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Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?

 
Anonymous Coward
User ID: 20901334
United States
12/23/2012 11:52 AM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
Op,

I know what you are saying because I'm in your shoes as well.

One of my prosecuting guy's though happens to now do defense. So when I go to expunge or reduce, I'm going to have the same fucker go in to bat for me, who I fact prosecuted me.

Other then that you have to get your charges dismissed reduced expunged etc. The whole thing is illegal though for them to take something which is unalienable. (un-a-lien-able - as in not able to take into hawk or take away)
 Quoting: nwo_watcher_911


So, you are asking the very system that violated your unalienable right to give it back to you?

IT WAS NOT THEIRS TO TAKE FROM YOU IN THE FIRST PLACE, therefore, they cannot "give it back".

You are confused in your understanding and execution of what a "Creator endowed right" IS and who has power over it.
Anonymous Coward
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12/23/2012 11:54 AM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
IMO, since it states SHALL NOT BE INFRINGED, they can not deny anyone the right to own a gun for any reason.
 Quoting: Anonymous Coward 9107938



I think you have to be of sound mind.
 Quoting: Anonymous Coward 30712465


Well, that is your opinion, but since you did not endow me with my rights, your opinion is just that.

You are free to express that opinion, but shall not be infringed is what it is.

And, just because you have a "sound mind" does not mean it will be true in 5 min, so when, exactly, do you lose a right by losing your mind?
Anonymous Coward (OP)
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12/23/2012 11:59 AM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
I like how people say "But I'd die for your right to say it"

You'll defend free speech to the death?

Go defend my right to bear arms.

Millions of Americans do not have the right to bear arms according to my understanding.
Anonymous Coward (OP)
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United States
12/23/2012 12:02 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
Possible Reasons for Ineligibility:

o The physical inability to handle a firearm safely.
o A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
o Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
o A conviction for a misdemeanor crime of violence in the last three years.
o A conviction for violation of controlled substance laws or multiple arrests for such offenses.
o A record of drug or alcohol abuse.
o Two or more DUI convictions within the previous three years.
o Being committed to a mental institution or adjudged incompetent or mentally defective.
o Failing to provide proof of proficiency with a firearm.
o Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
o Renouncement of U.S. citizenship.
o A dishonorable discharge from the armed forces.
o Being a fugitive from justice.
Anonymous Coward
User ID: 30474188
United States
12/23/2012 12:02 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
i dont want convicted sex criminals to have firearms, Sorry.
shillmuch?
User ID: 20901334
United States
12/23/2012 12:10 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
I like how people say "But I'd die for your right to say it"

You'll defend free speech to the death?

Go defend my right to bear arms.

Millions of Americans do not have the right to bear arms according to my understanding.
 Quoting: Anonymous Coward 29558518


You clearly do not want to learn, so enjoy your slavery.

I am going to post it one more time because I know how deep the programming is for US Slaves.

NOTHING BUT YOUR CONFESSION CONNECT YOU WITH THE PAST. You have the right not to provide ANY information that would incriminate you to ANYONE, that ANYONE includes a court, a police officer, a judge or ANYONE.

Read that again and again, until it sinks into that thick skull of yours.

Unless, of course this is a data mining thread and you are not being truthful about your reasons for posting.
Anonymous Coward
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12/23/2012 12:12 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
i dont want convicted sex criminals to have firearms, Sorry.
 Quoting: Anonymous Coward 30474188


To bad, it's a right.

Do not like it, change the Constitution because unless and until you do, it is the law.
Anonymous Coward
User ID: 20901334
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12/23/2012 12:13 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
Possible Reasons for Ineligibility:

o The physical inability to handle a firearm safely.
o A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
o Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
o A conviction for a misdemeanor crime of violence in the last three years.
o A conviction for violation of controlled substance laws or multiple arrests for such offenses.
o A record of drug or alcohol abuse.
o Two or more DUI convictions within the previous three years.
o Being committed to a mental institution or adjudged incompetent or mentally defective.
o Failing to provide proof of proficiency with a firearm.
o Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
o Renouncement of U.S. citizenship.
o A dishonorable discharge from the armed forces.
o Being a fugitive from justice.
 Quoting: Anonymous Coward 29558518


Give me the Article and section where that is written in the Constitution.

