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  #31 (permalink)  
Old 06-23-2008
MattInFla's Avatar
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by John Drake View Post
I would be disturbed if I didn't realize this admitted overreaction was a reply by police to having people shoot at them before while they were trying to save lives.
I'm sorry. I guess I missed the part where the 4th Amendment allows a blanket waiver for "overreaction".

Quote:
Originally Posted by John Drake View Post
Like it or not, no police dept anywhere is going to 'play fair' with people who are trying to kill them.
Having spent many years in public safety, I understand full well what it is like on the street.

That did not give the governement of New Orleans blanket authority to revoke the 2nd and 4th Amendments.

Quote:
Originally Posted by John Drake View Post
They probably view our paranoia about our guns with amused bemusement until it threatens their lives and then the gloves come off. I may or may not agree with the legality of what they do then but I understand it, and would probably do the same thing in their place.
What?!?!?

The solitary good thing that came out of the blanket trampling of the Constitution by Nagin and company was that many states passed laws making what he did a criminal act.

Quote:
Originally Posted by John Drake View Post
And were I waiting for a helicopter on my rooftop I wouldn't feel at all good about seeing my neighbor, who I know thinks FEMA is a Russian plot, on his along with his entire firearms collection
So your neighbor's constitutional rights are subject to your "good feelings"?

Would you be willing to surrender your rights to make him feel better? Which ones? 1st Amendment? 4th? 5th?

Matt
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  #32 (permalink)  
Old 06-23-2008
John Drake's Avatar
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by EricOKC View Post
Please explain for all of us how registration will do anything to prevent crime or assist police in solving crime.

Remember please, not only will criminals NOT register their firearms (after all, they are criminals), but they are in fact legally exempt from registration requirements.

The reason the NRA and other groups block any attempts by Congress to require registration is it is blatantly unconstitutional.
If you truly believe that to be the NRA's only motive I have this bridge in Brooklyn....

Criminals are "legally exempt"??

"...alright, lets get the registration started"

"Hey, I'm a criminal, see, here's my police record and my thieve's union card."

"Oh..I'm so sorry, you'll be wanting the cop-killer ammo then?"

A criminal who has never been caught IS a law-abiding citizen, at least as far as the govt is concerned. And yes, people will still be able to break the law, as they're able to break any law, but at least we'll be able to TRY to catch them rather than simply picking up the gun they've just killed someone with and giving it back to them.


Brady Center to Prevent Gun Violence

Please at least read one or another of the articles before you call them all lies. And please refrain from mocking Mr Brady's tragic injury, as I've heard Rush Limbaugh do. I might not be able to keep up polite conversation.
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  #33 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

Oh, please. You claim the NRA is a biased source, then quote the Brady folks?

And as far as criminals being exempt, he's right - you cannot criminally penalize a felon for failing to register a firearm.

Matt
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  #34 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by MattLarson View Post
I'm sorry. I guess I missed the part where the 4th Amendment allows a blanket waiver for "overreaction".



Having spent many years in public safety, I understand full well what it is like on the street.

That did not give the governement of New Orleans blanket authority to revoke the 2nd and 4th Amendments.



What?!?!?

The solitary good thing that came out of the blanket trampling of the Constitution by Nagin and company was that many states passed laws making what he did a criminal act.



So your neighbor's constitutional rights are subject to your "good feelings"?

Would you be willing to surrender your rights to make him feel better? Which ones? 1st Amendment? 4th? 5th?

Matt
When they affect my chances of continued survival, damned right they are. And if I ever require rescue from a life and death situation you can search my house or even arrest me w/o counsel, just so long as you get me out of there.

I think you misunderstand me about the police and what they did. I said it was an overreaction and I approve of the legal remedies that were later taken. OTOH, under the circumstances I'd do it myself. Better to be judged by 12 than carried by six, as the saying goes.

We have this strange view in the US that, under certain circumstances, we have the LEGAL ability to resist the police with force and further, that the police then have to respect this "right" of ours to try and kill them. Any small examination of this belief should reveal the utter nonsense this must be, but I am still constantly surprised at the number of people who think police are somehow obligated to respect their 'right' to deprive their children of a father/mother. If you are arrested illegally you can sue later; if you resist, you have still committed a serious crime and expose yourself to legal physical harm.
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  #35 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by John Drake View Post
We have this strange view in the US that, under certain circumstances, we have the LEGAL ability to resist the police with force and further, that the police then have to respect this "right" of ours to try and kill them.
Nowhere did I make any such claim.

