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How are background checks NOT regulating the militia? - 4/21/2013 8:52:30 AM   
farglebargle


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I mean, the very first thing you do when you regulate the militia is ensure that you check out people's backgrounds to ensure they're not felons, or crazy, and are trustworthy around firearms and other people, right?

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RE: How are background checks NOT regulating the militia? - 4/21/2013 9:11:11 AM   
DesideriScuri


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quote:

ORIGINAL: farglebargle
I mean, the very first thing you do when you regulate the militia is ensure that you check out people's backgrounds to ensure they're not felons, or crazy, and are trustworthy around firearms and other people, right?


Where are you going with this? I'm not seeing what you want readers to see.


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RE: How are background checks NOT regulating the militia? - 4/21/2013 9:23:18 AM   
Kirata


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quote:

ORIGINAL: DesideriScuri

Where are you going with this? I'm not seeing what you want readers to see.

He doesn't know what the phrase "well regulated" means. Let him have some fun. This should be good.

K.

(in reply to DesideriScuri)
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RE: How are background checks NOT regulating the militia? - 4/21/2013 10:18:15 AM   
Powergamz1


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And where in your background check would it say 'Appointed to the Supreme Court'?



quote:

ORIGINAL: farglebargle

I mean, the very first thing you do when you regulate the militia is ensure that you check out people's backgrounds to ensure they're not felons, or crazy, and are trustworthy around firearms and other people, right?



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RE: How are background checks NOT regulating the militia? - 4/21/2013 11:29:30 AM   
Real0ne


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quote:

ORIGINAL: farglebargle

I mean, the very first thing you do when you regulate the militia is ensure that you check out people's backgrounds to ensure they're not felons, or crazy, and are trustworthy around firearms and other people, right?



most felonies are prosecuted under legislative fiat which is the "police state" function not a constitutional one, hence most felonies do not have an injured party involved, so no one got hurt!

there is no place in the constitution or its intent that I could find that restricted felons from owning and bearing.

The constitutional intent that I have been able to find is limited to those in jail and someone who is not able bodied, and that does not extend to a felon.

The real question here is who has the "legitimate" authority to ban "anyone", an x-felon included and alienate him from his unalienable right of self defense, outside of those who are in jail or incapable?

He was a bad boy so now some corporate citizen can waste him and he is not allowed to protect himself.

that and the militia is nonexistent unless called into service by the people or the state.

riddle me that batman


< Message edited by Real0ne -- 4/21/2013 11:52:57 AM >


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RE: How are background checks NOT regulating the militia? - 4/21/2013 12:49:31 PM   
Yachtie


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quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: farglebargle
I mean, the very first thing you do when you regulate the militia is ensure that you check out people's backgrounds to ensure they're not felons, or crazy, and are trustworthy around firearms and other people, right?


Where are you going with this? I'm not seeing what you want readers to see.




He's creating a strawman, or to be more precise in this instance, a fargleman.

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RE: How are background checks NOT regulating the militia? - 4/21/2013 12:51:31 PM   
Aylee


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quote:

ORIGINAL: Kirata


quote:

ORIGINAL: DesideriScuri

Where are you going with this? I'm not seeing what you want readers to see.

He doesn't know what the phrase "well regulated" means. Let him have some fun. This should be good.

K.



My view is that our modern day "well regulated militia" would be registering for selective service. All healthy males between the ages of 18 and 45 pretty much defines an unorganized militia.


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RE: How are background checks NOT regulating the militia? - 4/21/2013 1:00:52 PM   
Yachtie


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quote:

ORIGINAL: Aylee

My view is that our modern day "well regulated militia" would be registering for selective service. All healthy males between the ages of 18 and 45 pretty much defines an unorganized militia.



Even at the time of the Revolution there was the Militia and the Regular Army, with distinction between the two.


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“Those who ‘abjure’ violence can only do so because others are committing violence on their behalf.” - George Orwell

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RE: How are background checks NOT regulating the militia? - 4/21/2013 1:07:55 PM   
Aylee


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quote:

ORIGINAL: Yachtie


quote:

ORIGINAL: Aylee

My view is that our modern day "well regulated militia" would be registering for selective service. All healthy males between the ages of 18 and 45 pretty much defines an unorganized militia.



