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#52 Oct 27 2010 at 11:49 PM Rating: Good
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twiztidsamurai wrote:

Let's say we just pretend the [contentious issue] mention in the [number] amendment never existed. Don't you people think it would just be a good idea anyway for the government to avoid interacting with [contentious issue]? As sort of a staunch stance of propriety? To avoid any possible accusations of favoring? The government getting involved with [contentious issue] has only downsides.

Just like Mad Libs!

Cute, but meaningless.



Edited, Oct 28th 2010 12:50am by trickybeck
#53 Oct 28 2010 at 1:23 AM Rating: Good
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That is exactly what I am saying. The modern construct is not in the constitution, and is actually contrary to the state of the country when the constitution was written and ratified. As several states did have an established religion at the time it seems fairly clear that the modern "separation doctrine" is not as intended.


I guess if you take it as read that there's one singular intention behind a piece of legislation, and that not only those that pass a bill or amendment but also those who are supposed to enforce it will wish to do so and, in wishing to do so, effect these wishes unerringly... then yeah, I suppose that's a valid inference.
#54 Oct 28 2010 at 7:31 AM Rating: Good
trickybeck wrote:
Let's say we just pretend the religion mention in the first amendment never existed. Don't you people think it would just be a good idea anyway for the government to avoid interacting with religion? As sort of a staunch stance of propriety? To avoid any possible accusations of favoring? The government getting involved with religion has only downsides.

As worded, no.
#55 Oct 28 2010 at 7:37 AM Rating: Excellent
I wonder if you guys would be cool with the state of New-York handing number plates with islamic crescents on them.

Also, what's with this obsession with the founding fathers? It seems a bit backwards and reactionary to me. Instead of looking at current problems with current analytical tools, you keep going back to what a bunch of wealthy slave-owners said 200 odd years ago. Is that really the best source of wisdom? Everytime I hear "The Founding Fathers didn't intend that..." well **** them the Founding Fathers had no ******* idea what the world would look like 200 years later. This obsession is almost religious... Can the state hand-out plates with the Founding Fathers on it? Because then, whenever you have a problem, you could just stare at your numberplate and imagine what the founding fathers would've thought about it.
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#56 Oct 28 2010 at 7:52 AM Rating: Decent
RedPhoenixxx wrote:
I wonder if you guys would be cool with the state of New-York handing number plates with islamic crescents on them.

Hell yes. It would make for much easier targeting. Barring that, could we get them to wear little patches pinned to their shirts, or armbands with a crescent on them?

RedPhoenixxx wrote:
Also, what's with this obsession with the founding fathers? It seems a bit backwards and reactionary to me. Instead of looking at current problems with current analytical tools, you keep going back to what a bunch of wealthy slave-owners said 200 odd years ago. Is that really the best source of wisdom? Everytime I hear "The Founding Fathers didn't intend that..." well @#%^ them the Founding Fathers had no @#%^ing idea what the world would look like 200 years later. This obsession is almost religious... Can the state hand-out plates with the Founding Fathers on it? Because then, whenever you have a problem, you could just stare at your numberplate and imagine what the founding fathers would've thought about it.

Because they had a pretty good idea, and then founded a country based on it. There is nothing new under the sun Frenchie. The problems we face today are no different from the problems faced 1000 years ago, just amplified and exposed.
#57 Oct 28 2010 at 8:07 AM Rating: Good
MoebiusLord wrote:
RedPhoenixxx wrote:
I wonder if you guys would be cool with the state of New-York handing number plates with islamic crescents on them.

Hell yes. It would make for much easier targeting. Barring that, could we get them to wear little patches pinned to their shirts, or armbands with a crescent on them?


I did kinda miss you, I have to say. In a very manly and heterosexual kind of way, of course.

RedPhoenixxx wrote:
Because they had a pretty good idea, and then founded a country based on it. There is nothing new under the sun Frenchie. The problems we face today are no different from the problems faced 1000 years ago, just amplified and exposed.


Well, that's not entirely accurate. Even if nothing is "new", lots of things have evolved, so much so that they're radically different from whatever they evolved from. The right to bear arms in order to protect the people against tyranny of government made sense when it was written, as it was a response to very specific and present threat. It doesn't anymore. You can still justify the right to bear arms for a host of reasons (protection against criminals, freedom, w/e), but the context in which it was written has changed so much that no one could seriously argue that rednecks owning a shotgun somehow protects anyone from governmental tyranny. Governmental tyranny has changed, in its methods, purposes, and incarnations, and muskets simply don't cut it anymore.

