A voter-approved Oregon gun control law violates the state constitution, a judge ruled Tuesday, continuing to block it from taking effect and casting fresh doubt over the future of the embattled measure.

The law requires people to undergo a criminal background check and complete a gun safety training course in order to obtain a permit to buy a firearm. It also bans high-capacity magazines.

The plaintiffs in the federal case, which include the Oregon Firearms Federation, have appealed the ruling to the 9th U.S. Circuit Court of Appeals. The case could potentially go all the way to the U.S. Supreme Court.

  • cybervseas@lemmy.world
    link
    fedilink
    English
    arrow-up
    168
    arrow-down
    18
    ·
    1 year ago

    I mean if a common sense law like that violates the state constitution, it does seems like the problem is in the constitution or how it’s interpreted, not the law…

      • Femcowboy@lemm.ee
        link
        fedilink
        arrow-up
        10
        arrow-down
        2
        ·
        1 year ago

        No. Common sense is controversial because of the sheer volume of stupid people that refuse it. It isn’t just gun control. It’s everything.

    • jordanlund@lemmy.world
      link
      fedilink
      arrow-up
      41
      arrow-down
      188
      ·
      1 year ago

      It’s not really “common sense” though. The Constitution clearly says you have a right to own a gun.

      The state can’t then come through and require a permit to own a gun.

      It’s a Right, not a “right”*.

      • TowardsTheFuture@lemmy.zip
        link
        fedilink
        English
        arrow-up
        93
        arrow-down
        10
        ·
        edit-2
        1 year ago

        So, the first amendment gives you the right to free speech, and yet inciting a riot or other dangerous forms of speech are still not protected.

        Arms does not mean guns. It just means weapons and/or armor. Dangerous things can and should be protected. Not all weapons need be for the public, as I’m pretty sure no one would be okay with any civilian having their own nuke stockpile. I don’t see why we can’t dial it back a bit more to try and reduce access to guns when we’ve continually seen how much destruction they can cause.

        • BaroqueInMind@kbin.social
          link
          fedilink
          arrow-up
          60
          arrow-down
          4
          ·
          1 year ago

          I’ve been saying this for a while here: the only way anyone can see gun control laws pass within a normal human lifetime is to have all minorities purchase and bear arms, and then go out and protest peacefully with said arms.

          The only way you can have Republicans vote against their own interests is to appeal to their racism/sexism/genderism; this is what the Black Panthers did in California and how Republicans unanimously voted in favor of gun control. All gun control laws stem from racism, and this fact needs to be leveraged.

          • MiltownClowns@lemmy.world
            link
            fedilink
            arrow-up
            39
            arrow-down
            1
            ·
            1 year ago

            This is exactly why Ronald Reagan instituted gun laws in the in California. The Black Panthers started showing up to the state capitol with guns and there were no laws against it.

          • Frog-Brawler@kbin.social
            link
            fedilink
            arrow-up
            19
            arrow-down
            1
            ·
            edit-2
            1 year ago

            100% in agreement. Not just minorities… everyone that leans left too. I’d really like to see some funding go towards providing free firearms training courses for the trans community.

        • Alto@kbin.social
          link
          fedilink
          arrow-up
          9
          arrow-down
          9
          ·
          1 year ago

          We can argue whether or not it’s still relevant today/how it needs to be changed, but trying to claim that the second amendment doesn’t very, very heavily imply firearms is disingenuous at best.

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          20
          arrow-down
          23
          ·
          1 year ago

          Arms does not mean guns. It just means weapons and/or armor.

          Not according to the Supreme Court:

          Heller - 2008:

          https://supreme.justia.com/cases/federal/us/554/570/

          “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

          McDonald - 2010 (because Heller involved Washington D.C., a 2nd ruling showed that it also applies to states as well).

          https://supreme.justia.com/cases/federal/us/561/742/

          “The Due Process Clause of the Fourteenth Amendment extends the Second Amendment’s right to keep and bear arms to the states, at least for traditional, lawful purposes such as self-defense.”

