Open Carry

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But he was not guilty on any firearm related charge, as you said.



You are grossly oversimplifying the details to fit your argument.



Yes the legal system works wonderfully in MOST cases. That’s why everyone isn’t shooting it out with the cops. Tell me you believe it works well in every case.

Do you or do you not agree that the government was in the wrong in any capacity?

Because I find it insane that anyone could look at what ICE is doing now and label that authoritarian/tyrannical enough to warrant protesting, but could look at Ruby Ridge and say NBD.
Ice is tyrannical in some situations. Plenty of cases where US citizens are arrested and then released..AFTER they go to court.

The difference is...you are arguing they should shoot it out with cops if they think they are innocent (ala Ruby Ridge)

My argument is that they should all go through the justice system and seek their day in court with a jury of their peers

The legal system worked in Weavers case...it acquitted him and paid him damages

Everyone who gets caught in an undercover sting will claim entrapment. Massage parlor, drug buys, weapons, etc. Go to court, hope the cops made a procedural error and argue your case. If its a really good case, then maybe the supreme court changes the procedures. Again, you dont get to shoot it out with the feds

Its not hard
 
Ice is tyrannical in some situations. Plenty of cases where US citizens are arrested and then released..AFTER they go to court.

Do you agree the government was tyrannical in Ruby Ridge?

The difference is...you are arguing they should shoot it out with cops if they think they are innocent (ala Ruby Ridge)

My argument is that they should all go through the justice system and seek their day in court with a jury of their peers

That’s not the argument I’m making, and I don’t think armed resistance has to end in a shootout. People should go through the justice system, if it’s working. Even if you don’t agree any of the examples we’ve talked about are instances of 2A working, surely you can at least think of hypotheticals where maybe people shouldn’t use the justice system. Is it possible it becomes so corrupt that there is no longer what you would define as due process and a fair trial?

Let’s say Trump really was driving a tyrannical regime. He’s just hanged Biden and Harris after a “trial”. Comey is up next. Do you still think he should rely on the system?

Point being there are instances where the system doesn’t work as intended. If there is no true possibility for justice for the accused, what would you suggest they do then?

The legal system worked in Weavers case...it acquitted him and paid him damages

It was compelled to work. In the wake of the events. Waco occurring during his trial might have given the jurors a push as well. I think it is arguable the outcome of Weaver facing 30 years on weapons charges would have been very likely had he turned himself in and bet on the system working as it should.

Everyone who gets caught in an undercover sting will claim entrapment. Massage parlor, drug buys, weapons, etc. Go to court, hope the cops made a procedural error and argue your case. If its a really good case, then maybe the supreme court changes the procedures. Again, you dont get to shoot it out with the feds

If they come at you unjustly, and they start shooting first, I think you have the right to return fire.
 
I’d say it’s a little more complicated than that. If an authoritarian ATF didn’t try to coerce him into committing a crime, there may have been a more positive outcome.

If the government didn’t further sow distrust in the weavers by setting him up for an arrest, having a magistrate make false statements about potentially losing his home, and a clerical error resulting in the wrong court date and the subsequent failure to appear warrant, there may have been a more positive outcome.

If government had properly identified itself, and didn’t have a shoot first mentality using illegal ROE, there may have been more positive outcome.

You've correctly identified things the government did wrong, no arguments there.

I think there's a good argument to be made that the Weavers (especially the son) would still be alive if they hadn't had their guns. They could have argued their entrapment case in court.

That's the positive outcome I'm describing.

Possible? I guess. You could literally make that claim about anything. What evidence is there to support that? There was no impetus for the policy to change organically. Maybe one day there could have been? Could say that about slavery and the civil war as well I suppose. Probably a better argument since there was an organic drive for change in the north.

Sure. I'm just making the calculation YOU'RE making explicit. That these deaths were worth the changes in policy.

I'm not afraid of making these sorts of calculations, Ex. the Civil War absolutely was justified to end slavery.

I'm just less sure on the calculation you're making. I think plenty of people will agree with you, but there's more room for disagreement.
 
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Do you agree the government was tyrannical in Ruby Ridge?



That’s not the argument I’m making, and I don’t think armed resistance has to end in a shootout. People should go through the justice system, if it’s working. Even if you don’t agree any of the examples we’ve talked about are instances of 2A working, surely you can at least think of hypotheticals where maybe people shouldn’t use the justice system. Is it possible it becomes so corrupt that there is no longer what you would define as due process and a fair trial?

Let’s say Trump really was driving a tyrannical regime. He’s just hanged Biden and Harris after a “trial”. Comey is up next. Do you still think he should rely on the system?

Point being there are instances where the system doesn’t work as intended. If there is no true possibility for justice for the accused, what would you suggest they do then?



It was compelled to work. In the wake of the events. Waco occurring during his trial might have given the jurors a push as well. I think it is arguable the outcome of Weaver facing 30 years on weapons charges would have been very likely had he turned himself in and bet on the system working as it should.



If they come at you unjustly, and they start shooting first, I think you have the right to return fire.
Do i think its tyrannical for agents to arrest someone refusing to go to court? No

Do i think its tyrannical to arrest someone seeling modified weapons? No

Do i think its tyrannical for agents to shoot a dog thats coming at them? No. For an agent to shoot at someone, whos armed, and coming their way? No

When both sides have weapons and point them at each other..**** goes sideways and there is collateral damage.

BUT

You keep saying people should go through the justice system, and if it doesnt work then armed resistance. Ok, but he DIDN'T go through the justice system. He refused to from the start. He admitted that, testified to that and admitted later that he should have. He was an anti government white supremacist before he was arrested...he had zero intention to use the justice system for anything

Arguing that he WOULD have been convicted had he not staged a uprising is nonsense.. because he wasnt and no reason to think that he would be.

If Trump went full tyranny...then good luck..2A wont save you from anything. If the feds wanted, they would have killed weaver right at the start and nobody would have even heard about it
 
Do i think its tyrannical for agents to arrest someone refusing to go to court? No

Do i think its tyrannical to arrest someone seeling modified weapons? No

Do i think its tyrannical for agents to shoot a dog thats coming at them? No. For an agent to shoot at someone, whos armed, and coming their way? No

When both sides have weapons and point them at each other..**** goes sideways and there is collateral damage.

Come on man, yes or no? You don’t think there was anything where the government was in the wrong?

You keep saying people should go through the justice system, and if it doesnt work then armed resistance. Ok, but he DIDN'T go through the justice system. He refused to from the start. He admitted that, testified to that and admitted later that he should have. He was an anti government white supremacist before he was arrested...he had zero intention to use the justice system for anything

He didn’t refuse from the start. I think you are framing this in a way that doesn’t capture the true events of the scenario. He didn’t actively go out and seek to “shoot everything up”. He didn’t resist his initial arrest. And he certainly didn’t go looking for a fight. It’s not like he conspired to go shoot up a court house, or blew up a judges car. He was fearful and distrustful of the government, and they gave him a lot of reason to be. Coercion, surreptitious arrest, wrongful threats from a magistrate, clerical errors in his court date, failure to identify, and that was all before the shooting. Then sure enough, they confirmed his fears when they opened fire under unconstitutional ROE.

Arguing that he WOULD have been convicted had he not staged a uprising is nonsense.. because he wasnt and no reason to think that he would be.

It is crazy to think the events did not impact his trial. He had public opinion and a top notch lawyer on his side, as well as several procedural and logistical fck ups from the prosecution, in light of the events. Without the public sentiment, I’m sure his court appointed public defender would have got him off 🙄


If Trump went full tyranny...then good luck..2A wont save you from anything. If the feds wanted, they would have killed weaver right at the start and nobody would have even heard about it

There is no theoretical middle ground in your mind, a scenario perhaps short of an all of us in chains type of tyranny, where the system can fail to the point where it’s no longer in one’s best interest to trust in the legal system? Would should Comey do in THAT scenario?
 
Sure. I'm just making the calculation YOU'RE making explicit. That these deaths were worth the changes in policy.

I'm not afraid of making these sorts of calculations, Ex. the Civil War absolutely was justified to end slavery.

I'm just less sure on the calculation you're making. I think plenty of people will agree with you, but there's more room for disagreement.


Ah. Understand.

I recognize not everyone is going to look at the historical examples we have and agree that they were worth it, regarding 2A.

Though I think realistically, just about everyone can create a thought experiment where armed resistance meets their own criteria as a net positive.

I don’t think the statement, armed resistance (and by extension 2A) never works/will never work, holds any water.

We can absolutely argue if it worth it, but that requires at least acknowledging that it can work.

We could also acknowledge it does work, AND gun violence is a problem. There are likely ways to mitigate the problem without infringing the 2nd amendment. That’s my contention. I personally don't know any gun owners that think we should do nothing to address 50k deaths a year, they just adamantly disagree with the way the left wants to do it.
 