So yes, the problems can be defined using the same words, but the context, meaning, and implications of these words have changed radically. The solutions therefore need changing to. Just like we mock those crazy fundamentalists who think modern problems have their answers in the Bible, the Quran, I mock the people who think the asnwers to modern political problems can be found in a 200 year old document, or worse, who try to channel the spirit of the Founding Fathers through hocus-pocus divination.
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#58 Oct 28 2010 at 8:36 AM Rating: Decent
RedPhoenixxx wrote:
The right to bear arms in order to protect the people against tyranny of government made sense when it was written, as it was a response to very specific and present threat. It doesn't anymore.

And this is where I disagree with you. I believe that a government should fear its citizenry. A government of, for and by the people should have a healthy fear that their actions will have consequences, up to and including. Unlikely though it may be on a macro scale, over-reaching occurs on a daily basis on a micro scale and those incidents add up.

RedPhoenixxx wrote:
So yes, the problems can be defined using the same words, but the context, meaning, and implications of these words have changed radically. The solutions therefore need changing to.

I disagree fundamentally with the example you use, and am hard pressed to think of another that could apply. I think what the old slave-owning white guys were able to do in 4500 words was pretty damn impressive and, for the most part, stands up to the test of time pretty well (come on, the 3/5ths of a man thing really couldn't have lasted, they's a uppity people. Colorful, but uppity).
#59 Oct 28 2010 at 8:41 AM Rating: Excellent
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RedPhoenixxx wrote:
Also, what's with this obsession with the founding fathers?

The deification of the Founding Fathers is really a conservative thing. I'll admit that they had some good ideas and all that but, if they were around today, I'm pretty confident seeing our response to a dynamic and innovative form of government be that we must base 2010 upon what a handful of politicians from 1780 would do would result in an epic Jefferson facepalm.

That doesn't stop me from using them as a means of tweaking conservatives though.
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#60 Oct 28 2010 at 8:51 AM Rating: Good
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MoebiusLord wrote:
RedPhoenixxx wrote:
I wonder if you guys would be cool with the state of New-York handing number plates with islamic crescents on them.

Hell yes. It would make for much easier targeting. Barring that, could we get them to wear little patches pinned to their shirts, or armbands with a crescent on them?

Can I get a FSM license plate?
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#61 Oct 28 2010 at 9:01 AM Rating: Excellent
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MoebiusLord wrote:
RedPhoenixxx wrote:
The right to bear arms in order to protect the people against tyranny of government made sense when it was written, as it was a response to very specific and present threat. It doesn't anymore.

And this is where I disagree with you. I believe that a government should fear its citizenry. A government of, for and by the people should have a healthy fear that their actions will have consequences, up to and including. Unlikely though it may be on a macro scale, over-reaching occurs on a daily basis on a micro scale and those incidents add up.
Sure, government should be afraid of his people, but I think the point is that the right to bear arms doesn't have this effect anymore. I agree that they did a good job crafting the document, and I don't think that the reason for letting people bear arms has changed, it's just that it doesn't point to a right to bear arms any more. Protecting people against the tyranny of government still makes sense, it's just that this won't be accomplished by giving people guns.

Edited, Oct 28th 2010 10:03am by Xsarus
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#62 Oct 28 2010 at 9:09 AM Rating: Good
Sir Xsarus wrote:
I agree that they did a good job crafting the document, and I don't think that the reason for letting people bear arms has changed, it's just that it doesn't point to a right to bear arms any more.

Can you expand on this? I don't think I am reading it correctly because it's confusing me.
#63 Oct 28 2010 at 9:32 AM Rating: Excellent
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Yeah, sorry that was poorly worded.

The reason for letting people bear arms was so that they could resist and protect themselves from government tyranny and I think that people should still have this ability to protect themselves from government tyranny.

What I think has changed is that a right to bear arms no longer accomplishes this.
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#64 Oct 28 2010 at 10:00 AM Rating: Good
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Sir Xsarus wrote:
What I think has changed is that a right to bear arms no longer accomplishes this.
It would if people could buy SAMs, as a starting point.
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#65 Oct 28 2010 at 10:17 AM Rating: Excellent
MoebiusLord wrote:
A government of, for and by the people should have a healthy fear that their actions will have consequences, up to and including. Unlikely though it may be on a macro scale, over-reaching occurs on a daily basis on a micro scale and those incidents add up.


That's true up to a point, but are guns the best way to instil this fear? Are they even effective anymore? When compared to the might of government firepower, it's a bit of a joke. That's what changed between then and now. Government "tyranny" cannot be fought against with "arms", at least not in a country like the US. It can be fought, and should be fought, but it will have to be using other mediums.

