thegreatdivide wrote on Dec 6
th, 2024 at 4:27pm:
Sir Eoin O Fada wrote on Dec 6
th, 2024 at 4:07pm:
thegreatdivide wrote on Dec 6
th, 2024 at 11:36am:
Sir Eoin O Fada wrote on Dec 5
th, 2024 at 9:13pm:
‘’ So the 2nd permits you to use military grade weapons for 'self-defence'. See the problem?’’
No, because military grade weapons are generally inferior and much less powerful than civilian firearms.
Ok got it
But I see you have abandoned defending the notion of "rights".
eg, re the "right" to self-defence:
You said someone who (unlawfully) theatens your life, forfeits his "right to life".
Fair enough, but a jury will want to consider WHY someone sought to threaten your life.
Was his action a crimimal act,
as defined in law, or were there extenuating circumstances?
So we get back to
man-made law as the basis of "rights". Hopefully, that law is based on 'morality, justice and fairness'....
What causes individuals to commit crime?
Why would a jury h/ave any problems when the attack was not lawful?
Because of the concept of reasonable force, in law:
"the minimum amount of force necessary to prevent harm or crime, protect oneself or property, or conduct a lawful arrest or prevent an escape".
A jury will of course become involved if there is a dead body....
Quote: On military grade weapons; I presume that you mean current ones?
Yes, that's why the 18th century 2nd A is obsolete, apart from the fact frontier citizens don't need to protect themselves from marauding Indians, or the army of the British King, in our time with professional standing armies.
Ok, so it’d be alright to have the out of date military weapons of bygone days?
What;’s the cut off datee?
Locally, if in fear of one’s life using lethal force iis justified.
If you believe that an attacker plans to kill you then stopping him by any means is justified.
Even to using a firearm, even though the bright brains of the Government, in the National Firearms Agreement said that a firearm must never be used for self defence.
Had they no knowledge of Court decisions?
Bye the way, the Second Amendment does not say anything about firearms in particular it refers to ‘arms’ which may be firearms, swords knives and as the Founding Fathers had knowledge of machine guns, fully automatic.guns and rifles multi shot pistols.
They also knew of and some of them had seen breech loading firearms and cartridges, but be that as it may, the Second Amendment merely sets up the Militia and secures for it a source of arms based on the existing right of the people to possess them.
This ‘’. . .right of the people. . .’’ Was given the force of law by being included in the Bill of Rights.