Quote:
Originally Posted by John Drake View Post
Any small examination of this belief should reveal the utter nonsense this must be, but I am still constantly surprised at the number of people who think police are somehow obligated to respect their 'right' to deprive their children of a father/mother. If you are arrested illegally you can sue later; if you resist, you have still committed a serious crime and expose yourself to legal physical harm.
The elderly woman who was brutalized on tape made no attack on the police. She was attacked and injured in her own home by agents of the Nagin government.

And these folks suffered absolutely no consequences for what they did.

Matt
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  #36 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by John Drake View Post
When they affect my chances of continued survival, damned right they are. And if I ever require rescue from a life and death situation you can search my house or even arrest me w/o counsel, just so long as you get me out of there.
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
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  #37 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by MattLarson View Post
Oh, please. You claim the NRA is a biased source, then quote the Brady folks?

And as far as criminals being exempt, he's right - you cannot criminally penalize a felon for failing to register a firearm.

Matt
I asked you to read the articles and find fault with their sources, if you can. Even Bush occasionally quotes someone who's truthful.

Also, I said the NRA leadership are liars who aid and abet criminals, however, they can be quite unbiased sometimes.

Please give me a link of some kind explaining how this law without penalties works. (and do you mean because he's not supposed to have the gun and you're penalising him for that instead? that seems somewhat disingenuous IMO. or do you mean he cannot be criminally prosecuted if he already has the weapon, and wouldn't that be a consequence of the fact that we have no way of knowing he has it?)
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  #38 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by John Drake View Post
Please give me a link of some kind explaining how this law without penalties works. (and do you mean because he's not supposed to have the gun and you're penalising him for that instead? that seems somewhat disingenuous IMO. or do you mean he cannot be criminally prosecuted if he already has the weapon, and wouldn't that be a consequence of the fact that we have no way of knowing he has it?)
If a felon is caught with a firearm, he can be criminally penalized for that.

But if that jurisdiction has a mandatory registration law, you cannot penalize the felon for failing to register his unlawfully possessed firearm, because registration would require him to incriminate himself.

Matt
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  #39 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by MattLarson View Post
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin
I think "essential" is the key word here. If my neighbor keeps the helicopter from rescuing us and we both drown neither of us will be free or safe
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  #40 (permalink)  
Old 06-23-2008
John Drake's Avatar
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by MattLarson View Post
If a felon is caught with a firearm, he can be criminally penalized for that.

But if that jurisdiction has a mandatory registration law, you cannot penalize the felon for failing to register his unlawfully possessed firearm, because registration would require him to incriminate himself.

Matt
OIC, interesting, sort of like not being able to prosecute one for perjury when he pleads not guilty and is later convicted. He is still penalized for having the gun.
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  #41 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

Correct. Registry laws with criminal penalties only punish those otherwise innocent citizens who make a mistake (like not renewing in time).

Matt
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  #42 (permalink)  
Old 06-23-2008
John Drake's Avatar
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by MattLarson View Post
Correct. Registry laws with criminal penalties only punish those otherwise innocent citizens who make a mistake (like not renewing in time).

Matt
Criminals are still penalized, however, only with them it's for having the gun at all.

I wasn't aware most gun registrations had expiration dates, doesn't the state have to send a renewal notice?
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  #43 (permalink)  
Old 06-23-2008
MattInFla's Avatar
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

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Originally Posted by John Drake View Post
Criminals are still penalized, however, only with them it's for having the gun at all.

I wasn't aware most gun registrations had expiration dates, doesn't the state have to send a renewal notice?
There was just a case where a politician tried to introduce a bill to pardon his own lapsed registration. I'll go find it.

Matt
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  #44 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

Here it is:

Committee OKs gun registry changes -- chicagotribune.com

There is zero proof gun registration schemes serve to reduce crime. They just interfere with law-abiding citizens ability to defend themselves from predatory felons.

Matt
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  #45 (permalink)  
Old 06-23-2008
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Re: Bloomberg squanders more tax money on another failed frivolous lawsuit

Quote:
Originally Posted by John Drake View Post
Criminals are still penalized, however, only with them it's for having the gun at all.

I wasn't aware most gun registrations had expiration dates, doesn't the state have to send a renewal notice?



thats not universal. no renewals in VA.
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