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ctrl+f constitution ... nothing, on either the article or on HN. You simply can't have a proper discussion about this without talking about the constitution.
by arca_vorago 10y ago
ctrl+f constitution
... nothing, on either the article or on HN.
You simply can't have a proper discussion about this without talking about the constitution.
Look, first, we need to back up a second and before we get caught up in every persons minute question about detail this or reason that, and look at the bigger picture. I have some British friends (classically anti-gun) who have responded well to the following discussion flow on the issue.
First, we must establish that you, the reader, understand the hierarchy of law. That is, first, we are talking about America, and in America the Constitution is the supreme law of the land. This is a very important distinction, especially for those citizens living under monarchies or thinly veiled monarchies such as the British and various Europeans. The constitution was not established to grant rights, rather it was intended to secure individual natural rights, under natural law. The American Revolution, the Glorious Revolution, and the French Revolution all had their basis in natural law and rights. Natural law and rights existed before any state, and transcend any state.
There is no perfect list of natural rights, but there are some commonly accepted ones. John Locke called the right to self defense the first law of nature. Each and every individual has a right to defend themselves or their loved ones, and their property (I will ignore the large rabbit hole waiting for those who want to discuss how close property law is to natural liberty). If you punch me, I will defend myself. If you try to hit me with a rock, I will defend myself. If you try to strike at me with a sword, I will defend myself. If you shoot at me with a gun, I will defend myself. While the technology has changed, the principle has not.
The bottom line is I have a right to self defense, and in a world where true defense means owning a firearm, I have a right to own a firearm.
Now usually I get quite a bit of push back even on this point, and granted there is a lot of nuance to be had in the debate. What about nuclear weapons, etc... a discussion worth having but far too easily used to distract from the core issue(s). So as this point becomes tangled in confusion, I usually stop and move to the next point.
All of that aside, the second amendment of the constitution is intended as a defense against tyranny. This is not about individual or family self-defense. The second amendment is primarily about the ability of the people, from whom the government gains it's legitimacy, to defend itself from a government gone rogue, tyrannical, or despotic.
These two primary reasons, self-defense as a natural right and defense against tyranny as a natural right and constitutionally protected (not established) right, are why I don't have to answer such bullshit questions as "Why do you need a $scarysoundingweapon?" I have my suggestions about the need for increased training, and concerns about the lack of respect for firearms, but they distract from the core discussion we need to be having.
I'm a combat vet, and perhaps I am just too cynical because I have seen too much of the worlds dark underbelly, but these rights are very real to me, and while Americans are cozy, coddled, and lazy today, with a turn-key totalitarian state being put in place, centralized and monarchistic globalism on the rise, growing inequality, and increasingly startling revelation of lack of the rule of law, I have a feeling people are going to need to relearn the martial arts quicker than they are prepared for.
As a side note, there are some key conditions and justifications for deadly force I think more civilians should know, even if they don't all apply to them:
3 Conditions
1.Extreme necessity
2.Last Resort
3.When all other means have failed or cannot reasonably be employed.
7 Circumstances
1.In defense of property involving national security
2.In defense of property not involving national security but inherently dangerous to others.
3.Self-defense and defense of others.
4.To prevent or interrupt serious offense against persons
5.Last Resort
6. Escape
7. Arrest or Apprehension