Come on man, yes or no? You don’t think there was anything where the government was in the wrong?



He didn’t refuse from the start. I think you are framing this in a way that doesn’t capture the true events of the scenario. He didn’t actively go out and seek to “shoot everything up”. He didn’t resist his initial arrest. And he certainly didn’t go looking for a fight. It’s not like he conspired to go shoot up a court house, or blew up a judges car. He was fearful and distrustful of the government, and they gave him a lot of reason to be. Coercion, surreptitious arrest, wrongful threats from a magistrate, clerical errors in his court date, failure to identify, and that was all before the shooting. Then sure enough, they confirmed his fears when they opened fire under unconstitutional ROE.



It is crazy to think the events did not impact his trial. He had public opinion and a top notch lawyer on his side, as well as several procedural and logistical fck ups from the prosecution, in light of the events. Without the public sentiment, I’m sure his court appointed public defender would have got him off 🙄




There is no theoretical middle ground in your mind, a scenario perhaps short of an all of us in chains type of tyranny, where the system can fail to the point where it’s no longer in one’s best interest to trust in the legal system? Would should Comey do in THAT scenario?
Aww, the poor guy was tricked into selling illegal weapons at a white supremacist meeting? Such a tough break

He was distrustful of the government before his arrest. He was attending Aryan Nation meetings. A neo nazi white supremacist group.

He didnt resist his initial arrest because he didnt have the opportunity to. He then decided to not show up to anything...and was FOUND GUILTY of not appearing. He wrote letters, and signed them, saying he wouldnt be taking part. He testified that he wouldnt be taking part. He actively refused to peacefully surrender for over a year

Procedural and logistically errors are part of the process. If the defense finds them, then defendent gets off. OJ got off too. Thats the process

IF the system fails to the point that we cant trust the system...an its full blown tyranny...then guns would actually be warranted, but guess what, then an armed citizenry still wouldn't work. Why? Well 99.99% of folks wont actively resist. Just as many who resist will be countered by just as many citizens who dont see it as tyranny (just look at current events, half the country thinks its tyranny, the other half voted for the guy). The rest will be silenced, imprisoned, framed as violent protestors, etc

So in the end, you are advocating for a system where any criminal can scream "Tyranny" because they dont like the charges. They can refuse to take part in the legal process and shoot at cops who come to arrest them. Nobody can agree on what tyranny is or when/how to oppose it (evident even in this thread), the overwhelming majority of anti tyranny folks are just domestic terrorists...the cases of tyranny can be handled with peaceful protests, lawsuits, etc and if the situation devolved into China levels of tyranny...well guns wont help. And of the citizens decided to rebel in China, they will find weapons anyways.

So in the end, there is just no role for an armed citizenry in checking tyranny
 
So the government did nothing wrong, got it.


Aww, the poor guy was tricked into selling illegal weapons at a white supremacist meeting? Such a tough break

He was distrustful of the government before his arrest. He was attending Aryan Nation meetings. A neo nazi white supremacist group.

Is the implication here that because he was attending white supremacist and Aryan Nation meetings they he doesn’t deserve the same rights as everyone else?

There are certainly many belief systems I don’t agree with, but it would be anti-democratic of me to suggest they don’t deserve the same protections under the constitution that I do.

He didnt resist his initial arrest because he didnt have the opportunity to. He then decided to not show up to anything...and was FOUND GUILTY of not appearing. He wrote letters, and signed them, saying he wouldnt be taking part. He testified that he wouldnt be taking part. He actively refused to peacefully surrender for over a year

He could have resisted at any time during the initial arrest. He went peacefully. He passively retreated to his property. He didn’t flee the state or go into hiding. And he certainly wasn’t planning to conspire violently against the government.

Procedural and logistically errors are part of the process. If the defense finds them, then defendent gets off. OJ got off too. Thats the process

Right. You’d think in their correspondence to the guy that is already distrustful and fearful of the government, they could have double checked the date on his paperwork.

IF the system fails to the point that we cant trust the system...an its full blown tyranny...then guns would actually be warranted, but guess what, then an armed citizenry still wouldn't work. Why? Well 99.99% of folks wont actively resist. Just as many who resist will be countered by just as many citizens who dont see it as tyranny (just look at current events, half the country thinks its tyranny, the other half voted for the guy). The rest will be silenced, imprisoned, framed as violent protestors, etc

What does full blown tyranny even mean? And where did the idea come from that you need some massive number of people all agreeing to rise up to be effective against tyranny? Historically, it’s almost always a motivated minority. It’s worked before, it will likely work again in the context of human history.

Again, what does Comey do in the previous theoretical, just accept his fate?

So in the end, you are advocating for a system where any criminal can scream "Tyranny" because they dont like the charges. They can refuse to take part in the legal process and shoot at cops who come to arrest them. Nobody can agree on what tyranny is or when/how to oppose it (evident even in this thread), the overwhelming majority of anti tyranny folks are just domestic terrorists...the cases of tyranny can be handled with peaceful protests, lawsuits, etc and if the situation devolved into China levels of tyranny...well guns wont help. And of the citizens decided to rebel in China, they will find weapons anyways.

Do you think Weaver would have shot the cops if they came to his door announced and in uniform?

Interesting use of the word criminal. Facing charges doesn’t make one a criminal. But show me someone else that’s faced as much malfeasance of the government as Randy Weaver and I will likely be sympathetic if they choose not to participate in the legal process.

No, I’m advocating for a system that is instrumental to self protection, serves passively as a robust instrument against tyranny, can be utilized actively when the rest of the guardrails fail, and can’t be easily changed or taken away by an authoritarian state.

Regarding China, guns could have helped. They were forced to give them up... in order to prevent rebellion. If they are going to rebel now, where are they going to get the weapons? If you don’t think AR15s are effective against the government, what good are pitchforks and kitchen knives going to be?

I guess just accept your fate and hope for the best. Apparently your argument is the government will always work as intended. And if it doesn’t, oh well, you’re fkd.
 
So the government did nothing wrong, got it.




Is the implication here that because he was attending white supremacist and Aryan Nation meetings they he doesn’t deserve the same rights as everyone else?

There are certainly many belief systems I don’t agree with, but it would be anti-democratic of me to suggest they don’t deserve the same protections under the constitution that I do.



He could have resisted at any time during the initial arrest. He went peacefully. He passively retreated to his property. He didn’t flee the state or go into hiding. And he certainly wasn’t planning to conspire violently against the government.



Right. You’d think in their correspondence to the guy that is already distrustful and fearful of the government, they could have double checked the date on his paperwork.



What does full blown tyranny even mean? And where did the idea come from that you need some massive number of people all agreeing to rise up to be effective against tyranny? Historically, it’s almost always a motivated minority. It’s worked before, it will likely work again in the context of human history.

Again, what does Comey do in the previous theoretical, just accept his fate?



Do you think Weaver would have shot the cops if they came to his door announced and in uniform?

Interesting use of the word criminal. Facing charges doesn’t make one a criminal. But show me someone else that’s faced as much malfeasance of the government as Randy Weaver and I will likely be sympathetic if they choose not to participate in the legal process.

No, I’m advocating for a system that is instrumental to self protection, serves passively as a robust instrument against tyranny, can be utilized actively when the rest of the guardrails fail, and can’t be easily changed or taken away by an authoritarian state.

Regarding China, guns could have helped. They were forced to give them up... in order to prevent rebellion. If they are going to rebel now, where are they going to get the weapons? If you don’t think AR15s are effective against the government, what good are pitchforks and kitchen knives going to be?

I guess just accept your fate and hope for the best. Apparently your argument is the government will always work as intended. And if it doesn’t, oh well, you’re fkd.
Lol.

No the implication is that he gets the same rights as everyone...and also is expected to follow the law like everyone. You seem to think he gets to decide on his own whether he has to follow the law

He went to those meetings because he was anti government from the start.

Not sure why you keep harping on the trial date issue. He was convicted on that, and lost an appeal on that.
But i will summarize the courts findings (below) for you

He refused to contact his pre trial officer on jan 22 (who would have told him the date was moved from Feb 19 to Feb 20)
He didnt show up on Feb 19 (his original date) in which he would have been told to come on feb 20
He didn't show up on Feb 20
He didnt show up on March 20 either!!! So clearly, the wrong date issue is completely irrelevant, as confirmed by the judge, jury and appeals courts.

So give it up already

The evidence of Weaver's action to avoid notice takes two forms. First, at his arraignment, Weaver was instructed, as a condition of his release, to contact his pre-trial services officer on January 22. Weaver did not do this, and therefore did not learn of the date on which he had been scheduled to appear. This violation of the terms of his release, alone, obviated any need for the government to prove that Weaver had actual knowledge of the correct date. See Martinez, 890 F.2d at 1093 (10th Cir. 1988) (government need not prove knowledge when defendant did not receive notice because he failed to inform the court of a change of address as required by the conditions of his release).