Because unless and until you do, it is NOT the law of the land.
Anonymous Coward (OP)
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United States
12/23/2012 12:16 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
I guess that was for a Concealed carry permit.
Anonymous Coward
User ID: 20901334
United States
12/23/2012 12:19 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
I guess that was for a Concealed carry permit.
 Quoting: Anonymous Coward 29558518


Another infringement!

See how easy it is?

Free men, with Creator endowed rights do not ask permission from their servants.

Servants ask permission from free men.

Which are you?
Anonymous Coward
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12/23/2012 12:22 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
The RIGHT of the people to keep and bare arms shall not be infringed.

Even felons have a right to own firearms. If they paid their debt to society and behaved while in prison, when they are set free ALL their rights should be restored to what they were before they were incarcerated.

If people are dangerous to the public they should never have been set free to begin with.

The 1968 Gun Control Act is a violation of the Constitution.
Anonymous Coward
User ID: 30712465
Canada
12/23/2012 12:36 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
IMO, since it states SHALL NOT BE INFRINGED, they can not deny anyone the right to own a gun for any reason.
 Quoting: Anonymous Coward 9107938



I think you have to be of sound mind.
 Quoting: Anonymous Coward 30712465


Well, that is your opinion, but since you did not endow me with my rights, your opinion is just that.

You are free to express that opinion, but shall not be infringed is what it is.

And, just because you have a "sound mind" does not mean it will be true in 5 min, so when, exactly, do you lose a right by losing your mind?
 Quoting: Anonymous Coward 20901334


I agree with what you are saying. Unless a foolproof test is available, we don't know who is, isn't, or has the potential for insane behavior.
But the insane get their Constitutional right to a trial infringed when they are diagnosed ,and are put directly into an asylum.
Lawmakers have to ensure the Right To Life is protected above all else. 27 people had that Right infringed in Newtown.
Anonymous Coward
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12/23/2012 12:39 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
They will continue to ignore the Constitution and make whatever laws they want. We are now in a lawless country as far as I'm concerned....
Anonymous Coward
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12/23/2012 01:09 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
"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"

This can be reordered as:

"The right of the people to keep and bear Arms, shall not be infringed; because a well regulated Militia is necessary to the security of a free State."


I know its only three little word, n o t, that makes all the difference.

This 2nd Amendment was written in such a form to introduce a particular form of Tension. To cause the issue to be Taunt, "tightly wound up". Its in the very way in which the amendment is worded, and it was deliberate, and in many ways its wording was a compromise.

THE PREAMBLE:
"We the People, of the United States of America, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of American."



"We the People" is an abstractive, or Is It an abstraction?

Who IS, "We the People"? Is it a certain percentage of the human beings living and residing on a Land? Only those only born on that Land? Or only those who have achieved the privilege or 'right' to be Citizens rather than Subjects? Is this "We the People" only those that approved of the rest of the Constitution for the United States of America? All rhetorical questions for this post.

One might wish the 2nd had started off:

"The god-given right of We, the People, to manufacture, keep, bear, and use Arms, shall not be infringed by the Legislative, Executive, Judiciary, nor the States; because a well equipped, trained, and skilled Militia is necessary for the security of a free state."

But it is not written that way.

And yet, by the power of the Constitution for the United States of America is designed, within it is given the machinery for We, the People, and/or the States, to amend that self-same Constitution for the United States of America. This means we can and perhaps should be writing up and introducing into Congress, amendments to the current 2nd Amendment, for its passage by Congress and its eventual ratification or failure to be ratified by We, the People, or the States. Why have we not done this? Why do we allow this archaic language to continue to plague us with contention and strife? No, instead perhaps we do need to use more modern language and use that in an attempt for further clarify what it is We, the People, wish to have it understood to mean.

