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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMaybe We Could Make It Illegal To Sell Guns Anymore
I was just wondering if it would pass constitutional muster if we stopped the problem at the source. Could we make it illegal for gun makers to sell guns in the U.S.? We could let people keep the guns they have, but disallow the selling of guns, such as in pawn shops and gun shows. There are about 300 million guns in America already. Do we really need more?
GGJohn
(9,951 posts)it would be a violation of the 2A.
LuvNewcastle
(16,844 posts)We wouldn't be doing anything about their rights.
Duckhunter935
(16,974 posts)You would prevent people from purchasing weapons that are guaranteed via the 2nd amendment.
LuvNewcastle
(16,844 posts)right to bear them. There are plenty around already.
Duckhunter935
(16,974 posts)Unless you are in a prohibited category.
GGJohn
(9,951 posts)the people's right to acquire firearms, which is a violation of the 2A.
LuvNewcastle
(16,844 posts)individual or a store that deals in used weapons. We wouldn't come down on the sale of used weapons, just new ones.
GGJohn
(9,951 posts)but the bottom line is that the courts would strike down such a law so quick, the ink on the paper wouldn't even be dry yet.
Duckhunter935
(16,974 posts)The repubs make for abortions, scary a democrat would do that.
GGJohn
(9,951 posts)but you're correct.
Orrex
(63,208 posts)The version I've seen reads as follows:
Doesn't say anything at all about buying or selling. What am I missing?
GGJohn
(9,951 posts)the 2A, and the courts would strike it down PDQ.
You can keep and bear all the arms you want. You just can't sell them or give them away.
GGJohn
(9,951 posts)besides, it ain't never going to happen so I'm in no way concerned this would pass.
Orrex
(63,208 posts)Look, I know that it won't happen because our cowardly legislature is completely in the grip of the NRA, but since we know that at least several SCOTUS justices are self-declared originalists, how would they justify ruling in favor of the sale and purchase of firearms, if that language is explicitly excluded from the Constitution?
GGJohn
(9,951 posts)and if you ban the sale of those firearms, it's an unreasonable restriction on that right.
Orrex
(63,208 posts)The right to keep something is absolutely no guarantee of the right to sell it.
How do you arrive at the matter-of-fact conclusion that a ban on sales is a restriction on ownership?
Convince me.
GGJohn
(9,951 posts)then how can you exercise that right to keep and bear arms?
You would be denying law abiding citizens of their fundamental right to a firearm.
Thanks for giving me a chance to convince you without the insults, that's refreshing.
Orrex
(63,208 posts)I suppose that there could be inheritance, too.
To pursue it from another angle, even if citizens have the legal right to buy firearms, why must we conclude that corporations have the right to sell them? That would really take the wind out of a billion-dollar industry, I grant. However, if you're a fine gunsmith and I want to pay you for your product, that would be fine; but that doesn't guarantee Smith & Wesson any rights at all.
I'm assuming, for the sake of it, that we'd correct that whole "corporations are people" silliness first, of course.
GGJohn
(9,951 posts)And as far as correcting Corporations United? I'm not holding my breath waiting for it to be overturned by the SCOTUS, nor the Congress doing the right thing.
Orrex
(63,208 posts)Take that, Mr. Sillyboots.
I love it.
MillennialDem
(2,367 posts)said product can be made at home?
GGJohn
(9,951 posts)Even privately made firearms.
MillennialDem
(2,367 posts)illegal to sale, but legal to make? What about that would fail constitutional muster?
GGJohn
(9,951 posts)I believe that it might, and I stress might, pass constitutional muster.
branford
(4,462 posts)what important government interest is served by banning the sale of firearms, and is the means substantially related to that interest.
If the interest is essentially "less guns are better," courts have already dealt with this issue, and answered with a firm no. It's essentially a law expressly designed to simply diminish or gradually eliminate the exercise of a constitutionally protected right, and will not pass constitutional muster.
Note also that although in the past few decades the number of lawful guns have increased by tens of millions or more, rates of violent crime have diminished by about half. The government would have difficulty proving correlation, no less causation, for a policy limiting the number of gun in order to reduce violent crime.
