Does anyone really "need" freedom?

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I was inspired to start this thread because of a comment someone made in the gun thread below regarding the question why anyone needs a particular legal item. In this case, a rifle.

It got me thinking of the unique relationship citizens in America have with their government (the first in the modern era to arrive at government by, for, and of the people) and the very nature of guaranteed freedoms. Does, for instance, the burden of an individual's freedom rest on justification for the "need" of that freedom? Why, for instance, does one "need" the freedom to express an artistic opinion that offends others? Why does one "need" the freedom to own an automobile that exceeds the speed limit? Why does one "need" anything that serves a purpose other than to serve the nation?

To me, the answer is simple. That is that the question itself is not only meaningless, it is a dangerous distortion of the nature of a citizen's relationship with his government. It is not up to the citizen to justify his "need", but rather the government to express a need to restrict.

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Quote:

That is that the question itself is not only meaningless, it is a dangerous distortion of the nature of a citizen's relationship with his government. It is not up to the citizen to justify his "need", but rather the government to express a need to restrict.

So, is there any need at all to restrict the conditions of ownership of deadly weapons? Is that question meaningless? Where do we draw the line for public safety, balancing individual desires with collective responsibilities?

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Robear wrote:
Quote:

That is that the question itself is not only meaningless, it is a dangerous distortion of the nature of a citizen's relationship with his government. It is not up to the citizen to justify his "need", but rather the government to express a need to restrict.

So, is there any need at all to restrict the conditions of ownership of deadly weapons? Is that question meaningless? Where do we draw the line for public safety, balancing individual desires with collective responsibilities?

Certainly, that is a fair question. But it is altogether a completely different question from the original one that inspired this thread.

Does our society have a compelling reason to restrict the ownership of automobiles that exceed a particular speed? Possibly. Does our society have a compelling reason to restrict the type of speech that might damage someone's reputation or inspire others to violence? Entirely possible. But neither of those questions begin with "why do you need the freedom to....".

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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I would argue they do. "Why do you need to drive at 120mph on public roads?" "Why do you need the ability to lie about someone in order to damage their reputation, and be protected afterwards?"

I think the question goes to the core of where freedoms end and responsibilities begin.

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I just said this over on Metafilter a few days ago, but I'll repeat it here: FDR first championed the ideas of 'freedom from want' and 'freedom from fear', which aren't freedoms at all. He hijacked the word. Freedom from want means the government should give you stuff; freedom from fear means it should shut people up you don't like. Both ideas are about putting other people in chains for your benefit.

You should have many 'freedoms to', but very few, if any, 'freedoms from'.

What often seems to be forgotten these days, though, is that with rights come responsibilities. Everyone seems to want the former without the latter.

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In the future days, which we seek to make secure, we look forward to a world founded upon four essential human freedoms.

The first is freedom of speech and expression--everywhere in the world.

The second is freedom of every person to worship God in his own way--everywhere in the world.

The third is freedom from want--which, translated into universal terms, means economic understandings which will secure to every nation a healthy peacetime life for its inhabitants-everywhere in the world.

The fourth is freedom from fear--which, translated into world terms, means a world-wide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighbor--anywhere in the world.

That is no vision of a distant millennium. It is a definite basis for a kind of world attainable in our own time and generation. That kind of world is the very antithesis of the so-called new order of tyranny which the dictators seek to create with the crash of a bomb.

There's nothing in there that requires government handouts or shutting up people whose speech you don't like, Malor. These four freedoms are in fact the core of modern liberalism.

Whether they've been properly enacted is another issue.

Edit - note that amendments 3, 4, 5 and 8 of the Bill of Rights are "freedom from" amendments - freedom from involuntary military quartering, unreasonable search and seizures, legal jeopardy and cruel punishment.

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Robear wrote:
I would argue they do. "Why do you need to drive at 120mph on public roads?" "Why do you need the ability to lie about someone in order to damage their reputation, and be protected afterwards?"

I think the question goes to the core of where freedoms end and responsibilities begin.

And both of those questions above are very different questions than the ones on gun ownership. You asked "why do you need to drive at 120mph on public roads?". We both own vehicles that are entirely capable of driving that fast on public roads, but neither of us does. Both of us possess the ability to slander another individual, but neither of us does so -- at least deliberately . Neither of those questions assumes a particular behavior and restricts its ability at a point before intention is determined.

I agree that freedoms end where responsibilities begin, but in most cases, we make the restriction of freedom one that requires a compelling societal need.

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Why, though, is it illegal to do either? I believe that's germaine, because it does restrict ability before intention. For example, a policeman, on seeing either behavior, can legally act to shut it down.

