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View Diary: GunFAIL IV (199 comments)

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  •  Well... (0+ / 0-)

    ...except for the ones that they report regularly that happened in the past weeks.

    However, see my comments here and here about how defensive uses of guns are likely under-reported to police and even more under-reported in the media.

    Also, we don't judge rights based on how many reported examples there are of when they impact others negatively. We don't compare the size of two lists drawn up by opposing parties and decide on the Constitutionality of a matter based on that balance.

    For example, the current interpretations of the Fourth, Fifth,  Sixth, and Eighth Amendments surely prevent police, prosecutors and judges from solving many crimes and prosecuting and punishing/executing those who commit them. Given the recidivism (if ever convicted) rate and serial criminal nature of many violent criminals, these Amendments allow many criminals to remain in, or return, to society to commit subsequent serious crimes against victims.

    Yet, we don't just count the number of crimes committed by repeat offenders or by those who were already convicted of a crime and give the police free reign to search anything, anytime, for any or no reason. Nor do we sentence criminals to death for minor violent crimes. Nor do we allow the judge to overrule the jury when they acquit an obviously guilty person. Nor do we allow the police to detain people for months without counsel while torturing them to reveal where the evidence can be found to convict them.

    Nope, the courts interpret enumerated rights quite broadly and will likely continue to do so (I'm sure we all hope for that at least). Heller and McDonald have changed the landscape more than hardly anyone here seems to imagine. The state of gun control laws that exist and are allowed now is rather like the state of Jim Crowe laws before landmark SCOTUS decisions such as Brown. Get used to it or amend the Constitution to get rid of the Second Amendment (much as I expect segregationists would have liked to amend the Constitution to allow segregation).

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