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Old 2013-01-19, 01:55   Link #1153
DonQuigleone
Knight Errant
 
 
Join Date: Dec 2007
Location: Dublin, Ireland
Age: 35
Quote:
Originally Posted by GundamFan0083 View Post
His call for the assault weapon ban and standard mag ban.
He is basing that on Dianne Feinstein's bill which he has previously stated he supports.
That bill calls for mandatory registration with intent to confiscate.
I've downloaded the PDF version and read it.
It is a gross violation of the 2nd amendment.
Simply calling on congress to ban assault weapons is not unconstitutional. For one thing, he's simply called on congress to do something, he didn't actually do it.

Furthermore, not being able to buy certain guns does not impinge on your right to bear arms. The 2nd amendment states you have a right to a gun, but it does not stipulate what type of gun.

For instance, do you have a right to own a Bazooka? A Gatling Gun? Owning those is already illegal in the United States. Likewise I don't think you can buy military grade weaponry either, and that's not considered unconstitutional by any of the gun owners I've met. If those laws are constitutional, then the same logic applies to an assault rifle ban. Because it's not banning firearms as a whole, but simply a class of firearms.

Now, we can argue all day about whether banning assault rifles is a good idea or not (frankly I don't know), but I don't see how banning an assault rifle is legally any different from banning bazookas, Gatling guns or other military grade weaponry.

As for mandatory registration, other fundamental rights you have are also regulated. You have a right to free speech, but you don't have a right to shout fire in a crowded theater. If by owning a gun you present a danger to your community, your right to own a gun is nullified (say if you're a former criminal, or severely mentally ill).

So again, I don't see how anything he wrote was unconstitutional. Maybe you don't agree they're the right approach, but saying they're illegal is disingenuous.

EDIT: @Ithekro, I really hope the USA doesn't start getting paramilitaries popping up. Because seriously, they make your gangs look like chumps. Northern Ireland should be a warning. That's what happens when people start taking up arms against their government, and take the law into their own hands.
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