          Caetano - 2016 - This one is fascinating. I wish more people read it. Woman had an abusive ex, bought a taser to protect herself. MA went after her arguing “tasers didn’t exist back then, 2nd Amendment doesn’t apply.” Supremes “um actually’d” them hard.

          https://supreme.justia.com/cases/federal/us/577/14-10078/

          “The Second Amendment covers all weapons that may be defined as “bearable arms,” even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare.”

          Bruen - 2022

          https://supreme.justia.com/cases/federal/us/597/20-843/

          "The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780 (plurality opinion). We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.

          New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.

          It is so ordered."

          Sooo…

          When you look at all 4 of these rulings together…

          Washington D.C. can’t ban an entire class of weapon, or require they be kept locked or disassembled. Militia membership is not required (Heller).

          That same restriction applies to the States as well (McDonald).

          The 2nd amendment applies to all bearable weapons, even those that did not exist at the time of writing (Caetano).

          States cannot apply additional restrictions on gun ownership or possession (Bruen). Citizens only need to pass a criminal check.

          • thisisawayoflife@lemmy.world
            link
            fedilink
            arrow-up
            11
            arrow-down
            4
            ·
            1 year ago

            The 2nd amendment applies to all bearable weapons, even those that did not exist at the time of writing (Caetano).

            That seems to conflict with Miller though? A short barrel shotgun apparently wasn’t standard military issue so it wasn’t legal for possession?

            1. The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.
            1. The “double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230,” was never used in any militia organization.
            • TonyStew@kbin.social
              link
              fedilink
              arrow-up
              10
              ·
              edit-2
              1 year ago

              New precedent trumps old precedent. It’s why Brown v Board is the law of the land and Plessy v Ferguson isn’t. There (to my knowledge) hasn’t been a challenge to the NFA that’s reached the Supreme Court since that Caetano case in 2016 and the court hasn’t explicitly struck down the prior precedent of its legality, so it still stands based on the other points in the ruling. Even the current NFA-related cases against bump stock and pistol brace bans working through courts are based more on whether the ATF can consider them as NFA items rather than whether the NFA itself can be considered constitutional, so it’s likely to stick around.

            • jordanlund@lemmy.world
              link
              fedilink
              arrow-up
              8
              arrow-down
              4
              ·
              1 year ago

              There’s a lot of confusion over “legal”.

              A short barrelled shotgun or short barrelled rifle can be legally owned, you just have to pay a tax stamp on it. $200 was a LOT of money when Miller passed, not so much these days.

              That doesn’t even get into “Non-NFA Firearms” that are designed by the manufacturer to ride the line between legal and illegal.

              For example… If you take a Mossberg 590 shotgun and chop the stock down to a pistol grip, and don’t pay the tax, that’s a felony.

              If you take a Mossberg 590 and shorten the barrel too much without paying the tax stamp, that’s a felony.

              The 590 Shockwave is a “Non-NFA firearm” that is perfectly legal without a tax stamp even though it has a pistol grip and a short barrel.

              https://www.mossberg.com/590-shockwave-6-shot-50659.html

              It’s legal because it was made this way, not modified to be this way and it fits precisely in the overall length definition.

              If you were to remove the pistol grip and put on a shoulder stock? No tax stamp? Felony.

        • TonyStew@kbin.social
          link
          fedilink
          arrow-up
          6
          arrow-down
          16
          ·
          edit-2
          1 year ago

          Wild to see liberal interpretation go from “militia means military” to “arms doesn’t even mean guns”. At least acknowledges it as a right of the individual, which is a step in the right direction I guess. Hell of a take when even the strictest court precedent in US v Miller acknowledges it as the right of the individual to military arms, curious how this take spins the militia line.

          • BigMacHole@lemm.ee
            link
            fedilink
            arrow-up
            18
            arrow-down
            5
            ·
            1 year ago

            Wild to see Conservative interpretation go from “well regulated doesn’t mean well regulated” to “militia means me.”