Even at the time of the Revolution there was the Militia and the Regular Army, with distinction between the two.



Yeah, and registering for the selective service is not the same as enlisting in the military.


_____________________________

Ceterum censeo Carthaginem esse delendam

I don’t always wgah’nagl fhtagn. But when I do, I ph’nglui mglw’nafh R’lyeh.

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RE: How are background checks NOT regulating the militia? - 4/21/2013 1:40:36 PM   
Kirata


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quote:

ORIGINAL: Aylee

My view is that our modern day "well regulated militia" would be registering for selective service. All healthy males between the ages of 18 and 45 pretty much defines an unorganized militia.

The meaning of the word has changed over the years. Today regulation carries the connotation of control, but in the context of the Constitution it means well-ordered, i.e., well turned-out with serviceable arms that they know how to use.

debates over the Constitution constantly referred to organized militia units as a threat to freedom comparable to that of a standing army, and stressed that such organized units did not constitute, and indeed were philosophically opposed to, the concept of a militia.

Source: Report of the Subcommittee on the Constitution, United States Senate, Ninety-Seventh Congress

K.



< Message edited by Kirata -- 4/21/2013 1:41:44 PM >

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RE: How are background checks NOT regulating the militia? - 4/21/2013 1:57:18 PM   
SilverMark


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We do indeed have a well regulated militia, hence the National Guard being units from individual states. I am certain they are indeed background checked, any other "militia" isn't regulated nor are they recognized as anything more than vigilantes. As to the claims of felonies being victimless, not quite true, here are the top 20 crimes considered felonies:
(1) Drug abuse violations 1,841,182
(2) Driving while Intoxicated 1,427,494 (aka Felony DUI)
(3) Property crime 1,610,088 (includes burglary, larceny, theft, motor vehicle theft, and arson.)
(4) Larceny-theft 1,172,762
(5) Assault 1,305,693
(6) Disorderly conduct 709,105
(7) Liquor laws 633,654
(8) Violent crime 597,447 (including murder, non-negligent manslaughter, forcible rape, robbery, aggravated assault.
(9) Drunkenness 589,402
(10) Aggravated assault 433,945
(11) Burglary 303,853
(12) Vandalism 291,575
(13) Fraud 252,873
(14) Weapons violations (carrying or possession) 188,891
(15) Curfew and loitering 143,002
(16) Robbery 126,715
(17) Offenses against family and children 122,812
(18) Stolen property (buying, receiving, possession) 122,061
(19) Motor vehicle theft 118,231
(20) Forgery and counterfeiting 103,448

All laws that are created by a legislature are under "legislative fiat" fiat in this case only means a decree or sanction, so therefore if within the body of law that governs a state or country, they decide that felons lose their right to carry a weapon, it has standing within that state or country. Your point makes little sense Real, not that I was looking for you to make sense.

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RE: How are background checks NOT regulating the militia? - 4/21/2013 2:12:04 PM   
Yachtie


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quote:

ORIGINAL: SilverMark

We do indeed have a well regulated militia, hence the National Guard being units from individual states. I am certain they are indeed background checked, any other "militia" isn't regulated nor are they recognized as anything more than vigilantes.


During the Civil War (or for those sensitive types The War Between the States or War of Northern Aggression), there were units comprised solely of State citizens; i.e. 9th Massachusetts or 12th Pennsylvania, all being regular Army.

The National Guard (having been federalized) was called up for duty in Vietnam. The Militia was not.


