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Bush will veto hate crimes bill

I think that attacking someone because of his or her aspects, chosen or inborn, is a specific offense. We have distinctions between different levels of murder, different levels of assault, and so on; hate crime laws are merely a new distinction to be applied.

Yet they are misused and misconstrued. If a black girl is set upon at a remote beach and raped by a pair of whites, because of the fact that she's black, that is both a crime of rape, and a crime of hate. What it absolutely is not is an offense against all women, or all blacks, or all black women -- however much a number of black "leaders" would like to use claims that it is in rhetoric to serve their own agendas. It is a crime, a pair of crimes, against a specific person, not against a group.

And there is part of where James Dobson and his ilk get it wrong. Consider a Sunday morning, one that a thousand and more churches have agreed they will preach against homosexuality. In each of two of those churches, a gay young man is present. Both are angered, embittered, and feel humiliated by the preaching. In one church, the young man stands up, announces he is gay, and that the people there are full of hate and not love -- and the people stare at their feet as he walks out. In the other, the young man there stands up and does the same... but a half-dozen men of the church seize him, throw him to the center aisle, drag him out and shove him down the stone steps, spitting on him.
The first is not a hate crime; the second is.
Both churches were free to preach as vociferously and forcefully as they pleased against homosexuality -- but neither was free to physically manhandle the young man because he was gay.
The man in the second case was attacked,and there was depraved indifference to human life.There are degrees of a crime...manslaughter,negligent homocide,premeditated murder.You can rob someone through a mugging or electronic transfer of funds...there are of course degrees to crime specifications,but hate crimes legislation goes beyond it.You punish the crime by its severity,but separating it by classes of aggrieved groups is wrong and unconstitutional.You lynch a black man you have commited a depraved murder,but a serial killer or a vicious passion crime is no more or less equal in classification,the victims were all brutally killed,and no one has a legal claim to additional criminal sanctions than the other...this is where liberals and conservatives disagree,group classification is wrongheaded and has no basis under an apolitical interpretation of the law.Like I said,the law should not be used to promote specific group based outcomes due to motivations in criminal cases.
 
I know of your situation and completely hope everything works out for you.I realize it has been straining and frustrating at times,but I am glad you have found a good new place for you that would be convenient for your needs location wise physically and medically.Whatever our disagreements,I always respect you and your decency and character and fairness.Go rest now,and take care of yourself...we ain't going anywhere and I hope you feel strong again soon,and get moved yourself moved in and situated in your new place... I'm certain you'll take me to task upon your return on something!!;) (*8*)
 
When the law reads as crime against the state in your context of treason, and ignoring the qualifications I gave to specifically prevent such a misconstruance, state in the context you have used it doesn't mean the citizeny as a whole with regard to the equetable treatment of citizens, but a crime against a specific political regime or form of government (which may or may not have many or no legislation regarding civil rights) that may currently hold power over the citizenry. ;) A connotation in the context I used the word I specifically spelled out I was not intending.

I'm not sure I follow you here: are you saying that when you say "crime against the state" you mean "crime against the citizenry as a whole"?
 
I can see the gay republican "why won't you let them bash you?" machine working.

Stupid jackasses.

So how does Karl Rove's ass taste, just curious? [removed member names]

Kind of like the "We'll get to it after they bash you" gay Democrat machine. #-o

Given the frequency of serious gay bashing, I just don't understand the Democrats' approach to it. :confused:
 
The new bill amends Section 245 of Title 18 of the US Code. Here's a summary of that section from the Justice Department website:

The portion of Section 245 of Title 18 which is primarily enforced by the Criminal Section makes it unlawful to willfully injure, intimidate or interfere with any person, or to attempt to do so, by force or threat of force, because of that other person's race, color, religion or national origin and because of his/her activity as one of the following:
  • A student at or applicant for admission to a public school or public college
  • A participant in a benefit, service, privilege, program, facility or activity provided or administered by a state or local government
  • An applicant for private or state employment; a private or state employee; a member or applicant for membership in a labor organization or hiring hall; or an applicant for employment through an employment agency, labor organization or hiring hall
  • A juror or prospective juror in state court
  • A traveler or user of a facility of interstate commerce or common carrier
  • A patron of a public accommodation or place of exhibition or entertainment, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters, concert halls, sports arenas or stadiums.

This statute also prohibits wilful interference, by force or threat of force, with a person because he/she is or was participating in, or aiding or encouraging other persons to participate in any of the benefits or activities listed above without discrimination as to race, color, religion, or national origin.


