And there's an argument for it. One of my first notes on the weapons and aids I was speaking to was their singular distinction, the unusual thing that marks their functioning. Here's a consideration of the phrase:
"Moore v Madigan, 702 F.3d 933, 936 (7th. Cir. 2012) (“ Some weapons do not terrify the public (such as well concealed weapons), and so if the statute was (as it may have been) intended to protect the public from being frightenedor intimidated by the brandishing of weapons, it could not have applied to all weapons or all carriage of weapons.
Blackstone's summary of the statute is similar: "the offence of riding or going armed, with dangerous or unusualweapons, is a crime against the public peace, by terrifying the good people of the land." 4 Commentaries on the Lawof England 148-49 (1769) (emphasis added).”) State v. Dawson, 159 SE2d 1, 7 (N.C. 1968)(“ Blackstone states that`the offense of riding or going armed with dangerous or unusual weapons, is a crime against the public peace, byterrifying the good people of the land; and is particularly prohibited by the statute of Northampton, 2 Edward III, ch.3, upon pain of forfeiture of the arms, and imprisonment during the King's pleasure.' …
Hawkins, treating of offensesagainst the public peace under the head of `Affrays,' pointedly remarks, `but granting that no bare words in judgmentof law carry in them so much terror as to amount to an affray, yet it seems certain that in some cases there may be anaffray, where there is no actual violence, as where a man arms himself with dangerous and unusual weapons in sucha manner as will naturally cause a terror to the people, which is said to have been always an offense at common lawand strictly prohibited by many statutes.'”) footnotes deleted; U.S. v. Greeno, 679 F.3d 510, 519 (6th Cir. 2012)"
Thanks. So one of the challenges that the S. Ct. might face will be in clarifying what is meant by "unusual," since according to data, assault weapons are not unusual, but according to the public peace, and whether the public is frightened or terrified, they might be determined to be unusual.
That strikes me as fantastically important to settle. I note that one of the things written above is that well concealed guns do not frighten or terrify the public, obviously, because the public doesn't know that they're there. I do not prefer concealed carry, personally, and think that making concealing deadly weapons a crime again, is a better foundation for the administration of law and order in society, than a society where the only armed civilians are carrying concealed weapons instead of openly. In many states today, only law enforcement is permitted to exercise the right to carry their guns openly. And obviously, the sight of the guns that leos carry, does not frighten or terrify the public.
And the what I see as most critical question here is what to do as the public changes. If the public suddenly becomes frightened and terrified at the sight of any gun, no matter how relatively innocuous it is (for example, a black powder musket that can only fire when the shooter is well trained, at maybe one round per minute), then does that gun therefore become "unusual," and therefore it is not protected anymore by the right to bear arms, that shall not be infringed?
That seems so amorphous a process as to make the Second Amendment almost meaningless. What would seem to me more right and just, would be to authorize only those civilians who are good with guns to make any laws concerning the gun market. I know that it is I who am dreaming in saying that, because it will never happen, but I'm setting it out there just as a contrasting thought.
The less armed civilians there are, the less comfortable the public will be at the sight of a gun.
Someone likely said that about the bump stock.
Someone misinformed.
And assault rifles, great sales notwithstanding, aren't really that widely owned by the populace.
There are no great sales of assault rifles. The supply is fixed, there's a cluster of assault rifles that are out there, the supply was set on May 19, 1986, when President Reagan signed into the law something like the 'firearms owners protection act,' which included the Hughes Amendment, that outlawed civilians from acquiring any assault rifles produced after that same date. Additionally, to deal in assault rifles requires working with ATF and paying steep fees, all for the permission to pay even steeper prices, as the supply of assault rifles available to the public is fixed.
Handguns are, but assault style rifles are still a niche, beloved by collectors, but not by the general public, so far as we can tell from statistics and modeling.
The statistics are the statistics I mentioned above regarding assault rifles. They are a niche beloved by collectors because the supply is fixed, and the only people who can afford the ATF fees and the steep prices, are collectors.
And again, if the public becomes frightened and terrified at the sight of handguns, then according to some attorneys, that's enough of a reason to make even handguns "unusual," and therefore authorized to be banned.
I'm not a gun hater, and I think the insistence of people who are for unrestricted exercise of the right that any other reading than their own puts me in that company and category is a window into a mindset that is, at its foundation, something less than rational.
I disagree. We disagree. We are not in agreement, and so when we discuss this matter, I have every right to argue with the full range of tactics at my disposal, just as you have the right to try and make it seem as if to disagree with you is "something less than rational." I could say the same about my position, and accuse anyone who disagrees with me of being "something less than rational," but that's your choice to employ this tactic, not mine.
I just call you a gun hater.
It's better to have a gun and need a gun, than to not have a gun and not need a gun.
I believe in the right to own them.
I believe in the right to own them. We do not use the same homonym 'right' though, it's apparent.
I don't require an assault rifle to exercise that right or to do any lawful thing with a weapon.
That's an answer to question that nobody asked.
Abd what I hate is schoolyards, churches, mosques, and concerts littered with the corpses of people who should be here today
Me too.
, who would be here today if it wasn't for a small segment of people
Either murderers, or innocent people suffering from some form of encephalopathy, such as a concussion or a neurological /CNS defect of some sort.
There's a gun lobby because there are a lot of people like me who disagree with gun control laws and see them as flagrantly Unconstitutional. There's a gun lobby because the entire field of attorneys do not widely agree on what the Second Amendment means, and so we can't validly appeal to any of you to answer that open question, even though it's the type of question that we would be happy to submit ourselves to your vocation to answer, if you all could just get your collective act together and agree between yourselves. The fact that you have not probably means that you cannot, and so it's left to the rest of us plebs to jockey for justices on the S. Ct.
And that's another window. That would put Hitler in office (unless you're Jewish).
Not in America, and if the actual Hitler did rematerialize, and we did elect him President, he wouldn't be Hitler, because he couldn't be, not in America. President Trump is getting henpecked by the legislative branch, and has already been roundly slapped down by the judicial branch, and even law enforcement (his own branch) has been investigating him, and he can't stop any of this. It's absolutely brilliant and terrifically comforting to see our Constitution in action during this administration, because of how mighty our government is, when faced with another fox in the hen house (according to the president's opponents). Hitler would have zero chance to do what he did in Germany in the 30s and 40s, here in America. And yes, if the actual Hitler rematerialized and ran for President, and he was the only candidate who promised to put justices on the S. Ct. who believed as I do regarding the right to bear arms, then I would absolutely vote for him. Without a second thought. Because of how great our Constitution is, and the government that it creates and sustains. We would not permit even the actual Hitler, rematerialized, to be what Hitler was in 1930s Germany, not in America. Impossible.
I think it's a poor standard for electing a leader.
There's a sense in which our leader is our law. In times of crisis, certainly we need people making rapid decisions, which is just not the bailiwick of lawmakers, lawmaking not being the right tool for that job. But the rest of the time, the law is our leader. The law authorizes police to penalize people when they break it. And the S. Ct. is according to the supreme law the authorized interpreters of the supreme law, and the judges of all our other laws according to their understanding of the Constitution. And since you attorneys can't get your act together on what the Second Amendment means, then I am within not only my rights, but also within the spectrum of reason, to feel that the right to bear arms is the one right that I feel is critical, and that is being assaulted the most fervently, and so vote for candidates who promise to (and in the case of President Trump, who has delivered on that promise already) nominate justices who share my feelings on the matter.
Because there's a sense in which our leader is our law.