JimC wrote:Collector1337 wrote:Hermit wrote:Collector1337 wrote:Don't ever use the, "it's what's best for society" or for the "greater good of civilized society" arguments because they are bullshit. It's "what's best for society" IN YOUR OPINION. That's it. It's a fucking worthless argument.
And that's your opinion.
Well no fucking shit it is. I never said that it wasn't.
But, it's also a bullshit emotional argument. It's like I'm supposed to be guilted into doing "what's best for society."
It's absolutely pathetic.
I suspect there are plenty of things that you happily obey, enforced by laws because they are best for a society as a whole.
Speed limits, for example...
So, you want to be all precious and selective about what societal rules you will except, and which you will ignore...
Depends on the rule. A speed limit does not violate my right to freedom of travel, it merely regulates time, place and manner of executing my right to travel in a reasonable manner.
A gun ban, however, absolutely violates my right to keep and bear arms. Since that right is a fundamental, natural and constitutional individual right, it trumps any and all rules that ban the possession and carrying of arms. Period.
A rule that regulates the time, place and manner of carrying arms must, as it infringes on a fundamental right, meet a severe test for constitutionality known as the "Strict Scrutiny Test," which requires that the government must prove (in court) that the government has a "compelling need" to so regulate; that the regulation be the minimum possible degree of regulation necessary to achieve the legitimate government goal; and that the regulation must substantially achieve the intended constitutional purpose without unduly infringing on constitutional protections.
If the issue is "Handguns can fall into the hands of criminals and be used to commit murder" then the hurdles that a gun ban must overcome as a constitutional response are roughly as follows:
1. Does the government have a compelling need to prevent criminals from committing murder with handguns? The answer to that question is obviously "yes, it does."
2. Is a gun ban the minimal possible degree of regulation necessary to achieve the legitimate government goal of keeping handguns away from criminals? The answer is obviously "no, it is not." This is because gun bans do not themselves prevent criminals from obtaining handguns, they might make it more difficult or expensive to do so while at the time infringing on the law-abiding citizenry's right to have handguns for lawful self defense.
3. Does the gun ban actually substantially achieve the intended constitutional purpose? The answer is "no, it does not" because a) a general gun ban denies law-abiding persons their right to keep and bear arms suitable for personal defense; and b) a general gun ban does very little to prevent criminals from obtaining, or manufacturing handguns illegally.
Therefore, such bans are unconstitutional, as the Supreme Court pointed out in Heller and McDonald.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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