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plumbum

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Posts posted by plumbum

  1. 1) How in the world do it fix this?

     

    2) Is it worth trying to salvage this barrel, or should I just write it off and by another?

     

    Thanks!

     

    switch bolts. or set the barrel back. or, don't size your brass all the way, unscrew the die a 1/4 turn or so.

     

  2. cyrillic. some of the yugos use the cyrillic alphabet.

     

    could be serbian too, but probably not only because they are less common.

     

    have your friend look at yugo mausers on gunbroker and see if that does not help.

  3. How the ACLU has managed to pervert prayers in school and and Christmas decorations being a violation of the 1st Amendment perplexes me.

     

    Congress shall make no law ...... prohibiting the free exercise thereof

     

    you left out the establishment part. that's the rubric used against prayer in school and Christmas stuff. by espousing one type of prayer, or Christmas, the reasoning is that the state is endorsing that religion.

     

    I think the analysis has gone far awry, but that's the idea.

  4. I do appreciate your clear opinion on the subject, plumbub. Thank you for it.

     

    no problem, I am glad to contribute what I can to this forum. this stuff really is tricky. it looks so simple, but there is a lot of context that guides the application of the laws.

     

    as to the first amendment, there are even religious restrictions. if not, there would be nothing stopping families from stoning their daughters for being unchaste - that is an old, longstanding, undisputed religious tenet for some folks. here, we prohibit that as murder. so the analysis for the first amendment is not that no law can be made, as it certainly can, and was. the point is how do we define "restrict"? and the answer is "very carefully" ;)

     

    The second amendment would clearly become meaningless if significantly infringed.

     

    I think you are correct. some people use the word significant, some would use reasonable, or both. for example, prohibiting (traditional) felons from gun ownership, based on a 1,000 year old tradition of law, is a reasonable restriction that does not significantly infringe upon the second amendment. same as not allowing prisoners to own weapons. or lunatics.

     

    this stuff is hard to keep straight.

  5. the first amendment never was absolute. think about it - how could there be libel if freedom of speech was absolute? or slander? violation of a veral contract?

     

    there always have been rstrictions on speech. and firearms, too. even when the Constitution was written.

     

    not all slopes are slippery. my take on the transcript is pretty good. kennedy is the frightening one right now, and he didn't say anything scary yet.

     

    so far, so good.

  6. I cannot agree.

     

    That word "reasonable" seems reasonable but it opens the question of what is to be considered "reasonable" and by whom?

     

    That is the whole "Living Constitution" school view. As a strict constructionist , I think that Constitution means what it says.

     

    Karl

     

    you don't have to agree for it to be true. reading the constitution according to the reasonableness of the time it was written is not a "living constitution" thing. the "living document" idea is interpreting according to today's standards and definitions.

     

    you are correct of course that creating a reasonability standard for the second amendment would have been unacceptable, that's why Scalia offered an alternative. which is that there is reasonableness inherent in the Constitution, which can be known from the time it was drafted, and that reasonable application of the second amendment is not an infringement.

     

    as a "strict constructionist" perhaps you can explain whether the first amendment freedoms of speech apply to handwriting or the internet. which is not "spech" or the "press." a "press," strictly construed, is a printing machine. "speech," strictly construed, is speaking. please explain.

     

    "JUSTICE SCALIA: Well, number one, I believe in moderation, and I don't believe in strict construction, I am not a strict constructionist, I'm sorry to tell you that. I believe legal texts should be interpreted neither strictly nor loosely, they should be interpreted reasonably. And the example I often use is that if you really are serious about being a strict constructionist, you would say that the First Amendment would not be offended by Congress' censoring handwritten mail, because the First Amendment only says, you know, it guarantees freedom of speech and of the press, and a handwritten letter is neither speech nor press if you want to be strict about it. But of course the First Amendment has always been understood as protecting freedom of expression, and I think that is a reasonable interpretation of it, and that's the interpretation I apply. Which is why, you know, I was the fifth vote in the flag-burning case, which said this was an expression of contempt, just one way of expressing it, and you can't have a law against an expression of contempt."

     

    you may think your understanding of con law is better than scalia's, but I respectfully suggest that is highly unlikely to be true. I know that mine is not. he's in a pretty small club when it comes to con law.

     

    this stuff is tricky, it's not easy to understand, and it's easy to be misled by buzzwords like "strict construction." I also thought it sounded like a good idea until I really thought about it.

  7. JUSTICE STEVENS: Let me ask a question are you, in effect, reading the amendment to say that the right shall not be unreasonably infringed instead of shall not be infringed?

     

    MR. GURA: There is that inherent aspect to every right in the Constitution.

    JUSTICE STEVENS: So we can -- consistent with your view, we can simply read this: "It shall not be reasonably infringed"?

     

    The court CANNOT accept that line of reasoning, if they do, then EVERYTHING from the right to vote. to the ban on slavery to the guarantee of a republican form of government becomes subject to "unreasonably" as the current administration or court may define "unreasonably".

     

    not true. not true at all. there are reasonable restrictions on the first amendment, voting, and everything else. and the Constitution still stands.

     

     

    Roberts is playing with Gura's head, while showing the absurdity of the Gov's case.

