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  4. Thus is delivered a legal smackdown

Thus is delivered a legal smackdown

Scheduled Pinned Locked Moved The Soapbox
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  • D Offline
    D Offline
    Dan Neely
    wrote on last edited by
    #1

    http://www.siouxcityjournal.com/news/local/article_b6b931ef-32dd-5743-9e72-2d6f23f4a3a6.html[^] PRIMGHAR, Iowa -- U.S. District Court Judge Mark W. Bennett has ordered Osceola County Sheriff Douglas L. Weber to issue a gun permit to a resident and to complete a college-level course involving the First Amendment. ... The sheriff is also required to get approval from the court on the class he takes and provide proof of a passing grade on completion. All the excerpts from the article below are the judge thumping on the sheriff for being an idiot: "The court finds a tsunami, a maelstrom, an avalanche, of direct, uncontroverted evidence in Sheriff Weber's own testimony to conclude beyond all doubt that he unquestionably violated the First Amendment rights of at least Paul Dorr," Bennett wrote in his ruling. ... Weber testified that he had heard people refer to Paul as "a whacko, delusional, a nut job, a spook, and narcissist," Bennett's decision noted. "Regardless of the adjective used to describe Paul, however, Sheriff Weber stated that Paul's 'lousy' reputation was due to his political activities of writing letters to the editor and distributing fliers." The ruling continued, "Giving Sheriff Weber more deference than is due his elected status, the court finds that Sheriff Weber denied Paul's application for a concealed weapons permit not because of the content of his First Amendment activity but because it was effective and agitated many members of the local community." And, Bennett said, "In denying Paul a concealed weapons permit, Sheriff Weber single-handedly hijacked the First Amendment and nullified its freedoms and protections. Ironically, Sheriff Weber, sworn to uphold the Constitution, in fact retaliated against a citizen of his county who used this important freedom of speech and association precisely in the manner envisioned by the founding members of our nation ... "In doing so, this popularly elected Sheriff, who appears to be a fine man and an excellent law enforcement officer, in all other regards, blatantly caved in to public pressure and opinion and, in doing so, severely trampled the Constitution and Paul's First Amendment rights to freedom of speech and association. This is a great reminder that the Firs

    C 1 Reply Last reply
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    • D Dan Neely

      http://www.siouxcityjournal.com/news/local/article_b6b931ef-32dd-5743-9e72-2d6f23f4a3a6.html[^] PRIMGHAR, Iowa -- U.S. District Court Judge Mark W. Bennett has ordered Osceola County Sheriff Douglas L. Weber to issue a gun permit to a resident and to complete a college-level course involving the First Amendment. ... The sheriff is also required to get approval from the court on the class he takes and provide proof of a passing grade on completion. All the excerpts from the article below are the judge thumping on the sheriff for being an idiot: "The court finds a tsunami, a maelstrom, an avalanche, of direct, uncontroverted evidence in Sheriff Weber's own testimony to conclude beyond all doubt that he unquestionably violated the First Amendment rights of at least Paul Dorr," Bennett wrote in his ruling. ... Weber testified that he had heard people refer to Paul as "a whacko, delusional, a nut job, a spook, and narcissist," Bennett's decision noted. "Regardless of the adjective used to describe Paul, however, Sheriff Weber stated that Paul's 'lousy' reputation was due to his political activities of writing letters to the editor and distributing fliers." The ruling continued, "Giving Sheriff Weber more deference than is due his elected status, the court finds that Sheriff Weber denied Paul's application for a concealed weapons permit not because of the content of his First Amendment activity but because it was effective and agitated many members of the local community." And, Bennett said, "In denying Paul a concealed weapons permit, Sheriff Weber single-handedly hijacked the First Amendment and nullified its freedoms and protections. Ironically, Sheriff Weber, sworn to uphold the Constitution, in fact retaliated against a citizen of his county who used this important freedom of speech and association precisely in the manner envisioned by the founding members of our nation ... "In doing so, this popularly elected Sheriff, who appears to be a fine man and an excellent law enforcement officer, in all other regards, blatantly caved in to public pressure and opinion and, in doing so, severely trampled the Constitution and Paul's First Amendment rights to freedom of speech and association. This is a great reminder that the Firs

      C Offline
      C Offline
      Christian Graus
      wrote on last edited by
      #2

      I do believe that posts about Americans being insane gun nuts, belong in the soapbox.

      Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.