Moe wrote:
I disagree fundamentally with the example you use, and am hard pressed to think of another that could apply. I think what the old slave-owning white guys were able to do in 4500 words was pretty damn impressive and, for the most part, stands up to the test of time pretty well


I don't disagree with this, but I do think all of the amendments to the constitution are further examples where the constitution was simply not up-to-date anymore. It's not infallible. It might be full of good ideas and principles, but it should be used as a guidelines, at best. Not as a literal and all-encompassing road-map to modern government. Just like Holy texts.
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#66 Oct 28 2010 at 4:25 PM Rating: Decent
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Sir Xsarus wrote:

The reason for letting people bear arms was so that they could resist and protect themselves from government tyranny and I think that people should still have this ability to protect themselves from government tyranny.

What I think has changed is that a right to bear arms no longer accomplishes this.


Isn't that kinda self creating though? So because we've passed gun control legislation which has over time reduced the relative effectiveness of arms which a private citizen can own in this regard we should just finish the job and get rid of them all by arguing that the "right" is no longer relevant?

That's kinda the tail end of a "Slippery Slope!" right there, isn't it?
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#67 Oct 28 2010 at 4:28 PM Rating: Good
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So you're in favour of the general populace owning SAMs and ATGMs?
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#68 Oct 28 2010 at 4:39 PM Rating: Decent
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RedPhoenixxx wrote:
That's true up to a point, but are guns the best way to instil this fear? Are they even effective anymore? When compared to the might of government firepower, it's a bit of a joke. That's what changed between then and now.


Same response as above. And you liberals wonder why we conservatives always look for the slippery slope result? I'll give you a hint: It's because it almost always seems to come true.

Quote:
Government "tyranny" cannot be fought against with "arms", at least not in a country like the US. It can be fought, and should be fought, but it will have to be using other mediums.


Like what? Rioting in the streets? Going on strike? And for such tyrannical actions as refusing to provide retirement benefits until age 62 instead of age 60? So in 250 years we've gone from fighting for liberty and fraternity to fighting for the scraps from the government's table. Somehow, I'm thinking the European model of liberty has gotten a bit off track.

Quote:
I don't disagree with this, but I do think all of the amendments to the constitution are further examples where the constitution was simply not up-to-date anymore. It's not infallible. It might be full of good ideas and principles, but it should be used as a guidelines, at best. Not as a literal and all-encompassing road-map to modern government. Just like Holy texts.


I'll give the patented Conservative answer:

Then pass an amendment and change the Constitution!.


If you feel that a part of the constitution isn't applicable anymore, or that a right isn't relevant, then you should actually change the damn law. We have a process for that. What you should not do is embark upon a campaign of gradually changing the interpretation of the law by manipulation of our judicial system. If you want the law to be X, then pass a law to make it X. Don't just insist that what meant A 200 years ago now means X.

The reason you don't do that is that it means that all laws aren't really real anymore. They all just become subject to interpretation at any given time based often on the political conveniences of that time. It removes any sort of certainty and security those laws grant to us. That's why we conservatives have a problem with this. It's why we rail against "activist judges". If you honestly believe that the 2nd amendment isn't relevant in our society anymore then change the law itself.


That they don't use this method speaks volumes to the degree to which most people don't agree with their views. But instead of attempting to change those people's minds so they can change the law, they do an end run around them instead. And in the process they weaken the very foundation of law upon which our country rests. The amendment process exists for a reason. It's there specifically to ensure that a change to the constitution can only occur as a result of overwhelming agreement by a wide portion of the citizens (and their representatives). Working diligently to side step that process isn't a good course of action at all. If you can't change the law then clearly your opinion of its relevance isn't accurate. Thus, your course of action is *wrong*. Period.
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#69 Oct 28 2010 at 4:41 PM Rating: Decent
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Uglysasquatch wrote:
So you're in favour of the general populace owning SAMs and ATGMs?


No. Actually, I don't. However, I also don't agree with the assessment that small arms in the hands of the civilians is no longer a deterrent to government tyranny. I was simply pointing out the absurdity of the argument being used.
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#70 Oct 28 2010 at 4:53 PM Rating: Decent
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I rather agree that the citizenry should inspire fear in its government, but I don't think guns are really the go-to option to achieve this end anymore. I'm not arguing against guns by any means, I am a gun owner myself.

Real fear should be inspired by a well informed and active voter base. Freedom of information and individuals willing to wield that freedom is a much scarier thing to the establishment than isolated or small groups of people with guns.