            • TonyStew@kbin.social
              link
              fedilink
              arrow-up
              5
              arrow-down
              11
              ·
              edit-2
              1 year ago

              “Go to” as if I didn’t just cite that its most stringent supreme court interpretation from 100 years ago establishes it as a right of the individual. And I ain’t no fucking fascist.

          • jordanlund@lemmy.world
            link
            fedilink
            arrow-up
            7
            arrow-down
            1
            ·
            1 year ago

            Miller is largely set aside for Heller in 2008, which defined the 2nd Amendment as not requiring militia membership and that the core reason for the 2nd is self defense.

          • Flying Squid@lemmy.world
            link
            fedilink
            arrow-up
            2
            ·
            edit-2
            1 year ago

            The court recently said nationally legal abortion was unconstitutional. Do you agree? If not, curious how you spin that since SCOTUS decisions make right.

      • Riccosuave@lemmy.world
        link
        fedilink
        arrow-up
        34
        arrow-down
        6
        ·
        edit-2
        1 year ago

        The Supreme Court has already allowed restrictions on automatic weapons pre-1986, and there is no ability for manufacturers to sell new automatic weapons to the general public post-1986. Quit bending over backwards to try to make bad (and/or) selective legal theories make sense. They don’t and you’re a shill. Guns are an issue, and if you think they aren’t you can get fukt.

        • HelixDab2@lemm.ee
          link
          fedilink
          arrow-up
          9
          ·
          1 year ago

          SCOTUS upheld the NFA of 1934 because the appellant in the case had to go into hiding to avoid being murdered, and no one representing his case even made it to court. The court literally only heard the arguments from the gov’t. That’s an incredibly shady way to get a law past SCOTUS review.

          • Riccosuave@lemmy.world
            link
            fedilink
            arrow-up
            21
            arrow-down
            6
            ·
            edit-2
            1 year ago

            I saw you argue further down in this thread that the Supreme Court would not allow the restriction of entire “weapon classes”. Well that doesn’t stand up to scrutiny when they already disallowed the sale of any new automatic weapons to the general public post-1986.

            I hate these little semantics arguments and word games. This isn’t an issue in other developed countries for a reason. Allowing the kind of debate pervert logic you are employing only serves to muddy the waters and retards society from solving problems with clear, demonstrable solutions. Grow the fuck up, seriously.

              • Riccosuave@lemmy.world
                link
                fedilink
                arrow-up
                14
                arrow-down
                3
                ·
                1 year ago

                I watch Forgotten Weapons every fucking day. I am intimately familiar with both the FOPA and FAWB. Both of which repeatedly and continuously stood up to constitutional challenges. The Supreme Court has repeatedly disallowed gun manufacturers from selling new “automatic weapons” (aka a class of bearable arms) to the general public. Additionally the Federal Assault Weapons Ban was repeatedly found to be constitutional, and the only reason new weapons that meet those classifications are sold today is because the FAWB had an automatic sunset clause. It could legally be reinstated by congress at any time.

                While it is true that you can get an FFL and purchase a pre-1986 automatic weapon with a transferable tax stamp, the Supreme Court has BANNED the sale of all new automatic weapons. Therefore, your previous argument doesn’t hold water. Take the L and move on.

                Firearm Owners Protection Act (FOPA)

                Federal Assault Weapons Ban (FAWB)

                • jordanlund@lemmy.world
                  link
                  fedilink
                  arrow-up
                  6
                  arrow-down
                  14
                  ·
                  1 year ago

                  Tell me you didn’t read my link without telling me you didn’t read my link:

                  “Depending on the type of FFL, and if the FFL-holder becomes an Special Occupational Taxpayer (SOT) the FFL-holder can purchase and sell machine guns, regardless of when they were made (more on this below), and they can even legally make their own machine guns or lawfully convert current firearms into full-autos. The best part about getting an automatic weapon as an FFL is that you can get it at dealer cost and fast.”

