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Previous comments...
Below is my partial answer:
Good discussion, rbuck. I have some comments.
First paragraph, "...own or possess something...". This is (to me) the hinge point. I think that if 'something' is a gun, the definition of who should be able to own it is “everyone” and then some exclusionary criteria applied: insane, felon, baby, etc. If the ‘something’ is a WMD, then I think the definition of ‘someone’ is “very few people” and the criteria are inclusionary (and level for all entities): possesses a Level 4 lab, has degree in nuclear physics, etc.
Second paragraph, “…[drugs are] rarely used as a weapon…”. I would restate this more as ‘rarely does damage to anyone other than the individual using it’. I agree with the points you make, but think that it is important to not allow future interpreters of the law to say that self-inflicted damage constitutes use as a weapon.
Third paragraph. As many people have noted, the disparity between weapons the people have and weapons the State has is a lot different now than in the 18th century, and our modern interpretations need to take that into account. However, since WWI, people have considered themselves patriots of their land and I think that the ability for a citizen army to keep their own people subdued is questionable, however large the discrepancy of armament. It is the willingness of civilians to fight back that is the key, and the possession of arms may be key to that willingness. I have seen video of people standing down armed military and tanks (both Russian) with their bare hands, but I think that raises the bar pretty high.
(there was more to rbuck's post, but this is as far as I got)
Jan
This is an interesting topic - thank you for starting it. Discussions like these compel me to clarify mine own thinking on subjects that do not often come up in general conversation.
Jan
This is actually something that I think I might discuss with some of my liberal friends, just to see if they contradict themselves. (I suspect that most of them are pro-gun, but it is a question I can ask.)
Jan
that is the purpose of government;self-defense and
retribution. And the citizen for whom this suppos-
edly exists has the right to have a weapon (at least,
at his own expense) to defend himself.
Just as one can own a car but is not allowed to mow down pedestrians, one should be allowed to own weapons - it's what is done with those weapons that becomes the philosophical part of the question: Whether that weapon is used to negate the individual rights of others or to protect yours from being taken.
But I don't think it's practically possible for individuals to outspend the federal government while still having an army that can defend the country. So I'd propose that we reverse the post-Civil-War "federalization" of the state militias (or at least make any federal call-up voluntary) while encouraging the large states to break up into smaller ones, thus re-creating locally-controlled (or at least state controlled) militias all over the country which together have the feds outgunned.
That's the way the founders set it up, and that's the way it should have stayed. And if it results in some successful secessions, that's a feature, not a bug.
One of the reasons the military despises the population is their despicable willingness to sacrifice anyone and and everyone except themselves. So you used them? that makes you how old? I'm not enough to make that claim. What we did was prevent their use not ensure it.
But then x+y=zero.
How strong is their faith if they find out after giving their wannabe martyrs a place and time in court we were to prepared to shoot first and bury them in pig carcasses. Sound rough? No worse than nuclear immolation. A certain amount not including the Islamic Atheists would become desaparecido. Rather lowers the odds.
It's not important for them to know we will or won't it's only important for us to know and for them to believe it. An occasional demonstration of 'will' helps. Does it work?
Remember 9/11?
Instead assume they remembered Hiroshima and Nagasaki. I assure you, hyperbole aside the Japanese do. Terrorist tactics? So? It's only called that if you lose.
But all the philosophy and all the rest of it won't stop zip when the missing ingredient is 'will' and a rather believable form of it. Not just the fear of an unstable clown nor a tradition of giving in every step of the way. Nor of a group of people that gave up everything to ensure peace in their short lifespan and in doing so lost.
I sure as hell would not believe this goverrnment of ours nor the people in the nation that put them there. They lack will, they lack honesty and the lack another key ingredient. Not just a philosophy but a moral philosophy.
.
That being the case I'm willing to bet Washington DC against Tehran. Instead of Washington DC betting our lives let them stand on Double Zero.
Convoluted but it works for me and it doesn't require the use of nukes in either direction.
"Private citizens" suffers from similar lack of definition, as does "should be allowed" - allowed by whom?
This is not a philosophical question, it is a political one.
Let's say I own a nuke, does my neighbor have the right to know?
If I were the neighbor, would I want to know?
I would love to claim the right to own any type of weaponry, but I think that this should fall under the 10th Amendment.
However, the fact remains, a failure on my part to adequately ensure the safety of my nuke on my property can have serious consequences for my neighbor. Also, by not informing them, I am denying them the knowledge to make an informed choice as to whether they continue to live there or not. As Khalling alluded to above in another reply, If I have a nuke, I should probably not "be a dick", about my possession.
If I screw up with my nuke and blow it up, your ability to sue the radioactive crater avails you little. Of course it would have to be someone who could sue on your behalf because you'd be part of the crater.