Second, at his arraignment, Weaver was notified that his trial was set for February 19. If he had appeared on the 19th, he would have learned that the trial had been rescheduled for the 20th, and there now would be no question of adequate notice. However, Weaver conceded at oral argument that he failed to appear on the 19th. The only innocent explanation for this failure is his receipt of the letter from his pre-trial services officer, erroneously stating that the trial had been rescheduled for March 20. Yet Weaver failed to appear on March 20 also.
Weaver's undisputed knowledge that he was to go to trial sometime, the undisputed evidence that he failed to appear on the actual date set for trial or any other date that Weaver plausibly could have believed was the correct trial date, and the undisputed evidence that Weaver failed to keep in regular contact with the pre-trial services office as required by his release, compels the conclusion that Weaver actively avoided learning of the correct trial date if in fact he was not aware of it. Therefore, the government was not required to prove that Weaver had notice of the correct date. Accordingly, any error in its admission was harmless beyond a reasonable doubt.


Would he have surrended peacefully? All evidence to the contrary.

Prior threats and anti-government beliefs: Law enforcement was aware of Weaver's long-standing anti-government and white separatist beliefs and statements. The U.S. Marshals Service had collected information for years indicating Weaver's intent to engage in a violent confrontation with federal officials.
Vicki Weaver's letter: Vicki Weaver, Randy's wife, sent a letter to a friend in 1990 saying, "We have decided to stay on this mountain; you could not drag us away with chains". A threat assessment concluded the language was threatening and indicated the family would resist arrest.

This was BEFORE the siege.

What you are arguing for is a system where defendants can unilaterally decide if they are guilty or "victims" of government malfeasance. They can mount an armed resistance whenever they want. A system where constitutionally they are granted the rights to a trial by jury, but they can give that right up and stage an armed standoff.

Then you seem to try to make an argument that the same corrupt legal system somehow wasn't corrupt when it found him innocent of the siege related issues, but WAS corrupt when it found him guilty of the trial date and bail issues, but then wasnt corrupt when he got off of the weapons charges via entrapment.


Then you try to argue that he didn't intend to violently resist. Ok, so what happens when an armed individual barricades themselves in their home, refuses for MONTHS to surrender peacefully and refuses to go to court. What should the government do? Walk away? Good to know that's all it takes to get out of criminal charges. Just gotta barricade myself with my gun and the government is supposed to give up

Makes no sense at all.


"No, I’m advocating for a system that is instrumental to self protection, serves passively as a robust instrument against tyranny, can be utilized actively when the rest of the guardrails fail, and can’t be easily changed or taken away by an authoritarian state."

Thats a bunch of vague nonsense. Its advocating for a system that nobody know when to use it, how to use it, or which people get to use it. No evidence that it works any better than peaceful routes..its arguably worse in most cases. And the authoritarian state has to somehow be authoritarian enough to warrant its use, but not authoritarian enough to prevent its use.

But it explains why the examples of its " success" are non-existent.
 
" He certainly wasnt planning to conspire violently against the government"

He certainly was. He repeatedly threatened officers, told him he wasnt going to go peacefully

The matter was referred to the U.S. Marshals Service, which learned that Weaver had attended Aryan World Congresses and that he and his family were constantly armed. Weaver sent a letter to the local sheriff, stating the he would not leave his cabin and that law enforcement officers would have to take him out. The Weavers "felt as though the end [was] near." Weaver was quoted as threatening to shoot law enforcement officers, who came to arrest him. Weaver and his family remained in a cabin, atop an isolated mountain.

Between March 1991 and August 1992, the marshals undertook a series of efforts to convince Weaver to surrender. They also made plans to arrest Weaver without harm to law enforcement officers or the Weaver family, particularly the children. The marshals exchanged messages with Weaver through intermediaries, until the U.S. Attorney directed that all communications go through Weaver's appointed counsel (with whom Weaver would not speak).
Teams from the Marshals Service Special Operations Group ("SOG") conducted surveillance of the Weavers' mountaintop property to devise methods to take Weaver into custody safely. Surveillance cameras were installed and aerial photographs were taken of the property. The marshals observed that Weaver and his children responded to approaching persons and vehicles by taking armed positions over the driveway leading to the Weaver cabin. During this period, Weaver continued to make statements that he would not surrender peacefully and that his family was prepared to defend him.
 
Not sure why you keep harping on the trial date issue. He was convicted on that, and lost an appeal on that.
But i will summarize the courts findings (below) for you

He refused to contact his pre trial officer on jan 22 (who would have told him the date was moved from Feb 19 to Feb 20)
He didnt show up on Feb 19 (his original date) in which he would have been told to come on feb 20
He didn't show up on Feb 20
He didnt show up on March 20 either!!! So clearly, the wrong date issue is completely irrelevant, as confirmed by the judge, jury and appeals courts.

He received a letter January 21st, predating most of the events you are talking about, that his trial date was April 20th. He is on record as saying the letter sowed further distrust in the system. Again, a guy already distrustful of the government was already entrapped by the government, arrested in a covert action (where he didn’t resist), had a magistrate admittedly lie to him and threaten his property, and they couldn’t communicate his court dates to him accurately. The court dates are just another symptom of the problem that you seem to think didn’t exist.


Would he have surrended peacefully? All evidence to the contrary.

Prior threats and anti-government beliefs: Law enforcement was aware of Weaver's long-standing anti-government and white separatist beliefs and statements. The U.S. Marshals Service had collected information for years indicating Weaver's intent to engage in a violent confrontation with federal officials.
Vicki Weaver's letter: Vicki Weaver, Randy's wife, sent a letter to a friend in 1990 saying, "We have decided to stay on this mountain; you could not drag us away with chains". A threat assessment concluded the language was threatening and indicated the family would resist arrest.

Oh my God they wrote a letter! That’s the same BS the government tried to use against him in court. Guess what, the jury didn’t buy it either. Not guilty of conspiracy. Apparently you don’t believe in the first amendment either.


What you are arguing for is a system where defendants can unilaterally decide if they are guilty or "victims" of government malfeasance. They can mount an armed resistance whenever they want. A system where constitutionally they are granted the rights to a trial by jury, but they can give that right up and stage an armed standoff.

Then you seem to try to make an argument that the same corrupt legal system somehow wasn't corrupt when it found him innocent of the siege related issues, but WAS corrupt when it found him guilty of the trial date and bail issues, but then wasnt corrupt when he got off of the weapons charges via entrapment.

What are you talking about? If you are a victim of government malfeasance, and you aren't going to get a fair trial, that absolutely plays into the calculus if and how you are going to resist. You act like this is some huge problem, it isn’t. The system thankfully works in the vast majority of cases, doesn’t mean it’s guaranteed to.

The governments actions against Weaver fit as he wasn’t both a victim of government malfeasance and believed he wouldn’t have a fair trial.

The issue with the court dates isn’t whether he was guilty or innocent of the charge, it’s just another example of how the government further undermined their own competency and sowed further doubt that he would be treated fairly.

Only after the events and the publicity, was a fair trial ensured. And the government was found to be in the wrong.

Then you try to argue that he didn't intend to violently resist. Ok, so what happens when an armed individual barricades themselves in their home, refuses for MONTHS to surrender peacefully and refuses to go to court. What should the government do? Walk away? Good to know that's all it takes to get out of criminal charges. Just gotta barricade myself with my gun and the government is supposed to give up


You know what they do, they don’t focus on assault first protocols, with shoot first ROE and loose oversight.

They empathize negotiation and deescalation. They exercise patience, coordination, and containment.

Then you get better outcomes like Bundy ranch, the republic of Texas standoff, the Montana freeman standoff, etc.

You know who you have to thank for those changes?

Randy Weaver.

Thats a bunch of vague nonsense. Its advocating for a system that nobody know when to use it, how to use it, or which people get to use it. No evidence that it works any better than peaceful routes..its arguably worse in most cases. And the authoritarian state has to somehow be authoritarian enough to warrant its use, but not authoritarian enough to prevent its use.

But it explains why the examples of its " success"

It’s pretty clear. I can’t understand it for you. Any citizen can use it. Peaceful solutions don’t always work. The system doesn’t always work. Having to have somebody tell you when you need use your rights means you don’t understand your rights. I’m not surprised, its a pretty liberal mindset. Having a 2nd amendment, and God forbid needing to use it in that capacity, seems like a better alternative to me than to just throw your hands up and say you’re fck’d.
 
