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Nye Bevan

(25,406 posts)
Fri Dec 14, 2012, 02:12 PM Dec 2012

Honest question: would it violate the Second Amendment if guns had to be registered and licensed

exactly like cars?

So every gun would be registered and recorded; to own a gun you would need to pass a safety test in order to obtain a license; and perhaps insurance could also be required, just like for a car.

I'm not trying to take away the right to keep arms, but people willing to follow these procedures would surely be more likely to be normal and law-abiding.

39 replies = new reply since forum marked as read
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Honest question: would it violate the Second Amendment if guns had to be registered and licensed (Original Post) Nye Bevan Dec 2012 OP
yeah, but you can still kill people with a car datasuspect Dec 2012 #1
Society attempts to make driving well regulated... sanatanadharma Dec 2012 #6
This message was self-deleted by its author Tommy_Carcetti Dec 2012 #7
Cars aren't designed to kill. AndyA Dec 2012 #12
i wasn't making the comparison datasuspect Dec 2012 #13
It's hard to kill 27 people in a few minutes with a car. n/t pnwmom Dec 2012 #18
it's hard to kill 27 people in a few minutes datasuspect Dec 2012 #22
Yes you can but it's very, very rarely intentional. tosh Dec 2012 #21
The gun nutters would quote nazi Germany shit. Arctic Dave Dec 2012 #2
That and other totalitarian government propaganda Hayabusa Dec 2012 #11
Agree. Arctic Dave Dec 2012 #16
No, no violation. elleng Dec 2012 #3
Indeed. 2naSalit Dec 2012 #29
WELL REGULATED onehandle Dec 2012 #4
Say that again please. And again. And Again. KeepItReal Dec 2012 #34
For the life of me I cannot see how this would be hifiguy Dec 2012 #5
Then what do the words "militia" and... sanatanadharma Dec 2012 #9
Sounds reasonable to me Kingofalldems Dec 2012 #8
Include insurance on them too Politicalboi Dec 2012 #10
Absolutely not. DanTex Dec 2012 #14
No, it really wouldn't. In most states restrictions are very MineralMan Dec 2012 #15
No. Would that prevent many shootings? (nt) Recursion Dec 2012 #17
If mentally ill people were prevented from owning them, that would help. n/t pnwmom Dec 2012 #19
Would registration prevent mentally ill people from acquiring guns? Recursion Dec 2012 #20
How does a gun seller know if someone is mentally ill? With registration, pnwmom Dec 2012 #24
I'm probably not understanding you Recursion Dec 2012 #25
Yes, that's what I'm saying. And anything to make it harder for mentally ill people pnwmom Dec 2012 #32
Like I said, I'm not against it Recursion Dec 2012 #33
I think a mentally unstable person would be much less likely Nye Bevan Dec 2012 #26
Probably true, but mentally unstable people get handguns currently Recursion Dec 2012 #31
Yes. rrneck Dec 2012 #23
This message was self-deleted by its author Recursion Dec 2012 #28
Delete the second amendment get the red out Dec 2012 #27
That is a reasonable proposal yellerpup Dec 2012 #30
no. Warren Stupidity Dec 2012 #35
Sorry to have to say this but.... napi21 Dec 2012 #36
I am a target shooter and gun owner in Illinois JoDog Dec 2012 #37
No, the second ammendment isn't about gun rights anyway. Taverner Dec 2012 #38
i've been saying this all afternoon. barbtries Dec 2012 #39
 

datasuspect

(26,591 posts)
1. yeah, but you can still kill people with a car
Fri Dec 14, 2012, 02:14 PM
Dec 2012

even with testing, licensing, etc.

plus you can drive drunk too and follow every other law and regulation.

sanatanadharma

(3,728 posts)
6. Society attempts to make driving well regulated...
Fri Dec 14, 2012, 02:17 PM
Dec 2012

.... No responsible car organization argues for eliminating driver's licenses, lane markings, insurance requirements, etc.