The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

http://www.usdoj.gov/crt/crim/245.htm

So it actually affords protection under a pretty broad range of circumstances. For example, in 2002 it was used to prosecute a man who set fire to a Pakistani restaurant.

Now whether it could be used against a man who goes up to a gay guy and shoots him in the face, depends a lot on where it took place and what else was going on.

And needless to say, the willingness of the federal gov't to use the statute depends on who controls the Justice Department....

EDIT: But at least, I'm guessing, it would have covered that guy who bombed the gay bars in Georgia.

ANOTHER EDIT: In other words, you can't just prosecute somebody for killing a gay person, even if he did it specifically because the guy was gay. The gay person has to have been engaged in a protected activity in one of the six categories mentioned above.

But protected activity apparently includes sitting in a bar or restaurant. The reason for this lies in the origin of the law (which was enacted in 1969) in the civil rights struggle in the South. The right of black people to use public facilities like bars and restaurants was very much a part of that struggle, since those facilities previously had been segregated. So this is a holdover from that era.

I believe the statute has been interpreted quite broadly at various times in the last 40 years, but I haven't done enough research yet to give you any examples. Not completely clear to me that the Matthew Shepard case would have been covered.
 
Kulin, the trouble is the judges. An awful lot of Christian Conservative judges give really lenient sentences to gay bashers.

There was a high-profile case in Utah; a cowboy shot, point-blank, a gay guy living in a Utah town.

The judge, a Mormon who has been widely known for bringing Mormon values to the bench, gave him a 5-year sentence on a manslaughter charge. The murder was clearly Murder in the 1st.

Hate crimes legislation is meant to prohibit judges from doing this kind of injustice.

Can we impeach a judge?

I was referring more to the fact that by the time it gets to a judge, it's often already too late.
That's why I belong to the Pink Pistols ( see my siggy) and urge everyone else to do the same -- as the motto goes, "Armed gays don't get bashed".
 
=======

Kulindhar:

Yes! That was exactly what I was saying with my use of the term/phrase. That's why if you go back and read the original post you'll see I went to great length in the post to even spell that out as to how I was using the phrase in the context of that particular post.

That's what I thought.
For something to be "a crime against the people as a whole", it would have to actually harm all the people as individuals. The only crime which can be really said to fit that would be treason.

I subscribe to the proposition, which used to be universally held, that "where there is no harm, there is no crime" -- and the crime is against those harmed, only. A hate crime, then, is against just the person who was the target of the crime, and no one else.
 
Quote:
The purpose of a federal hate crimes law is to allow the federal government to prosecute hate crimes when local law enforcement and/or bigoted juries elect to look the other way.

This is the reasoing? Look...why CAN'T the federal government do this ANYWAY? WITHOUT the need for "hate crime" legislation? If a crime is comitted and the locals "look the other way", the federal government should be able to come in anyway. Why can't they? Why do they have to call it "hate crime" to come in and investigate? Why can't they investigate ANY crime that the locals let go?

The feds can't do it because of a little thing called federalism. Most violent crimes are state law crimes so the feds can't just go in and prosecute if they think the state prosecutor is doing a bad job. So, in order for the feds to go in, we need a federal crime. BTW, the African-American guy who killed the rabbinical student in Crown Heights was prosecuted under a federal hate crime statute because he was originally acquitted by a local jury so blacks can be convicted under it too. The statute itself is race neutral as others have pointed out.
 
Holland.....

Don't you have internet access (Oh... you post on JUB... I guess you do)? You have just as much ability to research this and find out the facts as anyone, yet you refuse and you post this BS on here like you know what you're talking about. Honestly, you are totally clueless!! If you refuse to listen to any of the previous posts in this thread as evidence enough that this legislation is needed, then it's not going to do any of us any good to try to convince you. In any case.........

The vote to pass the bill in the House was 237 - 180. Took 10 seconds with a Google search to find that out. Instead, you speculate.

The full text of the bill is here..........and it clearly states that it would allow the Feds to intervene in cases where the state requests it, the state in insufficient in its investigation and / or prosecution of said crime, and would also allow for the Feds to intervene if the person responsible for the hate crime is not held fully accountable by a court of law (in other words, not punished accordingly because of bias or discrimination of the victim by the jury or court itself).

It even has a line at the end for the law not to be construed to infringe on 1st Amendment Rights. Yet the far-right wing-nuts are shaking in their boots and making it sound like it will police their thoughts.... what a load of total crap.