_____________________________

“We all know it’s going to end badly, but in the meantime we can make some money.” - Jim Cramer, CNBC

“Those who ‘abjure’ violence can only do so because others are committing violence on their behalf.” - George Orwell

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RE: How are background checks NOT regulating the militia? - 4/21/2013 2:59:44 PM   
Real0ne


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quote:

ORIGINAL: SilverMark

We do indeed have a well regulated militia, hence the National Guard being units from individual states. I am certain they are indeed background checked, any other "militia" isn't regulated nor are they recognized as anything more than vigilantes. As to the claims of felonies being victimless, not quite true, here are the top 20 crimes considered felonies:
(1) Drug abuse violations 1,841,182 Nope no injury here
(2) Driving while Intoxicated 1,427,494 (aka Felony DUI) Nope no injury here
(3) Property crime 1,610,088 (includes burglary, larceny, theft, motor vehicle theft, and arson.) yep injury here
(4) Larceny-theft 1,172,762 yep injury here
(5) Assault 1,305,693 yep injury here
(6) Disorderly conduct 709,105 unknown usually no injury
(7) Liquor laws 633,654 Nope no injury here
(8) Violent crime 597,447 (including murder, non-negligent manslaughter, forcible rape, robbery, aggravated assault. yep injury here
(9) Drunkenness 589,402 Nope no injury here
(10) Aggravated assault 433,945 yep injury here
(11) Burglary 303,853 yep injury here
(12) Vandalism 291,575 yep injury here
(13) Fraud 252,873 yep injury here
(14) Weapons violations (carrying or possession) 188,891 Nope no injury here
(15) Curfew and loitering 143,002 Nope no injury here
(16) Robbery 126,715 yep injury here
(17) Offenses against family and children 122,812 unknown
(18) Stolen property (buying, receiving, possession) 122,061 yep injury here
(19) Motor vehicle theft 118,231 yep injury here
(20) Forgery and counterfeiting 103,448 yep injury here

All laws that are created by a legislature are under "legislative fiat" fiat in this case only means a decree or sanction, so therefore if within the body of law that governs a state or country, they decide that felons lose their right to carry a weapon, it has standing within that state or country. Your point makes little sense Real, not that I was looking for you to make sense.


yep that is what the kings did, is set law by decree or sovereign prerogative.

anything you did not vote on are police operations, sanctioned under a ficticious sub-sovereign known as the state with the same powers roughly as the old english "estates", (manors). lovely small world.

First a crime was a trespass upon the realm, here the state, it was extended to include private injuries. The usual improper democratic incorporation that removes rights with one shoe fits all decrees and public extortion by licensed privileges.

the national guard does not include all able bodied men and they are a standby army, not a militia.

the present day police forces are domestic armies.

they do not have the lawful authority to ban felons unless stipped in the constitution with an amendment. That is why it is the police state because it extends the meaning of the constitution according to their construction, regardless of constitutionality.

The legislatures have no obligation what so ever to produce so called law that is constitutional, the test is whatever they can push through the government based court system.

in so far as what a police state is, well you can read the redmon case for starters, again our fav usurper marshall on the bench and the best read is cover to cover of 1st through 5th editions of keeton prosser restatement of torts. They make those lines expressly clear.

as you can see felonies include so called crimes that injure no one yet these people having injured no one are being robbed of their "unalienable" right (that means a right that you cannot give up under any circumstances even if you want to) to protect themselves by bullshit unconstitutional policing.

reminds me of a funny story. was in the law library, met this kid who was a paralegal and starting his first year of law school to grow up to be an attorney. He was struggling with the code trying to get a grip on how to get his car back from his previous gf and was ready to give up.

The kid just about fell over when I pointed out the applicable decisions and how to properly bring it into court. he said: "Thats it! Thats exactly what I need! Damn, they never taught any of this stuff my paralegal course".

If you read them from cover to cover even though some things are repeated you will then understand what I talk about in so far as the distinctions that they make. Then we can have fun with equity and trust law next.

cheers.

btw the kid won his case.


and a final thought on this.

do me a favor, this is a standing challenge to anyone who believes they are sharp in law, if you have any facts and evidence that the federal, state, constitutions or municipal charters apply to me (or you for that matter) please post them. and no the 14th stating that I am subject to the jurisdiction is not a probative substantial fact or evidence. I have made this challenge many times and no one regardless of their title or experience has done it yet.

~The house of cards!









< Message edited by Real0ne -- 4/21/2013 3:35:25 PM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to SilverMark)
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RE: How are background checks NOT regulating the militia? - 4/21/2013 3:14:50 PM   
Kirata


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quote:

ORIGINAL: SilverMark

We do indeed have a well regulated militia, hence the National Guard... any other "militia" isn't regulated nor are they recognized as anything more than vigilantes.

