Quote:
|
I suppose the answer to my question would be some version of Depends on how he was tried, juvenile, adult, but I asked to be sure, and satisfy curiosity
|
I appreciate the curiosity, but I could not answer it has stated because it was not an element of or pertinent to the difference between knowingly committing the act and doing so not knowing that the recipient was a prohibited person.
Quote:
|
Originally Posted by JD
1) It is not demonstrably outside the constitutional powers of the Federal Government. To demonstrate it is outside those powers, one would have to point to it being judged unconstitutional under legal challenge, or something similar being so held. In point of fact, something similar has been upheld time and again. It may be your opinion, an opinion many share, but that is not the same as demonstrably unconstitutional.
|
I do not agree entirely. This harkens back to our discussions of the commerce clause in this thread. It should not take nine distinguished justices to define "interstate" and "commerce", or misdefine those terms.
No universal background check has previously been found constitutional or withstood constitutional challenge. Any such system that infringes the right described in the Second Amendment should run afoul of that amendment.
Quote:
|
Originally Posted by JD
2) Criminals getting guns in legal(for the seller) face to face transactions is a problem that DOES exist. The fact that they aren't using these guns for spree killing when they lose their mental faculties does not prove a lack of problem.
|
A law may address the real problem, but addressing a real problem does not establish constitutional legitimacy.
Quote:
|
Originally Posted by JD
3) Kochman may be responding to the spree shooting model, however I have not. Those crimes account for a blessedly small section of violence using firearms.
|
Emphasis added. I agree, and note that these rare events displace a disproportionately large volume in public policy discussion.
Quote:
|
Originally Posted by JD
4) No system will ever be omnipotent. A system that does the most it can, while intruding as little as possible is a goal worth aiming for, however.
|
Emphasis added. The bolded portion is part of the problem with universal background checks.