The full text of the bill is here:

http://www.govtrack.us/congress/billtext.xpd?bill=h110-1592

Took me about 15 seconds to find this using Google again. Something you apparently don't know how to do. Have you even heard of Google?

But whatever, I guess it really doesn't matter. I did the leg work for you. Enjoy it although I doubt you will believe this either.
 
^ I like it when people are subtle. :badgrin:

Holland, it would be scarier if the FedGov could do something without needing to have a law saying they can! It's bad enough that there are tons of federal laws that are illegitimate because there's no constitutional authorization; it would be really bad if the FedGov started just acting aribitrarily.





Oops -- too late; the last two presidents have acted that way, one on occasion, the other as a habit. But let's not encourage them....
 
If treason doesn't violate a right, it isn't a crime. Since only individuals have rights, not governments, defining it as being against a government doesn't make it a crime -- not a real one; there are lots of things defined to be crime which aren't, actually (such as smoking pot).
I'll leave that for the moment.

Crimes against humanity are such because they are actions against large masses of people, atrocities on the order of persecution, systematic, government-approved, and horrific. They thus violate not merely some rights, but those most basic of all.
Yet they are not in a different category than other crimes; it is a difference of degree, not essence. Rape, torture, and enslavement are not themselves crimes against humanity, but if they are widespread and part of a government program, they may become so. But those same actions are crimes in and of themselves, because they are violations of basic, inherent human rights. Civil rights are nothing but codified statements of inherent human rights, so violating a civil right is a crime because it's a violation of a human right.
Assuredly, some government may encode "civil rights" which aren't rights, but privileges. Conversely, many governments fail to encode some human rights as civil rights (and that failure to do so is a crime).

So in a way treason may not be a crime; if it is for the benefit of the people and their rights, it is actually the correction of a crime -- so of course it may be argued that it wasn't treason. OTOH, I don't see any other crime that would be against the whole people, at least if we're staying in the realm of actions by private citizens.


I hope that wasn't too rambling.
 
True and False. True in that governments do not have civil rights. But governments do have rights. The entire debate that's been waged for decades between Federalism and States Rights is all about what rights a government has or does not have. There are also the rights of sovereignty, for example. In the case of the US the Constitution and Bill of Rights to use those specific documents as an examplel, those not only define what civil rights the citizens have but also what rights the government does not have and does have.

No -- governments do NOT have rights; they have only authority. Their authority derives from the consent of the governed, who do have rights. The rights of people are inherent, and government can neither grant them nor take them away; the rights remain. That view is basic to the Constitution and is foundational to the whole principle of human rights; in fact, it is foundational to the concept of liberty.

I agree that crimes against humanity are acts generally committed against large masses of people, however, they do not have to be by necessissity.

Crimes against humanity have to be mass crimes; that's part of the definition. But note that it isn't a "crime against all the people of the world" -- the concept of a crime against humanity is that the actions are the sort which denies the humanity of the victims, and dehumanizes those who perform them, on a scale which impacts most or all of the human race; it doesn't have to actually be a threat to the entire race.

This was agreed early on in this conversation. However, it was also illustrated between the difference between a rape as an action against an individual for example, and how a rape may also be an action against all women.

A rape is an action against the victim -- period. It may frighten all women, it may make them worry they might be next, but they are not victims of that crime, it was not against them. A series of rapes is still not a crime against anyone but those victims. A series of rapes with notes indicating that the rapist intends to keep raping until he/she reaches 1,000, or some such thing, is still only rape against the victims -- but then it has crossed the line into terror, which can be against all the potential victims.

You keep ignoring the differences between crimes to harm an individual and crimes to intimidate an entire group. Hate crimes are crimes whose very purpose is to intimidate and terrorize a class or group, which is where the underlying closeness and similary to crimes against humanity come in, because those are actions as well not just against individuals but actions against entire groups or classes of people. You have argued that the two separate criminal aspects of a hatre crime are not harmful to all citizens but simply remain a crime against an individual, but if you are going to take that line of argument then you must also argue that crimes against humanity are not crimes against all humans, because both types of crimes are targets toward only certain groups of people not all. You are correct in what distinguishes the two is all about the matter of degree, which I acknowledged from the get go.