Unsurprisingly, it's very difficult to implement broad and pervasive regulations that have the potential to severely restrict constitutionally protected activity.
Ichigo Kurosaki
(167 posts)kelliekat44
(7,759 posts)GGJohn
(9,951 posts)and the cost of them coming down, more people will choose that option, which will really open the floodgates for more firearms in the country.
yeoman6987
(14,449 posts)At the debate and see what happens. The general they can't change their minds. I want too see how serious Americans are for gun control. Polls are all over the place. The only way to test it is during the election.
Union Label
(545 posts)if the ammosexuals cant get bullets they cant go around killing innocent people?
GGJohn
(9,951 posts)The SCOTUS has already ruled that ammunition is part and parcel to the 2A.
And millions of Americans, including me, reload our own ammo, it's really quite simple if you follow directions.
HooptieWagon
(17,064 posts)...that is, if you're in favor of a completely unregulated black market.
LuvNewcastle
(16,844 posts)Maybe we could allow pawn shops to sell them. They would all be used guns, so it wouldn't have anything to do with the manufacture of new guns. We wouldn't regulate the sale of used guns much, just stopping new guns from entering the market.
Duckhunter935
(16,974 posts)Printing weapons would explode.
LuvNewcastle
(16,844 posts)to bust that shit up.
Duckhunter935
(16,974 posts)Ever seen an AK made from a shovel?
LuvNewcastle
(16,844 posts)to fit different situations, but I think it could work.
Duckhunter935
(16,974 posts)Hoyt
(54,770 posts)Duckhunter935
(16,974 posts)I seem to remember you admitted things that were not to lawfull.
Hoyt
(54,770 posts)with the gun they tuck in their pants to walk down the street. You are saying you would not comply with gun laws that restrict you from acquiring more gunz and walking among us with one or more in their paints.
Duckhunter935
(16,974 posts)Do not put words in my mouth I did not say. I have several weapons and really do not plan on any new ones.
GGJohn
(9,951 posts)last traffic ticket was over 25 years ago, so, unlike you, I've always been a law abiding citizen.
Hoyt
(54,770 posts)Travis_0004
(5,417 posts)People in this thread are likely law abiding citizens.
I dont trust criminals to follow the law. A 3D printer can be bought very cheap and it will only get easier.
Im not going to make any illegal guns on a 3d printer, if it was banned, I just also think local gang members dont have a hostory of following the law and would make them.
Plus I imagine gang members would be in support of disarming everybody.
Hoyt
(54,770 posts)Duckhunter935
(16,974 posts)GGJohn
(9,951 posts)I can continue to buy and possess firearms to my hearts content.
Duckhunter935
(16,974 posts)My clearance requires that.
MillennialDem
(2,367 posts)HooptieWagon
(17,064 posts)...was hoarding guns in anticipation of 'Obama taking away guns'.
And a gun ban would of course drive gun sales into a black market, where there would be ZERO regulation and background checks, and higher profits.
So the answer to your question...a gun ban would have some owners turning in their guns, and some reduction in sales. However, some owners will hold on to their guns to sell at a higher price, and some will hang on to them period. And remaining sales will be underground. Higher prices may encourage gun-smuggling into the US, instead of from the U.S.
MillennialDem
(2,367 posts)ing a gun getting you arrested ala gun sniffing dogs when you get pulled over.
I honestly just don't see a big underground market for guns. Other than mafia/drug lords and a very small percent (< 2%) of typical citizens buying guns. Most will just grumble and deal without. Keep in mind guns also require ammo and unless the person never wants to practice shoot again, they're going to run out eventually. Plus the issue of transporting guns getting you in hot water with the police.
HooptieWagon
(17,064 posts)That's why the wing-nuts keep up the "Obama is going to take your guns away" bullshit.
Look...you, me, reasonable people can sit here and say "I don't need a gun" and think others are as reasonable. But not everyone is reasonable. Many are batshit crazy. They will hoard guns, creating a black market of unregulated gun sales.