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Robear wrote:
Why, though, is it illegal to do either? I believe that's germaine, because it does restrict ability before intention. For example, a policeman, on seeing either behavior, can legally act to shut it down.

And it is, similarly, illegal to assault someone using a firearm. It is no trivial matter either. I am told that law enforcement professionals are particularly grumpy about people committing crimes while armed with cordite powered kinetic energy weapons.

Here's a question. Assume two drivers are caught driving faster than the speed limit the same night, on the same stretch of road, and operating at the same speed. By all accounts,they endangered the same number of bystanders. There was, however, one important difference: one was driving an SUV and the other a compact car. Should the driver of the 6500 pound vehicle be charged more severely than the one driving the 2300 Honda Fit? Should American drivers be prohibited from owning vehicles that can exceed the speed limit?

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Probably yes, he should be charged more severely.

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Gorilla.800.lbs wrote:
Probably yes, he should be charged more severely.

How about if he was driving a vehicle that is the same gross weight, but capable of greater speed? Or if one had an automatic as opposed to manual transmission?

edit: or better yet: "looked" like it could go faster, but couldn't?

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Sorry, not trying to side-track your argument. What I'm getting at is that banning a capability of firearms is the same as banning a capability of automobiles. My point being that before we can say "why not?" we need to look at how we draw the line between personal desires and behavior, and responsibility to others.

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Or, better yet:

a. a kids hacks his high school's server
b. a kid hacks up an unauthorized access into a DoD intranet

(with no actual damage taking place in either case).

Who, if anyone at all, should be prosecuted more severely?

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Paleocon wrote:
Gorilla.800.lbs wrote:
Probably yes, he should be charged more severely.

How about if he was driving a vehicle that is the same gross weight, but capable of greater speed? Or if one had an automatic as opposed to manual transmission?

edit: or better yet: "looked" like it could go faster, but couldn't?

I take it you getting at the point of "Well, where is the limit? Once you take option A away, what is to stop them from taking Option B away." While I understand what you are getting at and while I'm not advocating any one position about gun control either way, at some point a line has to be drawn. And no matter where that line is drawn, you will always be able to ask "Well what about C". Whether this line is only allowing citizens to have single fire pistols or full blown machine guns, the only way you would not be able to ask these questions is if either no citizens were allowed to have guns or there were no limits on the weaponry a person could have. Obviously, I think we can both agree that neither of those are acceptable solutions to the question. A line must be drawn somewhere on what is and isn't allowed. I don't think asking the question "What are they going to take away next?" is an acceptable argument.

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Tkyl wrote:
Paleocon wrote:
Gorilla.800.lbs wrote:
Probably yes, he should be charged more severely.

How about if he was driving a vehicle that is the same gross weight, but capable of greater speed? Or if one had an automatic as opposed to manual transmission?

edit: or better yet: "looked" like it could go faster, but couldn't?

I take it you getting at the point of "Well, where is the limit? Once you take option A away, what is to stop them from taking Option B away." While I understand what you are getting at and while I'm not advocating any one position about gun control either way, at some point a line has to be drawn. And no matter where that line is drawn, you will always be able to ask "Well what about C". Whether this line is only allowing citizens to have single fire pistols or full blown machine guns, the only way you would not be able to ask these questions is if either no citizens were allowed to have guns or there were no limits on the weaponry a person could have. Obviously, I think we can both agree that neither of those are acceptable solutions to the question. A line must be drawn somewhere on what is and isn't allowed. I don't think asking the question "What are they going to take away next?" is an acceptable argument.

But there IS a mechanism that has worked for decades to determine where to draw the line. It is in the calculation of actual harm. We determined, a while back, that leaded paint had a true and compelling actual harm to our society and restricted its use. Though people are certainly capable of murdering others with scissors or compound hunting bows, most people generally do not. And though we restrict the context in which one can carry or use them, we do not make either illegal or make that ownership contingent on "need".

There has been precious little actual harm demonstrated in the legal ownership of sporting firearms. There has been a lot of propaganda that has been largely refuted and resurrected by folks with clearly political agendas, but the inescapable truth is that legally owned firearms are less dangerous than bathtubs or swimming pools (neither of which one needs to demonstrate "need" in order to own).

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Paleocon wrote:
Tkyl wrote:
Paleocon wrote:
Gorilla.800.lbs wrote:
Probably yes, he should be charged more severely.

How about if he was driving a vehicle that is the same gross weight, but capable of greater speed? Or if one had an automatic as opposed to manual transmission?

edit: or better yet: "looked" like it could go faster, but couldn't?