Suppose I live next to you, get a cannon, point it at your house and load it. Do you have no cause for action until I pull the trigger?
Pointing a cannon at my house and loading it certainly gives me probable cause to intercede in his actions, or for my government actors to do so. And if he moves to the trigger and the government isn't there yet (they probably won't be), I have cause to take my rifle and shoot him. But if all I observe is that he owns a cannon, I don't have cause to interfere.
As to my opinion. the first one to test it will find out what they did not want to know....but...being realistic and practical I moved out of harm's way where it wouldn't be tested by some Gestapo thug. Win win win.
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
In addition, where did the bill of rights come from?
There might be some practical considerations about my using it and some concerns about what might happen if someone takes it from me.
If this is an acceptable definition, then anything from sticks and stones to aircraft carriers and nuclear devices would be weapons. I think the focus of the question needs to be narrowed.
1) God (authoritarian)
2) Man (authoritarian)
3) Inheritable from our nature as human beings (Natural law)
Since we no longer live in a state of nature (pre-civilization), these rights must be viewed within the context of the politico-economic system in which they are to be applied. In the beginning of America when the Federal Government was viewed as a creation of the States (individual colonies) and the States were the People, the "right to bear arms" as necessary to the survival of citizens and country was not questioned. Today, of course, that relationship of Individuals to States to Federal Government has been destroyed by an a small group of Marxists leading an army of brainwashed useful idiots. Their answer to your question would be that the private citizen should not be allowed any weapons whatsoever. My answer is whatever weapons that would be necessary to keep me, my family ,my neighbors, and my country safe.
A meth lab has the potential to be a bomb.
We retain the right to reasonable personal arms under that system, because no reasonably constituted government can actually be hanging around as our protector all the time (and any government that was able to do that would become our oppressor itself in no time flat).
What "reasonable" is has to be defined by that objective legal system, including the votes of the population (the ones doing the delegating), and I don't think the precise position of the "line" can be defined in advance of the actual conditions in the country. Personally I would definitely include handguns but exclude automatics of any kind, but I haven't done enough research to be sure.
At the extreme end: you have the right to self defence, but you do not have the right to pre-emptively point your guns at someone else, as the act of pointing a weapon is initiating physical force against them. So indiscriminate weapons of mass killing (e.g. bombs, missiles, biological and chemical weapons) - which are effectively pointed at everyone within their radius of operation - are never properly under the control of private individuals.
Hmmmm....one step further. If the Iranians are stupid enough to swallow that sucker bait they deserve the eventual conclusion. I'm quite sure that the party previously famous for giving us Jackboot Janet Von Flamethrower Reno will have no problem toasting a few more babies and kids.
What does that have to do with philosophy? Plenty if it's the kind that preaches man's penchant for the destruction of mankind.
Ben Carson was right a few weeks ago- if the jews had guns, it would have been a LOT less likely Hitler could have done the holocaust.
Take our weapons away and governments historically just become more and more unfair and controlling.
Ayn Rand’s general position, as best I can determine from the two quotes below (from The Virtue of Selfishness), is that individuals have the right of self-defense, that in a free society they delegate this right to the government, and that the method by which this right is implemented can properly be determined by a majority vote. I take this to mean that citizens in an Objectivist country can adopt laws setting limits on the types of weapons that citizens can own.
“There is only one basic principle to which an individual must consent if he wishes to live in a free, civilized society: the principle of renouncing the use of physical force and delegating to the government his right of physical self-defense, for the purpose of an orderly, objective, legally defined enforcement.”
“A free nation – a nation that recognizes, respects and protects the individual rights of its
Citizens – has a right to its territorial integrity, its social system and its form of government. The government of such a nation is not the ruler, but the servant or agent of its citizens and has no rights other than the rights delegated to it by the citizens for a specific, delimited task (the task of protecting them from physical force, derived from their right of self-defense). The citizens of a free nation may disagree about the specific legal procedures or methods of implementing their rights (which is a complex problem, the province of political science and of the philosophy of law), but they agree on the basic principle to be implemented: the principle of individual rights. When a country’s constitution places individual rights outside the reach of public authorities, the sphere of political power is severely delimited—and thus the citizens may, safely and properly, agree to abide by the decisions of a majority vote in this delimited sphere.”
Schwartz states: "People have the right of self-defense and, therefore, the right to own guns. And the less adequate is the state's police protection, the more crucial that right becomes. (This does not, of course, mean that anyone ought to be permitted to carry any weapons he wishes. The government should certainly intervene when there is evidence that there exists a threat to innocent people -- for example, when someone carries a howitzer down the street, or when a minor or a convicted violent felon tries to buy a gun. But a gun in the hands of a normal adult does not in itself constitute a threat, and the government has no right to step in.)”