MillennialDem
(2,367 posts)fear mongering about Obama going to come take guns - but really is there going to be a huge black market for this? If guns are illegal, a gun is probably going to cost $2,500 (or more) for even the most basic models. That's going to price a lot of people out of the market, and the price of ammo is going to skyrocket too.
Even aside from increased costs in such a scenario, I just don't see people going down to the speakeasy to buy guns. Like I said I see them just grumbling about it.
come to think of it, I should probably hoard some guns and ammo myself the day Bernie or Hillary get elected and then sell them, it's a sure fire investment because the gun stores will get sold ou and if I keep the receipt I can always return them to Walmart or wherever if need be).
HooptieWagon
(17,064 posts)A cheap semi-auto pistol (which won't have to meet any standards) might be under $400. Shotguns and nicer handguns could be $2500. Semi-auto rifles like AR-15 clones might be $5000.
I don't think prices will be too much to deter, people who can't afford a gun will steal stuff to buy one, just like drugs. And some may just view it as a good investment.
Duckhunter935
(16,974 posts)ileus
(15,396 posts)No one would sell firearms they already had, so where would folks that wanted a personal protection device turn to?
LuvNewcastle
(16,844 posts)We don't need anymore guns. We already have too many. We just need to stop new guns from being purchased.
Duckhunter935
(16,974 posts)Their rights, cool.
LuvNewcastle
(16,844 posts)It would just be much harder to find one. There is no constitutional guarantee of plentiful weapons.
Duckhunter935
(16,974 posts)Same argument the republicans make on abortion, sad in my opinion.
LuvNewcastle
(16,844 posts)in common, other than being controversial topics.
Duckhunter935
(16,974 posts)Republicans use.
It's legal and the lady can get one, we will just make it so hard to find a provider it is essentially a ban. Very good of you, fucking sad in my opinion.
Rex
(65,616 posts)Lots of my lesser evolved relatives fall in that category. Growing up in south Texas is a real life lesson in stupid people with lots of God and Guns!
LuvNewcastle
(16,844 posts)Jesus! It's fucking insane, and people just keep buying more and more. A friend of mine just got back from Finland, and over there they think this country is an asylum. They can't believe people aren't dying to get out of here.
Duckhunter935
(16,974 posts)But others may and as long as it is legal they should be able to.
yeoman6987
(14,449 posts)I don't see people flocking to Finland like they do the United States.........hmmmmmmmm. Well that is interesting isn't it?
LuvNewcastle
(16,844 posts)It's a very nice country other than the weather, so I hear. I would like living there, I think. I am going to have to relocate eventually, I'm afraid. If this country explodes, I am not going to stick around to see how it turns out.
Duckhunter935
(16,974 posts)Nut jobs are making. I have faith this country will muddle through for a very long time.
yeoman6987
(14,449 posts)pipoman
(16,038 posts)LuvNewcastle
(16,844 posts)I see where you're going, I think, but I think a successful argument could be made that the government wouldn't be bothering the right to bear arms by simply disallowing the sale of new guns. If the government determines that there is a glut of certain destructive items, it has the right to regulate them. It wouldn't be stopping people from owning guns, because guns are already plentiful, and no guns would be confiscated or gun owners harassed.
pipoman
(16,038 posts)You need to read up on gun cases starting at least with Miller, tjen work your way forward. Every question you have asked has been asked in 100 ways and the answer has always been the same...Read about the constitutional standard of, "in common use, for lawful purposes"...
Duckhunter935
(16,974 posts)To some.
ancianita
(36,053 posts)Duckhunter935
(16,974 posts)Even easier now with CAD mills and the new printing technology.
LuvNewcastle
(16,844 posts)I don't think it would be worse than the status quo, anyway
ancianita
(36,053 posts)handgun manufacturers exist today in New Hampshire and Massachusetts, two of the founding colonies.
These states have strict laws and fewer gun deaths than other states, probably because they know their history and have the right kind of gun culture that respects the tools they make.