He received a letter January 21st, predating most of the events you are talking about, that his trial date was April 20th. He is on record as saying the letter sowed further distrust in the system. Again, a guy already distrustful of the government was already entrapped by the government, arrested in a covert action (where he didn’t resist), had a magistrate admittedly lie to him and threaten his property, and they couldn’t communicate his court dates to him accurately. The court dates are just another symptom of the problem that you seem to think didn’t exist.




Oh my God they wrote a letter! That’s the same BS the government tried to use against him in court. Guess what, the jury didn’t buy it either. Not guilty of conspiracy. Apparently you don’t believe in the first amendment either.




What are you talking about? If you are a victim of government malfeasance, and you aren't going to get a fair trial, that absolutely plays into the calculus if and how you are going to resist. You act like this is some huge problem, it isn’t. The system thankfully works in the vast majority of cases, doesn’t mean it’s guaranteed to.

The governments actions against Weaver fit as he wasn’t both a victim of government malfeasance and believed he wouldn’t have a fair trial.

The issue with the court dates isn’t whether he was guilty or innocent of the charge, it’s just another example of how the government further undermined their own competency and sowed further doubt that he would be treated fairly.

Only after the events and the publicity, was a fair trial ensured. And the government was found to be in the wrong.




You know what they do, they don’t focus on assault first protocols, with shoot first ROE and loose oversight.

They empathize negotiation and deescalation. They exercise patience, coordination, and containment.

Then you get better outcomes like Bundy ranch, the republic of Texas standoff, the Montana freeman standoff, etc.

You know who you have to thank for those changes?

Randy Weaver.



It’s pretty clear. I can’t understand it for you. Any citizen can use it. Peaceful solutions don’t always work. The system doesn’t always work. Having to have somebody tell you when you need use your rights means you don’t understand your rights. I’m not surprised, its a pretty liberal mindset. Having a 2nd amendment, and God forbid needing to use it in that capacity, seems like a better alternative to me than to just throw your hands up and say you’re fck’d.
Yes he received a letter, and then still didnt show up even on the incorrect date.

The judge, jury and appeals court all ruled against the letter being relevant at all. Not sure why you are dying on that hill.

Not sure what the 1st amendment has to do with anything.

You a said he certainly wasnt planning a violent resistance...he expressed his 1st amendment right along with his actions to do just that.

There is zero evidence that publicity had any effect on the jury.

"If you arent going to get a fair trial"

Zero evidence for that. The guy didnt trust the government beforehand..there were no circumstances under which he would "trust" the government. So your argument would give a free pass to any anti government group to just bypass the justice system and staged an armed resistance...simply because they dont "believe" they would get a fair trial


"They empathize negotiation and deescalation. They exercise patience, coordination, and containment"

Yes, they tried all of those things, and he refused...for months. After all, you said he didnt trust/believe the government...so why would you suddenly expect negotiations to work. Which is it?

There are thousands of sting operations. Drug buys, gun buys, prostitution. Guess what, they all claim "entrapment" as a defense. There are legal standards that must be met by both sides. If they arent, then the case gets decided one way or another based on that

In your world, the defense can just claim that the government was mean to them, or that they dont trust the government and they get off! No trial needed. Cant trust it anyways. Heck, dont even need to show up...just ignore all the court notices and load up the guns
 
The judge, jury and appeals court all ruled against the letter being relevant at all. Not sure why you are dying on that hill.

Again. I’m not making the claim that he was innocent because of the typo. I’m claiming it sowed further discord, and distrust. Congressional investigations concluded it was a contributing factor to his refusal to surrender.

Not sure what the 1st amendment has to do with anything.

You a said he certainly wasnt planning a violent resistance...he expressed his 1st amendment right along with his actions to do just that.

He was a veteran living a quiet, albeit strange life in seclusion.

He wasn’t planning anything. He committed no action against the government. You are presenting the same case government did. “Look these letters, these letters are proof of conspiracy, he was going to attack the government.”

He exercised his first amendment protected right in speaking against the government. You are trying to use that as evidence he wasn’t going to “go quietly”. I sure hope you don’t think that is the stance we should take against anybody that speaks out against the system.

There was no harm and nothing tying him to conspiracy against the government. He was found NOT guilty on the charge.


"If you arent going to get a fair trial"

Zero evidence for that. The guy didnt trust the government beforehand..there were no circumstances under which he would "trust" the government. So your argument would give a free pass to any anti government group to just bypass the justice system and staged an armed resistance...simply because they dont "believe" they would get a fair trial

He ultimately did rely on the process. AFTER was talked down by NON GOVERNMENT intermediaries and convinced he would get his day in court.

It’s a hell of an assumption to assume he would have before the events. Again, entrapped and lied to before the it even started.

"They empathize negotiation and deescalation. They exercise patience, coordination, and containment"

Yes, they tried all of those things, and he refused...for months. After all, you said he didnt trust/believe the government...so why would you suddenly expect negotiations to work. Which is it?

Because negotiations ultimately did work!

They did absolutely none of those things. In fact, one of their great plans was to kidnap his kids and leverage them against him. Instead they stalked around his property with a license to kill. Great plan.


There are thousands of sting operations. Drug buys, gun buys, prostitution. Guess what, they all claim "entrapment" as a defense. There are legal standards that must be met by both sides. If they arent, then the case gets decided one way or another based on that

In your world, the defense can just claim that the government was mean to them, or that they dont trust the government and they get off! No trial needed. Cant trust it anyways. Heck, dont even need to show up...just ignore all the court notices and load up the guns

Claiming entrapment and being entrapped aren’t one and the same. And I’m sure a non zero amount of entrapment cases went on to a guilty verdict despite the malfeasance of the government. No?

I know you don’t believe the government did anything wrong in Weaver’s case which is insane to me. I’m also getting the vibe you think people need to have their rights spelled out to them and be told when it is right or wrong to exercise them, which is also insane. Which is why I understand this is hard for you to grasp.

Weaver was entrapped, lied to, assaulted, and had family members murdered because of the government, because of what he was. The government undoubtedly could have handled the situation differently at many different steps. This is what happens when you start labeling people guilty and make them prove their innocence. Which is NOT how the system is supposed to work. Randy saw that a mile away. So did the jury when he was ultimately able to use the system on fair terms as it was intended.
 
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Does anyone ever talk about the "well regulated militia" part of 2a? Well regulated means training, goals, discipline, lack of being crazy, background checks. No one talks about this? Its just blow past straight thru to let anyone who wants buy a tank

Are you serious?

We talked about this, specifically, in this thread, two weeks ago.

You wrote:

Also pls read the 2nd amendment start to finish if you can. Its all relevant but you Elmer fudd type characters ignore the 1st 4 words

To which I responded:

You're probably one of those people who thinks "well regulated" - as written and intended by the people who wrote it - means subject to administration and control by state or federal government.

It's a common mistake.

The phrase "well regulated" as written by the authors of the second amendment meant "effective" and possibly "capable" - it had nothing at all to do with regulation (or background checks) in a more modern sense.

I would agree with your assertion that it includes "training, goals, discipline" as well, as these are key to competency.


Next up: what "militia" meant. 🙂
 
This is an insane level of debate
Are you serious?

We talked about this, specifically, in this thread, two weeks ago.

You wrote:



To which I responded:



The phrase "well regulated" as written by the authors of the second amendment meant "effective" and possibly "capable" - it had nothing at all to do with regulation (or background checks) in a more modern sense.

I would agree with your assertion that it includes "training, goals, discipline" as well, as these are key to competency.


Next up: what "militia" meant. 🙂
Sorry missed that post.
Well yes id prefer a definition of militia to what randy weaver ate for breakfast this last few pages
 
Again. I’m not making the claim that he was innocent because of the typo. I’m claiming it sowed further discord, and distrust. Congressional investigations concluded it was a contributing factor to his refusal to surrender.



He was a veteran living a quiet, albeit strange life in seclusion.

He wasn’t planning anything. He committed no action against the government. You are presenting the same case government did. “Look these letters, these letters are proof of conspiracy, he was going to attack the government.”

He exercised his first amendment protected right in speaking against the government. You are trying to use that as evidence he wasn’t going to “go quietly”. I sure hope you don’t think that is the stance we should take against anybody that speaks out against the system.

There was no harm and nothing tying him to conspiracy against the government. He was found NOT guilty on the charge.




He ultimately did rely on the process. AFTER was talked down by NON GOVERNMENT intermediaries and convinced he would get his day in court.

It’s a hell of an assumption to assume he would have before the events. Again, entrapped and lied to before the it even started.



Because negotiations ultimately did work!

They did absolutely none of those things. In fact, one of their great plans was to kidnap his kids and leverage them against him. Instead they stalked around his property with a license to kill. Great plan.




Claiming entrapment and being entrapped aren’t one and the same. And I’m sure a non zero amount of entrapment cases went on to a guilty verdict despite the malfeasance of the government. No?