As I have cast it above (in italics) is only one form we might consider. As I have written it, there is a certain understanding that the 'god' of the 'god-given' is to be understood to be the very same "We, the People". As if, "We, the People" are a very very dangerous 'god', an 'elohiym', and very Mighty Ones.

Too long have we all allowed ourselves to be dumbed down into thinking Our Government is made up of only Three Branches to wit, "The Legislative, (a.k.a., Congress), the Executive, and the Judiciary.

Why have we allowed this? Why have we allowed our selves to be so dumbed down, and not rather or instead demanded always that the fullness of the Five Branches of Our Government be constantly before our hand, and heart, and mind?

The Five Branches of Our Government to wit:

1. We, the People of the United States of America
2. The States
a.) We, the People of the Republic of the State of ___
b.) The Legislative of the Republic of the State of ___
c.) The Executive of the Republic of the State of ___
d.) The Judiciary of the Republic of the State of ___
3. The Legislative of the United States of America
4. The Executive of the United States of America
5. The Judiciary of the United States of America

We, the People, come first. It is We, that give power, energy, and force to the other four branches.

For too long the People have been held to be at the bottom of the hill, at the bottom of the heap. This should not be so.

It is We, the People, that created, made, and formed Our Government, this Government, this virtual servant to serve us, We, the People. We, the People, are collectively a Man of War, and a Man of Peace.


Our Government (of which We, the People are the great power) at times can be a monsters. Even Our State can be a monster (and yes, We, those People of those States are the great power of the State).

Our States can turn into Monsters.
and
Our United States can also turn into a Monster of Monsters.
And attempt to devour We, the People.
And attempt even to destroy itself.

U.S. Constitution - Amendment 9 - Construction of Constitution:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Such 'un-enumerated' rights as to life. right to be healthy, right to have a place to live, and right to have land to stand on. the right to have children. the right to make weapons. the right to grow food and have land to grow food on. the right to teach yourself and your children as you see fit. All of these (and more) are god-given rights. The right do defense ourselves in our person,our families, and even our neighbors against violate aggression. the right to wage war. the right to own property, and not only 'rent' property. The more exhaustive list of god-give rights is much longer that is often set forth, and I have not even done that here. Only some of our god-given rights are enumerated in the Constitution (including the amendments). Need we make an amendment to provide for every single known god-given right? Who knows?

U.S. Constitution - Amendment 10:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

This most important Amendment, is what the Legislative of the United States of America, the Executive of the United States of America, and the Judiciary of the United States of America tends to 'forgot' and intentionally or unintentionally often attempts to usurp. This is the reason for the 2nd Amendment, that the Five Branches of Our Government are all forewarned about and against such usurpation.

Read and study the U.S. Constitution in its entirety, as an organic Whole, and to not pull anything in it out of context.

"Shall not be infringed... " Not infringed BY WHO? Let's all ask this question, and let's all find answer.

Shall a Parent have the power to infringed the 'right' of a six year old to take his gun away from him? Hmmm?

Perhaps the anti-Authoritarians have in fact gone completely over board into Anarchy?
Anonymous Coward
User ID: 30717841
United Kingdom
12/23/2012 01:29 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
when will you lot realise that the constitution is only a piece of paper, these "laws" can be changed, ammended or even removed.
Anonymous Coward
User ID: 27972246
United States
12/23/2012 01:31 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
The RIGHT of the people to keep and bare arms shall not be infringed.

That is pretty straight. No law, rule, code or regulation can supersede the Law of the land (the Constitution(s))

Therefore, only a jury can, AFTER a conviction of a violent crime, take away ANY right and only then for a set amount of time.

The only other way is a jury finds one guilty AND the sentence chosen by the jury is DEATH.

Otherwise, the sentence is for a given, set time and when its up, its up, all rights are restored.

