I think we are close to being on the same page (or at least the same chapter), but why should need come into play when talking about rights?
You tell me. You introduced the term as a guide when you said, "I don't need a nuke to protect my family." I simply used your standard to note that you don't need other things, like a clip that holds 30 rounds, or a semi-automatic weapon.
Why should the government decide what a private citizen needs (beyond the assessment of how it necessarily will impact the guaranteed rights of other private citizens)?
I'd couch it differently. One of the things government does is consider the cost/benefit of any thing that impacts the likelihood of our enjoyment of those rights. Frequently that means restricting their exercise in some form or fashion.
It may well be overkill to have an assault rifle (not knowing a whole lot about weapons details myself, I don't know what that means since in my mind all rifles are for assault of some kind) or a semi-automatic machine gun - but where it doesn't necessitate unreasonable infringement on the rights of others (the reasoning I was going at with the nukes), why should it be restricted? A nuke will certainly affect hundreds, thousands and millions of people beyond the legitimate target. And when the end is stopping a burglary or assault, that's certainly unreasonable. But if someone can properly handle an automatic weapon, then it is reasonable to assume they can use it in the right situation and limit the fallout to the immediate area.
Most people aren't trained to handle automatic and semiautomatic weapons. Those who are aren't necessarily trained to use them under fire and great stress. If you've ever been shot at and returned fire you understand. If not...run a 40 yd dash and have your target set up among other targets you don't want to harm at the end of that dash. See how well you do. Now imagine a lot of other people, scared and trying to do the same thing you are. All of you wanting to hit, meaning to hit the one target.
Use of it doesn't necessitate affecting innocent bystanders (like the nuke does).
Arguable at best. Try that sprint and let me know how it turns out.
It may happen, but it doesn't have to. We have 30 and 40 mile an hour speed limits in residential areas for a reason - as we do (in Texas) 75-85 mph limits on certain freeways. You wouldn't go 75 in a residential area (and should be prosecuted severely if you do) but you don't put a governor on the car to keep someone from going above (for example) 55mph.
You can't put that on a car because the top legal speeds in various parts of the country is greater than that. I've long argued there's no reasonable argument for a car that breaks any existing speed limit in the states.
My understanding of the way rights are to be looked at is that they are to be curbed only when it can be shown that there is no good reason not to - or the good impact significantly outweighs the bad precedent.
That would be a cost/benefit. The pointless deaths of hundreds of Americans, most of which could have been prevented by the absence of weapons and supports that only exceed the ability of weapons I favor in one regard, their ability to kill large numbers of people in seconds, is by any rational examination a failure in that analysis.
So when the government says "We don't think you need a semi-automatic weapon to protect yourself", the only justification I can see for it is overwhelming evidence that use of that weapon will almost inevitably result in notable harm to those who aren't the intended target. So a rocket launcher in an urban townhome development will almost certainly destroy surrounding homes. And since it isn't a necessary weapon, I can see limiting it to military use.
I differ. The reasoning should be, "Can we fully protect the right to bear arms in a way that significantly lessens the likelihood of those arms being used to kill large numbers of citizens in violation of our laws?" And the answer is yes, we can. There are any number of models that show us how to do that. None of them involve the status quo or a loosening of gun laws.
It may be - but unless building that compound directly infringes on the rights of others in a clear way, why should the government care?
I didn't say it should. I was illustrating the problem with using "conceivable" as a reasonable standard.
I'm not arguing there shouldn't be considerable training on proper use of the weapon.
What gives the government the right to say you should have to meet their litmus on how proficient you are with your property?
But saying you can't use a semi-automatic because of possible misuse lumps the criminal with the law abiding citizen.
Like suggesting the kick back guard on a chainsaw assumes most people won't use their chainsaw safely. No, it doesn't. But enough people will act recklessly that the guard is required. It's a public safety measure.
Some weapons are simply too dangerous to be put into the stream of commerce, given there are safer alternatives that can meet the needs of the right without coupling that with a pointlessly endangering addition, one that claims hundreds of lives and thousands of additional injuries yearly.
It's a public safety issue. We can dramatically reduce damage and death without losing the right.
Not so if you limit access (or totally ban access) to a rocket launcher, for example. Legal use is still problematic. Beyond that, the government is painting with too broad a brush, I think.
Everyone thinks so at some point. So the question is what's reasonable and why? That's what I'm looking at when it comes to guns.
I would simply add that the government has virtually unlimited resources at their disposal. And part of the reasoning behind the right to bear arms was protection against the government.
With some thinkers, sure. You're talking about the tree of liberty. Well, our system was designed to avoid that outcome, to enable peaceful revolutions and evolutions following the public will writ large. To avoid a thing that was demonstrably possible then and isn't now, violent public upheaval. There is no reasonable scenario today in which the gun owning public would topple our standing army. If we ever got to that point it would be a fairly moot one.
But the main reason for the right was found in its establishment. We lacked a standing army. Beyond that were any number of compelling arguments that were not enumerated but understood. People used weapons for livelihood, for providing food, and for protecting themselves and their families. Especially true along the frontieres. And they could be used as leverage against tyranny.
And the main reason to restrict firearms (within reasonable limits as I have tried to describe) would be to further subjugate the citizenry.
Or, the reasonable restriction would be in response to the pointless, preventable carnage those weapons bring with them to work no rational benefit that could not be produced by the weapons I support.
This is where the healthy respect for rule of law is the critical counterbalance to giving more liberty in the "grey areas". And if the suspicion is that the citizen doesn't have that respect, then the government will encroach. And that's one way tyranny begins. So it is that I posted earlier today on Washington and the Rule of Law. Greater liberty and this respect go hand in hand. And this nation's laws were only made for a moral people (bible-adhering, if you believe GW).
The same reasoned consideration that limits and contextualizes any other right must be applied to every. We are the most heavily armed people on earth. We are the least safe from dying by the violence of guns than any other Western industrial democracy by a mile.
The working definition of a national insanity would be to continue on this road and expect a different result. The models are numerous, varied, and uniformly superior to ours in protecting the public. And in each of those nations the rule of law continues and has for generations.
Agreed. And the increase of legislation tends away from freedom.
I disagree. There isn't a minority in this nation that isn't freer as a result of that increase. It's the thrust of the legislation that defines its value. Fearing it as some uniform thing that brings shackles is as mistaken as believing that all weapons are the same and should be treated the same way.
I have to believe that in some ways we have too many laws (and too much reliance on the law itself to protect us) and too little respect for the rule of law as originally intended.
I think your philosophy insists upon it, but I don't find it inevitable.