I know you don’t believe the government did anything wrong in Weaver’s case which is insane to me. I’m also getting the vibe you think people need to have their rights spelled out to them and be told when it is right or wrong to exercise them, which is also insane. Which is why I understand this is hard for you to grasp.

Weaver was entrapped, lied to, assaulted, and had family members murdered because of the government, because of what he was. The government undoubtedly could have handled the situation differently at many different steps. This is what happens when you start labeling people guilty and make them prove their innocence. Which is NOT how the system is supposed to work. Randy saw that a mile away. So did the jury when he was ultimately able to use the system on fair terms as it was intended.
A typo sowing further discord is meaningless because its not a legal or moral justification. Distrust of the government is not a legal defense. It only serves as additional motive for him.

Its does not justify the use of guns, violence, or 2A. So it's irrelevant to the discussion and irrelevant to potential valid uses of 2A against tyranny

I never said he was GOING to attack the government. His letters and actions said that he was not going to surrender peacefully or go to court. And he didn't, for over a year. It certainly contributed to the escalation in response from the government which escalated Weavers response, etc. Jury found that there wasnt enough to find him guilty for the events during the siege (maybe because the Jury felt sorry for him that his wife and son died, maybe not, irrelevant)

Claiming Entrapment is a legal defense that all defendants claim for similar crimes. The defense has to prove it and the prosecutor has to refute it. Its how the legal process works. If entrapment is confirmed, its not tyranny

Claiming entrapment, whether true or not, is NOT a justification for armed resistance. Otherwise we would have thousands of standoffs

Claiming that you dont trust the government is NOT justification for armed resistance. Otherwise we would have thousands of standoffs

So at the start of the whole chain of events...he had zero legal justification for resisting or refusing to go to court (and he found guilty for that)

In order to theoretically justify the use of 2A to check tyranny (as a last resort, when non violent means have been exhausted)...he would have needed to exhaust his non violent means.

He refused to go to court, refused to seek a trial by his peers. Even if he was found guilty, he could have appealed. There would need to be some evidence/consensus that the police/prosecutor/judge/jury/government were somehow corrupt as well.

THEN, you could argue that force would be justified at that point. But he didnt even want to go to court.
 
A typo sowing further discord is meaningless because its not a legal or moral justification. Distrust of the government is not a legal defense. It only serves as additional motive for him.

Its does not justify the use of guns, violence, or 2A. So it's irrelevant to the discussion and irrelevant to potential valid uses of 2A against tyranny

I never said he was GOING to attack the government. His letters and actions said that he was not going to surrender peacefully or go to court. And he didn't, for over a year. It certainly contributed to the escalation in response from the government which escalated Weavers response, etc. Jury found that there wasnt enough to find him guilty for the events during the siege (maybe because the Jury felt sorry for him that his wife and son died, maybe not, irrelevant)

Claiming Entrapment is a legal defense that all defendants claim for similar crimes. The defense has to prove it and the prosecutor has to refute it. Its how the legal process works. If entrapment is confirmed, its not tyranny

Claiming entrapment, whether true or not, is NOT a justification for armed resistance. Otherwise we would have thousands of standoffs

Claiming that you dont trust the government is NOT justification for armed resistance. Otherwise we would have thousands of standoffs

So at the start of the whole chain of events...he had zero legal justification for resisting or refusing to go to court (and he found guilty for that)

In order to theoretically justify the use of 2A to check tyranny (as a last resort, when non violent means have been exhausted)...he would have needed to exhaust his non violent means.

He refused to go to court, refused to seek a trial by his peers. Even if he was found guilty, he could have appealed. There would need to be some evidence/consensus that the police/prosecutor/judge/jury/government were somehow corrupt as well.

THEN, you could argue that force would be justified at that point. But he didnt even want to go to court.


The thought being, why seek a trial if it isn’t going to be a fair trial. I tend to agree with him in this particular case.

Dead horse has been pounded to dust.

My takeaway thus far, is that we are never going to have a real conversation about actual ways to mitigate gun violence.

There are three groups of people. There are the ultra pro 2A, no amount of death or destruction is going to move them an inch. I’m less worried about this group because it’s a very small cohort of people, given that surveys show MOST gun owners are in favor of at least some types of restrictions on 2A.

That brings us to the second group of people. The group that has to decide when a grain of sand becomes a heap in terms of gun violence. They favor some type of restrictions, but realize there will always be a non zero number of gun deaths as long as there are guns. This includes most Republicans. I’d argue it used to include most people.

Then there is the ever-growing third group. If you’ve convinced me of anything, it’s that they are the most dangerous. This is the group that has functionally (and wrongly) rationalized no practical use for the 2nd amendment. It’s ineffective against tyranny: there are no modern examples of it working, non violent methods are just as effective, you’d need “weapons of war”, etc. They certainly extend that argument to self defense: the system punishes, vigilantism is enethical, its law enforcements job, you are more likely to be a victim of gun violence if you carry a gun, etc. Leaves hunting, which is already an antiquated and unnecessary practice and doesn’t necessarily require firearms.

No amount of “common sense” gun laws will ever be enough for this group. Even one death doesn’t justify private gun ownership, let alone a 2nd amendment. They capitalize on sensationalism which drives key parts of their strategy, like banning assault weapons, banning high capacity magazines, focusing on already illegal devices like “Glock switches”, all of which would be low impact on actual gun violence. They take every opportunity to chastise gun owners anytime gun violence hits the news cycle.

Why would we even start to have an open and honest discussion about what could be done to address gun violence when we know this is the end goal of the opposition?

 
The thought being, why seek a trial if it isn’t going to be a fair trial. I tend to agree with him in this particular case.

Dead horse has been pounded to dust.

My takeaway thus far, is that we are never going to have a real conversation about actual ways to mitigate gun violence.

There are three groups of people. There are the ultra pro 2A, no amount of death or destruction is going to move them an inch. I’m less worried about this group because it’s a very small cohort of people, given that surveys show MOST gun owners are in favor of at least some types of restrictions on 2A.

That brings us to the second group of people. The group that has to decide when a grain of sand becomes a heap in terms of gun violence. They favor some type of restrictions, but realize there will always be a non zero number of gun deaths as long as there are guns. This includes most Republicans. I’d argue it used to include most people.

Then there is the ever-growing third group. If you’ve convinced me of anything, it’s that they are the most dangerous. This is the group that has functionally (and wrongly) rationalized no practical use for the 2nd amendment. It’s ineffective against tyranny: there are no modern examples of it working, non violent methods are just as effective, you’d need “weapons of war”, etc. They certainly extend that argument to self defense: the system punishes, vigilantism is enethical, its law enforcements job, you are more likely to be a victim of gun violence if you carry a gun, etc. Leaves hunting, which is already an antiquated and unnecessary practice and doesn’t necessarily require firearms.

No amount of “common sense” gun laws will ever be enough for this group. Even one death doesn’t justify private gun ownership, let alone a 2nd amendment. They capitalize on sensationalism which drives key parts of their strategy, like banning assault weapons, banning high capacity magazines, focusing on already illegal devices like “Glock switches”, all of which would be low impact on actual gun violence. They take every opportunity to chastise gun owners anytime gun violence hits the news cycle.

Why would we even start to have an open and honest discussion about what could be done to address gun violence when we know this is the end goal of the opposition?


I find much of what you say to be hyperbolic and you make over-generalizations, but at least you are internally consistent. However, you left out a 4th group and what'd I'd argue is the most dangerous: the National Riffle Association. The NRA used to be an organization devoted to recreational gun uses.

It has evolved nto a most powerful political organization. Is it heavily involved in lobbying Congress. The NRA vehemently opposes any type of gun restrictions, even sensible ones. As long as they have a very loud voice in the Congressman's ear, progress through federal legislation is all but impossible. That also makes it difficult for our government leaders to have a real dialog on ways to mitigate gun violence. The NRA has too much power. They need to go. Lobbying needs to go, too, but that's another conversation.
 
The thought being, why seek a trial if it isn’t going to be a fair trial. I tend to agree with him in this particular case.

Dead horse has been pounded to dust.

My takeaway thus far, is that we are never going to have a real conversation about actual ways to mitigate gun violence.

There are three groups of people. There are the ultra pro 2A, no amount of death or destruction is going to move them an inch. I’m less worried about this group because it’s a very small cohort of people, given that surveys show MOST gun owners are in favor of at least some types of restrictions on 2A.

That brings us to the second group of people. The group that has to decide when a grain of sand becomes a heap in terms of gun violence. They favor some type of restrictions, but realize there will always be a non zero number of gun deaths as long as there are guns. This includes most Republicans. I’d argue it used to include most people.

