jimlongley wrote:wjmphoto wrote:
While it is a right, it is not one that is open, nor should it be open, to everyone. Convicted felons should not have the right to carry open or concealed or even own a firearm. Spousal abusers should not be allowed to carry or own a weapon either. People with serious mental illness and those with drug and alcohol addictions should not be allowed to carry.
You're using the same null arguments that are the anti-gun nuts' favorites. Convicted felons already don't have the right, but that doesn't stop them, Spousal Abusers hardly give the fact that they are violating many laws a thought and, as evidenced by Cho's rampage, the laws don't seem to have much effect on drunks, druggies, or nut cases. Yes, it is a right which should be available to a subset of "everyone" but the definition and regulation of the subset is where the problem lie. My feeling, and I know others feel the same, is that the subset should be defined by elimination, not qualification, that is; remove the criminals, etc, and the rest of us will take care of ourselves. Don't license the law abiding.
Remove them to where? Are you going to build more prisons to take them out of society and make sure they don't get guns? That's a great plan - not. If you mean remove them from being able to carry, how do you do that without a qualification process? Licensing serves a two-fold purpose - it allows the state to establish a safe level of proficiency in order to carry and disqualifies people from getting a permit. Having a problem with this is less than rational.
As for Cho, he is an example of failure of government to enforce the laws on the books. Virginia chose to not report Cho, when cases like his are supposed to be on the NICS records and stop people like hom from buying the gun in the first place. The failure was not the Federal law, it was Virginia and the Supreme court ruling that said states can opt to report these things or not. When reporting to the one database that every state uses to confirm people are OK to buy a weapon is not done uniformly, that is the problem. Virginia is to blame for Cho getting a weapon - period!
jimlongley wrote:wjmphoto wrote:The only way to insure that law abising citizens are the only ones that carry a gun legally is to require background checks, like Texas. Granted it will not stop criminals from carrying because they don't worry about following the law in the first place, but it helps.
I don't see how your first sentence and second sentence even fit in the same paragraph. How does a background check ensure that only law abiding citizens are carrying? Your second sentence denies this. And then, if criminals will, by definition, disobey that law, how does it help?
It would help if you were not guilty of selective omission when you reference a quote. I stated that a background check guarantees that only law abiding citizens
legally carry. Omission of that single word make the 2 sentences appear to be in contradiction of each other. Inclusion of it eliminates that contradiction. Selective quoting and omission does not prove your point in any way shape or form.
jimlongley wrote:wjmphoto wrote:I have no problem with presenting a permit to an officer if requested to show that I am a law abiding citizens and have gone through the process. The question is why would anyone have a problem with this except those who would be denied a permit in the first place because of background or disqualifying factors?
As long as the process exists, I don't have a problem with it either, but it sure reminds me of "May I see your papers please?" In Vermont and Alaska you are presumed to be a law abiding citizen unless you prove otherwise (innocent until proven guilty?) and only then are you prohibited from carrying a gun, and if you are caught the penalties are commensurately high. I would rather the process did not exist. (more on that later.)
There is no logical reason to not have a process of licensing guns for the purpose of carrying them in public, just as there is no logical reason to not have a system of licensing people in order to drive a vehicle. Unsafe drivers should be kept off the road and not allowed to drive, just as unsafe citizens should not be allowed the ability to carry a firearm. Public safety does come into play and licensing that demonstrates ability to use a firearm safely and the fact that you have not done something to lose that right is part of the equation.
jimlongley wrote:wjmphoto wrote:Yes, owning a gun is a constitutionally guaranteed right, but so is voting and the state government has a right to disqualify people from voting based on felony convictions as well. All rights are not absolute and do not apply to all people.
I would argue with that too. The Constitution, as written, sees those rights it protects, in combination with the Bill of Rights and other Amendments as absolute, inviolate, applying to everyone, all people. Of course the Constitution had to be amended to make everyone a little more global than the everyone that was first written into the document to begin with, but that amendment only made the set broader, including women, people of color, non-property owners , and others who had found themselves disenfranchised by legal wrangling and interpretive spin.
That there are those not competent to exercise their rights was recognized right from the start, and has been held to include felons and various others by interpretation and judicial fiat over the years. It's really kind of too bad that the founders did not do more to codify some of this stuff, I think they probably thought that not allowing people who displayed no ability or desire to properly exercise their rights was just common sense.
The founders set up a system of government to establish the laws of the land, establish states and let them form their own governments, and a court system to interpret the laws and their integrity. Speech, freedom of the press and other items granted in the bill of rights are not absolutes. You can't yell fire in a theater, post troop movements in the papers and many other things are restricted from these so-called absolute freedoms. No freedom and no law is absolute.
jimlongley wrote:wjmphoto wrote:The idea of let everyone carry and sort out the bad guys caarrying guns after the fact just does not work in larger and more densely populated cities and parts of the country that inherently have higher crime rates than Vermont ever had in the first place.
I don't see how that's any different than what we have now, except that those of us who are preternaturally inclined to be law abiding will get the necessary license, that "allows" us to exercise a right, while the criminals will go ahead and carry regardless of the law. All the CHL "permission" does is give the government control over a right, turning it into a privilege, which they can modify as they see fit (as exemplified by regular changes to the CHL laws and rules)
BTW, having spent a great deal of time in Vermont, I can assure you that their big cities, although not quite as large as others, still have big city woes, and their rural areas are not any different than other rural areas except that they tend to be more vertical.
But there are some very big differences in demographics that do make Vermont a great deal different that other places. They are overwhlemingly a white state with few minorities. There are a lot of people who hunt and teach their kids to use a weapon early on. That is not the case in a lot of these big cities in places that are much more dangerous. I try to avoid bringing cultural diversity into it, but the facts are that Vermont is not a cultrually diverse place and does no have a lot of the racial and cultural issues that places like Arizona and Texas do have.
jimlongley wrote:wjmphoto wrote:Once you have had your fair trial and have been convicted, your other rights as a citizen, like the right to own a firearm can and should be restricted as you have been proven to be incapable of living by the rules of society.
Pretty much my way of thinking, not quite the whole thing, see above, but close.
The dichotomy comes with how we prevent those criminals from doing more illegal things while not restricting the rights of the law abiding. Of course we could go back to branding, wearing scarlet letters, placing people on display when convicted so that everyone would know who they were and know that they were not supposed to be availing themselves of rights that they had, by their own actions, made themselves ineligible for.
We have tried permits for guns, and have pretty much demonstrated that that doesn't work, and permits for carry go right with that. We had a ten year experiment outlawing various guns and cosmetic features that failed miserably, and prior to that other prohibitions have similarly failed, including the initial capital Prohibition.
What we need to do is recognize that criminals will be criminals without regard for what society dictates, and punish them appropriately, and the rest of us should live without the government (actually other people) interfering by "allowing" us to exercise our rights.
[/philosophical] ;-)
We will have to agree to disagree on this one. I am simply of the mindset that licensing does serve a purpose, be it licensing of vehicles, drivers or people allowed to carry a weapon. Taking the time to take a class, show proficiency with a weapon and get a license is little enough for me to be able to legally carry a firearm. I simply think that we need to come down harder on people who carry without a license just as we need to be much harsher on people who drive on a suspended or revoked license. There is nothing wrong with having these laws and requirements, but there is something very wrong with not punishing those who fail to abide by the rules.