Response to datasuspect (Reply #1)

AndyA

(16,993 posts)
12. Cars aren't designed to kill.
Fri Dec 14, 2012, 02:20 PM
Dec 2012

That is not their sole purpose.

There is no comparison between a car and a gun.

 

datasuspect

(26,591 posts)
13. i wasn't making the comparison
Fri Dec 14, 2012, 02:21 PM
Dec 2012

and guns (if you buy them legally) are regulated.

just wasn't catching the comparison - it didn't make sense to me.

tosh

(4,424 posts)
21. Yes you can but it's very, very rarely intentional.
Fri Dec 14, 2012, 02:37 PM
Dec 2012

Auto violations result in increased insurance rates, fines and even loss of the privelege of driving.

Same should apply to guns.

Hayabusa

(2,135 posts)
11. That and other totalitarian government propaganda
Fri Dec 14, 2012, 02:19 PM
Dec 2012

about how they'd use the list to round up the gun owners, or at least confiscate the guns. Look, I'm all for the right to own a gun, but I want the police to know exactly who owns a gun and that they're sane enough to own it safely.

 

Arctic Dave

(13,812 posts)
16. Agree.
Fri Dec 14, 2012, 02:30 PM
Dec 2012

They used to do the, "in Switzterland everyone owns a gun" until the actual requirements of having that gun came to light and how rigid those requirements were.

KeepItReal

(7,769 posts)
34. Say that again please. And again. And Again.
Fri Dec 14, 2012, 03:02 PM
Dec 2012

Those two words in the Second Amendment are conveniently left out of discussions on this.

 

hifiguy

(33,688 posts)
5. For the life of me I cannot see how this would be
Fri Dec 14, 2012, 02:17 PM
Dec 2012

a violation of the Second Amendment in any way. There is nothing unconditional about the 2nd Amendment.

 

Politicalboi

(15,189 posts)
10. Include insurance on them too
Fri Dec 14, 2012, 02:18 PM
Dec 2012

The higher population, the higher the insurance premiums. Make them go to classes every YEAR with annual registration, and make the lines go out the door. LOL! You want to vote and carry a gun, you have to wait in line. I wouldn't advise line cutting, could be deadly.

DanTex

(20,709 posts)
14. Absolutely not.
Fri Dec 14, 2012, 02:21 PM
Dec 2012

Even under the recent revisionist interpretations of the second amendment from Scalia and company, licensing and registration are constitutional. The problems are not constitutional, they are political.

MineralMan

(146,329 posts)
15. No, it really wouldn't. In most states restrictions are very
Fri Dec 14, 2012, 02:23 PM
Dec 2012

tight. The federal government could easily set federal standards that would set minimum requirements. There are already federal limitations in place, and those have passed muster with the SCOTUS. They can be extended.

Recursion

(56,582 posts)
20. Would registration prevent mentally ill people from acquiring guns?
Fri Dec 14, 2012, 02:36 PM
Dec 2012

Currently it's illegal to sell a gun to someone who's been found mentally incompetent. What does registration add to that?

pnwmom

(108,994 posts)
24. How does a gun seller know if someone is mentally ill? With registration,
Fri Dec 14, 2012, 02:43 PM
Dec 2012

there would be a way for these people to be reported.

Recursion

(56,582 posts)
25. I'm probably not understanding you
Fri Dec 14, 2012, 02:45 PM
Dec 2012

What registers what, when? You mean make rifles and shotguns like handguns, where you have to register them and pass a background check to buy them? Fine with me, though mentally ill people still get handguns way too often, so while I'm not against this I'm not seeing what it will do.

pnwmom

(108,994 posts)
32. Yes, that's what I'm saying. And anything to make it harder for mentally ill people
Fri Dec 14, 2012, 02:59 PM
Dec 2012

to get hold of guns would REDUCE the number of such incidents, even though it couldn't eliminate them.

What it would do is save some lives. Wouldn't that be worth it?