     

    you mean Stevens, perhaps? he was not showing the absurdity of the government's case, he was trying to see if Gura was making the absurd argument that there can be no restrictions at all on firearms. Gura doesn't want the Supreme Court to write the word "reasonably" into every second amendment amalysis; we already have enough trouble with the rational, intermediate, and strict scrutiny standards. that's why he says "we don't know what this 'reasonable' standard looks like." here is more of that analysis, which shows Gura accepting a reasonable restriction concept inherent, but not expressed, in the constitutional analysis:

     

    JUSTICE STEVENS: So we can -- consistent with your view, we can simply read this: "It shall not be reasonably infringed"?

     

    MR. GURA: Well, yes, Your Honor, to some extent, except the word "unreasonable" is the one that troubles us, because we don't know what this unreasonable standard looks like.

     

    JUSTICE SCALIA: You wouldn't put it that way. You would just say it is not being infringed if reasonable limitations are being placed upon it.

     

    MR. GURA: That's another way to look at it, Your Honor. Certainly -

     

    CHIEF JUSTICE ROBERTS: -- you would define reasonable in light of the restrictions that existed at the time the amendment was adopted.

     

    MR. GURA: Those restrictions.

     

    this all has to do with standards of review and the way the law is applied. it's probably more important to lawyers and judges than anybody else. but it is important.

  8. I listened to the arguments on C-Span.

    There was NOTHING said about the "shall not be infringed" part....

     

    you seemed to miss the following part, on pages 75-76 of the transcript.

     

     

    JUSTICE STEVENS: Let me ask a question are you, in effect, reading the amendment to say that the right shall not be unreasonably infringed instead of shall not be infringed?

    MR. GURA: There is that inherent aspect to every right in the Constitution.

    JUSTICE STEVENS: So we can -- consistent with your view, we can simply read this: "It shall not be reasonably infringed"?

    MR. GURA: Well, yes, Your Honor, to some extent, except the word "unreasonable" is the one that troubles us, because we don't know what this unreasonable standard looks like.

    JUSTICE SCALIA: You wouldn't put it that way. You would just say it is not being infringed if reasonable limitations are being placed upon it.

    MR. GURA: That's another way to look at it, Your Honor. Certainly -

    CHIEF JUSTICE ROBERTS: -- you would define reasonable in light of the restrictions that existed at the time the amendment was adopted.

    MR. GURA: Those restrictions.

    CHIEF JUSTICE ROBERTS: You know you can't take it into the marketplace was one restriction so that would be we are talking about lineal descendents of the arms but presumably there are lineal descendents of the restrictions as well.

    MR. GURA: Framing our practices would inform the kind of restrictions that would be accepted, but even beyond that, they also form the contours of the right. In the Fifth Circuit, for example, we have the Emerson decision, Alpha Seven decision, and the way that court examines the Second Amendment, when they get these felon and possession bans and drug addict and possession challenges, what they say is, these people simply are outside the right, as historically understood in our country, and that's a very important aspect to remember, that the Second Amendment is part of our common law tradition, that we look to framing our practices in traditional understandings of that right, as to both the reasonableness of the restrictions that are available as well as the contours."

     

    so, they did discuss the "shall not be infringed" thing.

     

    It seems like this should answer all the questions about "reasonable restrictions" - even a "reasonable" restriction is an infringment.

     

    yes indeed, it should, but it won't. there are some folks out there who see "shall not be infringed" and stop right there. they refuse to look at the bigger picture because they don't like it. there were restrictions on guns at the time of the Constitution. before, during, and after. apparently, they were not seen as an infringement. but what would the drafters of the Constitution know? they only wrote the thing.

     

    as was carefully and comprehensively explained by experts in the field, who are friendly to our goals, "shall not be infringed" did not and does not mean "shall not be regulated in any way." "shall not be infringed" allows some regulation, including prohibiting certain persons from owning any firearms at all; that's the way it was meant by the people who wrote the Constitution, and their opinion trumps all others. felons were not allowed to keep or bear arms.

     

    There was some discussion about the militia, but they seemed to be of the opinion that the right is an individual one without regard to actual membership in the militia, although they of all people should know that federal law clearly defines the militia as every American between the ages of 17 and 45.

     

    well, the militia act post-dates the Constitution, so it is not useful in analyzing the Constitutional language. so they do know about federal law. and now, so do you, at least a little more about the militia act.

  9. I'm going to try donmarkey's hinged triggerguard mod. So I need to solder/braze the hinge to the floorplate. I have one of the MAPP/Oxygen torches from Lowes. Should I just order the solder and flux from Brownells?

     

    the mapp/oxygen torch will work just fine to braze it. brazing is better because that part does not need to be heat treated and does get some stress. but be advised that oxygen cylinder is not cheap but does go fast. don't dillydally around.

  10. Your last post solves the problem completely, you have a TURK barrel. I believe they were designed to handle 8x57, .318x57, and 7.65x54. Headspace is reset for different cartridges by screwing the barrel in or out, by hand, to achieve proper headspace (live round in chamber sets headspace limits).

     

    hand adjustable? by whom? I have never heard of this. interesting.

     

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