@FriendlySword
"If rights are only as good as your ability to ACT in the defense of one's rights how better is this than not having the concept of rights at all, and instead resorting to a mode of life where access to force is the sole arbiter of disputes and relationships. Taken to it's logical conclusion, this would mean that you do not genuinely have the right to any freedom, any positive attribute all really, except that which you are able to take through action."
I have read and re-read the above statement over and over and despite a great deal of effort, I cannot glean any logic out of your statement.
A Right is the freedom act. The Right of free speech gives on the right speak out in public. The Right to vote give one the right to participate in the democratic process. These are all guaranteeing the People the right to ACT. Further, it gives them the ability to defend that Right through the legal process. I don't understand why you seem to claim that the ability to defend a Right somehow descends society into "rule by force" lawlessness. Please explain further.
"Without the ability of the state (or whatever social institution you use) to limit the 'freedom' of others to kill you, take your property, your rights do not mean anything."
I specifically said that a Right to act is limited to acts that do NOT infringe upon the rights of others. Those two examples above are not "freedoms."
"Without a framework of positive rights where people are granted the freedom FROM want, the freedom FROM arbitrary violence, and FROM all sorts of ills, the freedom TO have life, liberty, and the pursuit of happiness mean nothing."
Again, you're not understand the concept of a Right. A Right is the freedom to ACT. Every person is endowed by the Creator, according to Jefferson, et.al., with the freedom to ACT on their own behalf to provide the necessities of life. Further, every person has the right to ACT on their own behalf should they be faced with violence. Yes, the State has enacted laws that are meant to deter and punish those that violate the rights of others, but where the rubber meets the road these are nothing but words on a page. Right come from above, not from below -- i.e., they do not come from the Government, they come from the Creator. A government can pass laws that say that all the people will be fed, clothed, and housed, but these are not Rights in the true sense. A right that relies upon someone else, some other institution to act on your behalf is not a Right. The beauty of Jefferson's words, and then the eventual Constitution that grew out of them, was that they detailed the Rights of the People as endowed by the Creator, and then codified the LIMITS upon the government to act in reference to the Rights of the People. "The government shall pass no law that infringes upon the Right of the People to..."
"If I want to own a tiger but I am unable to care for it, my negligence infringes on the rights of others. If I want a gun but am unable to care for it or use it responsibly, the same infringement occurs. Without a control framework to ensure responsibility, I literally have no ability to act in the defense of my right to live unimpeded by the negligence of others."
Only AFTER that Tiger or gun has actually harmed someone else. You obviously don't understand the essential elements of Negligence: 1) Duty of Care; 2) Breach of Duty; 3) Causation (broken down into actual and proximate); and 4) Actual Damages. In the examples you gave above, there has yet to be any damages; therefore, there has yet to be any infringement of the rights of another. Further, you claim that there is no "control framework" to ensure responsibility, which is patently FALSE -- it's call the Duty of Care, the first essential element of Negligence. The Duty of Care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. This concept of Duty of Care is a direct out growth of the founding principles of unalienable Rights -- i.e., if you go around acting in a manner in which you know, or should know, that your actions could infringe upon the Right of another, you will be held liable (and possibly criminally responsible) for the damage your actions (or possibly omissions to act) cause. You seem to be claiming that the physical presence of dangerous things is somehow infringing upon your rights, and that is something that has NO legal support whatsoever.
Further, in your Tiger example, our legal system hold the keepers of wild animals STRICTLY LIABLE for any harm that may be caused by that wild animal, even if "tame." Meaning, if someone is harmed by that Tiger they really don't even have to prove that your actions breached the duty of care that you owed to them. The same is true of all so called, "unreasonably dangerous" activities, i.e., blasting with TNT, sky diving, etc.
"What bearing does this have on the gun control debate? Well, this is where I tend to believe that the harm principle does the best job in balances competing rights frameworks. (in this case, the right TO own guns and to defend oneself versus the right to live without having one's life endangered by others)."
If one's life is endangered by the physical presence of firearms, as you suggest, then too your life is endangered (and more profoundly so) by the presence of automobiles, prescription medication, and electricity. This "harm principle" that you speak of is a legal nullity as it is only the POTENTIAL harm, not the actual harm. As I detailed above, ACTUAL harm is required for there to be negligence. One has no right to live without their life being endangered. Now there might be laws that will punish those that acutely threaten or endanger the life of another, but not simply for the physical presence of a dangerous object such as a gun or a Tiger. If you come to my home and find out that I had a gun in the closet, you cannot sue me or have me arrested because you felt your life was in danger -- that would be ridiculous.
"I tend to think that unfettered access to weapons is tantamount to an unjustified impediment of the freedom from endangerment, because in giving deadly force to those unable to hold it responsibly it violates the harm principle. Unfortunately the only way to give you the freedom to own your gun and defend yourself and give me the freedom of living free of constant endangerment is for the state to have a mechanism to control access to guns and monitor their use."
Again, you do not have to "freedom from endangerment" on the general scale you're talking about. That concept goes directly against the very foundation of western law, i.e., actus reus, the "guilty act." Further, your view that there is a place or situation where you're "free from constant endangerment" is asinine and naive. Lastly, the US ALREADY has those mechanisms in place.
I cannot get over the fact that you seem so consumed by fear, and that you assume that because you're in fear that everyone else has to make things better for you. The United States was found on a principle of PERSONAL RESPONSIBILITY. A gun, in and of itself, is no more a threat to anymore than any heavy metal object that could be used as a bludgeon. It needs ammunition, and a person to pull the trigger in order for its true lethality to emerge. The physical presence of guns does not endanger your life in any way. Further, a loaded gun in someone's hands does not endanger your life and more than a running automobile does. It is only when certain situations arise that your life is endangered by that gun. As I said, our legal system doesn't deal with potential very well. It's based upon actuality, as it should be.