I take it you getting at the point of "Well, where is the limit? Once you take option A away, what is to stop them from taking Option B away." While I understand what you are getting at and while I'm not advocating any one position about gun control either way, at some point a line has to be drawn. And no matter where that line is drawn, you will always be able to ask "Well what about C". Whether this line is only allowing citizens to have single fire pistols or full blown machine guns, the only way you would not be able to ask these questions is if either no citizens were allowed to have guns or there were no limits on the weaponry a person could have. Obviously, I think we can both agree that neither of those are acceptable solutions to the question. A line must be drawn somewhere on what is and isn't allowed. I don't think asking the question "What are they going to take away next?" is an acceptable argument.

But there IS a mechanism that has worked for decades to determine where to draw the line. It is in the calculation of actual harm. We determined, a while back, that leaded paint had a true and compelling actual harm to our society and restricted its use. Though people are certainly capable of murdering others with scissors or compound hunting bows, most people generally do not. And though we restrict the context in which one can carry or use them, we do not make either illegal or make that ownership contingent on "need".

There has been precious little actual harm demonstrated in the legal ownership of sporting firearms. There has been a lot of propaganda that has been largely refuted and resurrected by folks with clearly political agendas, but the inescapable truth is that legally owned firearms are less dangerous than bathtubs or swimming pools (neither of which one needs to demonstrate "need" in order to own).

I'm not debating that issue. I was just merely pointing out that the argument you were using of "Well, what will they take away next?" is not a valid argument for determining gun laws. If someone can show data supporting the "need" to restrict ownership of firearms, then there should be some sort of laws put in place to restrict their access. However, if its shown that legally owned firearms are not as dangerous as propaganda would lead us to believe, then maybe gun control shouldn't be as harsh. But simply stating something should not be taken away because of the fear of losing other freedoms will not help your argument.

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Tkyl wrote:

I'm not debating that issue. I was just merely pointing out that the argument you were using of "Well, what will they take away next?" is not a valid argument for determining gun laws. If someone can show data supporting the "need" to restrict ownership of firearms, then there should be some sort of laws put in place to restrict their access. However, if its shown that legally owned firearms are not as dangerous as propaganda would lead us to believe, then maybe gun control shouldn't be as harsh. But simply stating something should not be taken away because of the fear of losing other freedoms will not help your argument.

My point in bringing that up was not to go on the slippery slope argument, but rather to illustrate how little actual logic is used in the governance of firearms laws. The "Assault Weapon Ban" that hopliphobes championed was entirely a ban on cosmetic features. It is fair to say that it made not a single American safer or prevented a single crime.

It is distressing that the push for laws seems to be driven almost entirely from folks who hold complete ignorance of firearms as some sort of badge of honor (eg: the Brady folks) and their legislation demonstrates this ignorance AMPLY.

This is what happens when you start with the question "why do you need a flash suppressor/box magazine/pistol grip?" and not "What harm is society suffering and what is the proximal cause?".

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Robear wrote:

Edit - note that amendments 3, 4, 5 and 8 of the Bill of Rights are "freedom from" amendments - freedom from involuntary military quartering, unreasonable search and seizures, legal jeopardy and cruel punishment.

Yes and note that the actions being restricted are the governments actions, not that of the citizen.
As for the 120 MPH on public roads, you are legally allowed to go 120 MPH on private roads, which there is a decent likelyhood that you would be able to drive on at some point. But a better question would be, why do you as a citizen need to drive at all? Why do you feel the need to bear and raise children? Why do you feel the need to not be owned by another human?

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Paleocon wrote:
My point in bringing that up was not to go on the slippery slope argument, but rather to illustrate how little actual logic is used in the governance of firearms laws. The "Assault Weapon Ban" that hopliphobes championed was entirely a ban on cosmetic features. It is fair to say that it made not a single American safer or prevented a single crime.

It is distressing that the push for laws seems to be driven almost entirely from folks who hold complete ignorance of firearms as some sort of badge of honor (eg: the Brady folks) and their legislation demonstrates this ignorance AMPLY.

This is what happens when you start with the question "why do you need a flash suppressor/box magazine/pistol grip?" and not "What harm is society suffering and what is the proximal cause?".

In that case, I agree with you completely.

However, I would like to ask the question, "What is your benefit in having a flash suppressor / box magazine / pistol grip?" I'm truly curious. When does it go from something a law abiding citizen can find a use for, to something that will only really be useful when used against other humans. Maybe the flash suppressor and other equipment you listed has perfectly valid uses. But at some point, something will no longer really be useful to you for hunting or target practice and is just about "having a bigger gun".