If you're going to define a crime by its intent or purpose, you'll have to invent thought police -- which would in fact be a greater crime.
I'm not sure I'd call intimidation a crime; that's basing crime not on the actions of the perpetrator, but on the feelings of the victim -- an approach whose utter stupidity has been playing out in sexual harassment cases for years. "Date rape", too, is to a large extent a crime based on the feelings of the alleged victim, feelings which overrule agreement or acceptance (and college men have been prosecuted for date rape when the female "felt raped", but there was no physical-sexual interaction at all).
Terror, though, is a different creature; it consists of actions that would instill substantial fright into any reasonable person, actions moreover which are in essence announced as having that response as an intended result. The arson or whatever that is an act of terror is still only a crime against those it harmed, or whose property it harmed, but it is also a crime of terror against all the population of declared "enemies".
So a hate crime is a crime against the victims(s) on more than one level, but unless it rises to the level of terror -- including the declared intent to seek more victims -- it is still only a crime against the immediate victim.
 
BTW: This is also false

As I pointed out, some civil rights may share things in common with human rights and some human rights may underly the reasons for a civil right, but civil rights and human rights are not synonymous terms and cannot be used interchangeably as if they are. Voting is a civil right for example, as is the right to bear arms, in the US; however, neither of those is considered to be a human right. However, individuals can attempt to use intimidation and terror to deprive certain groups or classes of people of either type of rights and have done so and do so.

Nope.
The right to keep and bear arms is a universal human right, inherent in the dignity and value of the human person. The Framers of the U.S. Constitution were wise enough to write down a protection for it, but it was already a right -- they did not grant it, as government cannot grant rights, it can only restrict their free exercise.
Voting per se is not a right at all, but it is a mode of expressing the right of individual sovereignty, from which the authority of governments derives, and is thus an indirect right, a way the individual participates in self-determination of the political level.
Intimidation and terror only work against people willing to cringe and hide and let themselves be herded as sheep instead of standing up for themselves. That doesn't make terror not a crime, but it does indicate the proper response.

Just as there are two components to crimes against humanity to constitute it as such a crime, so are there multiple components as to what constitutes a hate crime, rather than the mere act of the crime against an individual. Which loops us back to something else said earlier in the discussion about intents and motivations, which are also used to determine degrees of punitive sentencing in attacks which do not have multiple components in what constitutes them as a certain type of crime and where the crime is an act only against a specific individual, the different charges and sentences one my face for murder for example.

Crimes that are committed such as assault and/or murder are still tried and sentences rendered for those crimes and themselves carry varying degrees of punitive harshness depending on the intent in committing the crime. In the case of a hate crime, the additional penalties are only applicable when the intent for the crime can be proven to be to terrorize or intimidate to deprive someone of a legally recognized civil right in order to intimidate an entire group of class of people. It's that additional attempt to deprive the civil right by acts to intimidate a group which is used to justify the additional harsher sentence.

The crime of a hate crime isn't the actual attack it's the act to terrorize to deprive a civil right. The crime of crimes against humanity isn't solely the attack or action taken against people, it's the reason or intent for those actions being taken which constitutes the second component of a crime against humanity which constitutes it as being such.

Keeping in mind that the hate crime law is not intended to be an "anti-discrimination" piece of legislation, nor a piece of legislation to act as anti-discrimination prevention, or define rights or remove rights. The Hate Crime codes do not address the issue of discrimination or rights at all. The Hate Crime codes only define what constitutes a crime and when it can be used to seek a punitive redress when one is a victim of the specific form of crime when that action embodies all components of what defines it as a crime, not just a single component.

By your definition, what happened to Matthew Shepard wasn't a hate crime. The murderers killed him because he was gay, but they didn't have any idea in mind of killing off more gays, or intimidating anyone -- they just didn't want that gay dude around any longer, so they killed him.
The core of what makes it a hate crime is that they killed him not just because they were killing some random person, or to get something from him, or whatever, but specifically because he was gay. It was and is irrelevant whether they cared if any other gays got scared at all; what's relevant is that they killed him for who he was, and no other reason -- not as an enemy of some sort in a criminal conflict, but as someone worthy of their despite just because of one aspect of his being. They didn't even care who he was as a human being; all that mattered was that he was gay, and in effect any gay would have done. They didn't even hate him as a person -- they hated "gay", and killed one gay.
A hate crime isn't a hate crime because of its effect on anyone other than the victim; it's a hate crime because the victim is both more and less than just someone being simply attacked: more, because the attack is driven by hate, but less because the victim isn't even seen as a person, only as a hated object.
 