HooptieWagon
(17,064 posts)Oregon shooters mother hoarded guns because she thought they would be banned:
http://www.occupydemocrats.com/oregon-shooters-mom-is-a-paranoid-gun-hoarder-who-taught-her-unstable-son-to-love-guns/
Now in her case, she was just a paranoid nutcase. However, even rational people may hoard guns if the threat of a banning appears real. Prices will rise markedly, and a huge profit could be realized on the black market.
Rex
(65,616 posts)Because 300 million of them are NOT ENOUGH! Ever wonder about people that stockpile guns? For the Rapture? Why?
Are they admitting they know they will be 'left behind' and have to shoot a lot of zombies?
Just stop making them.
HAHA! I KID!
Too many worship the culture of death. They jizz when the MIC blows something up.
GGJohn
(9,951 posts)Your post is childish at best and disgusting at worse.
Rex
(65,616 posts)Why do you self-identify with gun humpers? That is totally disgusting, but if you insist on doing it I can not stop you.
Duckhunter935
(16,974 posts)That on pretty much a daily basis here on DU.
Rex
(65,616 posts)or not. Either way I find it amusing that you so identify that way. All three of you.
GGJohn
(9,951 posts)I own and enjoy shooting firearms, also, our firearms protect our livestock from predators, bobcats, coyotes, and the occasional cougar.
Would you like it if I called you a control humper? Probably not, and I won't, it does nothing for the conversation.
Rex
(65,616 posts)Seriously if the term bothers you, maybe think hard on as to why. I bet it has to do with something internal. I like hunters, I hate gun humpers.
I guess you would have to understand the difference and as of yet I fail to see you even notice.
GGJohn
(9,951 posts)I'm not only a hunter, I also have a CHL, I like to target shoot, I like to collect firearms, historical and contemporary, does that make me a "gun humper"?
I have thousands of rounds of ammo, does that make me an "ammosexual"?
Rex
(65,616 posts)I mean seriously, if you need to be defined by me so it makes you feel better let me ask this; does violence and death excite you? If not, I don't think owning a million guns makes you a gun humper. The term humper infers someone that covets guns over life. Think of groups like the Oath Keepers.
Surely none of you three are running around saying you endorse the culture of death? I don't think so, though I've seen no proof to the contrary until you just labelled yourself in many different ways.
You ask my why I label? See, we are clearer now...you love the sport, yet you do not worry about a secret government takedown by Obama.
I am not responsible for what others here think, but that is my opinion.
Duckhunter935
(16,974 posts)Many here.
Rex
(65,616 posts)Take it up with them.
Duckhunter935
(16,974 posts)But please do not blame us if we did not know your definition.
Duckhunter935
(16,974 posts)Some very childish things are posted here.
Off topic, but your counter parts were the ones I worried about while driving my bird in hostile territory.
Duckhunter935
(16,974 posts)Kids we pass through now
How many do we need to have in order to be "safe." 5 per person? When will it end? I'm afraid the end of all this is going to be very, very ugly
Rex
(65,616 posts)However the other 99% of us like to discuss this type of issue. 80% of Americans wanted gun control, but Congress said NO.
I get people that hunt for their food, I don't get keyboard warriors that worship the culture of death. Seems kind of outdated, like the Wild West...which the GOP/NRA is trying hard to bring back.
LuvNewcastle
(16,844 posts)Well, maybe that's unfair to anarchists. Maybe they want to try some Chas theory experiment on America. The gun control argument has already been won. It's just a matter of finding a way to satisfy the gunners while actually accomplishing something.
Rex
(65,616 posts)SO they need a zillion guns, when the govt comes for them. It is a self-fulfilling prophecy in the making.
pipoman
(16,038 posts)think "Congress said no" when it was actually the constitution standing in the way of your gun control desires....complete disregard for the possible while salivating at the impossible is the trail of US gun control...and the real cause for their failure..