Edited, Oct 28th 2010 6:53pm by WDN
#71 Oct 28 2010 at 5:16 PM Rating: Excellent
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gbaji wrote:
Sir Xsarus wrote:

The reason for letting people bear arms was so that they could resist and protect themselves from government tyranny and I think that people should still have this ability to protect themselves from government tyranny.

What I think has changed is that a right to bear arms no longer accomplishes this.


Isn't that kinda self creating though? So because we've passed gun control legislation which has over time reduced the relative effectiveness of arms which a private citizen can own in this regard we should just finish the job and get rid of them all by arguing that the "right" is no longer relevant?

That's kinda the tail end of a "Slippery Slope!" right there, isn't it?
Not really, regardless of gun control or not, it's not a deterrence against government tyranny at this point. Especially not small arms, and I don't really understand why you think it would be. Government tyranny doesn't really come in a form that can be stopped with the use of any arms that a civilian would be able to get, even if there is no gun control. It used to be, it's become gradually less effective as the years have gone by. Gun control hasn't caused this ineffectiveness, the nature of government and citizens and technology has caused it.

I'm not arguing that people shouldn't be allowed to have guns, but the initial reasons certainly no longer apply.

Edited, Oct 28th 2010 6:18pm by Xsarus
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#72 Oct 28 2010 at 5:39 PM Rating: Default
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Sir Xsarus wrote:
gbaji wrote:

That's kinda the tail end of a "Slippery Slope!" right there, isn't it?
Not really, regardless of gun control or not, it's not a deterrence against government tyranny at this point. Especially not small arms, and I don't really understand why you think it would be.


"Especially not small arms" does sorta prove my point though. The mere fact that you felt you had to specify this shows that the type of weapons matters. So the degree to which those weapons are made unavailable to the public does matter, doesn't it?


Quote:
Government tyranny doesn't really come in a form that can be stopped with the use of any arms that a civilian would be able to get, even if there is no gun control. It used to be, it's become gradually less effective as the years have gone by.


Why? What specifically has changed? It's not like the average citizen in 1770 had access to cannons and warships either. I suspect you're not really comparing apples to apples here.


Quote:
Gun control hasn't caused this ineffectiveness, the nature of government and citizens and technology has caused it.


I'll ask again: What specifically has changed. See. I simply don't agree with this. Doubly so when you seem to be having such a hard time elaborating on what has changed and how that makes a large number of small-arms equipped citizens any less capable of overthrowing a government today than they were back in the 1770s. I'll give you a hint: It's not just about the weapons they have in their homes. That's just a starting point. Just as the small arms held by citizens back then simply enabled them to do things like capture armories and barracks, which in turn gave them access to larger arms, which in turn lead to being able to field something more like a real fighting force.

And that's ignoring the other innate advantages a civilian force has against a government one. And that's assuming that the military itself stays completely loyal to said tyrannical government. Our soldiers are citizens as well. Nothing has changed. Most of the men who fought in the US war for independence fought for the British just a decade earlier. It's not that shocking of a thing and I'd argue that in todays social environment you'd be more likely to see soldiers join a resistance if it came to such a thing.


Not speculating on whether this would happen at all. I simply don't agree with the assessment that it's somehow meaningless in todays world. I'm not sure why you'd think so at all.

Quote:
I'm not arguing that people shouldn't be allowed to have guns, but the initial reasons certainly no longer apply.


You'll need to do better than just restate that assertion over and over though. Can you?
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#73 Oct 28 2010 at 5:47 PM Rating: Excellent
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gbaji wrote:
Then pass an amendment and change the Constitution!.

If you feel that a part of the constitution isn't applicable anymore, or that a right isn't relevant, then you should actually change the damn law. We have a process for that. What you should not do is embark upon a campaign of gradually changing the interpretation of the law by manipulation of our judicial system.

Except that the Second Amendment had always been interpreted to have limitations from the very first time a private citizen tried to keep his own cannon. "Arms" has always been a term open to interpretation and assuming "The Founding Fathers would have seen this modern weapon as okay!" because it's the answer we want to hear is just ridiculous. Our government is crafted with the intent that we can actually make these decisions ourselves.
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#74 Oct 28 2010 at 6:24 PM Rating: Excellent
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gbaji wrote:
"Especially not small arms" does sorta prove my point though. The mere fact that you felt you had to specify this shows that the type of weapons matters. So the degree to which those weapons are made unavailable to the public does matter, doesn't it?
This is in direct response to your statement earlier. You specified it not me, I was just trying to actually address what you were saying. I actually added it when I saw you had posted while I was typing. Smiley: oyvey
gbaji wrote:
I also don't agree with the assessment that small arms in the hands of the civilians is no longer a deterrent to government tyranny.


