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Biden's Executive Orders on Gun Control (1 Viewer)

Insein

Footballguy
https://www.google.com/amp/s/nypost.com/2021/04/08/biden-announces-new-executive-orders-on-gun-control/amp/

Surprised this didnt get a thread. It's been awhile since we've had a president openly oppose the Constitution. Most just dance around it but Biden is going right at it. 

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"No amendment to the Constitution is absolute,” Biden maintained, pointing to the famous Supreme Court ruling that you can’t yell fire in a crowded theater as part of the First Amendment’s free speech clause.

“You can’t yell … ‘fire’ in a crowded movie theater and call it freedom of speech. From the very beginning, you couldn’t own any weapon you wanted to own. From the very beginning that the Second Amendment existed, certain people weren’t allowed to have weapons. So the idea is just bizarre to suggest that some of the things we’re recommending are contrary to the Constitution,” he said."

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Right off the bat, both of these are wrong. The fire in a crowded theater line was never a legal decision. It was analogy made during WW1 to defend convicting an anti war protestor of espionage. It was overturned in 1969 stating that inflammatory speech IS protected by the first amendment as long as it isn't a call to violence. So no, yelling fire in a crowded theater is not prohibited by the First amendment. 

Second is that citizens have been allowed to own all kinds of weapons since the beginning. If they could afford it, regular citizens could own canons, rifles and other military grade weaponry during the revolutionary days. Over the years the state laws have been put in place to curtail certain types of weapons and attachments but it is a false assertion that the 2nd amendment never allowed all kinds of weapons for the populace to own. It was about being able to defend one's self not if the government would allow you to defend yourself.

This is the kind of dangerous rhetoric I thought people were against based on the last 4 years. Unilaterally creating executive orders that directly contradict the constitution without even gaining the consent of Congress to do so is the kind of thing we heard was really bad right? So what changed?

 
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https://www.google.com/amp/s/nypost.com/2021/04/08/biden-announces-new-executive-orders-on-gun-control/amp/

Surprised this didnt get a thread. It's been awhile since we've had a president openly oppose the Constitution. Most just dance around it but Biden is going right at it. 

-----------------------------------------------------------------

"No amendment to the Constitution is absolute,” Biden maintained, pointing to the famous Supreme Court ruling that you can’t yell fire in a crowded theater as part of the First Amendment’s free speech clause.

“You can’t yell … ‘fire’ in a crowded movie theater and call it freedom of speech. From the very beginning, you couldn’t own any weapon you wanted to own. From the very beginning that the Second Amendment existed, certain people weren’t allowed to have weapons. So the idea is just bizarre to suggest that some of the things we’re recommending are contrary to the Constitution,” he said."

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Right off the bat, both of these are wrong. The fire in a crowded theater line was never a legal decision. It was analogy made during WW1 to defend convicting an anti war protestor of espionage. It was overturned in 1969 stating that inflammatory speech IS protected by the first amendment as long as it isn't a call to violence. So no, yelling fire in a crowded theater is not prohibited by the First amendment. 

Second is that citizens have been allowed to own all kinds of weapons since the beginning. If they could afford it, regular citizens could own canons, rifles and other military grade weaponry during the revolutionary days. Over the years the state laws have been put in place to curtail certain types of weapons and attachments but it is a false assertion that the 2nd amendment never allowed all kinds of weapons for the populace to own. It was about being able to defend one's self not if the government would allow you to defend yourself.

This is the kind of dangerous rhetoric I thought people were against based on the last 4 years. Unilaterally creating executive orders that directly contradict the constitution without even gaining the consent of Congress to do so is the kind of thing we heard was really bad right? So what changed?
To be fair i can't yell bomb on a plane either so the intent stands on the free speech issue

 
I think it was Scalia in the Heller decision who said no amendment to the Constitution is absolute. 
 

In any case I’m not clear what Biden has done that would violate the Constitution. Please elaborate. 

 
To be fair i can't yell bomb on a plane either so the intent stands on the free speech issue
One could interpret yelling bomb as a call to violence made by the person towards a group of people. I personally feel that the person is still within their right to say it and if determined that there was no bomb be free to go but I understand why they get arrested initially.

 
One could interpret yelling bomb as a call to violence made by the person towards a group of people. I personally feel that the person is still within their right to say it and if determined that there was no bomb be free to go but I understand why they get arrested initially.
Well I’m glad you’re not on the Supreme Court then. 
 

The second part of your argument, about the right to own any weapon you choose, is also wrong. Or would you be OK with it if your next  door neighbor decides to build a nuclear bomb in his backyard? 

 
Well I’m glad you’re not on the Supreme Court then. 
 

The second part of your argument, about the right to own any weapon you choose, is also wrong. Or would you be OK with it if your next  door neighbor decides to build a nuclear bomb in his backyard? 
Do we have a Constitutional Amendment on the right to have Atomic Bombs?