      D realJSOPR 2 Replies Last reply
      0
      • C Christian Graus

        I do believe that posts about Americans being insane gun nuts, belong in the soapbox.

        Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.

        D Offline
        D Offline
        Dan Neely
        wrote on last edited by
        #3

        You may have been joking; whoever moved this post clearly missed the point.

        3x12=36 2x12=24 1x12=12 0x12=18

        C 1 Reply Last reply
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        • D Dan Neely

          You may have been joking; whoever moved this post clearly missed the point.

          3x12=36 2x12=24 1x12=12 0x12=18

          C Offline
          C Offline
          Christian Graus
          wrote on last edited by
          #4

          Discussion of gun ownership, amendment rights and US politics, are not lounge material.

          Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.

          D realJSOPR 2 Replies Last reply
          0
          • C Christian Graus

            Discussion of gun ownership, amendment rights and US politics, are not lounge material.

            Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.

            D Offline
            D Offline
            Dalek Dave
            wrote on last edited by
            #5

            Can we discuss Gnu ownership?

            ------------------------------------ I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave

            CPalliniC 1 Reply Last reply
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            • C Christian Graus

              I do believe that posts about Americans being insane gun nuts, belong in the soapbox.

              Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.

              realJSOPR Offline
              realJSOPR Offline
              realJSOP
              wrote on last edited by
              #6

              Christian Graus wrote:

              I do believe that posts about Americans being insane gun nuts, belong in the soapbox.

              We're not "nuts", or "insane", and it really pisses me off when someone from another country refers to us that way.

              .45 ACP - because shooting twice is just silly
              -----
              "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass..." - Dale Earnhardt, 1997
              -----
              "The staggering layers of obscenity in your statement make it a work of art on so many levels." - J. Jystad, 2001

              W W J 3 Replies Last reply
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              • C Christian Graus

                Discussion of gun ownership, amendment rights and US politics, are not lounge material.

                Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.

                realJSOPR Offline
                realJSOPR Offline
                realJSOP
                wrote on last edited by
                #7

                I call bullshit.

                .45 ACP - because shooting twice is just silly
                -----
                "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass..." - Dale Earnhardt, 1997
                -----
                "The staggering layers of obscenity in your statement make it a work of art on so many levels." - J. Jystad, 2001

                L 1 Reply Last reply
                0
                • D Dalek Dave

                  Can we discuss Gnu ownership?

                  ------------------------------------ I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave

                  CPalliniC Offline
                  CPalliniC Offline
                  CPallini
                  wrote on last edited by
                  #8

                  We may discuss a CCC ban. :-D

                  If the Lord God Almighty had consulted me before embarking upon the Creation, I would have recommended something simpler. -- Alfonso the Wise, 13th Century King of Castile.
                  This is going on my arrogant assumptions. You may have a superb reason why I'm completely wrong. -- Iain Clarke
                  [My articles]

                  In testa che avete, signor di Ceprano?

                  1 Reply Last reply
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                  • realJSOPR realJSOP

                    Christian Graus wrote:

                    I do believe that posts about Americans being insane gun nuts, belong in the soapbox.

                    We're not "nuts", or "insane", and it really pisses me off when someone from another country refers to us that way.

                    .45 ACP - because shooting twice is just silly
                    -----
                    "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass..." - Dale Earnhardt, 1997
                    -----
                    "The staggering layers of obscenity in your statement make it a work of art on so many levels." - J. Jystad, 2001

                    W Offline
                    W Offline
                    wolfbinary
                    wrote on last edited by
                    #9

                    John Simmons / outlaw programmer wrote:

                    We're not "nuts", or "insane", and it really pisses me off when someone from another country refers to us that way.

                    That must be how the Muslims feel in other countries when we call them fascist or rag heads, etc. Or maybe it's when we call people from other countries socialists like it's some sort of devil phrase. I hate to break it to you, but we like they are "nuts", and "insane" when blatant contradictions come up are excused away by the constitution or any other excuse to do something that is both illogical, irrational and destructive to our own self-interest or society as a whole.

                    That's called seagull management (or sometimes pigeon management)... Fly in, flap your arms and squawk a lot, crap all over everything and fly out again... by _Damian S_

                    1 Reply Last reply
                    0
                    • realJSOPR realJSOP

                      I call bullshit.

