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Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 8 years ago

How is requiring background checks for all gun sales taking away your 2nd amendment rights?

Now while I do understand the point of the 2nd Amendment and do support people's right to bear arms, at the same time, in the era in which the 2nd Amendment was made, guns weren't NEARLY as powerful/dangerous as they are now. Also when you think about it, the whole part about preventing government tyranny really isn't a valid argument (at least to me anyway). Were talking about the USA, aka the strongest military force in the world. If the government really wanted to start tyrannizing us, even with all the guns we have (enough to arm every US citizen last time I checked), lets be honest: we'd be COMPLETELY screwed once the tanks, bomber jets, etc start rolling out. I'm NOT saying background checks would've stopped mass shootings or criminals from having guns, but it definitely would make it harder to access/stockpile them. So I'd just like to better understand the argument against background checks and get other opinions on the issue, that's all.

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  • 8 years ago
    Favorite Answer

    Numerous Founding Fathers wrote about the need for an armed populace to prevent tyranny. You may not feel it's a legitimate argument, but it is. Read Federalist Paper #46 where James Madison discusses why the armed people and militia are the last check against government tyranny.

    Citizens armed with small arms can't oppose the "strongest military force in the world?" Tell that to the Afghan rebels who have been fighting us in Afghanistan with small arms and improvised explosives these last 11+ years. They don't have any tanks, bomber jets, etc.

    But let's answer your question. How do background checks = taking away our 2nd Amendment Rights? Well, first we already have background checks at the retail level. So we are talking about expanding it to private party sales. And this targets law abiding people only. Once again, this is a law that criminals will ignore, both criminal buys and sellers.

    Also, what happens to the data collected of who owns what guns and where those folks live? It gets entered into a database. Useless for preventing gun violence, but oh so handy if the government one day decides to start confiscating weapons.

  • 8 years ago

    We disagree.

    If we go along with your 'back in the day' argument, you should not be allowed to use the Internet to express your 1st Amendment opinions.

    As to the government and civilians fighting - many military personnel would rightfully refuse to fight.

    " I'm NOT saying background checks would've stopped mass shootings or criminals from having guns - ( then what purpose does another law serve?) - , but it definitely would make it harder - ( for law-abiding citizens) - to access/stockpile them."

    What other legal product has as much current regulation to buy as a firearm?

  • ?
    Lv 7
    8 years ago

    It's the abuse of the system that most people worry about. There is an older fellow on YouTube who lost his gun rights. Why? He has severe health problems. One day he couldn't breathe and called an ambulance. When the doc examined him he asked if the guy ever thought about killing himself. He replied that he wouldn't want to live on machines but that he couldn't ever really kill himself because he was a Christian and that it would be the ultimate sin. His doctor reported him to the cops as a possible threat to himself and had him committed for 24 hours for evaluation. The psychiatrist said there was nothing menatlly wrong with him. The cops came the next day and took his guns away anyhow. He sued the state of Tenessee to try and get his gun rights back. He lost.

    That's what background checks can do to you. Your doctor can screw up your life over nothing.

  • Anonymous
    8 years ago

    The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.

    Physician–patient privilege is a legal concept, related to medical confidentiality, that protects communications between a patient and his or her doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions. Almost every jurisdiction that recognizes physician-patient privilege not to testify in court, either by statute or though case law, limits the privilege to knowledge acquired during the course of providing medical services. In some jurisdictions, conversations between a patient and physician may be privileged in both criminal and civil courts

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  • Anonymous
    8 years ago

    Nope.

    A background check simply prevents people who have criminal histories or mental health issues to own a firearm. The same procedure is done with people wishing to get a job, to work with kids in a public school or in many volunteer activities.

    Preventing people from purchasing guns when they have no criminal history or mental health is one thing. It's an entirely different manner if a simple background check is done.

    Also, we don't have the strongest military force in the world. Israel, China, Canada, Australia, the UK, France, Russia, Germany, Spain and pretty much all industrialized nations have adequate firepower as well.

    Cheers!

  • Arnie
    Lv 7
    8 years ago

    Criminals don't pay any attention to laws... If guns were ever banned than only the bad guys would have them..Criminals prefer unarmed victims!!