      • CmdrShepard@lemmy.one
        link
        fedilink
        English
        arrow-up
        37
        arrow-down
        15
        ·
        1 year ago

        “Clearly says” just as long as you ignore the part about being in a well regulated militia.

        I suppose you support felons being allowed to own firearms again too, right?

        • TonyStew@kbin.social
          link
          fedilink
          arrow-up
          5
          arrow-down
          1
          ·
          1 year ago

          I certainly support the scope of that limitation being reduced to violent felony charges, if not all the way to charges related to unlawful possession/use of a firearm with how the state stretches its definitions of laws to oppress people acting against it, like considering organized protest against cop city “domestic terrorism”, bail funds for them felony money laundering, and distributing flyers containing public information to members of the public “felony intimidation”. Shit, it’s a felony to shelter yourself while homeless in Tennessee. I’m against denying any of them the right to arms for life because they pitched a tent as strongly as I’m against denying them the right to vote because of it.

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          9
          arrow-down
          8
          ·
          edit-2
          1 year ago

          Again, the word “militia” meant something different back then, and the Supreme Court ruled in D.C. vs. Heller (2008) that Militia membership is NOT a requirement.

          And no, felons shouldn’t own weapons. If it were it up to me I’d expand it.

          If you look at the Michigan State shooter, he was arrested previously on a felony gun charge, pled out to a misdemeanor, did his time, bought more guns, and shot up the place.

          I’d argue that previous gun charges, felony OR missemeanor, should bar you from future gun ownership. You’ve already proven you can’t be trusted with a gun.

            • Beemo Dinosaurierfuß@feddit.de
              link
              fedilink
              arrow-up
              4
              arrow-down
              5
              ·
              1 year ago

              Everyone gets it but you.

              The fascists are armed to their teeth because dumb fucks following dumb rules allowed it.
              That’s the reason they are NOT armed to their teeth where I live and if they try to get armed they run a real risk of going to jail. I read about it every other week, because they keep trying and fortunately most keep failing.

              And that’s why I as a not so young, but tattooed and obviously liberal looking dude can walk around without a care in the world and I train how to choke a mf out just for my personal enjoyment and not for any real world need to.

        • HelixDab2@lemm.ee
          link
          fedilink
          arrow-up
          8
          arrow-down
          9
          ·
          1 year ago

          Are you interested in understanding the historical context and meaning of the second amendment?

          Or do you just want to argue against it?

          This is a serious question.

          • prole@sh.itjust.works
            link
            fedilink
            English
            arrow-up
            6
            ·
            1 year ago

            There are ~2 centuries of US history before the Heller decision… Don’t forget that historical context.

            • HelixDab2@lemm.ee
              link
              fedilink
              arrow-up
              6
              arrow-down
              1
              ·
              1 year ago

              There was 3+ centuries of slavery in the US prior to the 14th amendment. Until the Civil Rights Acts, Jim Crow laws had been upheld for a century.

              We can also look at that historical context and see that the gov’t was often motivated by systemic racism to enact gun control.

              Historical context isn’t a panacea.

              • prole@sh.itjust.works
                link
                fedilink
                English
                arrow-up
                3
                arrow-down
                1
                ·
                1 year ago

                Ok, but do you actually think that’s what Heller was about? Preventing the government from enacting racist gun control laws? Really?

                Why don’t we ask Philando Castile about how much Heller helped him (side note, no support from the NRA on that one. Huh.).

                • HelixDab2@lemm.ee
                  link
                  fedilink
                  arrow-up
                  2
                  ·
                  1 year ago

                  The point of Heller was saying that guns in common use couldn’t be banned (and was affirmed to apply to states as well as D.C. in McDonald v. Chicago); many of the gun control laws that prevented ownership of firearms were racist in origin, and so saying that the gov’t can’t do that thing has the effect of invalidating laws rooted in racism.

