12-2002 11:09
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Yes I give you examples in which the military sucsesfully stopped socialism in those countries, but there are different example. In Russia and Cuba armed struggle did suceed in bringing out a revolution.

Your hope that everyone will just suddenly start loving each other does not seem well founded. Not only has every sucsessful communist revolution been met or been founded by violence, but pretty much every revolution period. Do you think the French peasantry would have been wise to sit and wait for love to bring about liberte, egalite, fraternite? You are living in a dreamland if you think there will be nobody who opposes you with violence.

"Personally, I find your claim that communism is a "Christian system" to be ridiculous."

Definitely. Jesus never got involved with politics: "Give unto Caesar what is Caesar's, but give onto God what is God's"

monkspider is offline monkspider
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  Old Post 07-12-2002 11:10
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quote:
Originally posted by David Floyd
Personally, I find your claim that communism is a "Christian system" to be ridiculous.

On what grounds do you make this claim?

quote:

Of course, you can argue that the crimes committed in the name of communism do not reflect true communism, but I would of course have to reply that they do indeed reflect true communism,

True communism can be shortly defined man living for his fellow man, that is, christ's style of communism. The bolshevik system, or that Maoist system and so on and so forth therefore, do not represent true communsim, as they don't reflect this principle purely.

Shi Huangdi is offline Shi Huangdi
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  Old Post 07-12-2002 11:11
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quote:
Originally posted by Drake Tungsten
Kumbaya my Lord, kumbaya! Kumbaya my Lord, kumbaya! Kumbaya my Lord, kumbaya! Oh Lord, kumbaya!

David Floyd is offline David Floyd
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  Old Post 07-12-2002 11:16 Visit David Floyd's homepage!
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quote:
On what grounds do you make this claim?


Well, a Christian should not be an advocate of giving a state absolute power, because that would then give the state the ability to restrict Christianity.

quote:
True communism can be shortly defined man living for his fellow man, that is, christ's style of communism. The bolshevik system, or that Maoist system and so on and so forth therefore, do not represent true communsim, as they don't reflect this principle purely.


So you don't want a communist government, then, but rather a system of morals that everyone lives by? And you want a government to enforce those (your) morals?

I wonder how that's ultimately any different from what the Republicans or Democrats or Nazis want.

Or, if you don't want a government, you are wanting something that is Biblically impossible - you're wanting a world without sin. Not gonna happen until after the Second Coming and all that.

So either you want a system in which the same personal moral beliefs are forced upon everyone, or you want a system that your own beliefs tell you won't happen.

monkspider is offline monkspider
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  Old Post 07-12-2002 11:23
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quote:
Originally posted by Shi Huangdi
Yes I give you examples in which the military sucsesfully stopped socialism in those countries, but there are different example. In Russia and Cuba armed struggle did suceed in bringing out a revolution.

Yes, but it was a tainted revolution. While it is true that revolutionaries such as Lenin and Trotsky and Castro, and so forth genuninely meant well, and they genuinely dedicated their lives to improving the lives of others, and for this they should be greatly praised. But their revolutions fell apart to dictatorship, despite their most noble of intentions, to one degree or another.
So while some success can be made with armed revolution, it is ultimately only true communism can come about as a result of a greater enlightenment of society at large, and as a result, a greater willingness to help improve the lives of others.

quote:

Your hope that everyone will just suddenly start loving each other does not seem well founded.

Of course it has no historical precendent to base itself it on, if it did, we wouldn't be in the mess that we're in. Communism coming about will be a unique event in history, and needs no historical precendent.

{QUOTE]
Definitely. Jesus never got involved with politics [/QUOTE]

Jesus did however set a pattern for how we should live our lives. If we followed this pattern to a greater degree, the end result would be a de facto communism, regardless of what you make of Jesus' political feelings Politics is an end result of how people desire to live their lives. If people wish to live in tune with the pattern that Christ set, there will be brotherhood and communism. If people fail to do so, their government will reflect this as well.

David Floyd is offline David Floyd
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  Old Post 07-12-2002 11:26 Visit David Floyd's homepage!
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quote:
Jesus did however set a pattern for how we should live our lives. If we followed this pattern to a greater degree, the end result would be a de facto communism, regardless of what you make of Jesus' political feelings Politics is an end result of how people desire to live their lives. If people wish to live in tune with the pattern that Christ set, there will be brotherhood and communism.


OK, but all you are saying is that people should be good. That's a given. Of course people should be good.

I don't recall Jesus advocating that we FORCE people to live "good lives", though. I do recall God creating man with good will, and generally telling us not to judge or take revenge on others, that it is God's place to ultimately punish them for their mistakes. Indicates to me that God would not advocate an authoritarian system where people are forced to "be good".