The role of the Judge is to control both the prosecution and the defense and make sure the Jury is in control and hears all testimony and evidence in the case.
 Quoting: Anonymous Coward 20901334


These assertions are in appeal to the use of the "Due Process of Law" parts of the U.S. Constitution. But then, the 2nd does not in any way in its whole text, cite any exception (perhaps it should have, but it was not put in there). Due Process of Law to Infringe on a god-given right, seems to me as an oxymoron. Something is to not be infringed or it is to be infringed under condition, Which is it? What does the "verse" itself state. There is no exclusionary nor exceptional clause providing for any conditional infringement. The 2nd is in this case poorly and ill formed in its language. For this reason it should be amendment because in itself it never answers the question: "Shall not be infringed by whom"?
Anonymous Coward
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12/23/2012 02:04 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
Possible Reasons for Ineligibility:

o The physical inability to handle a firearm safely.
o A felony conviction (unless civil and firearm rights have been restored by the convicting authority).
o Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.
o A conviction for a misdemeanor crime of violence in the last three years.
o A conviction for violation of controlled substance laws or multiple arrests for such offenses.
o A record of drug or alcohol abuse.
o Two or more DUI convictions within the previous three years.
o Being committed to a mental institution or adjudged incompetent or mentally defective.
o Failing to provide proof of proficiency with a firearm.
o Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.
o Renouncement of U.S. citizenship.
o A dishonorable discharge from the armed forces.
o Being a fugitive from justice.
 Quoting: Anonymous Coward 29558518


Give me the Article and section where that is written in the Constitution.

Because unless and until you do, it is NOT the law of the land.
 Quoting: Anonymous Coward 20901334


What a real trip? Parse this one and it is also the Law of the Land. See the part about 'involuntary servitude.. servants yes servants are under a master, and if the master says, no weapons, then you are under but your master and under the rest of the Law of the Land.

U.S. Constitution - Amendment 13
"1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the Unites State, or any place subject to their jurisdiction.
2. Congress shall have power to enforce this article by appropriate legislation."

It has been construed that this Amendment means that the 'god-given rights' can be infringed upon conviction for a crime.

So often we perhaps should be talking more about "God-given Rights", "God-given Privileges", rather than "Constitutional Rights" and "Constitutional Privileges."

Some would use the term, "Creator Endowed". But then those that would argue there is no god, God, or GOD, then by their theory there can be no Creator Endowed Rights nor and God-given rights. Ah, there's another friction. Do aware with the common 'belief system' or 'faith in a god' and what do you have place where you can stand on as to 'god-given rights'? It would seem such then only can appeal to such as Constitutional Endowed Rights. This persuasion of the anti-religion, anti-god, Atheists persuasion is seen as the snake in the grass attempt to get The People to eat the Apple called "Constitutional Rights" and its kin, "Constitutionally GIVEN Rights".
Anonymous Coward
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12/23/2012 02:11 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
They will continue to ignore the Constitution and make whatever laws they want. We are now in a lawless country as far as I'm concerned....
 Quoting: Anonymous Coward 28870983


Do you drive 1 mph over a stated and posted Speed Limit on that road? If so, you are also then lawless.
Anonymous Coward
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United States
12/23/2012 02:21 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
I lost mine I believe.
 Quoting: Anonymous Coward 29558518


There are 4 ways to lose your gun rights: convicted of a felony or you have been convicted of a domestic abuse misdemeanor and or have had acrestraining order against you. And last but not least dishonorable discharge from the military.
 Quoting: Chip


Really? Where, exactly, is that enumerated in the Constitution?

Those are statues, which require contractual agreement, there is no law of the land that spells out what you have posted.
 Quoting: Anonymous Coward 20901334


I realize that according to the constitution those infringments are illegal.
 Quoting: Chip


The very language of the 2nd Amendment causes great problems.

"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"

It does not state in it, "shall not be infringed by everyone nor anyone".

And there is the crux, there is no qualifying clause to refine or even define who is to not be doing this forbidden infringement. For the Five Branches of Our Government, who all is not to infringe on this right?

The 2nd's language is vague in this circumstance as it is written. It is an ill formed and poorly written amendment, and should never have been ratified in this ill formed monstrous passage. It is Bad Law, in its formation.