                  One of the people that was originally part of the Heller case was a black community activist, and the reason she was removed from the case was lack of standing. She had not actually applied for a permit to own a firearm in the city–because she knew it was illegal–so she got kicked from the case. Heller was the only one of the original plaintiffs that tried to apply for a permit, hence the reason he’s the face. (Heller–the person–was/is a douchebag.)

                  The fact that cops murder black people is a problem, sure. Do you think that they’re going to stop if black people aren’t armed? The NRA is a rotten organization; I’d recommend the Firearms Policy Coalition as being one that’s more representative of the interests of gun owners, rather than christian nationalists.

          • Beemo Dinosaurierfuß@feddit.de
            link
            fedilink
            arrow-up
            6
            arrow-down
            1
            ·
            1 year ago

            Not OP but both.

            I am interested in the historical context, but I doubt it will change my opinion that it is fucking stupid to have something like that as part of a constitution.

            • HelixDab2@lemm.ee
              link
              fedilink
              arrow-up
              12
              arrow-down
              1
              ·
              1 year ago

              I would suggest reading, “Gunfight: The Battle Over the Right to Bear Arms in America” by Adam Winkler (ISBN ‎ 0393345831). The author has extensive end notes so you can check his sources. (There are also a number of books out there about the use of arms in the struggle for civil rights, but that’s not directly relevant.)

              This is greatly condensed. First, under English common law at the time, it was understood that the right to own arms for self defense was an individual right. The English king had previously disarmed groups (Catholics, I think? I’m not sure off the top of me head), and though it had taken a while, English courts had ruled that it was not legal for the gov’t to seize arms from the people. In the Americas, people were just armed. Most people had guns (certain anti-gun researchers have falsely claimed otherwise, but their claims simply don’t stand up), although “people” here is defined as white, male landowners, since women didn’t really have rights, and black people were largely enslaved. The militias of the time were *ALL able-bodied men. The people were legally obligated to provide their own weapons–which meant weapons fit for military service–and to both practice on their own, and muster with the rest of the militia when they were called to do so. The colonists were largely in charge of defending themselves, because it was expensive and slow to send the British army and navy over when colonists had skirmishes with the French or Native Americans. (I’m not making a values judgement on the colonists being colonizers and taking Native American land; just saying that’s the context.) The first real battle of the American Revolution occurred at a period when England was trying to exert more control over the colonies, and decided to seize the weapons that the the colonists had been amassing. The Battle of Lexington and Concord was specifically that; an attempt to seize weapons from the militias.

              The people that wrote the constitution intended for the people to be armed, and for the people to be armed with military weapons. Self defense was clearly a consideration, but it wasn’t the only consideration. When you read the things that the leaders of the revolution and authors of the constitution wrote regarding arms, it’s clear that they never intended it to be a right of the government; after all, the constitution gave the government the right to raise an army, so why would you need to have an amendment that also gives the gov’t the right to have arms?

              In regards to the violence - I’d argue that guns are not the problem, but are only tools. Switzerland and Finland both have heavily armed populations, but have very, very low murder rates, and very low rates of violent crime in general. The US combines a large number of guns with uniquely bad social and economic conditions; if we effectively address the social and economic conditions, then the issues with violent crime will largely disappear on their own, without the removing the civil rights.

              • LilB0kChoy@lemm.ee
                link
                fedilink
                arrow-up
                4
                ·
                1 year ago

                Switzerland and Finland both have heavily armed populations

                How do their laws around firearms and gun control compare? Is it apples to apples?

                • HelixDab2@lemm.ee
                  link
                  fedilink
                  arrow-up
                  5
                  ·
                  1 year ago

                  It is not, no. There are no countries where it’s apples-to-apples. Each country is going to have differing gun laws and regulations, so there’s no way to make an absolutely perfect comparison.

                  Having spoken to Finnish gun enthusiasts, you need to go to a range and shoot a certain number of times in a year in order to get permits to buy, but there are a limited number of ranges, and the slots fill up very quickly. But once you have permits, things like silencers are available without issue. It’s not significantly harder to get tactical/assault-style rifles than it is to get pistols. Background checks don’t seem to be any more significant than the checks that you have to go through in the US. Finns have a strong culture of hunting, as well as shooting Russians, so there’s quite a few gun owners in Finland.

