Re: RE: RE: OT: 2nd Amendment poll on Yahoo

From: Marty Galyean (mgalyean@acm.org)
Date: Tue Oct 03 2000 - 22:48:45 EDT


Steve, I think you already realized this, but just in case others were
confused:
There is no Federal law against a law-abiding citizen buying a semi-auto in
their home state and taking to another state. There might be some wrinkly
variations, like a background check etc, and I think there are some rules about
*handguns* being sold to out of state residents. And of course there is the
wonderful tapestry of state laws, my favorite (no sarcasm) is that of CCW
reciprocity where a conceal carry permit from one state is honored in another.
Many states have joined into these agreements and it makes life for many much
more sane. You can bet that thousands of law-abiding CCW permit holders are
legally transporting their semi-auto guns across state lines daily, concealed
or otherwise.

But the bottom line is that the survey was about making semi-auto assault
(whatever 'assault' means this week) weapons completely illegal to manufacture
or own, which given the overwhelming historic precedent of governments and
disarmed populations I, and apparently 53%+ of the US, have a major problem
with. Armed citizens are the foundation of any true democracy and should be
considered the decentralized 4th element that balances the 3 branches of
government (ala Thomas Jefferson). For all of time, governments have only been
as polite as they had to be. The founding fathers knew this:

"Americans have the right and advantage of being armed - unlike the citizens of
other countries whose governments are afraid to trust the people with arms."
--James Madison, The Federalist Papers No. 46 at 243-244.

"I ask, sir, what is the militia? It is the whole people. To disarm the people
is the best and most effectual way to enslave them." George Mason, during
Virginia's Convention to Ratify the Constitution (1788)

"Guard with jealous attention the public liberty. Suspect everyone who
approaches that jewel. Unfortunately, nothing will preserve it but downright
force. Whenever you give up that force, you are ruined." Patrick Henry, during
Virginia's Convention to Ratify the Constitution (1788)

"No free man shall ever be debarred the use of arms." Thomas Jefferson,
Proposed Virginia Constitution (1776).

"A militia, when properly formed, are in fact the people themselves...and
include all men capable of bearing arms." --Richard Henry Lee, Additional
Letters from the Federal Framer (1788) at p. 169

"What, Sir, is the use of a militia? It is to prevent the establishment of a
standing army, the bane of liberty.... Whenever Governments mean to invade the
rights and liberties of the people, they always attempt to destroy the militia,
in order to raise an army upon their ruins."--Rep. Elbridge Gerry of
Massachusetts, spoken during floor debate over the Second Amendment, I Annals
of Congress at p. 750, August 17, 1789.

"That the said Constitution shall never be construed to authorize Congress to
infringe the just liberty of the press or the rights of conscience; or to
prevent the people of The United States who are peaceable citizens from keeping
their own arms..." --Samuel Adams, Debates and Proceedings in the Convention of
the Commonwealth of Massachusetts, at 86-87 (Pierce & Hale, eds., Boston,
1850).

"Congress have no power to disarm the militia. Their swords, and every other
terrible implement of the soldier, are the birthright of an American... The
unlimited power of the sword is not in the hands of either the federal or state
government, but, where I trust in God it will ever remain, in the hands of the
people" --Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788.

"To prohibit a citizen from wearing or carrying a war arm . . . is an
unwarranted restriction upon the constitutional right to keep and bear arms. If
cowardly and dishonorable men sometimes shoot unarmed men with army pistols or
guns, the evil must be prevented by the penitentiary and gallows, and not by a
general deprivation of constitutional privilege." [Wilson v. State, 33 Ark.
557, at 560, 34 Am. Rep. 52, at 54 (1878)]

"Giving money and power to Government is like giving whiskey and car keys to
teenage boys." -- P.J. O'Rourke

Regards,
Marty

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