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by lostapathy
2168 days ago
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If you read the Heller decision, they go back to original intent and the common meaning of the words at the time the 2nd was ratified. This idea that we've only had gun rights since Heller is itself a modern invention. On your automotive analogy - anyone can own a car. I can gift one to my 5 year old and so long as it stays home, he's 100% legal. Driving it is a privilege that's regulated. Likewise, carrying a gun is often regulated as you wish - and beyond reasonable levels in several states. The "gun show loophole" is nonsense. Very few guns are transferred that way, and essentially zero "crime guns" were purchased this way. They were all either acquired via straw purchases (already highly illegal) or completely above board in a state with lax reporting requirements to the background check system. Ironically, the gun industry and gun community are, generally, huge supporters of addressing both of those issues. |
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Not everywhere; in some (many?) states, even cars intended to sit idle on private property must be registered (usually for a lower fee), and you can't put a 5 year old's name on the registration. Regardless, giving your 5 year old a car and saying he "owns" it is laughable.
Your analogy doesn't really make sense, either. You could give your 5 year old a gun to keep in his room, and while that's a terrible idea, it'd be difficult for you to get in trouble for it. Either way, your 5 year old isn't gonna be able to walk into a car dealership and buy a car any more than he could walk into a gun store and buy a gun.
> Likewise, carrying a gun is often regulated as you wish - and beyond reasonable levels in several states.
No state regulates guns as I wish. I won't elaborate much because I doubt we're going to find any form of agreement there. I will say that I support the repeal of 2A (not like that will ever happen), and at the very least I'd like the states to have the power to regulate firearms in whatever ways they see fit.
> This idea that we've only had gun rights since Heller is itself a modern invention.
I don't think anyone's claiming that we didn't have gun rights before 2008. But Heller (and other cases over the last 80? years or so) have narrowed the kinds of restrictions that are considered constitutional. Heller finally taking the position that 2A protects gun ownership regardless of participation in a militia was a big deal as well.