You are entitled to your own opinions, but not your own facts.

When the framers referred to the equivalent of our National Guard, they uniformly used the term "select militia" and distinguished this from "militia". Indeed, the debates over the Constitution constantly referred to organized militia units as a threat to freedom comparable to that of a standing army, and stressed that such organized units did not constitute, and indeed were philosophically opposed to, the concept of a militia.

Get over it.

K.

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RE: How are background checks NOT regulating the militia? - 4/21/2013 4:05:18 PM   
DomKen


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quote:

ORIGINAL: Kirata


quote:

ORIGINAL: Aylee

My view is that our modern day "well regulated militia" would be registering for selective service. All healthy males between the ages of 18 and 45 pretty much defines an unorganized militia.

The meaning of the word has changed over the years. Today regulation carries the connotation of control, but in the context of the Constitution it means well-ordered, i.e., well turned-out with serviceable arms that they know how to use.

So by your own statement the government can inspect everyone's firearms, to make sure they are functional, and examine every gun owner to verify they know how to use their firearms in a safe manner.

Want to bet half or more firearms owners could not pass such testing? Just think about the blatant disregard for basic firearms safety demonstrated by the average hunter and gun range shooter.

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RE: How are background checks NOT regulating the militia? - 4/21/2013 4:21:53 PM   
Kirata


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I said in a previous thread on gun control that if people were thinking more reasonably one of several things we could have done was raise the proficiency requirements on CCW licenses, and require that a licensee candidate pass the live-fire test with the weapon he or she is actually going to carry, instead of allowing people to take the test with a .32 pocket-rocket, collect their license, and then saddle up a .357 magnum at the local gun shop.

I don't think the government has any right to come into your house and count and record your guns. But the minute you cross your property line and go among the public armed, in my view you are active militia and subject to the well-regulated clause.

K.

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RE: How are background checks NOT regulating the militia? - 4/21/2013 4:23:48 PM   
Yachtie


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quote:

ORIGINAL: Real0ne

do me a favor, this is a standing challenge to anyone who believes they are sharp in law, if you have any facts and evidence that the federal, state, constitutions or municipal charters apply to me (or you for that matter) please post them. and no the 14th stating that I am subject to the jurisdiction is not a probative substantial fact or evidence. I have made this challenge many times and no one regardless of their title or experience has done it yet.

~The house of cards!




Many are arguable, R1. Applying for welfare subjects one to the administrative law. If you are under 36 years of age you are prohibited from running for president; both old Republic and current Federal enclave. Should you become a Congress Critter you'd be subject to the ~'good behavior' clause. Being subject to is not synonymous with seeking, but is controlling should one desire to seek.

It's not that We the People are not subject to certain provisions, it's that were being forced (ultimately by men with guns) to abide by that which we are not subject to. It may give some people a warm fuzzy, but tyranny by any other name is still tyranny.


_____________________________

“We all know it’s going to end badly, but in the meantime we can make some money.” - Jim Cramer, CNBC

“Those who ‘abjure’ violence can only do so because others are committing violence on their behalf.” - George Orwell

(in reply to Real0ne)
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RE: How are background checks NOT regulating the militia? - 4/21/2013 4:31:56 PM   
Real0ne


Posts: 21189
Joined: 10/25/2004
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quote:

ORIGINAL: Yachtie


quote:

ORIGINAL: Real0ne

do me a favor, this is a standing challenge to anyone who believes they are sharp in law, if you have any facts and evidence that the federal, state, constitutions or municipal charters apply to me (or you for that matter) please post them. and no the 14th stating that I am subject to the jurisdiction is not a probative substantial fact or evidence. I have made this challenge many times and no one regardless of their title or experience has done it yet.

~The house of cards!




Many are arguable, R1. Applying for welfare subjects one to the administrative law. If you are under 36 years of age you are prohibited from running for president; both old Republic and current Federal enclave. Should you become a Congress Critter you'd be subject to the ~'good behavior' clause. Being subject to is not synonymous with seeking, but is controlling should one desire to seek.