                      .45 ACP - because shooting twice is just silly
                      -----
                      "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass..." - Dale Earnhardt, 1997
                      -----
                      "The staggering layers of obscenity in your statement make it a work of art on so many levels." - J. Jystad, 2001

                      L Offline
                      L Offline
                      Lost User
                      wrote on last edited by
                      #10

                      It doesn't belong in the lounge because Christian isn't as comfortable insulting the entire population of a country while in the Lounge. That sort of juvenile behavior belongs in here. Apparently Christian isn't capable of discussing any subject even remotely related to guns without initiating an insult match more appropriate for kids. Far more revealing of his own prejudice than anything else, but whatever. I'm sure he's above reproach. [edit] grammar tweak [edit]

                      L u n a t i c F r i n g e

                      modified on Friday, July 9, 2010 12:02 PM

                      1 Reply Last reply
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                      • realJSOPR realJSOP

                        Christian Graus wrote:

                        I do believe that posts about Americans being insane gun nuts, belong in the soapbox.

                        We're not "nuts", or "insane", and it really pisses me off when someone from another country refers to us that way.

                        .45 ACP - because shooting twice is just silly
                        -----
                        "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass..." - Dale Earnhardt, 1997
                        -----
                        "The staggering layers of obscenity in your statement make it a work of art on so many levels." - J. Jystad, 2001

                        W Offline
                        W Offline
                        William Winner
                        wrote on last edited by
                        #11

                        How about someone from your own country? I don't think you're insane, but I do think you're nuts! Personally, I think the 2nd Amendment creates some interesting contradictions within both parties. Granted, there are many ways to say what makes a Republican a Republican and what makes a Democrat a Democrat, but one of the ways is to define their views of the constitution. Traditionally, Republicans view the Constitution through the idea that it should be interpreted exactly as the framers would. While, on the other hand, Democrats traditionally view it as a "living document" that must be interpreted through the eyes of "modern" people. Except when it comes to the 2nd. The views get switched there. Democrats say that the framers needed the public to be able to "bear arms" because without a militia (note that it says "well regulated militia"), we would never have been able to raise an army large enough to defeat the British. Even with it, we couldn't without the help of the French. Personally, I don't feel the 2nd is useful anymore. We don't need a militia now. And removal of the 2nd also wouldn't mean that you would lose the "right" to bear arms. The 9th was written to ensure that someone didn't come along and say, "But the founders didn't say we had a right to own a laptop!". The 9th would still cover gun rights.

                        J H realJSOPR 3 Replies Last reply
                        0
                        • realJSOPR realJSOP

                          Christian Graus wrote:

                          I do believe that posts about Americans being insane gun nuts, belong in the soapbox.

                          We're not "nuts", or "insane", and it really pisses me off when someone from another country refers to us that way.

                          .45 ACP - because shooting twice is just silly
                          -----
                          "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass..." - Dale Earnhardt, 1997
                          -----
                          "The staggering layers of obscenity in your statement make it a work of art on so many levels." - J. Jystad, 2001

                          J Offline
                          J Offline
                          Jorgen Sigvardsson
                          wrote on last edited by
                          #12

                          Don't bother getting upset about it. As long as there are more than one group of people, fingers will be pointed. I think every individual, regardless of nationality, is a potential nut case until proven otherwise.

                          -- Kein Mitleid Für Die Mehrheit

                          1 Reply Last reply
                          0
                          • W William Winner

                            How about someone from your own country? I don't think you're insane, but I do think you're nuts! Personally, I think the 2nd Amendment creates some interesting contradictions within both parties. Granted, there are many ways to say what makes a Republican a Republican and what makes a Democrat a Democrat, but one of the ways is to define their views of the constitution. Traditionally, Republicans view the Constitution through the idea that it should be interpreted exactly as the framers would. While, on the other hand, Democrats traditionally view it as a "living document" that must be interpreted through the eyes of "modern" people. Except when it comes to the 2nd. The views get switched there. Democrats say that the framers needed the public to be able to "bear arms" because without a militia (note that it says "well regulated militia"), we would never have been able to raise an army large enough to defeat the British. Even with it, we couldn't without the help of the French. Personally, I don't feel the 2nd is useful anymore. We don't need a militia now. And removal of the 2nd also wouldn't mean that you would lose the "right" to bear arms. The 9th was written to ensure that someone didn't come along and say, "But the founders didn't say we had a right to own a laptop!". The 9th would still cover gun rights.