Then there is the ever-growing third group. If you’ve convinced me of anything, it’s that they are the most dangerous. This is the group that has functionally (and wrongly) rationalized no practical use for the 2nd amendment. It’s ineffective against tyranny: there are no modern examples of it working, non violent methods are just as effective, you’d need “weapons of war”, etc. They certainly extend that argument to self defense: the system punishes, vigilantism is enethical, its law enforcements job, you are more likely to be a victim of gun violence if you carry a gun, etc. Leaves hunting, which is already an antiquated and unnecessary practice and doesn’t necessarily require firearms.

No amount of “common sense” gun laws will ever be enough for this group. Even one death doesn’t justify private gun ownership, let alone a 2nd amendment. They capitalize on sensationalism which drives key parts of their strategy, like banning assault weapons, banning high capacity magazines, focusing on already illegal devices like “Glock switches”, all of which would be low impact on actual gun violence. They take every opportunity to chastise gun owners anytime gun violence hits the news cycle.

Why would we even start to have an open and honest discussion about what could be done to address gun violence when we know this is the end goal of the opposition?

Lots of overgeneralizing there. But i am sure thats the point.

So just to confirm then, your only requirements for someone to call on the 2A and arm themselves and violently resist are a distrust of government and an assumption that they won't get a fair trial. Seems to be a very low bar

So, George Floyd comes to mind. Certainly he met that requirement. After all, he was arrested by 4 cops who lied and made misleading statements. And killed george Floyd, even though george was unarmed and overpowered (vs weaver who was armed and not killed)

So should George floyd have used a gun and defended himself? Should the protestors have been justified in expressing their 2a rights and staged a violent battle with police. Seems like you said the protestors were left wong terrorists though.

I am trying to reconcile here so that everyone can be aware ahead of time regarding when they are ok to violently resist.
 
Lots of overgeneralizing there. But i am sure thats the point.

So just to confirm then, your only requirements for someone to call on the 2A and arm themselves and violently resist are a distrust of government and an assumption that they won't get a fair trial. Seems to be a very low bar

So, George Floyd comes to mind. Certainly he met that requirement. After all, he was arrested by 4 cops who lied and made misleading statements. And killed george Floyd, even though george was unarmed and overpowered (vs weaver who was armed and not killed)

So should George floyd have used a gun and defended himself? Should the protestors have been justified in expressing their 2a rights and staged a violent battle with police. Seems like you said the protestors were left wong terrorists though.

I am trying to reconcile here so that everyone can be aware ahead of time regarding when they are ok to violently resist.

Could George Floyd legally own a gun at the time of his attack?

I mean since it was actually murder, there is a really good argument, as well as potential legal justification for self defense.
 
I find much of what you say to be hyperbolic and you make over-generalizations, but at least you are internally consistent. However, you left out a 4th group and what'd I'd argue is the most dangerous: the National Riffle Association. The NRA used to be an organization devoted to recreational gun uses.

Well that’s the gist of the argument as I see it. There is no justification for the 2nd amendment. Ban the guns. I find the whole justification for the argument hyperbolic.

It has evolved nto a most powerful political organization. Is it heavily involved in lobbying Congress. The NRA vehemently opposes any type of gun restrictions, even sensible ones. As long as they have a very loud voice in the Congressman's ear, progress through federal legislation is all but impossible. That also makes it difficult for our government leaders to have a real dialog on ways to mitigate gun violence. The NRA has too much power. They need to go. Lobbying needs to go, too, but that's another conversation.


Well they weren’t always that way. They supported major “common sense” gun reform for most of the 20th century. The change is largely due to the third group. They don’t currently support “senseless gun control measures. They are one of several pro gun lobbying groups in that regard.

But sure, we should get rid of all the lobbyists. I agree. I have no problem with that.
 
Could George Floyd legally own a gun at the time of his attack?

I mean since it was actually murder, there is a really good argument, as well as potential legal justification for self defense.
Are we only allowed to check tyranny with a gun?

I agree it was murder. But Pretty difficult to claim self defense if police are claiming resisting arrest.

So since he isn't around. Aren't the BLM protestors allowed to check tyranny by staging violent protests? Certainly , many BLM protestors have come from generations of government oppression. George Floyd had all of his rights permanently taken from him by police. A few protesters did, but they were widely criticized by conservatives.

Why does Weaver get to violently protest but BLM protestors don't?
 
Well yes id prefer a definition of militia to what randy weaver ate for breakfast this last few pages

The modern federal definition isn't vague at all, it's right there in black and white in 10 USC 246:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.


So even the most modern legal defiition states that the "militia" includes every able-bodied male between the age of 17 and 45 who isn't already in the military.

The historical basis of the term, dating back to the Revolution and when the Constitution was written, was even more generally encompassing of, well, everyone.


The larger point here is that the phrase "well regulated militia" in the 2nd Amendment has absolutely nothing to do with a formally organized, state-directed, beset-by-"regulations" or commanded by titled/appointed officers, group of Army-ish people. It's every able bodied citizen who isn't part of a formally organized, state-directed, beset-by-"regulations" and commanded by titled/appointed officers extra Army.

It's why I always get a little tired when gun control advocates spout off about the first four words of the 2nd Amendment, as if that prefatory clause is some kind of checkmate line that justifies ... no, demands ... limitations and regulations on individual firearm ownership. The truth is the opposite.
 
The modern federal definition isn't vague at all, it's right there in black and white in 10 USC 246:



So even the most modern legal defiition states that the "militia" includes every able-bodied male between the age of 17 and 45 who isn't already in the military.

The historical basis of the term, dating back to the Revolution and when the Constitution was written, was even more generally encompassing of, well, everyone.


The larger point here is that the phrase "well regulated militia" in the 2nd Amendment has absolutely nothing to do with a formally organized, state-directed, beset-by-"regulations" or commanded by titled/appointed officers, group of Army-ish people. It's every able bodied citizen who isn't part of a formally organized, state-directed, beset-by-"regulations" and commanded by titled/appointed officers extra Army.

It's why I always get a little tired when gun control advocates spout off about the first four words of the 2nd Amendment, as if that prefatory clause is some kind of checkmate line that justifies ... no, demands ... limitations and regulations on individual firearm ownership. The truth is the opposite.
Kinda funny though

Some of the (bad( examples given for why 2A is a check on tyranny, were the roles of the militia in the mexican and Spanish American wars...even the revolutionary war

But now militias arent supposed to be involved

So which is it?
 
Are we only allowed to check tyranny with a gun?

No. I think we’ve covered at length the variety of ways that the system is inherently a check against tyranny, if it’s working the way it’s supposed to.

But 2A is the theme of the thread.

agree it was murder. But Pretty difficult to claim self defense if police are claiming resisting arrest.

Well you said he fit the requirements, and asked if he should have used a gun.

Never said it wasn’t a high bar. Said there were potential legal avenues that could have justified resisting.

The “police” claimed murder in the Ruby Ridge case, didn’t stick.

Why does Weaver get to violently protest but BLM protestors don't?

They can and they did.

So since he isn't around. Aren't the BLM protestors allowed to check tyranny by staging violent protests? Certainly , many BLM protestors have come from generations of government oppression. George Floyd had all of his rights permanently taken from him by police. A few protesters did, but they were widely criticized by conservatives.


Part of the problem is you are really trying to shoe horn BLM and Floyd into a false equivalence with Ruby Ridge or any of the other examples we’ve talked about. For one, there is no application of 2A.

I’m not really sure what to make of the many violent protestors facing generations of government oppression comment. For one, thats a bit of an assumption with racial overtones. It’s also true that many of the violent protestors didn’t experience oppression of any kind.

But to answer your question, are they allowed to? Yes.

Did it fit the criteria we’ve been talking about for weeks, ABSOLUTELY NOT. With the exception of potential isolated immediate self defense action.

Was there a just cause? I’ll concede there was, though many argue there was not.

Was it a last resort? NO. The vast majority of protests were peaceful and effective. Legal avenues were unabated and ultimately effective.

Was it proportional? NO. Billions in damages to infrastructure not even related to law enforcement.

Was there a reasonable chance of success through violence? NO. The violence was sporadic and uncoordinated, emotional and reactionary. It actually turned media coverage away from the cause and shifted the narrative to the violence, directly contributing to the loss of public sympathy.

Was 2A involved? NO.

They went out and picked a fight or just wanted to watch things burn. In many cases the movement and those sympathetic to the movement tried to distance themselves from the violence or directly state the people being violent were not even part of the movement.

The violence ultimately did more harm to the movement overshadowing the many peaceful protests and affecting public opinion negatively.

Nothing in the violent part of the BLM protests fit with the setting or sequence of events at Ruby ridge.
 
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Some of the (bad( examples given for why 2A is a check on tyranny, were the roles of the militia in the mexican and Spanish American wars...even the revolutionary war

That’s literally what militias were at the time, genius. “The body of the people”. Any dude that wanted to show up and fight. Think your neighbor and his ar15.
 