It's not that We the People are not subject to certain provisions, it's that were being forced (ultimately by men with guns) to abide by that which we are not subject to. It may give some people a warm fuzzy, but tyranny by any other name is still tyranny.




oh yes, for entry into the political vipers den, the democracy, yeh it all applies to anyone who wishes to jump into that arena.

now lets look at someone who simply wants to have property and live their lives without dealing with the political franchise.




_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to Yachtie)
Profile   Post #: 18
RE: How are background checks NOT regulating the militia? - 4/21/2013 4:35:03 PM   
Yachtie


Posts: 3593
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: Real0ne


quote:

ORIGINAL: Yachtie


quote:

ORIGINAL: Real0ne

do me a favor, this is a standing challenge to anyone who believes they are sharp in law, if you have any facts and evidence that the federal, state, constitutions or municipal charters apply to me (or you for that matter) please post them. and no the 14th stating that I am subject to the jurisdiction is not a probative substantial fact or evidence. I have made this challenge many times and no one regardless of their title or experience has done it yet.

~The house of cards!




Many are arguable, R1. Applying for welfare subjects one to the administrative law. If you are under 36 years of age you are prohibited from running for president; both old Republic and current Federal enclave. Should you become a Congress Critter you'd be subject to the ~'good behavior' clause. Being subject to is not synonymous with seeking, but is controlling should one desire to seek.

It's not that We the People are not subject to certain provisions, it's that were being forced (ultimately by men with guns) to abide by that which we are not subject to. It may give some people a warm fuzzy, but tyranny by any other name is still tyranny.




oh yes, for entry into the political vipers den, the democracy, yeh it all applies to anyone who wishes to jump into that arena.

now lets look at someone who simply wants to have property and live their lives without dealing with the political franchise.






Glad you made the distinction. Now, did I win anything?


edit: Now, how would you classify State sales tax (a creature of the State; county sales tax, etc), being uniform?

< Message edited by Yachtie -- 4/21/2013 4:45:36 PM >


_____________________________

“We all know it’s going to end badly, but in the meantime we can make some money.” - Jim Cramer, CNBC

“Those who ‘abjure’ violence can only do so because others are committing violence on their behalf.” - George Orwell

(in reply to Real0ne)
Profile   Post #: 19
RE: How are background checks NOT regulating the militia? - 4/21/2013 5:58:38 PM   
Real0ne


Posts: 21189
Joined: 10/25/2004
Status: offline
quote:

ORIGINAL: Yachtie

quote:

ORIGINAL: Real0ne


quote:

ORIGINAL: Yachtie


quote:

ORIGINAL: Real0ne

do me a favor, this is a standing challenge to anyone who believes they are sharp in law, if you have any facts and evidence that the federal, state, constitutions or municipal charters apply to me (or you for that matter) please post them. and no the 14th stating that I am subject to the jurisdiction is not a probative substantial fact or evidence. I have made this challenge many times and no one regardless of their title or experience has done it yet.

~The house of cards!




Many are arguable, R1. Applying for welfare subjects one to the administrative law. If you are under 36 years of age you are prohibited from running for president; both old Republic and current Federal enclave. Should you become a Congress Critter you'd be subject to the ~'good behavior' clause. Being subject to is not synonymous with seeking, but is controlling should one desire to seek.

It's not that We the People are not subject to certain provisions, it's that were being forced (ultimately by men with guns) to abide by that which we are not subject to. It may give some people a warm fuzzy, but tyranny by any other name is still tyranny.




oh yes, for entry into the political vipers den, the democracy, yeh it all applies to anyone who wishes to jump into that arena.

now lets look at someone who simply wants to have property and live their lives without dealing with the political franchise.






Glad you made the distinction. Now, did I win anything?


edit: Now, how would you classify State sales tax (a creature of the State; county sales tax, etc), being uniform?


oh man that would be a total derail to get into that, could start a thread I spose.


the point being of course is that it was intended to be an elective matter but has become a presumption and is forced upon everyone by the fiat legislatures and their police state thugs.





< Message edited by Real0ne -- 4/21/2013 6:00:34 PM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to Yachtie)
Profile   Post #: 20
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