Gbaji wrote:
Quote:
Government tyranny doesn't really come in a form that can be stopped with the use of any arms that a civilian would be able to get, even if there is no gun control. It used to be, it's become gradually less effective as the years have gone by.
Why? What specifically has changed? It's not like the average citizen in 1770 had access to cannons and warships either. I suspect you're not really comparing apples to apples here.
I would say the gap between the what the average citizen would be able to do and what the military could field is far far bigger both in terms of skill and capacity of armaments.

Quote:
Doubly so when you seem to be having such a hard time elaborating on what has changed and how that makes a large number of small-arms equipped citizens any less capable of overthrowing a government today than they were back in the 1770s. I'll give you a hint: It's not just about the weapons they have in their homes. That's just a starting point. Just as the small arms held by citizens back then simply enabled them to do things like capture armories and barracks, which in turn gave them access to larger arms, which in turn lead to being able to field something more like a real fighting force.

And that's ignoring the other innate advantages a civilian force has against a government one. And that's assuming that the military itself stays completely loyal to said tyrannical government. Our soldiers are citizens as well. Nothing has changed. Most of the men who fought in the US war for independence fought for the British just a decade earlier. It's not that shocking of a thing and I'd argue that in todays social environment you'd be more likely to see soldiers join a resistance if it came to such a thing.
Yeah, I get the method, but I don't find it realistic given the huge gap that currently exists for citizens to actually achieve this. The weapons they could get they wouldn't know how to use. If you got entire groups of soldiers converting then things would be different, and this would be more realistic, but then that makes citizens owning guns completely irrelevant. You're basically depending on the military for any sort of rebellion, as a militia just is so much less effective now. Back in the day a well organized militia wasn't that much different then the army, it would be now.

Putting this aside though, I don't think our world today or government oppression comes in the same form as it would have back then. I don't think direct conflict would erupt, and find it incredibly unlikely that it would be the best option.

Quote:
Not speculating on whether this would happen at all. I simply don't agree with the assessment that it's somehow meaningless in todays world. I'm not sure why you'd think so at all.
Not necessarily completely meaningless, just very ineffective.
Gbaji wrote:
Quote:
I'm not arguing that people shouldn't be allowed to have guns, but the initial reasons certainly no longer apply.


You'll need to do better than just restate that assertion over and over though. Can you?
Given that I made one post about it, and then tried to clarify what I meant when you misunderstood it, I'm not sure exactly what I've been repeating over and over. Smiley: lol


Edited, Oct 28th 2010 7:35pm by Xsarus
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#75 Oct 28 2010 at 6:29 PM Rating: Decent
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Jophiel wrote:
gbaji wrote:
Then pass an amendment and change the Constitution!.

If you feel that a part of the constitution isn't applicable anymore, or that a right isn't relevant, then you should actually change the damn law. We have a process for that. What you should not do is embark upon a campaign of gradually changing the interpretation of the law by manipulation of our judicial system.

Except that the Second Amendment had always been interpreted to have limitations from the very first time a private citizen tried to keep his own cannon.


Yes. But those limitations didn't arise from a belief that the amendment itself was not relevant and thus not important to uphold. I was responding to the specific argument that the "right to keep and bear arms" itself is no longer important in todays world and thus it's ok to pass tighter and tighter restrictions on those arms.


That's a completely different thing, isn't it?


Quote:
"Arms" has always been a term open to interpretation and assuming "The Founding Fathers would have seen this modern weapon as okay!" because it's the answer we want to hear is just ridiculous. Our government is crafted with the intent that we can actually make these decisions ourselves.


Deciding what constitutes "arms" within the context of the 2nd amendment? Yes. Deciding that the second amendment itself just isn't relevant and shouldn't be enforced? No. Not without actually going through the process of changing the amendment. Way to completely miss the point though!

Edited, Oct 28th 2010 5:29pm by gbaji
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#76 Oct 28 2010 at 6:32 PM Rating: Excellent
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Sir Xsarus wrote:
I would say the gap between the what the average citizen would be able to do and what the military could field is far far bigger both in terms of skill and capacity of armaments.

Don't you understand? The Founding Fathers never intended for the citizenry to have the awesome power of a bronze 3-pound cannon -- that's just silly! -- but they would totally and unquestionably defend your right to own a .50cal automatic rifle. Because, when causing mayhem, I know my first choice would be to hook a c.1778 cannon to the back of my car and drive off to the local mall.

A more sane way of thinking is that perhaps we need to look at and interpret the intended scope of the Second Amendment but that's like spitting in James Madison's eye and knee-jerk proclamations that we're being all activist and stuff is really the way to go. I can't imagine how proud they'd be.
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