    Having a gun will not help all the time but being defenseless will never help..

    When seconds matter calling 911 and asking the bad guy to wait is not a viable option.

    Better to have a gun and not need it than to need it and not have it!!!

    **Police do not protect you from crime, they usually just investigate the crime after it happens.**

    @

    Why not ID to vote...

  • 7 years ago

    background check i guess in theory are good in worst cases, maybe...

    most cases they are worthless. me, for example, in 1997 i witnessed a local city police officer walk up to a young man i think he was 17 if i remember, with no provocation, with no warning, i mean nothing, grab him from behind and start beating him, i mean beating him enough to make me call 911 ...

    literal quote "hello, not sure what to say or whatever but one of your guys is beating a guy in the yard could you maybe tell some one"

    of course i had to go and make statements and as a kinda young buck muself i stated i would be happy to testify!

    ...started 1 week later almost the the hour, the harassment, i got a 'careless operation' ticket once when i wasnt driving, not even in a car, had not been all day, was actually hanging out in the mall waiting for my girlfriend to get off of work...

    one night sittingat home at about 9pm, i heard all kinda crazyiness guess i would call it, i opened my bedroom door a friend was running down the hall and said

    AGAIN A QUoTE "not sure what you did bro, but you need to run"

    i looked through the doorway into living room saw a cop holding a friend off the ground by his neck asking about me, i took off out the backdoor having no clue wtf wasgoing on and a big fat black cop knocked me down ask if i was (my name) i said yes.

    2 hours they had me on a steep hill trying to video me not padd a dui test, remind you i was at home, plus not drinking. when that failed they brought me to LPCC, STILL AT TIS POINT i was never told why or what i did! while in booking a SHERIFF DEP. ask me if i was comfortible with 'that man' here and pointed to this guy. i shrugged said ya i guess, why? the SHERIFF was the one TO FINALLY INFORM ME I HAD ATTEMPTED TO RUN OVER A CITY OFFICER THEN ATTACKED A THE OFFICER WITH A WEAPON RIGHT AFTER AT ABOUT 7pm and that officer who i later learned was named Prejean was standing next to me. i said i never seen this guy in my life at stated i was at home with 2 witnesses all eveniing. i was still arrested and booked, paid bail etc

    the next day i quit school and moved 1000 miles away. i showed up for court for the so-say felony aggrevated battery of police officer charges, THANK GOD the judge andthe prosecuter were fraternity brother of mine and 4 other fraternity brothers could account for every second of that day! so it was tossed out!

    was not until a year later, in a bar, prejean while drunk and bragging to a girl how he setup all these people who messed with him and his partnet John Laws and later was so wasted when the girl was at his apartment he brought out files, to show like bragging! that any formal investigations were held.

    i could come home a few months after that.

    point is, some scumbag cops, well x-cops now! who if i ever see to this day... well

    even after te DA expunged everything, guess what, still shows on federal background checks, guess what, i do contract work for several agencies that fall under homeland security, i carry like 7 seperate agencies ID cards, and guess what, EVERY FREAKING 6 MONTHS TO 12 MONTHS I AGAIN HAVE TO GET SIGNED DOCUMENTS FROM THE DA HIMSELF AND THE CITY PROSECUTER AND THE SHERIFF DEPT AND THE CITY POLICE DEPT BECAUSE OF THOSE SCUMBAGS!

    so are background checks worth a *&% you decide! i got nothing to hide and a couple a crooked cops trying to get revenge on me for reporting one of them beating a guy have mademy life hell even after being cleared on everything those 88holes and their friends did to me, btw the guy they were beating, even though we all went to the station that night took pictures and made statements, etc, the cops did the same thing to him, but he just gave up, signed something saying it never happened

    o, i went to internal affairs (later learned should have gone to state special investigations) that made it worse! i have a signed letter from chief craft that doesnoteven recognize the accusations!

    o just remembered this one, officers stripped me to my boxer shorts and forced me to walk through the stadium during a university of louisiana lafayette home football game! ... welcome to lafayette, come visit folks!

    Source(s):

    ilivedit

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