                            J Offline
                            J Offline
                            Joe Simes
                            wrote on last edited by
                            #13

                            William Winner wrote:

                            Granted, there are many ways to say what makes a Republican a Republican and what makes a Democrat a Democrat, but one of the ways is to define their views of the constitution. Traditionally, Republicans view the Constitution through the idea that it should be interpreted exactly as the framers would. While, on the other hand, Democrats traditionally view it as a "living document" that must be interpreted through the eyes of "modern" people.

                            Hey wait are you talking about the constitution or the bible? Pretty much the same argument. By the way I hate Fundamental Christian's literal interpretation of the old testament (medieval Hebrew war-god mythology).

                            1 Reply Last reply
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                            • W William Winner

                              How about someone from your own country? I don't think you're insane, but I do think you're nuts! Personally, I think the 2nd Amendment creates some interesting contradictions within both parties. Granted, there are many ways to say what makes a Republican a Republican and what makes a Democrat a Democrat, but one of the ways is to define their views of the constitution. Traditionally, Republicans view the Constitution through the idea that it should be interpreted exactly as the framers would. While, on the other hand, Democrats traditionally view it as a "living document" that must be interpreted through the eyes of "modern" people. Except when it comes to the 2nd. The views get switched there. Democrats say that the framers needed the public to be able to "bear arms" because without a militia (note that it says "well regulated militia"), we would never have been able to raise an army large enough to defeat the British. Even with it, we couldn't without the help of the French. Personally, I don't feel the 2nd is useful anymore. We don't need a militia now. And removal of the 2nd also wouldn't mean that you would lose the "right" to bear arms. The 9th was written to ensure that someone didn't come along and say, "But the founders didn't say we had a right to own a laptop!". The 9th would still cover gun rights.

                              H Offline
                              H Offline
                              Hired Mind
                              wrote on last edited by
                              #14

                              William Winner wrote:

                              Democrats traditionally view [The US Constitution] as a "living document" that must be interpreted through the eyes of "modern" people.

                              They view it as an impediment. And considering what they want to do, it is.

                              Before .NET 4.0, object Universe = NULL;

                              1 Reply Last reply
                              0
                              • W William Winner

                                How about someone from your own country? I don't think you're insane, but I do think you're nuts! Personally, I think the 2nd Amendment creates some interesting contradictions within both parties. Granted, there are many ways to say what makes a Republican a Republican and what makes a Democrat a Democrat, but one of the ways is to define their views of the constitution. Traditionally, Republicans view the Constitution through the idea that it should be interpreted exactly as the framers would. While, on the other hand, Democrats traditionally view it as a "living document" that must be interpreted through the eyes of "modern" people. Except when it comes to the 2nd. The views get switched there. Democrats say that the framers needed the public to be able to "bear arms" because without a militia (note that it says "well regulated militia"), we would never have been able to raise an army large enough to defeat the British. Even with it, we couldn't without the help of the French. Personally, I don't feel the 2nd is useful anymore. We don't need a militia now. And removal of the 2nd also wouldn't mean that you would lose the "right" to bear arms. The 9th was written to ensure that someone didn't come along and say, "But the founders didn't say we had a right to own a laptop!". The 9th would still cover gun rights.

                                realJSOPR Offline
                                realJSOPR Offline
                                realJSOP
                                wrote on last edited by
                                #15

                                William Winner wrote:

                                Traditionally, Republicans view the Constitution through the idea that it should be interpreted exactly as the framers would.

                                Actually, that's completely wrong - it's the Liberterians that believe that (and if I was forced to establish an affiliation, that's who I would side with). Neither the Democrats NOR the Republicans are interested in what was intended by the Constitution. Granted, Democrats are moderately more prone to "convenient interpretation" than the Republicans, but they're both guilty of it. It's pretty much a known fact that governments get real nervous when the populace is armed.

                                William Winner wrote:

                                Except when it comes to the 2nd. The views get switched there. Democrats say that the framers needed the public to be able to "bear arms" because without a militia (note that it says "well regulated militia"), we would never have been able to raise an army large enough to defeat the British. Even with it, we couldn't without the help of the French.

                                By my view, every abled-bodied citizen is already in the Militia, and are expected to come to the defence of the country when called upon to do so. In order to participate with the militia, they need to keep/bear arms. Early drafts of the amendment included a concientious objector clause to allow people to opt out if their religious views precluded the keeping/bearing of arms, but it was struck out before approval and ratification. In 1833, Joseph Story wrote this prophetic statement: The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over

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