Should you still have the freedom to have such items?

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Tkyl wrote:
Paleocon wrote:
My point in bringing that up was not to go on the slippery slope argument, but rather to illustrate how little actual logic is used in the governance of firearms laws. The "Assault Weapon Ban" that hopliphobes championed was entirely a ban on cosmetic features. It is fair to say that it made not a single American safer or prevented a single crime.

It is distressing that the push for laws seems to be driven almost entirely from folks who hold complete ignorance of firearms as some sort of badge of honor (eg: the Brady folks) and their legislation demonstrates this ignorance AMPLY.

This is what happens when you start with the question "why do you need a flash suppressor/box magazine/pistol grip?" and not "What harm is society suffering and what is the proximal cause?".

In that case, I agree with you completely.

However, I would like to ask the question, "What is your benefit in having a flash suppressor / box magazine / pistol grip?" I'm truly curious. When does it go from something a law abiding citizen can find a use for, to something that will only really be useful when used against other humans. Maybe the flash suppressor and other equipment you listed has perfectly valid uses. But at some point, something will no longer really be useful to you for hunting or target practice and is just about "having a bigger gun".

Should you still have the freedom to have such items?

Once again, I find this similar to the argument "why do you need a spoiler or airdam?". Neither makes your automobile any safer to operate and gives the appearance of a vehicle capable of violating speed limit laws (whether true or false). In the end, it is not a question that should begin the conversation of reasonable restriction. If it could be demonstrated that spoilers and/or airdams were direct contributing to a statistical increase in vehicular deaths, they should absolutely be regulated. This line of reasoning brought about seat belt and automobile safety laws. Unfortunately, that isn't the thinking or motivation behind gun laws.

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Without freedom of speech, I couldn't tell people to go f**k themselves. And that would make for a very sad me.

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dhelor wrote:
Without freedom of speech, I couldn't tell people to go f**k themselves. And that would make for a very sad me.

Yes, but why do you "need" to feel any other way?

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Paleocon wrote:
Unfortunately, that isn't the thinking or motivation behind gun laws.

Hmm... public safety isn't the thinking or motivation behind gun laws? So because of weak wording on one particular ban on assault weapons the entire concept of gun laws is flawed? Isn't that throwing the baby out with the placenta?

So how would you word a more acceptable parameter list for a weapon that shouldn't be in general distribution? And don't give me that "responsible gun-owner" line... Walmart sells guns. Walmart. That means any yahoo with a credit card and valid ID can walk out with a weapon. So... what's the reasonable amount of firepower you want your average highschooler to get his hands on legally?

Put it in ironclad terms. No loopholes, no 'hidden' features. A simple set of guidelines that law enforcement and the legal system can use to end this confusion over what does, and doesn't constitute an illegal weapon. You can probably guess the intent of the people who wrote the current laws, so keep that as your guiding principle. What did they miss? How did they err? What NON-COSMETIC features should they have targeted to keep TRUE Assault Weapons out of the hands of young, angry, short-sighted citizens?

Politely rude. Briskly vague. Firmly uninformative.

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Paleocon wrote:
dhelor wrote:
Without freedom of speech, I couldn't tell people to go f**k themselves. And that would make for a very sad me.

Yes, but why do you "need" to feel any other way?

It's a medical condition. If I don't tell someone to go f**k themselves at least once a day, I'll die. And does the governement really want my death on their conscience (assuming they have one)?

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Paleocon wrote:
Once again, I find this similar to the argument "why do you need a spoiler or airdam?". Neither makes your automobile any safer to operate and gives the appearance of a vehicle capable of violating speed limit laws (whether true or false). In the end, it is not a question that should begin the conversation of reasonable restriction. If it could be demonstrated that spoilers and/or airdams were direct contributing to a statistical increase in vehicular deaths, they should absolutely be regulated. This line of reasoning brought about seat belt and automobile safety laws. Unfortunately, that isn't the thinking or motivation behind gun laws.

But there is one very fundamental difference. A spoiler is made to increase the rear drag of a car at high speeds (correct me if I'm using the wrong terms, I'm not a car whiz). Basically, it increases the performance of a car. While that car might go faster, increasing the likely hood of getting into a crash and possibly killing people, killing people is not what it is made for. Sure, if something shows that a particular part for a car increases the statistical likely hood of vehicular deaths, definitely throw some regulations on it.

But what is the purpose of a gun? To kill things. Now you might only take your gun out to shoot on the range, but that still doesn't negate the fact that the gun is made to kill things, whether that be animals or other people. And I believe that it is because of this that guns fall under a different category when it comes to regulations.

