Biden’s attempt to regulate pistol braces dealt blow after appeals court casts doubt on constitution

Discussion in 'Gun Control' started by Joe knows, Aug 2, 2023.

  1. Chickpea

    Chickpea Well-Known Member

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    Yep, commerce with foreign nations.
     
  2. Chickpea

    Chickpea Well-Known Member

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    And I still don't know whether you agree or disagree that congress has zero legislative power over the use and possession of firearms by private individuals.
     
  3. TOG 6

    TOG 6 Well-Known Member

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    The federal government has the legislative power to require a private individual to own a firearm and train with it, so... disagree.
     
  4. Chickpea

    Chickpea Well-Known Member

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    Hm, that was not actually what I asked about agreement. I asked whether we agree that congress has no legislative power to limit or prohibit the use and ownership of firearms by private individuals.
     
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  5. Turtledude

    Turtledude Well-Known Member Donor

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    a private person-or someone who is already serving in a state militia. obviously those ineligible to serve in their own state's militia is beyond this power by congress
     
  6. TOG 6

    TOG 6 Well-Known Member

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    You said:
    ....that congress has zero legislative power over the use and possession of firearms by private individuals.
    Yes. It does.
     
  7. Turtledude

    Turtledude Well-Known Member Donor

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    I think the issue is this-chickpea differentiates between congress being able to require those in militia service to own a certain type of weapon as opposed to telling private citizens that they cannot own other weapons.
     
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  8. Chickpea

    Chickpea Well-Known Member

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    Yes, you've pointed out that I made an error in my statement. Congress can use the militia power.

    But this current question I have is unrelated to the militia power. Does congress have the power to limit or prohibit private individuals from owning or using firearms?
     
  9. TOG 6

    TOG 6 Well-Known Member

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    10 USC S246
    The constitution gives Congress the power to add:
    (c)
    All members of the militia of the United States, regardless of class as defined in (b), shall obtain and maintain a rifle or carbine suitable for service in same.
     
  10. TOG 6

    TOG 6 Well-Known Member

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    If it does, it is a very narrow window.
    And the Bruen ruling narrows it further.
     
  11. Turtledude

    Turtledude Well-Known Member Donor

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    yep, but that doesn't give congress any power to LIMIT or prohibit what said citizens choose to own and it does not give congress any power over those not members of the militia
     
  12. Turtledude

    Turtledude Well-Known Member Donor

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    what sort of limits are proper constitutionally?
     
  13. Chickpea

    Chickpea Well-Known Member

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    Narrow window? Can you explain?
     
  14. TOG 6

    TOG 6 Well-Known Member

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    Yes.
    If the power exists, it is very limited.
     
  15. Chickpea

    Chickpea Well-Known Member

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    But it doesn't exist.
     
  16. TOG 6

    TOG 6 Well-Known Member

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    The proposition in question:
    ...that congress has zero legislative power over the use and possession of firearms by private individuals....

    The militia clauses gives Congress legislative power to that effect.
    Thus, the proposition is false.
     
  17. Chickpea

    Chickpea Well-Known Member

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    As I have several time posted, you have proven that the proposition as I originally stated it is false. You pointed out commerce and the militia clauses.

    The current point of discussion is whether congress has any legislative powers to limit or prohibit the use and ownership of firearms by individual citizens.
     
  18. TOG 6

    TOG 6 Well-Known Member

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    Congress has the power to:
    -To provide for the Punishment of counterfeiting the Securities and current Coin of the United States
    -To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
    As a result of a conviction under the proceedings related to above (thusly meeting due process), Congress could define punishment, in whole or in part, as the abrogation of the right to bear arms.
     
  19. TOG 6

    TOG 6 Well-Known Member

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    I know. I made a clarification for TD.
     
  20. Chickpea

    Chickpea Well-Known Member

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    Great!

    Does congress have the power to limit or prohibit private individuals from owning or using firearms?
     
  21. TOG 6

    TOG 6 Well-Known Member

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    See post # 68
     
  22. Chickpea

    Chickpea Well-Known Member

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    The word "yes" has three letters. The word "no" has only two. You typed much more than necessary.

    And post #68 doesn't answer my question.
     
    Last edited: Aug 14, 2023
  23. TOG 6

    TOG 6 Well-Known Member

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    Then post #68 answers your question with much more detail than you require..
    But it -does- answer your question.
     
  24. Chickpea

    Chickpea Well-Known Member

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    Hm, so post #68 says:
    So you're talking about how congress would have the power abrogate the right to bear arms of convicted counterfeiters and pirates.

    Okay, I'll agree that they can punish those crimes.

    So are those the only legislative powers congress has regarding the use and ownership of firearms?
     
  25. FreshAir

    FreshAir Well-Known Member Past Donor

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    similar to religion, but the government does ban people from practicing the peyote religion in their own homes
     

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