The Gun Lobby told Congress not to do it and they went along with the NRA. Bother you much does it?
pipoman
(16,038 posts)That a federal mandate for universal background checks is a violation of the commerce clause, exactly as it was in 1994 when private intrastate sales were exempted. The federal government has no jurisdiction in the intrastate sales of used legal to own merchandise. This is why you will never, ever, have federal universal background checks at the federal level. It doesn't matter if the gun lobby exists or not, someone would challenge a ubc law and it would be overturned...
ancianita
(36,053 posts)gun owner rates, examine their laws and social practices to get an idea of what good gun culture is.
Duckhunter935
(16,974 posts)Antique bolt action rifles. And I have a 45, a 9MM and a small 40. I love the AR as I have two uppers so I can change calibers without having to purchase two rifles. Great thing about the modular AR platform. They all serve different purposes, mostly I just shoot paper plates. Have a CCW but almost never carry.
ancianita
(36,053 posts)and see how that goes. There would be such congressional voter upheaval, besides the thumbs down from each state, that the whole process would be yet another colossal waste of taxpayer money.
pipoman
(16,038 posts)branford
(4,462 posts)is completely irrelevant to any constitutional analysis.
So long as there exists in this country and right to keep and bear arms, it will be legal to manufacture and sell such arms to civilians.
The federal government and states could regulate firearm manufacture as any other consumer product so long as such regulation meets at least intermediate constitutional scrutiny, if not strict scrutiny. Without getting into an extended lesson in constitutional law, suffice to say a law or regulation expressly designed to discourage the exercise of a right, such as artificially attempting to limit the firearm supply in the country as you propose, will not pass constitutional muster. Neither will ancillary attacks on the right such as prohibiting or severely restricting the manufacture of ammunition or replacement parts.
LuvNewcastle
(16,844 posts)we going to end up with if we don't stop it. Really. Are we all going to be tripping over guns everywhere? It's absurd to allow this to continue.
branford
(4,462 posts)You cannot ban the sale of firearms because you or others believe we already have "too many." I don't need my law degree to make what I thought was such an obvious observation.
However, to the extent we might be "tripping over guns everywhere," Congress or the individual states may, again subject to constitutional scrutiny, impose certain reasonable limits on the storage and carrying of firearms.
LuvNewcastle
(16,844 posts)The status quo is not acceptable.
Jim Beard
(2,535 posts)I think that would enable a cop to act differently when people are stopped for drinking are taken straight to jail, away from their firearm.
These are small things of cousre this insn't small to the NRA and General George Patton.
LuvNewcastle
(16,844 posts)I just don't like people being armed while they're shopping at Wal-Mart or in a public place. I think that's going too far. I can understand keeping one in your car if you're going on a long trip, or in other more personal spaces. I think nobody but the cops should be armed in public spaces.
Duckhunter935
(16,974 posts)Unsecured in a car if on a trip and they stop at a store or restaurant? That is kind of nuts if you ask me.
LuvNewcastle
(16,844 posts)You're just being argumentative now. This is silly.
GGJohn
(9,951 posts)Duckhunter935
(16,974 posts)Geeez
GGJohn
(9,951 posts)Something about the subject of guns seems to trigger lack of logic in some people who are usually very smart.
Duckhunter935
(16,974 posts)Duckhunter935
(16,974 posts)It is stupid to tell people to leave weapons in cars unattended. You just do not like the fact that was called out.
LuvNewcastle
(16,844 posts)whether or not people should carry guns in public places. I think it's a ridiculous argument. Just the thought of people believing they should be able to carry their gun in the mall is ludicrous. It's foolishness. If people can't see that, I really have nothing more to say about it.
Duckhunter935
(16,974 posts)I am glad we agree on that
Lee-Lee
(6,324 posts)Yep- SCOTUS ruled long ago that a person prohibited from owning guns, who did own them, couldn't be compelled to register them or charged with not registering because it would violate their rights.
alarimer
(16,245 posts)Like 5,000%. Everywhere. That way the blood money would at least pay for the cleanup from all the dead bodies.
LuvNewcastle
(16,844 posts)GGJohn
(9,951 posts)it would be a poll tax on an enumerated right.
