Scalia Says Guns May Be Regulated

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jimlongley
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Re: Scalia Says Guns May Be Regulated

Post by jimlongley »

ScooterSissy wrote:
G26ster wrote:I watched the full interview. When asked about banning semi-automatic weapons with 100 rd magazines, Justice Scalia immediately equated the type of "frightening" hand held weapons that may be regulated to weapons such as hand held rocket launchers that could bring down aircraft. It was obvious to me that he was not equating semi-autos with more than 10 rds to that category. That said, he did not commit specifically to what could and could not be regulated at this time. I don't think he would support any further restrictions than what is in place now. MHO.
I think it's important to note what was really said, rather than what some of the new stations want people to think was said. Here's the actual words:

"Obviously, the amendment does not apply to arms that cannot be hand-carried. It's to keep and BEAR, so it doesn't apply to cannons. But I suppose there are hand held rocket launchers that can bring down airplanes that will have to be decided."

He's then asked - "How do you decide that if you're a textualist?"

"Very carefully" (as he laughed) - "My starting point and probably my ending point will be what limitations are within the understood limitations that the society had at the time. They had limitations on the nature of arms that could be borne. So we'll see what those limitations are as applied to modern weapons."
Importantly, he has left the door open for a convincing argument AGAINST exactly what he said, not even what the media chooses to spoon feed us.

The media has already decided, in their own reductio ad absurdum, that he must obviously mean all guns that can be hand carried rather than what he actually said, and the media will do that until some way is found to stop them from doing that, which means like forever, because in a similar logical twist, they see it as their first amendment right to inform the people.

But there is a logical fallacy in Scalia's statement: One of the reasons for the second amendment in the first place was the British attempt to confiscate arms from the colonists, INCLUDING CANNON!

The limitations that society had at the time included private possession of cannon, rendering his "so it doesn't apply to cannons." moot.

The real issue I have is that Scalia has now drawn a line, which the antis will gleefully pounce upon and then the arguments that ensue will include "Well if we draw the line at 1 inch guns (already defined as cannon) why don't we move it down one quarter of an inch and include .72 caliber cannon (think 12 gauge shotguns) and then just another quarter inch to those weapons of mass destruction the .50 calibers?

And on and on and on.

And of course there will be the usual calls for the NRA to "compromise for once" (not even mentioning all the past compromises) in the name of "common sense" (which, by definition would have to be the common thoughts of the masses) and to save one or more lives, especially based on Scalia's misquoted and misinterpreted statement.
Real gun control, carrying 24/7/365
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Charles L. Cotton
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Re: Scalia Says Guns May Be Regulated

Post by Charles L. Cotton »

G26ster wrote:
ScooterSissy wrote: He's then asked - "How do you decide that if you're a textualist?"

"Very carefully" (as he laughed) - "My starting point and probably my ending point will be what limitations are within the understood limitations that the society had at the time. They had limitations on the nature of arms that could be borne. So we'll see what those limitations are as applied to modern weapons."
I don't think any SCOTUS justice would reveal how they may or may not rule on cases not yet brought before the court. I think Scalia gave an appropriate answer.
Exactly right.

Chas.
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Re: Scalia Says Guns May Be Regulated

Post by AlphaWhiskey »

Since I have recently taken the time to read the Founding Father's thoughts on the Constitution as they relate to the 2nd Amendment, I am curious to read the legal precedents Justice Scalia is referring to. I am going to do some research on that now, and I encourage anybody else to post up what they find as well. What I am seeing initially indicates that most (if not all) local restriction on firearms happened without the knowledge of the Supreme Court, but I am going to keep digging.

I find it somewhat sad, however, that most people seem to have no problem with broadly interpreting the first amendment to allow all manner of free speech (offensive or not) in order that it not be abridged, but at the same time there are so many who then try to question the second amendent and broadly argue that the RKBA be infringed upon. I propose a compromise: We will accept restrictions upon high capacity magazines of 75 rounds or more (heck, most don't work very well anyways!) in exchange for immediate revocation of protection of flag burning under the 1st Amendment.
:patriot:
EconDoc
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Re: Scalia Says Guns May Be Regulated

Post by EconDoc »

First of all, never forget that the leftist media are not about reporting news but propagandizing. And, when they are not doing that, then they are busy sensationalizing the news in order to gain viewers and sell more ads at a higher price as viewership rises.

I think that most of us support some restrictions. For example, I don't want convicted felons to be able to buy guns. The same goes for mental cases, but I do think that too many of them are running loose who should be institutionalized. In the past, many of them were, but not a wakko can't be locked up unless they are a "danger to themselves or others". Often we learn that they are dangerous the hard way. I really don't like many restrictions beyond what I have named above. As for age limits, if somebody is old enough to vote, not mentally impaired, and not a convicted felon or under indictment currently, then they should be able to legally buy a gun.

Beyond what I have outlined, I don't see much need for restrictions, but they are restrictions.

My impression was that it was the newscaster, not Scalia, who equated AR15's and AK47's with hand-held rocket launchers. In that case, Scalia is taking heat that should be heaped on the news propagandist.