                  Switzerland has conscription, so most people end up having to serve a year or so in the military, and then have the option of keeping their service rifle. Each canton seems to do their own permitting, but in general it’s not terribly difficult to get permits. Again, it’s not significantly more onerous to get a permit than it is to pass a background check in the US. The Swiss also have a strong culture of competitive shooting. Switzerland in general is pretty monocultural; it’s not easy to emigrate to Switzerland.

                  Both countries also have very strong social safety nets, and are significantly flatter economically; there isn’t the same kind of economic gulf between the poor and the wealthy in either country that we see in the US. Both countries have a judicial system that’s geared towards reform rather than punishment. Both countries have some form of socialized medicine, so that families aren’t going bankrupt because mom has breast cancer, or dad had a car accident. There’s far, far less religious extremism in both countries (religious extremism really drives the moralistic attitudes in the US towards crime and poverty).

                  Conversely, we can look at the UK and Australia to see what happens when you remove firearms, but don’t correct social conditions. (England, in particular, has been cutting all social programs.) Violent crime rates–defined as robbery, murder, assault/battery, and forcible rape–are roughly similar in the UK and Australia to the US, although the US has a far higher murder rate overall. Violent crime in the US is more lethal, but the lack of guns doesn’t have any effect on the overall violent crime rates. Rates of forcible rape in Australia are, IIRC, rather significantly higher than they are in the US. (A caveat is that you can never do a perfect comparison in crimes between countries, because the way that a crime is defined in the US will be different than it is defined in e.g. Canada. So these are rough comparisons, but essential correct, even if not perfect in all the particulars.)

      • toasteecup@lemmy.world
        link
        fedilink
        English
        arrow-up
        26
        arrow-down
        7
        ·
        1 year ago

        If you’re gonna quote the right, then quote all of it, it’s for the purpose of a militia.

        Last I checked none of the UA citizens are in one because we have a very well organized military instead which was the immediate down fall of what were typically loosely organized groups.

        • iyaerP@lemmy.world
          link
          fedilink
          arrow-up
          31
          arrow-down
          10
          ·
          edit-2
          1 year ago

          We have well-regulated militias.

          They’re called the National fucking Guard.

          Every Tom, Dick, and wife-beating Harry doesn’t need to walk around with enough firepower to massacre a neighborhood.

          The Constitution is a framework of government, not a goddamn suicide pact. Society and technology have changed since it was written, and we aren’t worried about needing the family musket to form a citizen militia to repel the Brits invading from Canada. And even by the end of the Revolutionary War, the myth of farmer militias gave way to the reality of a professional army.

          • Bartsbigbugbag@lemmy.ml
            link
            fedilink
            arrow-up
            14
            arrow-down
            1
            ·
            edit-2
            1 year ago

            The national guard would be considered an army. It is not a permanent war economy army like our Army, Navy, Marines, but it is an army nonetheless. Permanent war armies are a relatively modern product.

              • Bartsbigbugbag@lemmy.ml
                link
                fedilink
                arrow-up
                5
                ·
                1 year ago

                Personally, I’m much more for dismantling the permanent war economy and reducing the standing army by a few orders of magnitude. So much of our resources are stolen to keep a permanent war footing and maintain our our ~800 overseas bases. With the amount of money we spend to secure global military dominance, every single person in the entire country could have the worlds best healthcare, fully paid, no copays or anything.

                So tbh, I’d rather move back towards a militia.

                • iyaerP@lemmy.world
                  link
                  fedilink
                  arrow-up
                  1
                  ·
                  1 year ago

                  As much as I dislike the 2nd Ammendment, American prosperity is built on those overseas bases and the security that they provide to our allied countries. The modern globalized economy, which has benefited us IMMENSELY as a country is built on the promise that in exchange for America keeping the world safe for trade, almost all major countries use the American Dollar to back their own currency, and all oil is paid for in US Dollars.