That most of the nations of the world see fit to deny it does not remove keeping and bearing arms from being a universal human right. Universal rights are not dependent on what governments think of them.
Is being equal, when you're female or gay or black, merely a "civil right"? No -- it is universal, and the fact that most nations haven't acknowledged that it irrelevant. It's the same with the right to keep and bear arms, which is an aspect of the right to self-defense: it's universal, whether it's acknowledged or not.
"Security of person" isn't a right at all -- it would be nice to be secure against hurricanes, volcanoes, earthquakes, lightning, meteors, but there's no "right" to that.
There's a fair number of rights, universal human rights, that most people don't like; the right to keep and bear arms is one. Along with it is the right to insurrection against tyranny, on which the Declaration of Independence rested. The only ones most people recognize as human rights are those which the exercise of those two rights in conjunction with others have driven home.
Most people don't even acknowledge the right of personal sovereignty, though, so that isn't surprising.
 
I don't know why we're on this topic, and I'm not patient enough to read through it all, but here's the deal.

The AMERICAN right (it's a very American right, not a 'human right') to bear arms was created during a time when arms were IMPOSSIBLE to conceal, HORRIBLY inaccurate, and took half a minute to load.

Muskets are VERY different from semi-automatic handguns. VERY. How far do you want the right to bear arms to go? How far along the scale of technological advancement? Should Michael Jordan be allowed to buy a nuclear bomb? He could afford one. I hear North Korea's offering an all-new low price.

Muskets were tools for Revolution. It was what the Founding Fathers intended. Handguns are tools for MOWING PEOPLE DOWN. If the right to mow people down is so important to you, why isn't owning a freaking TANK legal? I've always wanted my own fighter jet... if I ever get suicidal, I can go and knock down half of New York's skyline before blowing myself to smithereens. Hooray!

Not only are the origins of your beliefs questionably relevant, but the lines that bound them are arbitrarily drawn.

Absolutely ridiculous. No sense of morality in the slightest.
 
Yes, it is on the Senate, now. It has been renamed the Matthew Shepard Act, and will most likely be passed sometime this summer.

The bill does not presently have enough support to overcome a presidential veto.
 
Look, I'm not going to get sucked into one of your tangents about a personal baliwick of yours. But the right to bear arms is not a universal human right. What is a universal human right is security of person. However, as to what or how to go about assuring security of person is debatable and is where it becomes dependent on the civil rights and jurisdictional decisions that involves civil rights.

It absolutely is a universal human right -- it's the natural and proper extension of the inherent right to self-defense. Self-defense, to be meaningful, inculdes the right to instruments of one's choice for a sufficient defense against the latest technology.
And it is essential to fighting hate crimes. No law will protect a person against a hate crime, except perhaps one providing a bodyguard to every person who might become a victim. The only guaranteed protection is to become your own bodyguard.

For you, ensuring the security of person is the right to bear arms, for others it's not allowing people to bear arms which helps ensure security of person; i.e. for you it's all about gun ownership, for others it's not allowing gun ownership, e.g., the differences between the US and England. But the right to bear arms is not a universal human right it's a civil right. The universal right is security of person and gun ownership is one and only one of the considered means that may be attempted to assure such security of person.

"not allowing people to bear arms which helps ensure security of person" is such a load of silliness I don't see how people can buy into it. For starters, people who want to violate someone's person will ignore any such rule, as has been demonstrated over and again in numerous countries when people use guns in "gun-free zones". Belief that a law can protect people against violence is a belief in magic, pure and simple.
There may be a right to secure one's own person, but that's just another way to say "self-defense". No one else can secure your person for you, and depriving someone of the means to do so only makes them less secure. Take away the most effective means, and criminals will turn to others -- or they will turn to hardware stores, where one can purchase what is necessary to make firearms, or crossbows, or blowguns, or whatever.

If you want to discuss gun ownership and resume your advocacy for that, then go take up the subject again in one of your multiple threads where you obsess on that subject or have already highjacked the topic onto that issue. It's way off topic for this subject and I've already strayed way off topic myself and have been trying to put an end to such off-topic discussion being continued.