 
I think it was Scalia in the Heller decision who said no amendment to the Constitution is absolute. 
 

In any case I’m not clear what Biden has done that would violate the Constitution. Please elaborate. 
Further infringement on the people's right to bear arms. The means of which he did it this time is really what stood out though. Bypassing Congress and just going right at the Constitution with the pen. I can't imagine this holding up in the Supreme Court and many states have already said they will ignore the orders. 

Basically just more deliberate attempts to divide our country wherever he can. 

 
Well I’m glad you’re not on the Supreme Court then. 
 

The second part of your argument, about the right to own any weapon you choose, is also wrong. Or would you be OK with it if your next  door neighbor decides to build a nuclear bomb in his backyard? 
I doubt my neighbor could afford to buy one from the government. They like to hoard all those for themselves. Theoretically though, sure. If he had the $4b-$10b to buy a nuke, have at it. Doubt the government would try to storm his house and take his belongings with that threat. 

 
Further infringement on the people's right to bear arms. The means of which he did it this time is really what stood out though. Bypassing Congress and just going right at the Constitution with the pen. I can't imagine this holding up in the Supreme Court and many states have already said they will ignore the orders. 

Basically just more deliberate attempts to divide our country wherever he can. 
What President Biden did yesterday is make “ghost guns”- weapons not made by gun manufacturers, without registration numbers- illegal to own. This is nothing new. In several states they’ve illegal to own already and have been for years. Law enforcement heavily supports this move as these weapons are impossible to trace when used in crimes. Please explain how this move infringes on anyone’s rights, or divides the country. I don’t get it. 

 
AR 15 is a gun. They had guns back when they made the Constitution. 
But not that kind. 
 

We don’t really need to argue this point. The Supreme Court has already ruled that making certain guns illegal is not a violation of the Constitution. Even Scalia agreed on that issue. It’s a settled question. 

 
There is at least one Constitutional Amendment that has been repealed, and while I highly doubt that’s the intent here, there are nuances that should be considered.

 
What President Biden did yesterday is make “ghost guns”- weapons not made by gun manufacturers, without registration numbers- illegal to own. This is nothing new. In several states they’ve illegal to own already and have been for years. Law enforcement heavily supports this move as these weapons are impossible to trace when used in crimes. Please explain how this move infringes on anyone’s rights, or divides the country. I don’t get it. 
Ghost guns are such a negligible amount of weapons used in crimes that it hardly requires an executive order for a federal ban. Let each state handle it or get Congress to pass a law for it if you feel it's that necessary. 

 
“Like most rights, the right secured by the Second Amendment is not unlimited. [It is] not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

JUSTICE ANTONIN SCALIADISTRICT OF COLUMBIA V. HELLER, 2008

 
In McDonald v. City of Chicago, the Supreme Court held in a 5–4 ruling that the Second Amendment applies to state and local governments in addition to the federal government. While Chicago’s complete handgun ban was overturned, the Court reiterated in McDonald that a wide variety of state and local gun laws are constitutionally permissible.

The McDonald court stated that: “It is important to keep in mind that Heller, while striking down a law that prohibited the possession of handguns in the home, recognized that the right to keep and bear arms is not ‘a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.’”

 
What President Biden did yesterday is make “ghost guns”- weapons not made by gun manufacturers, without registration numbers- illegal to own. This is nothing new. In several states they’ve illegal to own already and have been for years. Law enforcement heavily supports this move as these weapons are impossible to trace when used in crimes. Please explain how this move infringes on anyone’s rights, or divides the country. I don’t get it. 
And to claim he is openly opposing the constitution not a great way to start dialogue either.

 
Ghost guns are such a negligible amount of weapons used in crimes that it hardly requires an executive order for a federal ban. Let each state handle it or get Congress to pass a law for it if you feel it's that necessary. 
I agree that Id rather see this through congress.  Would it get any GOP support?

 
What President Biden did yesterday is make “ghost guns”- weapons not made by gun manufacturers, without registration numbers- illegal to own. This is nothing new. In several states they’ve illegal to own already and have been for years. Law enforcement heavily supports this move as these weapons are impossible to trace when used in crimes. Please explain how this move infringes on anyone’s rights, or divides the country. I don’t get it. 
Are these things like 3D printed guns?

 
“Like most rights, the right secured by the Second Amendment is not unlimited. [It is] not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

JUSTICE ANTONIN SCALIADISTRICT OF COLUMBIA V. HELLER, 2008


In McDonald v. City of Chicago, the Supreme Court held in a 5–4 ruling that the Second Amendment applies to state and local governments in addition to the federal government. While Chicago’s complete handgun ban was overturned, the Court reiterated in McDonald that a wide variety of state and local gun laws are constitutionally permissible.