Kinda funny though

Some of the (bad( examples given for why 2A is a check on tyranny, were the roles of the militia in the mexican and Spanish American wars...even the revolutionary war

But now militias arent supposed to be involved

So which is it?
Gotta love it. Why cant it be both? As long as it suits your narrative you can make up whatever you want...

I mean of course the modern citizen understands what a 200 year old slave owner meant
 
Gotta love it. Why cant it be both? As long as it suits your narrative you can make up whatever you want...

I mean of course the modern citizen understands what a 200 year old slave owner meant
You don't get to pretend the 2nd Amendment means something it doesn't.

If you don't like what it says, your best remedy is to repeal the 2nd Amendment. The mechanism for doing so is right there in the Constitution. Feel free.

You've enjoyed judges that were broadly sympathetic to gun control for most of the last 150 years. Between the Civil War and Heller, it was a constant, uninterrupted progression of more and more restrictions, mostly spurred by the need to keep poor people and especially uppity black ex-slaves in check.

Judges that put the 2nd on equal footing to the 1st are a more recent majority. Your second best remedy to the ills you perceive is getting different judges appointed. Maybe McConnell and the Heritage Foundation and the Federalist Society have some tips for you.
 
You don't get to pretend the 2nd Amendment means something it doesn't.

If you don't like what it says, your best remedy is to repeal the 2nd Amendment. The mechanism for doing so is right there in the Constitution. Feel free.

You've enjoyed judges that were broadly sympathetic to gun control for most of the last 150 years. Between the Civil War and Heller, it was a constant, uninterrupted progression of more and more restrictions, mostly spurred by the need to keep poor people and especially uppity black ex-slaves in check.

Judges that put the 2nd on equal footing to the 1st are a more recent majority. Your second best remedy to the ills you perceive is getting different judges appointed. Maybe McConnell and the Heritage Foundation and the Federalist Society have some tips for you.
The usual reply after the logic behind the 2A falls apart...
 
The usual reply after the logic behind the 2A falls apart...

That's your take on it. Obviously, there are sharp divides on how the 2A is viewed. The amendment is there, like it or not. If you think it's no longer relevant to modern society, you can work to have it repealed or the language modified.
 
The usual reply after the logic behind the 2A falls apart...
You've written pages of emotional arguments. I've written a few posts with specifics.

We've had this conversation before. Your inability to understand or unwillingness accept the core facts in my explanations is the same as always.

We are where we are. The law is what it is. The Constitution says what it says. SCOTUS has ruled what it has ruled. Here we are. If you're just here to vent, OK, keep doing your chess-playing-pigeon impression ... strut over the board, kick the pieces over, and act like you've won something.
 
No. I think we’ve covered at length the variety of ways that the system is inherently a check against tyranny, if it’s working the way it’s supposed to.

But 2A is the theme of the thread.



Well you said he fit the requirements, and asked if he should have used a gun.

Never said it wasn’t a high bar. Said there were potential legal avenues that could have justified resisting.

The “police” claimed murder in the Ruby Ridge case, didn’t stick.



They can and they did.




Part of the problem is you are really trying to shoe horn BLM and Floyd into a false equivalence with Ruby Ridge or any of the other examples we’ve talked about. For one, there is no application of 2A.

I’m not really sure what to make of the many violent protestors facing generations of government oppression comment. For one, thats a bit of an assumption with racial overtones. It’s also true that many of the violent protestors didn’t experience oppression of any kind.

But to answer your question, are they allowed to? Yes.

Did it fit the criteria we’ve been talking about for weeks, ABSOLUTELY NOT. With the exception of potential isolated immediate self defense action.

Was there a just cause? I’ll concede there was, though many argue there was not.

Was it a last resort? NO. The vast majority of protests were peaceful and effective. Legal avenues were unabated and ultimately effective.

Was it proportional? NO. Billions in damages to infrastructure not even related to law enforcement.

Was there a reasonable chance of success through violence? NO. The violence was sporadic and uncoordinated, emotional and reactionary. It actually turned media coverage away from the cause and shifted the narrative to the violence, directly contributing to the loss of public sympathy.

Was 2A involved? NO.

They went out and picked a fight or just wanted to watch things burn. In many cases the movement and those sympathetic to the movement tried to distance themselves from the violence or directly state the people being violent were not even part of the movement.

The violence ultimately did more harm to the movement overshadowing the many peaceful protests and affecting public opinion negatively.

Nothing in the violent part of the BLM protests fit with the setting or sequence of events at Ruby ridge.
Gotcha

So it seems that a check on tyranny only works if its a gun. So the BLM protestors should have just used guns instead of burning things and looting...then it would be justified in your mind

BLM legal avenues worked .AFTER they tried them. Problem with Weaver .he didn't even try them. So you seem to prefer guns first then legal system

And good to know that protesters violence doesnt work..unless they use guns...the it works?

Makes total sense..
 
The modern federal definition isn't vague at all, it's right there in black and white in 10 USC 246:



So even the most modern legal defiition states that the "militia" includes every able-bodied male between the age of 17 and 45 who isn't already in the military.

The historical basis of the term, dating back to the Revolution and when the Constitution was written, was even more generally encompassing of, well, everyone.


The larger point here is that the phrase "well regulated militia" in the 2nd Amendment has absolutely nothing to do with a formally organized, state-directed, beset-by-"regulations" or commanded by titled/appointed officers, group of Army-ish people. It's every able bodied citizen who isn't part of a formally organized, state-directed, beset-by-"regulations" and commanded by titled/appointed officers extra Army.

It's why I always get a little tired when gun control advocates spout off about the first four words of the 2nd Amendment, as if that prefatory clause is some kind of checkmate line that justifies ... no, demands ... limitations and regulations on individual firearm ownership. The truth is the opposite.
So..if they arent able bodied. Then no guns?
 
So it seems that a check on tyranny only works if its a gun. So the BLM protestors should have just used guns instead of burning things and looting...then it would be justified in your mind

No, we are discussing 2A. There are lots of checks. We’ve talked about many of them. Three branches of government, elected officials, free and fair elections, free press, free assembly, etc. Virtually every amendment in the constitution is a check against tyranny.

Neither case would have been justified in my mind.

BLM legal avenues worked .AFTER they tried them. Problem with Weaver .he didn't even try them. So you seem to prefer guns first then legal system

That is literally not consistent with anything I’ve said. You know that.


And good to know that protesters violence doesnt work..unless they use guns...the it works?

No, it can work. You just chose a really poor example. I mean, it would certainly be a fringe opinion that BLM violence was a net positive for the movement. Not a good look when your example has more similarities to Timothy McVeigh than Ruby Ridge.
 
No, we are discussing 2A. There are lots of checks. We’ve talked about many of them. Three branches of government, elected officials, free and fair elections, free press, free assembly, etc. Virtually every amendment in the constitution is a check against tyranny.

Neither case would have been justified in my mind.



That is literally not consistent with anything I’ve said. You know that.




No, it can work. You just chose a really poor example. I mean, it would certainly be a fringe opinion that BLM violence was a net positive for the movement. Not a good look when your example has more similarities to Timothy McVeigh than Ruby Ridge.
Problem is, you declare that 2A is this great check on tyranny, you set the bar extremely low for its use with Weaver (all he needs was a self determined distrust of government) but then any other time where it could be used in the face of much more significant instances of tyranny (BLM) you say its not justified (i expect its because you happen to disagree with BLM)

And you seem to willfully ignore the fact that giving weaver the right to self determine when he thinks hes facing tyranny, would also allow any nutjob to do the same thing.

So, if everyone is given the right to self determine when they are facing tyranny, as you give to weaver, then anyone can shoot it out with cops whenever they feel they like it
 
roblem is, you declare that 2A is this great check on tyranny, you set the bar extremely low for its use with Weaver (all he needs was a self determined distrust of government) but then any other time where it could be used in the face of much more significant instances of tyranny (BLM) you say its not justified (i expect its because you happen to disagree with BLM)

We disagree the bar was “low” in Weavers case.

I certainly don’t disagree with the BLM movement in response to a cop literally murdering a man in broad daylight. I am a huge proponent of individual rights, including the right to assembly if that wasn’t obvious. However, I certainly disagree with the violence associated with BLM protests as explained in the previous post.


And you seem to willfully ignore the fact that giving weaver the right to self determine when he thinks hes facing tyranny, would also allow any nutjob to do the same thing.

I really don’t understand this logic. Sovereignty exists in the inherent rights of the people. If you are waiting around for the government to tell you if and when and how to exercise your rights, democracy is not for you.