:patriot: :txflag:
Sauron lives and his orc minions are on the march. Free people own guns.
Heartland Patriot

Re: Scalia Says Guns May Be Regulated

Post by Heartland Patriot »

EconDoc wrote:First of all, never forget that the leftist media are not about reporting news but propagandizing. And, when they are not doing that, then they are busy sensationalizing the news in order to gain viewers and sell more ads at a higher price as viewership rises.

I think that most of us support some restrictions. For example, I don't want convicted felons to be able to buy guns. The same goes for mental cases, but I do think that too many of them are running loose who should be institutionalized. In the past, many of them were, but not a wakko can't be locked up unless they are a "danger to themselves or others". Often we learn that they are dangerous the hard way. I really don't like many restrictions beyond what I have named above. As for age limits, if somebody is old enough to vote, not mentally impaired, and not a convicted felon or under indictment currently, then they should be able to legally buy a gun.

Beyond what I have outlined, I don't see much need for restrictions, but they are restrictions.

My impression was that it was the newscaster, not Scalia, who equated AR15's and AK47's with hand-held rocket launchers. In that case, Scalia is taking heat that should be heaped on the news propagandist.

:patriot: :txflag:
:iagree: Especially in regards to the text I highlighted. All of these "journalists", they are ALL crooks, even at Foxnews...its just a matter of how crooked they really are...and they all feed off of each other...once one of them puts something up, no matter how spun away from the truth or facts it may be, it gives the rest of them license to quote it and act as if it were the gospel from on high...and if they print a retraction, it is buried, whispered about, and quickly forgotten. Nothing needs to be cleaned up (though I have no clue how to do it) like our ridiculous system they call "the free press".
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G26ster
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Re: Scalia Says Guns May Be Regulated

Post by G26ster »

Heartland Patriot wrote: Nothing needs to be cleaned up (though I have no clue how to do it) like our ridiculous system they call "the free press".
Maybe those of us pro RKBA should always come back with an answer for "gun control," with, "OK, in exchange for speech control. Fair enough?"
ScooterSissy
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Re: Scalia Says Guns May Be Regulated

Post by ScooterSissy »

Heartland Patriot wrote:
EconDoc wrote:First of all, never forget that the leftist media are not about reporting news but propagandizing. And, when they are not doing that, then they are busy sensationalizing the news in order to gain viewers and sell more ads at a higher price as viewership rises.

I think that most of us support some restrictions. For example, I don't want convicted felons to be able to buy guns. The same goes for mental cases, but I do think that too many of them are running loose who should be institutionalized. In the past, many of them were, but not a wakko can't be locked up unless they are a "danger to themselves or others". Often we learn that they are dangerous the hard way. I really don't like many restrictions beyond what I have named above. As for age limits, if somebody is old enough to vote, not mentally impaired, and not a convicted felon or under indictment currently, then they should be able to legally buy a gun.

Beyond what I have outlined, I don't see much need for restrictions, but they are restrictions.

My impression was that it was the newscaster, not Scalia, who equated AR15's and AK47's with hand-held rocket launchers. In that case, Scalia is taking heat that should be heaped on the news propagandist.

:patriot: :txflag:
:iagree: Especially in regards to the text I highlighted. All of these "journalists", they are ALL crooks, even at Foxnews...its just a matter of how crooked they really are...and they all feed off of each other...once one of them puts something up, no matter how spun away from the truth or facts it may be, it gives the rest of them license to quote it and act as if it were the gospel from on high...and if they print a retraction, it is buried, whispered about, and quickly forgotten. Nothing needs to be cleaned up (though I have no clue how to do it) like our ridiculous system they call "the free press".
The newscaster made the (unchallenged) comment that the weapon used could shoot "100 rounds in less than a minute". Actually, factual reporting would have said "The weapon was unable to shoot 100 rounds at all, because the high-capacity after-market magazine failed, which is a common problem with those magazines". But then, what fun would that have been for them?
jerry_r60
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Re: Scalia Says Guns May Be Regulated

Post by jerry_r60 »

The whole interview was quite good, well, if you cut out Pierce Morgan's part and just listened to what Scalia had to say. I found it interesting and educational to listen to a self proclaimed "textualist" explain his interpretive philosphy of the constitution. He contrasted his view with both historical literalists (perhaps not the words he used, i don't recall exactly) and relativists (again my word, probably not his).

Where he left room for legistlation was that he pointed out that there was room for legistlation on the types of arms. You can probably find the entire video somehwere to hear him make his case.

Like that conclusion on guns or not, I must say that I agree with his "textualist" approach over the other views he discussed.

He also had had a great discusson on torture and the death penalty.

On torture, it's not a punishment and therefore does not fall under the protection of cruel and unusual punishment, unless it's the sentence for a crime i.e. sentenced to two years torture for stealing a car.

On the death penalty, he pointed out how the writers clearly did not see the death penalty as cruel and unusual and, how for many years it was the only punishment for a felony. Where he did see legislative room on this was in the deciding on methods that are new and didnt' exist when the writers of the constitution did their work.
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