Whether or not any particular weapon represents an objective threat would depend on the following: (1) how safe is the weapon in the hands of a normal adult; that is, how easily it is controlled by the individual, and/or (2) how destructive is the weapon when used.
Most small arms require a very deliberate procedure for loading, arming and firing the weapon. And, even if a round is accidentally discharged after going through this procedure, the danger, though potentially serious, is limited.
A grenade, on the other hand, has no built in safety mechanisms and can cause great harm to anyone nearby if it is detonated.
A howitzer requires a very definite procedure for loading, arming and firing, but it is very destructive.
So, I would argue that there should be no conditions set on the ownership and use of small arms, subject to the two conditions above, and, like Schwartz, I would argue that government should set conditions on their ownership and use of more destruction weapons like grenades, howitzers, etc..
I would like to add that the government cannot properly ban any weapon. They can only set proper objective conditions of their ownership and use, subject to the two general conditions I mentioned above.
“There exists a law, not written down anywhere, but inborn in our hearts, a law which comes to us not by training or custom or reading, a law which has come to us not from theory but from practice , not by instruction but by natural intuition. I refer to the law which lays down that, if our lives are endangered by plots or violence or armed robbers or enemies, any and every method of protecting ourselves is morally right.” —Marcus Tulles Cicero (106– 43 BC) (emphasis added)
If you allow that government can set *'proper objective conditions of their ownership and use' you've given up your moral, individual self defense rights. You've now let government set the conditions and limits of your self defense. An Objectivist individual has no obligation to protect another, and sense the only authority a proper government has is that given to them by the individuals in that jurisdiction, they can not have the obligation to protect you.
Any other approach is non-Objectivist and is more Pragmatist and Relativist.
Morally, this is true. Also, morally, this is the justification for creating a government.
The sole purpose of government is to protect individual rights. If one can demonstrate that the ownership and use of anything – weapons or otherwise – violates or threatens to violate the rights of others, then the government can step in and set the conditions of its ownership and use.
Would you permit the unconditional ownership and use of nuclear weapons? What about rocket launchers? What about grenades?
There needs to be certain conditions of ownership and use even on small arms, like handguns. Pointing a loaded handgun at someone is a direct threat on their life, and therefore properly breaks the law.(threatens someone’s right to life) Shooting a handgun in a suburban neighborhood potentially threatens the lives of everyone one in that neighborhood.
This does not mean the government can ban the ownership and use of any of these weapons, leaving a man defenseless, but it can set the conditions of their ownership and use. Criminals, as an obvious example, should be barred from purchasing and owning any weapon.
These conditions do not violate a man’s right to self-defense, they implement it.
The use of physical force needs to be controlled by objective laws; that is, we need objective conditions that control both the government’s and the individual’s use of physical force. The opposite of tyranny is not anarchy.
It is up to the individual to effect his own 'self defense'. It is his individual right, not collective right, by virtue of existence. And each and every individual has the right to utilize any weapon that he can produce or procure for that purpose--notice that purpose is for self defense. He does not have the right to utilize a weapon for the initiation of force against another.
You may argue, that a particular weapon has the potential to harm too many people if mis-used. So does an automobile, a batch of poisonous herbs, a rogue wave, a cigarette in a sleepy person's hand in an apartment complex, a hammer or screwdriver or any number of common everyday hand tools, a drunk doctor, a mentally disturbed suicidal teenager, a leaking natural gas pipe or valve, and how far do you want to go with it. Life has never been, is not now, and can never be made to be 100% safe for every individual life, and all men are not rational nor use reason.
The difficulty with your argument is simply that once you give government, proper or otherwise, the authority to ban or control anything on any particular conditional basis--government will not stop at that point and there exist any number of other individuals that will push government to step over that condition or expand it's definition beyond the original scope. Our history of mankind, as far back as we're able to determine, even including archeological evidence, adequately demonstrates and proves that point.
A quote to illustrate that point: “Never forget, even for an instant, that the one and only reason anybody has for taking your gun away is to make you weaker than he is , so he can do something to you that you wouldn’t let him do if you were equipped to prevent it. This goes for burglars, muggers, and rapists, and even more so for policemen, bureaucrats, and politicians.” —Aaron Zelman and L. Neil Smith, Hope, 2001
This point is universal in the history and experience of mankind. Should one choose to ignore that, he does so at his own peril, but I won't let him make that decision for me. He doesn't have that right. It is mine, by birth and existence.
The “conditions of use” are nothing more (or less) than objective laws. Objective laws are required to control the power of government officials, limiting their power to only the protection of Rights.
