this post was submitted on 30 Nov 2023
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The insane criminal was deprived of "life liberty or property" by the courts, not the legislature. They were accused, prosecuted, convicted, and sentenced to being stripped of their right to keep and bear arms, among other punishments and sanctions.
I have repeatedly reminded you that the child does, indeed, have the right to keep and bear arms; that the state does not strip that right from the child. The state is not the entity depriving the child of the right to keep and bear arms. The child's guardian is the one ultimately determining whether the child may or may not exercise that right.
The state cannot prohibit a guardian from taking their ward to a gun range and teaching them to shoot, for example. The closest they can come is requiring the guardian to ensure the safety of the ward, but that requirement can be met without a total deprivation of the right to keep and bear arms.
Your "child" example fails because it is not the state infringing on the right, but the parent.
The only way you can permissibly infringe on the right to keep and bear arms is through Due Process. You can achieve this under our current constitutional provisions as follows:
The untrained individual does not lose their right to keep and bear arms until they are convicted of not attending the mandated militia training.
If you want to be able to prosecute someone for carrying without having been trained, you will need to amend the constitution.
A militia with no training and no weapons qualification is not a well regulated militia. I’ve provided an example in which we (we being some combination of the state and guardian) limit the rights of the incompetent until they become competent. It follows that the right to keep and bear arms is not absolute, and required training before owning and operating a weapon is a reasonable constraint on that right.
Agreed, but that only helps you if the powers of the guardian transfer to the state once the wardship is dissolved. But they don't. They transfer to the ward. The state never held the power to infringe on the ward's rights to keep and bear arms. Only the guardian had that power, and that power is transferred to the (former) ward upon dissolution of the wardship. The guardian held the power to determine if and when the ward will exercise their right to keep and bear arms. The former ward is now the person with that power, not the state.
The "guardian" of an adult is not the state. The "guardian" of an adult is the adult themselves.
You have a second problem, which I have mentioned multiple times but you have not yet seemed to have grasped. If you want to impose a training requirement for gun ownership, it will be a legislative act. None of the prohibited persons you have discussed have been deprived of their rights through a legislative act. The criminals and the insane have been stripped of their rights by the courts, not the legislature. "The state" (prosecutor) was forced to overcome all the rights of the accused and prove beyond a reasonable doubt that the accused is not capable of handling a weapon safely before a judge can justify depriving the accused of the right to keep and bear arms.
The constitution explicitly permits the courts to infringe on "life, liberty, and property" rights, and regulates the circumstances under which it can do that. The constitution does not grant that same power to the legislature.
You will need a constitutional amendment to proceed. How would you write that amendment?
Please rewrite this sentence without using any form of the word "competent". You have consistently conflated two separate meanings of the word. You have demonstrated no comprehension of the distinction between these two senses. One of those two meanings is relevant to the deprivation of rights, the other is completely irrelevant, as I have explained several times before. Before continuing with this discussion, I will need you to rewrite that sentence in such a manner as to be able to distinguish between the two meanings of "competent".
Well, I'm bored.
You're deliberately misunderstanding what I'm saying, and there's a limit on how many times I'm willing to repeat myself with slight variations.
You can have the last word, congratulate yourself on "winning", and we can both move on.
Instead of repeating yourself with slight variations, you could try actually addressing the criticisms I am putting forth. For example, the criticism that children and the insane have their rights limited due to their inability to comprehend the consequences of their actions, rather than their skill level in handling firearms. You haven't once even acknowledged that distinction, let alone challenged it.
You have consistently failed to comprehend the separation of powers, specifically, those powers conveyed to the legislature, and those conveyed to the judicial branch.
You have consistently failed to comprehend the differences in the rights of the people, the rights of the accused, and the rights of the convicted.
You have completely failed to comprehend the concept of "militia". You have not read 10 USC §246. When you attempt to make a point about the militia, you consistently describe "armies" and "soldiers" instead.
You failed to address any of the counter examples I provided, such as the schizophrenic Marine sniper, the olympic-class minor, or Hellen Keller as a gun store owner.
The problems isn't that I misunderstand you, deliberately or otherwise. The problem is that you lack fundamental knowledge of the concepts you are attempting to discuss, and you are making numerous major errors in law, logic, and rhetoric.
Slight variations aren't going to help you. You need major alterations to your philosophy. Your frustrations aren't with me, but with your own limitations. You can do better.
Neat