Jim Beard
(2,535 posts)maybe the bullest have a shorter shelf life to avoid hording.
branford
(4,462 posts)is a solution to what problem?
I don't believe it's a safety hazard or otherwise is linked to any other safety or security risk or concerns.
A belief that people should just own fewer bullets, or thinking those who own bulk ammunition are weird or scary, would not be a sufficient rationale to pass any level of constitutional scrutiny.
Duckhunter935
(16,974 posts)or more like i think you mean cartridges or rounds?
Snobblevitch
(1,958 posts)You do realize that if there ever was a strong effort by Democrats to pass such a law, both houses and the White House would be controlled by Republicans for a generation or more.
LuvNewcastle
(16,844 posts)I know. It'll never happen. But it's interesting to entertain the idea for a while.
Snobblevitch
(1,958 posts)I do however believe many Democrats fear them.
Initech
(100,068 posts)What makes you think that gun prohibition would work?
LuvNewcastle
(16,844 posts)It wouldn't affect current gun laws about the right to bear arms. It would only affect the sale of new guns. No new laws on guns already in people's possession.
Initech
(100,068 posts)The definition of prohibition - at least alcohol prohibition - is the act of prohibiting the manufacturing, storage in barrels, bottles, transportation and sale of alcohol including alcoholic beverages, is it not? Wouldn't what you are proposing work exactly the same way? If so that is prohibition.
(And BTW - I am no way shape or form defending the gun industry, I've often said that the NRA is a terrorist organization. And I still stand by that claim.)
LuvNewcastle
(16,844 posts)that are already in circulation, I don't think you could call it prohibition. Liquor is consumed, but if you shoot your gun, you still have a gun (usually). I think the government has the right to decide when there is too much of something and they should be able to control how many more of those things that we want to allow. If government can't make those kinds of calls, it really isn't much use.
branford
(4,462 posts)generally doesn't get to decide things like when the People have had enough of their rights.
Except under very unusual circumstances, the government cannot set a national quota on the total number of guns any more than a limit on the number of newspapers, websites, protests or religions.
LuvNewcastle
(16,844 posts)with guns. Comparing owning a gun with free speech, a human right, is twisted as hell. How long are we going to allow guns to proliferate like this? Can you not see that being armed to the teeth like that is the creation of a tinderbox? To say it's insane doesn't even cover it.
onehandle
(51,122 posts)...that the Second Amendment has something to do with private gun ownership.
It doesn't. A corporate owned SCOTUS misinterpreted it to pad the pockets of gun companies.
They also gave us President George W. Bush, Citizens United, Hobby Lobby, and Corporations are People.
LuvNewcastle
(16,844 posts)I wish people weren't so fearful of each other in this country. The gun issue is really just a symptom of a deeper societal problem that we have. There are plenty of other countries where people aren't scared of the government and their neighbors and it's so sad that we can't live like that. Of course, our government does do some scary shit. The things we're doing to countries overseas could easily be turned inward, and people sense that and they want to feel safe. This is the price we pay for empire.
Duckhunter935
(16,974 posts)funny how that works when you agree with them I assume, right
Hydra
(14,459 posts)Agree with them when it suits, call to tear down when otherwise.
A disturbingly common trait lately.
Duckhunter935
(16,974 posts)kelly1mm
(4,733 posts)and that the Party will preserve the right to both own and use firearms. It reads in part:
"We recognize that the individual right to bear arms is an important part of the American tradition, and we will preserve Americans' Second Amendment right to own and use firearms."
Maybe you need to try and convince the Democratic Party to change their stance or is my Party just a bunch of gun nuts too?
LuvNewcastle
(16,844 posts)I have just as much respect for the average gun owner as I do for anyone else. I just think the gun owners in this country have enough weapons to fight a war, and it's time to step away from the table.
I don't know exactly how many is too many guns, but 300 million should be more than enough and should satisfy our population for years to come. I don't want to take the guns people have already have, I just don't want new weapons to be sold. Enough is enough.
ileus
(15,396 posts)Why can't people understand that???