I've never hijacked the topic onto the right to keep and bear arms. It's interesting that when someone advocates for freedom of the press, they don't get attacked by a half-dozen others, or if they stand for freedom against search and seizure they aren't set upon by a pack in opposition, but speak one word in defense of this most basic of natural rights, and the make-everyone-a-victim swarm descends with a fury... and then accuses the person who has merely pointed out an inherent freedom we should make use of of "hijacking" the thread.
I brought it into this thread because it is appropriate: anyone believing that a law will protect them from getting bashed, i.e. from hate crimes, is living in a world of make-believe. Once the rednecks are there with their rope to drag us by our feet through the back roads, if you rely on your law, and I rely on my .357, guess who's not getting bashed? All the law can do is decree that the bashers, if they get caught, and if there's a jury that isn't sympathetic, will sit on their butts in prison for a time. So when it comes right down to it, in terms of safety for gays it doesn't matter if Bush signs the bill or vetoes it -- it will only make a difference in what happens after.
The Pink Pistols' motto is "Armed gays don't get bashed" for a reason: once some gay-hating types decide to get violent, nothing else will stop them except superior force.

However, it's odd you contend that security of person isn't a universal right since the entire article 3 of the universal declaration of human rights consists of a single sentence: "Article 3. Everyone has the right to life, liberty and security of person." Yet, I shouldn't be surprised because you still don't seem to be able to grasp the distinction between civil rights and universal rights, why the two are not synonymous, and how security of person is a universal right while something like the civil right to bear arms is a debatable means codified as a civil right that may be attempted to assure the universal right of security of person.

I don't really care what a bunch of bureaucrat types striving for a text that won't upset many people wrote down. I'm talking about truth and reality.
And I'll say it again, this way: any government which does not allow citizens to possess whatever means those citizens choose for the protection of their persons is not a free country, but a realm where the dignity and worth of the individual are not recognized -- however much the words may be used. Any government which says, "You may not defend yourself with means commensurate to the possible dangers against you" is saying "We'd rather you be a victim" -- and at root is saying, "You don't own yourself; we do".
Which is what gay-bashers act out -- their attempt at ownership of you. And if your government does not permit you to carry the means to stop two, three, four or more attackers at once, then they are partners in your victimization.
 
I don't know why we're on this topic, and I'm not patient enough to read through it all, but here's the deal.

The AMERICAN right (it's a very American right, not a 'human right') to bear arms was created during a time when arms were IMPOSSIBLE to conceal, HORRIBLY inaccurate, and took half a minute to load.

Muskets are VERY different from semi-automatic handguns. VERY. How far do you want the right to bear arms to go? How far along the scale of technological advancement? Should Michael Jordan be allowed to buy a nuclear bomb? He could afford one. I hear North Korea's offering an all-new low price.

Muskets were tools for Revolution. It was what the Founding Fathers intended. Handguns are tools for MOWING PEOPLE DOWN. If the right to mow people down is so important to you, why isn't owning a freaking TANK legal? I've always wanted my own fighter jet... if I ever get suicidal, I can go and knock down half of New York's skyline before blowing myself to smithereens. Hooray!

Not only are the origins of your beliefs questionably relevant, but the lines that bound them are arbitrarily drawn.

Absolutely ridiculous. No sense of morality in the slightest.

It's a human right, which anyone who's ever actually studied the subject would know. It's the outgrowth of the right to self-defense.

Asking if an individual should be allowed to own a nuclear bomb merely shows ignorance of the whole subject. Engage brain, please -- like, do some reading, before spouting nonsense.

Handguns are for defending your person -- not mowing people down. Clearly you know nothing about firearms -- only in the movies are handguns ever used for "mowing people down", and that by use of a level of skill that is improbable at best in real life.
And the only people I want to "mow down" are individuals set on doing violence to me and/or my loved ones and/or property.
Properly, owning a tank should be legal -- for people for whom a tank is appropriate, i.e. members (plural) of a well-regulated, i.e. disciplined, trained, and drilled, militia. That was the case in colonial times, though the closest thing they had to a tank was a field piece. The same goes for a fighter plane.

The origins of my belief are ancient China, Rome, and various philosophers including Aristotle, Cicero, and Machiavelli. And there are no arbitrary lines: "the right of the people to keep and bear arms" means precisely what it did when it was written, but the writers took a good education for granted: "the people" as individuals are permitted to, and ought to, own and carry personal weapons; "the people" as militia are permitted to, and are intended to, have crewed weapons -- all sufficient to overthrow the government.

And it all rests on the only logical foundation for morality: You own yourself. Any other philosophy is a cop-out, a shirking of responsibility, and a refusal to stand up and be your own person, a human being of dignity and worth who displays it by being willing to defend himself against threats personal or corporate.
 
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