But it is what it is, until the People wake up and realize what was done in the writing of this amendment in the way it was written.

It is like commanding, "You shall not Kill" versus a commandment that states, "You shall not Murder". Chose of words and the meanings of words, and grammar.
Anonymous Coward
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12/23/2012 02:33 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
i dont want convicted sex criminals to have firearms, Sorry.
 Quoting: Anonymous Coward 30474188


To bad, it's a right.

Do not like it, change the Constitution because unless and until you do, it is the law.
 Quoting: Anonymous Coward 20901334

Even changing the Constitution still cannot ban a Creator Endowed Right. Deal with it.

The Constitution does not GIVE Creator Endowed Rights... They exist, period.
Anonymous Coward
User ID: 20901334
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12/23/2012 02:54 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
i dont want convicted sex criminals to have firearms, Sorry.
 Quoting: Anonymous Coward 30474188


To bad, it's a right.

Do not like it, change the Constitution because unless and until you do, it is the law.
 Quoting: Anonymous Coward 20901334

Even changing the Constitution still cannot ban a Creator Endowed Right. Deal with it.

The Constitution does not GIVE Creator Endowed Rights... They exist, period.
 Quoting: Anonymous Coward 27972246


I agree with you! My point is NOT to defend the constitution. I am trying to let Op see the illusion that is "the law" and it is upheld and in fact, BINDS the Government on all levels.

Simply put, the Government AGENT is the main actor trying to get people to believe the Constitution is powerful and lawful, thus when you call their bluff and back them into a corner (by not giving in and demanding it is the law of the land and NOT open to interpretation or change from the bench or legislators), they can defy the Constitution (and by their own actions prove they are not bound by it) or, they can continue the illusion and walk away from me.

So, when confronted by any AGENT, I can, by their own law, refuse to answer any questions, I do not have to give any information ( ID, name, date of birth, address, whatever). Nor do I have to agree to be named by them or given any title or status.

Then, I simply ask questions, control the RECORD and make them prove everything they say to a jury, and I mean everything.

Simply put, they have NO authority not granted by the Constitution, so, they can admit they are operating outside its bounds (which means they are the criminals, not me) or, they can prove to a jury I have inflicted some injury or property damage.

They can't if I have not done it.

The keeping and baring of arms is a right and it cannot be converted into a crime.
Anonymous Coward
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12/23/2012 02:59 PM
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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
I lost mine I believe.
 Quoting: Anonymous Coward 29558518


There are 4 ways to lose your gun rights: convicted of a felony or you have been convicted of a domestic abuse misdemeanor and or have had acrestraining order against you. And last but not least dishonorable discharge from the military.
 Quoting: Chip


Really? Where, exactly, is that enumerated in the Constitution?

Those are statues, which require contractual agreement, there is no law of the land that spells out what you have posted.
 Quoting: Anonymous Coward 20901334


I realize that according to the constitution those infringments are illegal.
 Quoting: Chip


Not true, they are unlawful. Legal is a contractual law term, law of the sea, commercial.

If I choose to "get a concealed carry permit" I am voluntarily submitting myself to the rules set out in the contract with the issuer of the permit.

If I do not get the permit, I am not bound by it contractually.

No law requires me to get a permit to do something that is already LAWFUL (a right) to do.
Woot Woot

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12/23/2012 03:48 PM

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Re: Is denying ANY American the right to bear arms an INFRINGMENT on the 2nd Amendment?
1dunno1
 Quoting: Anonymous Coward 29558518


You want the bat-shit crazy folk armed so when they decide to off themselves, that they can take dozens with them?

Let's all agree there are circumstances outside the norm.
Anonymous Coward
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12/23/2012 06:09 PM
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1dunno1
 Quoting: Anonymous Coward 29558518


You want the bat-shit crazy folk armed so when they decide to off themselves, that they can take dozens with them?

Let's all agree there are circumstances outside the norm.
 Quoting: Woot Woot


Life is deadly, being a slave to Government over lords will not save you from it.

Now, go hide under your bed.





GLP