Originally posted by MrRiplEy[H]
So you believe that every American has the born right to bear arms, even if they're criminally insane? Example of a fine principle applied wrong.
Yes in this country EVERY citizen is born with those rights. Those rights can only be taken away if the person is convicted of a felony or declared mentaly incompetent by approved authority.
So a convicted felon or someone declared mentaly insane can not buy, own, or have in their possesion a firearm. Now before you go off about Cho and his being able to purchase a gun you need to understand one simple FACT. The system is not perfect. Yes he was evaluated by competent authority as a danger to himself and others but that evaluation was NOT performed due to his breaking any laws therefor those records were not allowed to be sent to the law enforcement authorities. If his records had been sent it would have been a violation of HIS 4th amendment rights. Now if a judge had ordered his mental evaluation in connection with a crime and a warrant had been issued to secure such an evaluation then it would have made it on his federal record and he would NOT have been able to legaly purchase a gun.
What you are failing to understand is that even though we as Americans have many different laws concerning many different things, we have RIGHTS that cannot be taken away from us without due process. Granted many of these rights enable criminals to do some horrific things before due process has a chance to be affective, but that is a small price to pay for our freedom. Our Rights were put there for the greater good of our citizens.
Our Declaration of Independance, and our Bill of Rights spells this out for us very clearly.
WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness—That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security.
Amendment II: Right to bear arms
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.
Amendment IV: Search and arrest warrants
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.