So, if everyone is given the right to self determine when they are facing tyranny, as you give to weaver, then anyone can shoot it out with cops whenever they feel they like it

I guess they could? But, talk about an irrational fear. That literally doesn’t happen. 250 years and we have a handful of instances where 2A has arguably been used against tyranny in the US. Probably because lawful gun owners are by definition law abiding, and rational people. They understand the checks usually work, and there are avenues for justice that are usually available. They own guns in part as a passive check to keep the system on the rails. God forbid if it ever goes off the track, they can use them in that case too.

It’s a dangerous place, needing to prove to someone why you need certain rights. Thank God that’s not the way it works in practice, for now.
 
Probably because lawful gun owners are by definition law abiding, and rational people.
At some point you should really look these things up before you post them? Or qualify the statement somehow...
 
We disagree the bar was “low” in Weavers case.

I certainly don’t disagree with the BLM movement in response to a cop literally murdering a man in broad daylight. I am a huge proponent of individual rights, including the right to assembly if that wasn’t obvious. However, I certainly disagree with the violence associated with BLM protests as explained in the previous post.




I really don’t understand this logic. Sovereignty exists in the inherent rights of the people. If you are waiting around for the government to tell you if and when and how to exercise your rights, democracy is not for you.



I guess they could? But, talk about an irrational fear. That literally doesn’t happen. 250 years and we have a handful of instances where 2A has arguably been used against tyranny in the US. Probably because lawful gun owners are by definition law abiding, and rational people. They understand the checks usually work, and there are avenues for justice that are usually available. They own guns in part as a passive check to keep the system on the rails. God forbid if it ever goes off the track, they can use them in that case too.

It’s a dangerous place, needing to prove to someone why you need certain rights. Thank God that’s not the way it works in practice, for now.
Rational people?

Why disagree with BLM violence when you agree with Weavers violence?

Yes, so you are arguing that each person gets to decide on their own when they are facing tyranny and should use violence. Most right wing political violence is anti government. Another justified cost of 2A?

Hardly. Many (if not most) of the mass shootings were with guns owned lawfully

Also, cant forget that owning a gun itself, is irrational. Given that the gun is a greater risk to the owner, relatives, other members of the household.

But we already knew that
 
Rational people?

Why disagree with BLM violence when you agree with Weavers violence?

Yes, so you are arguing that each person gets to decide on their own when they are facing tyranny and should use violence. Most right wing political violence is anti government. Another justified cost of 2A?

Hardly. Many (if not most) of the mass shootings were with guns owned lawfully

Also, cant forget that owning a gun itself, is irrational. Given that the gun is a greater risk to the owner, relatives, other members of the household.

But we already knew that

I think one could make the argument that owning a car is irrational, as they kill 40,000 people a year (and mame far more) and are far more hazardous to the owner and the owner's family a gun with ever be.

I can maybe get behind the idea that owning a hand gun is irrational, as they cause most gun deaths. I also don't get the need to own an AR style weapon and I would be ok for them to be banned.

But owning a rifle or shotgun for hunting or sports shooting is a pretty rational reason to own a gun. When treated with respect, a rifle can be used safety.

Granted this is anecdotal, but I grew up around guns and I can't think of a single person that was accidentally or intentionally harmed by their or their family member's gun, aside from suicide (which is usually done with a hand gun). On the other hand, a car accident claimed the life of my cousin (who took me hunting with him and taught me gun safety) when he was only 19. He had his whole life ahead of him. Is owning a gun or a car more irrational?

I'm not a gun nut, and I no longer own a gun or feel the need to. But I think it's perfectly rational to own a gun if you know how to use it safely and properly secure and store it. I imagine some people have a rational reason to own a handgun, too.
 
Rational people?

Yes. There is arguably a high bar to lawfully own firearms. Much higher than what is required to exercise most other enumerated rights in the constitution.


Why disagree with BLM violence when you agree with Weavers violence?

I do. We’ve spent days discussing this specifically.

Yes, so you are arguing that each person gets to decide on their own when they are facing tyranny and should use violence. Most right wing political violence is anti government. Another justified cost of 2A?

In essence, yes, each person gets to decide.

Also, cant forget that owning a gun itself, is irrational. Given that the gun is a greater risk to the owner, relatives, other members

If you don’t believe in the 2nd amendment. I think it’s one of the most rational things you can do. Especially if you train regularly and emphasize safety.

Hardly. Many (if not most) of the mass shootings were with guns owned lawfully


1% of all gun deaths. 400:40,000. Perspective is key.

But here is a stat. Less than 1%(probably closer to 0.1%) of the 100+ million lawful gun owners in the country will ever be implicated in a gun homicide.
 
Yes. There is arguably a high bar to lawfully own firearms. Much higher than what is required to exercise most other enumerated rights in the constitution.

I can walk in a gun shop tomorrow and in a relatively short amount of time, walk out with a gun. No license needed, no training required, no questions asked. The only requirement is a federal background check - If that's the high bar you are referring to, it's an awfully low bar to gun ownership.
 
I think one could make the argument that owning a car is irrational, as they kill 40,000 people a year (and mame far more) and are far more hazardous to the owner and the owner's family a gun with ever be.

I can maybe get behind the idea that owning a hand gun is irrational, as they cause most gun deaths. I also don't get the need to own an AR style weapon and I would be ok for them to be banned.

But owning a rifle or shotgun for hunting or sports shooting is a pretty rational reason to own a gun. When treated with respect, a rifle can be used safety.

Granted this is anecdotal, but I grew up around guns and I can't think of a single person that was accidentally or intentionally harmed by their or their family member's gun, aside from suicide (which is usually done with a hand gun). On the other hand, a car accident claimed the life of my cousin (who took me hunting with him and taught me gun safety) when he was only 19. He had his whole life ahead of him. Is owning a gun or a car more irrational?

I'm not a gun nut, and I no longer own a gun or feel the need to. But I think it's perfectly rational to own a gun if you know how to use it safely and properly secure and store it. I imagine some people have a rational reason to own a handgun, too.
Cant really make that argument.

Cars provide infinitely more economic benefits, they are required for the daily function of pretty everyone, and society as we know it would collapse without them. There are no viable alternatives that would be able to provide even a fraction of their utility (public transportation would work great if the US invested in it)

Also, cars are heavily regulated, constantly improving on safety, insured, require training and testing, etc

Guns, on the other hand, arent even that useful in their primary roles
1. Self defense - you are statistically more likely to kill yourself or others you know than defend your life
2. Hunting - certainly more viable and cost effective ways if getting food

Guns are relegated to being the most dangerous recreational activity. Hardly as useful as cars...and still cause MORE deaths than cars
 
I can walk in a gun shop tomorrow and in a relatively short amount of time, walk out with a gun. No license needed, no training required, no questions asked. The only requirement is a federal background check - If that's the high bar you are referring to, it's an awfully low bar to gun ownership.
You can buy a gun from a private seller without the background check at all
 
Cant really make that argument.

Cars provide infinitely more economic benefits, they are required for the daily function of pretty everyone, and society as we know it would collapse without them. There are no viable alternatives that would be able to provide even a fraction of their utility (public transportation would work great if the US invested in it)

Also, cars are heavily regulated, constantly improving on safety, insured, require training and testing, etc

Guns, on the other hand, arent even that useful in their primary roles
1. Self defense - you are statistically more likely to kill yourself or others you know than defend your life
2. Hunting - certainly more viable and cost effective ways if getting food

Guns are relegated to being the most dangerous recreational activity. Hardly as useful as cars...and still cause MORE deaths than cars

I've used mass transit almost exclusively in the last 5 major cities I went to, Tokyo, San Francisco 3 times over the last year, NYC, and BWI to DC Maryland and back with the MARC train and metro.

Despite the utility of a car, it's a wonder people get behind the wheel without any thought. That to me is irrational.
 
Cant really make that argument.

Cars provide infinitely more economic benefits, they are required for the daily function of pretty everyone, and society as we know it would collapse without them. There are no viable alternatives that would be able to provide even a fraction of their utility (public transportation would work great if the US invested in it)

Also, cars are heavily regulated, constantly improving on safety, insured, require training and testing, etc

Guns, on the other hand, arent even that useful in their primary roles
1. Self defense - you are statistically more likely to kill yourself or others you know than defend your life
2. Hunting - certainly more viable and cost effective ways if getting food

Guns are relegated to being the most dangerous recreational activity. Hardly as useful as cars...and still cause MORE deaths than cars

There are many more dangerous recreational activities that guns.
 
I've used mass transit almost exclusively in the last 5 major cities I went to, Tokyo, San Francisco 3 times over the last year, NYC, and BWI to DC Maryland and back with the MARC train and metro.

Despite the utility of a car, it's a wonder people get behind the wheel without any thought. That to me is irrational.
Not much utility for a car in SF, NYC or tokyo.

But thats by far the exception in the USA... unfortunately
 
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