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Rezzy wrote:
Paleocon wrote:
Unfortunately, that isn't the thinking or motivation behind gun laws.

And don't give me that "responsible gun-owner" line... Walmart sells guns. Walmart. That means any yahoo with a credit card and valid ID can walk out with a weapon...

... who submits to and passes a background check.

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Staats wrote:
Rezzy wrote:
Paleocon wrote:
Unfortunately, that isn't the thinking or motivation behind gun laws.

And don't give me that "responsible gun-owner" line... Walmart sells guns. Walmart. That means any yahoo with a credit card and valid ID can walk out with a weapon...

... who submits to and passes a background check.


... Thanks to existing gun laws. CLEARLY it's time to scrap those inefficient, ineffective transgressions on our freedoms! MOUNT UP!

Politely rude. Briskly vague. Firmly uninformative.

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We're getting sidetracked, but I feel this needs addressed.

Quote:
But what is the purpose of a gun? To kill things. Now you might only take your gun out to shoot on the range, but that still doesn't negate the fact that the gun is made to kill things, whether that be animals or other people. And I believe that it is because of this that guns fall under a different category when it comes to regulations.

The purpose of MY guns is to give me hours of safe, responsible recreation. This is the purpose of the vast majority of guns in the ownership of the sporting community. This is also true of bows in the ownership of the sport archery community and javelins in the hands of track and field athletes. The tired straw man that the "purpose of guns is to kill" does zero intellectual work and provides a false premise from which to arrive at a false conclusion.

Quote:
Hmm... public safety isn't the thinking or motivation behind gun laws? So because of weak wording on one particular ban on assault weapons the entire concept of gun laws is flawed? Isn't that throwing the baby out with the placenta?

If it is the motivation, the methods and steps the gungrabbing community have taken are pretty misguided and hamfisted. As I have mentioned before, it is pretty inescapable that the "assault weapon ban" did not save a single life. If anything, it created an entire market in "post ban" rifles and vastly expanded the shooting community who purchased "pre ban" rifles due to the panic created by the idea that the government could actually wield such arbitrary power.

The purpose of gun laws should be the same as other product laws. Ensure that guns on the market are free from defects, traceable to users via serial numbers and registration, and that users demonstrate competence and the absence of a criminal record. Those seem very reasonable to me. Banning a class of firearms because they "look scary", otoh, strikes me as less motivated by public safety and more by ignorance and meglomania.

There is only an up or down--up to a man's age-old dream, the ultimate in individual freedom consistent with law and order--or down to the ant heap totalitarianism,... those who would trade our freedom for security have embarked on this downward course.

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Location: Germany

This reminds me of a German law passed after the high school massacre in Erfurt.
They banned pump action shot guns. Why? Because the guy who killed all these people was wielding one. As if this wasn't incredible enough I have to add that he didn't even fire it once, he only used his handgun.
Sometimes I wonder...

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There is no such thing as 'rights' or 'freedoms' in the manner that are being talked about here. We have the right to life, liberty, and the pursuit of happiness, but what happens if someone takes my life away? It's the government that protects it, not some mystical force of automatic retribution.

Rights and Freedoms are just points on which we all agree to base our society. It's just an expression of the basic morals within our culture. In the USA, it is blessedly hard for small changes in culture to change those rules. But if the basic agreement that formerly supported that freedom no longer exists, neither does the freedom, and it will eventually go away. Rightly or wrongly (from an individuals standpoint).

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Paleocon wrote:
The purpose of MY guns is to give me hours of safe, responsible recreation. This is the purpose of the vast majority of guns in the ownership of the sporting community. This is also true of bows in the ownership of the sport archery community and javelins in the hands of track and field athletes. The tired straw man that the "purpose of guns is to kill" does zero intellectual work and provides a false premise from which to arrive at a false conclusion.

I'm glad that you (and the vast majority of gun owners) use the gun simply for recreation, but that still doesn't change the fact that the purpose of a gun is to kill things.

Ok, so do you believe people should be allowed to own an atomic bomb? I know, an extreme example, but it illustrates my point. What if someone had no desire to use the bomb for destruction, he just likes how it looks and uses it for decoration in his house. Does that make it ok? I'm assuming at this point you're most likely laughing at me, asking yourself, "Is this guy serious?" But think about it, its the same general principle. At some point, the potential harm the weapon could do far out weighs any "recreational" use the weapon could serve to the owner. Somewhere a line must be drawn indicating what society and the government feel will balance an owner's use of the weapon versus the possible harm that could be done.

Just because you would never use a weapon on another person, does not mean no one else would as well.

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