A weapon is private property, and a proper government requires laws (“conditions”) to protect the rights of both the owner and others. For example, a 10 year old should not be allowed to own and use a gun without the supervision of a parent. Such laws are required to protect the Rights (i.e., lives) of the child, parents and others. A convicted felon should not be allowed to own any weapon at all. A private citizen should not be allowed to point a gun – which is a threat to one’s life – at any innocent person. These are all valid laws or conditions of use.
Should a company that wants to develop a nuclear power facility, or maybe even develop nuclear weapons for the military, be required to meet certain conditions of use? (i.e., should they be required to obey certain laws aimed at ensuring the protection of the lives of nearby citizens and employees?)
The only way Rights can be violated is through the use of force or through the threat of the use of force. In any situation where a person’s rights are violated, or threatened to be violated (as set forth above), by the use of force, then the government can and should step in and either stop the violation or remove the threat. In many cases, the removal of a potential threat, like the development of a nuclear power facility, can be accomplished through objective laws that set the conditions for its use.
Again, government cannot BAN anything, including a nuclear power plant, but it can and should set the conditions (u.e., objective laws) for its use. Rejecting tyranny does not mean we have to accept anarchy. We need objective laws to control government and to protect the Rights of all citizens.
But the theory of Objective Law by Objectivist defines: "Objective law is men's protection against power-lust. Objective law does not require submitting to anyone's will; it exists to prevent others from substituting their will, their plans, their judgment for one's own.
Although the function of objective law is to protect individual rights, the proper means for securing this protection is by bringing a civil or criminal action after the fact, not by prior restraint. If a plaintiff can prove that someone's planned action poses an objective threat of damage to him, he can sue for an injunction to prevent it. But the general possibility of human wrongdoing provides no grounds for requiring a given individual to prove he will not engage in it. Individuals are separate entities who possess free will and make their own independent choices. Therefore, the wrongful actions of some men do not cast the slightest suspicion upon the activities of others. This is another manifestation of the individualism embodied in objective law." See The Association for Objective Law. http://www.tafol.org/bulletins/b07.html
I can see that you have a fear of others' actions with the possibility (remote or otherwise) of impacting you. But those fears do not allow you nor the collective to limit, control, or otherwise restrain any of my (or anyone else's) individual rights.
'The premise of regulatory law is: since some individuals may act irrationally and irresponsibly, all must submit to supervision. Thus regulatory law sacrifices virtue to vice. Objective law is designed to protect the very thing regulatory law crushes: independence.'
One point of difficulty is that guns (like drugs) are subject to criminal misuse and no amount of gun control (drug control) up to and including confiscation will do anything to stem the criminal use of guns. Unlike drugs (which are rarely used as a weapon and have no practical application in self defense), the removal of legal guns leaves the law abiding more vulnerable. Something which has been demonstrated over and over. There is more violent crime in areas where legal gun ownership or possession is limited. On the other hand, I would argue that a policy that makes acquiring and owning guns too easy will eventually put more deadly force in the hands of people who are incapable of acting responsibly. Like drugs, gun violence is more of a socioeconomic problem than a "hammer" problem.
The other conundrum for many gun owners is the belief that the Second Amendment was drafted to prevent a rogue administration from being able to easily subdue and suppress rebellion. So the very people who would be trusted to "regulating the militia" are the ones who need to be kept in check. While armed revolt may sound far fetched to most of us, it certainly was not to our founders. There are many examples throughout history where the populace was disarmed as a dictator rose to power, Hitler, Pol Pot.... A man with a deer rifle in a bell tower is no match for Seal-Team-Six, but a largely armed populace is still a significant deterrent. I think our founders were smart enough to envision this as a last resort and more valuable as a deterrent than a practical tactic for reform.
A "Freakonomics" cost benefit analysis of guns VS cars it might be interesting, number of deaths, number of lives saved, impact on global stability and economy, pollution and global warming, quality of life, mobility, sense of security..............
On one side of the argument we want to believes that all people are intrinsically good, want to work, and if only given the chance will contribute in a positive way to society, but are not responsible enough to be trusted with a gun; and the other side believes income inequality is the motivator necessary for most people be to be productive, that the more comfortable the safety net the more people we will catch, but everyone can own a gun. Who really has more faith in mankind?
Jan
Jan
Libs believe you have the right to own anything, OBJ's hold an "objective" limit to civilian application.
The argument I remember is that military arsenals are the most heavily fortified places on earth - fortification no civilian, however wealthy, could duplicate.
The fact you own a nuke makes you a danger to everyone around you. Not by your action necessarily, but by the actions of those who would steal it from you.
I believe the official OBJ stand is that just as gov't has a monopoly on the initiation of force - so too does it have a monopoly on national defense.
Can't remember which essay - but I know I remember this.
you can search better from here, to rule it out at least
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