Boris Godunov is offline Boris Godunov
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Portland, OR
Aug 2001
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  Old Post 07-12-2002 11:27
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Guns, people. Guns.

monkspider is offline monkspider
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  Old Post 07-12-2002 11:28
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quote:
Originally posted by David Floyd


Well, a Christian should not be an advocate of giving a state absolute power, because that would then give the state the ability to restrict Christianity.


There is no need for an absolute state power when people *choose* to mutally live in communism. If the vast majority of people come to a sense of greater enlightenment and realize greater truths than what currently pervade our society, there is no need for coercian.


I urge you to give up libertarianism David, and follow me. The road may be rocky for some time, but the rewards, ultimately, will be much greater than what can be acheived under your philosophy.

monkspider is offline monkspider
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  Old Post 07-12-2002 11:29
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Oh yeah, once again, sorry to threadjack.

David Floyd is offline David Floyd
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  Old Post 07-12-2002 11:32 Visit David Floyd's homepage!
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quote:
There is no need for an absolute state power when people *choose* to mutally live in communism. If the vast majority of people come to a sense of greater enlightenment and realize greater truths than what currently pervade our society, there is no need for coercian.


Except against that "small minority" who dissent, of course. But saying a great majority will ever aspire to communist principles, or for that matter Christian ones, is utterly ridiculous and unrealistic. And again, the society you are advocating is essentially one without sin, and we both know that is impossible.

quote:
I urge you to give up libertarianism David, and follow me. The road may be rocky for some time, but the rewards, ultimately, will be much greater than what can be acheived under your philosophy.


I would say that individual liberty is the greatest good we can hope to achieve. Even though I'm a Christian, I'd be 100% against a theocratic Christian state run on Christian/Biblical principles, because people would not be free, and the government (or the "vast majority of the people", however you want it), would hold absolute power.

David Floyd is offline David Floyd
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  Old Post 07-12-2002 11:34 Visit David Floyd's homepage!
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quote:
Guns, people. Guns.


Blah, blah, blah...seriously, pointless topic because no one will ever budge anyone else on the issue, and it's been hammered to death. I'll simply point out that gun ownership is a property right and should never be infringed in any way, someone like Dr. Strangelove will point out homicide rates, I'll tell him that the number of deaths are meaningless to me and an emotional argument that has no logical bearing on the issue, and round and round it goes.

Imran Siddiqui is offline Imran Siddiqui

Deity
The Potterverse
Jan 1970
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  Old Post 07-12-2002 11:36
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Like the original post said, different circuit decisions, the SCOTUS will probably affirm the 5th Circuits decision and reject the 9th Circuit's decision (which it tends to do anyway).

David Floyd is offline David Floyd
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It would be nice to have a definitive pro-gun SCOTUS ruling.

monkspider is offline monkspider
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  Old Post 07-12-2002 11:44
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quote:
Originally posted by David Floyd


Except against that "small minority" who dissent, of course. But saying a great majority will ever aspire to communist principles, or for that matter Christian ones, is utterly ridiculous and unrealistic. And again, the society you are advocating is essentially one without sin, and we both know that is impossible.

There is a small minority who dissent against laws against murder. Do they have the right to dissent?
In regards to the realism of my aspirations, of course it is impossible for a perfect, sinless society to ever emerge. However, it is quite possible for a society that has a greater sense of living for the betterment of their neighbor. That not only is quite possible, but perfectly reasonable. Moreover, if you still believe that this can't be achieved, just remember, with God, all things are possible.

quote:

I would say that individual liberty is the greatest good we can hope to achieve. Even though I'm a Christian, I'd be 100% against a theocratic Christian state run on Christian/Biblical principles, because people would not be free, and the government (or the "vast majority of the people", however you want it), would hold absolute power.

What is one of the two great commandments, aside from love God with all your heart? Love your neighbor as yourself. This is a universal truth, this is not the mere workings of mice or men. What Ayn Rand considers most important is nothing compared to what God considers even remotely important. As I have stated in a previous discussion, God asks that we live for each other, rather than the individualism that Rand mandates. There is no need for a theocratic regime, because what I propose offers true freedom. There is no need to belong to this or that religious sect to agree. Once again David, I ask that you give up your philosophy, and I promise that it will be well worth it.

(sorry to continue threadjacking)

Lefty Scaevola is offline Lefty Scaevola
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  Old Post 07-12-2002 11:50
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quote:
Originally posted by David Floyd
It would be nice to have a definitive pro-gun SCOTUS ruling.


They had been assiduously refusing to make one . They will not necessarily make one in this situation; conflict in the among the circuit decisions is still a permissive jurisdiction for them, not a manditory one.

Lefty Scaevola is offline Lefty Scaevola
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  Old Post 07-12-2002 11:53
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But if they leave the conflict in place, that will make the Left Coast and easy conquest for the South + Texas.

 
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