The McDonald court stated that: “It is important to keep in mind that Heller, while striking down a law that prohibited the possession of handguns in the home, recognized that the right to keep and bear arms is not ‘a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.’”
Exactly.  We were talking in the shootings thread about the Connecticut and Maryland bans and how they were upheld and not seen as unconstitutional.  

 
I’m a little confused about if the OP is saying: 1) the restrictions on guns are unconstitutional because they violate the second amendment; or 2) The use of an executive order was unconstitutional because it violates separation of powers; or 3) something else.

 
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Exactly.  We were talking in the shootings thread about the Connecticut and Maryland bans and how they were upheld and not seen as unconstitutional.  
I try to stay out of the gun control threads because everyone's dug in. But I do see a fundamental difference between Conservatives and Liberals when it comes to this issue. I see it as Conservatives interpret "shall not be infringed" as "I can have any gun I want". Whereas Liberals say fine, you can have guns, just not these certain types.

Scalia agrees with the my defined Liberal view (far-left extremist that he was).

 
Discussion of free speech not extending to yelling fire in a theater is from an Oliver Wendell Holmes Supreme Court decision.  
 

we have federal laws prohibiting weapons of war including automatic weapons.

original post is wrong on both counts.

 
“Like most rights, the right secured by the Second Amendment is not unlimited. [It is] not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

JUSTICE ANTONIN SCALIADISTRICT OF COLUMBIA V. HELLER, 2008
His liberalism is really showing there.  Trump wouldn't have appointed him.  

 
I try to stay out of the gun control threads because everyone's dug in. But I do see a fundamental difference between Conservatives and Liberals when it comes to this issue. I see it as Conservatives interpret "shall not be infringed" as "I can have any gun I want". Whereas Liberals say fine, you can have guns, just not these certain types.

Scalia agrees with the my defined Liberal view (far-left extremist that he was).
Yeah, that pretty much sums up that thread.  

 
Huh?  Seems like you're taking some liberties here.  You ever heard of nuance?  Context?  Anything like that?
Nah. That was 2008.  Much like Ronald Reagan would be very much to the Left of todays Trump Republican Party and be seen as a Romney at best....... if Scalia was laying that kind of rhetoric down in a vetting today to see if he'd be an acceptable SCOTUS Judge.....the Trump Republican Party would tell him "Thanks...no Thanks".

 
Nah. That was 2008.  Much like Ronald Reagan would be very much to the Left of todays Trump Republican Party and be seen as a Romney at best....... if Scalia was laying that kind of rhetoric down in a vetting today to see if he'd be an acceptable SCOTUS Judge.....the Trump Republican Party would tell him "Thanks...no Thanks".
I'm a conservative and realize that the 2nd means we can't have tanks, grenade launchers and rocket launchers.  Who the f@ck is arguing for that?

 
“Like most rights, the right secured by the Second Amendment is not unlimited. [It is] not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

JUSTICE ANTONIN SCALIADISTRICT OF COLUMBIA V. HELLER, 2008


I am sure smarter people than me have tried (and failed) - but I wonder if the best approach for gun control advocates is to go in the opposite direction.

One of the cardinal rules of any statutory (or constitutional) interpretation is that courts may only provide interpretation when the language is ambiguous - and thus open to interpretation.  When the language is clear - the plain meaning of the language prevails.

If you take the 2nd amendment on its face - I would focus on this: "the right of the people to keep and bear Arms, shall not be infringed."

Certainly we can argue about, and thus is open to interpretation, the term "Arms".  But, having decided that, "shall not be infringed" is straightforward, unambiguous, and not subject to interpretation. I would take the position that the federal government (and state governments) can not, in any way shape or form, infringe  upon a persons' right to possess such arms.  So, no restrictions on felons, no restrictions on mental health, no restrictions on location, no restrictions on concealed carry, no background checks, no IDs, no age limits, etc.

The idea would be to put pressure on enough people, that the 2nd Amendment - under those rules - would not be acceptable to a majority of Americans - forcing a repeal, and new Amendment - that would provide more delineated restrictions on weapon ownership.

 
Nah. That was 2008.  Much like Ronald Reagan would be very much to the Left of todays Trump Republican Party and be seen as a Romney at best....... if Scalia was laying that kind of rhetoric down in a vetting today to see if he'd be an acceptable SCOTUS Judge.....the Trump Republican Party would tell him "Thanks...no Thanks".
Ronald Reagan wanted complete open border with Mexico, supported Clinton's ban on assault weapons, and repealed open carry of loaded handguns. No way he would get through a primary with today's GOP.

 
You think that's bad, you should see how far left the DNC has moved.  Stop with ridiculous statements like this unless you're going to own it on your side.
Different subject. We're talking about Biden's EOs, which used to be in line with the GOP's views.
And the left hasn't proposed a single thing the rest of the developed world doesn't already have.

 
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