Recursion

(56,582 posts)
33. Like I said, I'm not against it
Fri Dec 14, 2012, 03:00 PM
Dec 2012

I don't know that I agree with you that it would make it more difficult enough to prevent any murders, but it's worth a shot.

Nye Bevan

(25,406 posts)
26. I think a mentally unstable person would be much less likely
Fri Dec 14, 2012, 02:47 PM
Dec 2012

to go through the licensing and registration procedures than a law-abiding hunter.

Recursion

(56,582 posts)
31. Probably true, but mentally unstable people get handguns currently
Fri Dec 14, 2012, 02:49 PM
Dec 2012

I don't trip out much over the constitutional issues, for the most part, I just can't think of many gun laws that would do much to actually keep people who want a gun from getting one.

rrneck

(17,671 posts)
23. Yes.
Fri Dec 14, 2012, 02:41 PM
Dec 2012

Last edited Fri Dec 14, 2012, 03:33 PM - Edit history (1)

Edited for more complete answer.

Okay, here's the text (as if it hasn't been posted about a million times)

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

A militia is an organization of people. You can't have a militia without people. The second amendment specifies the regulation of militias. It asserts the unrestricted right of the people to keep and bear arms. So if you're a strict constitutional constructionist, the letter of the law precludes any regulation of firearms kept and borne by the people.

Nobody that I know of (who has anything meaningful to say about the subject) is that much of a strict constructionist. The supreme court, conservatives and all, have interpreted the constitution to allow the regulation and carraige of firearms. And that is as it should be.

Response to rrneck (Reply #23)

get the red out

(13,468 posts)
27. Delete the second amendment
Fri Dec 14, 2012, 02:47 PM
Dec 2012

I know we can't because we are a country half filled with freaks. But it needs to go in order to have any hope of civilization.

yellerpup

(12,254 posts)
30. That is a reasonable proposal
Fri Dec 14, 2012, 02:49 PM
Dec 2012

as far as I'm concerned. We can't just keep hoping for better, we're going to have to fight for it.

napi21

(45,806 posts)
36. Sorry to have to say this but....
Fri Dec 14, 2012, 03:04 PM
Dec 2012

it seems we are al asking for a change the the culture of our country. Without getting that, there's no way to force, or MAKE people stop shooting because they KNOW it a bad thing to do. I hove no idea how you go about changing our culture.

JoDog

(1,353 posts)
37. I am a target shooter and gun owner in Illinois
Fri Dec 14, 2012, 03:10 PM
Dec 2012

home to some pretty tight firearms restrictions. To own my handgun, I had to apply for a license, part of which was a background check for felonies and mental health. My gun is registered to me. Every legal gun can only be sold after a waiting period and must come with a child-proof lock. All gun owners must be 21 or older. Fully automatic guns are illegal. In Cook County, gun owners are required to take a special permit class, as the OP suggested. Other counties do not require it but strongly encourage it.

http://en.wikipedia.org/wiki/Gun_laws_in_Illinois
http://www.csmonitor.com/Photo-Galleries/Lists/States-with-the-strictest-gun-laws/%28photo%29/259368

To my deep sadness, none of this has stopped gun violence and murder in my state. The majority of these crimes are not committed by legal gun owners with legally purchased firearms. They committed by unlicensed owners with guns purchased "under the table". A few months ago, a gun shop in my city was robbed not once but twice by the same people--two teens, stealing hundreds of weapons, with the intent of selling them on the street. They were caught in the act during the second burglary.

While most the attention-getting public shootings seem to be done with legal guns (please see Aurora, Virginia Tech, NIU), the gun violence that daily grinds away at our society is done with illegal guns.

Perhaps the answer is not new gun laws. Maybe the answer is better enforcement of the ones we have. I think it may be time to end the war on pot and focus the attention of police to this matter.

barbtries

(28,811 posts)
39. i've been saying this all afternoon.
Fri Dec 14, 2012, 03:21 PM
Dec 2012

i don't know the answer to your question. i can't imagine how it could, but if so, the amendment could be thrown out and another amendment that makes sense could be added.

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