                  The real problem is that we aren’t taxing the ultra-wealthy who are the ones getting all the money from the advantages of that globalized economy.

          • toasteecup@lemmy.world
            link
            fedilink
            English
            arrow-up
            7
            arrow-down
            3
            ·
            1 year ago

            I personally wouldn’t call that a militia. My understanding of a militia is that it’s a small group of people 20-40 max.

            The national guard is significantly larger and much much more well organized.

            That being said I agree with the rest of what you’ve said.

          • be_excellent_to_each_other@kbin.social
            link
            fedilink
            arrow-up
            7
            arrow-down
            3
            ·
            1 year ago

            The Constitution is a framework of government, not a goddamn suicide pact.

            This is really a the core of the current problem, I think. We’ll never get enough votes for an amendment of any kind IMO. R would vote against an amendment from D saying the sky was blue. So now we’re at a place where turning schools into prisons due to all the security measures and similar bandaids are the only things we can do.

            • BURN@lemmy.world
              link
              fedilink
              arrow-up
              4
              ·
              1 year ago

              No meaningful amendment has been passed since the 80s or 90s I think. The only one that has was on the books literally from the 1800’s and was only recently ratified.

              There’s exactly a 0% chance of getting 2/3 of the states on board with anything

              • There’s exactly a 0% chance of getting 2/3 of the states on board with anything

                Truly a sad state of affairs, and to use the language of the other poster, it does turn the constitution into a suicide pact from a certain point of view.

        • Bartsbigbugbag@lemmy.ml
          link
          fedilink
          arrow-up
          7
          arrow-down
          2
          ·
          edit-2
          1 year ago

          I mean, I know it’s pretty common to reinterpret things such as that through a modern lens, and I support this law that’s being overturned, but well-regulated has a very specific definition in 18th century America, and it is not what you describe. Not to mention that ARMING EVERYONE (white, at least, the rest weren’t considered people by those racist fuckheads) was an explicit goal of the US, in order to support their settler colonial project.

          • BigMacHole@lemm.ee
            link
            fedilink
            arrow-up
            8
            arrow-down
            6
            ·
            1 year ago

            AND in 18th century America they very specifically meant AR15 guns and similar weapons!

            • Bartsbigbugbag@lemmy.ml
              link
              fedilink
              arrow-up
              5
              ·
              1 year ago

              Well, it specifically included the right to own cannons, and full on gunships also. So, I don’t think they would have been too concerned about a single gun, when they intended for people to own what were then the most destructive weapons available.

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          13
          arrow-down
          25
          ·
          1 year ago

          Not according to the Supreme Court:

          https://supreme.justia.com/cases/federal/us/554/570/

          “Private citizens have the right under the Second Amendment to possess an ordinary type of weapon and use it for lawful, historically established situations such as self-defense in a home, even when there is no relationship to a local militia.”

          Here’s the confusion…

          Back when the 2nd Amendment was written, things like “well regulated” and “militia” meant different things than they do now.

          The militia was comprised of all able bodied men who could be called up at any time for defense. They were literally members of the general public.

          Well regulated meant “well armed and equipped”.

          So knowing this, the 2nd Amendment makes perfect sense.

          “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.”

          Reads as:

          “A well armed and equipped populace, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

          The key phrase here is “right of the people”. All people.

          • conquer4@lemmy.world
            link
            fedilink
            English
            arrow-up
            14
            arrow-down
            4
            ·
            1 year ago

            But arguably, women are not subject to being called up due to not in the selective service. So take the guns away from females. /s

              • lewdian69@lemmy.world
                link
                fedilink
                arrow-up
                12
                arrow-down
                5
                ·
                1 year ago

                Huh, almost like things can and should change after it was written. So fuck the 2nd amendment and anyone that defends it.

                • jordanlund@lemmy.world
                  link
                  fedilink
                  arrow-up
                  2
                  arrow-down
                  6
                  ·
                  1 year ago

                  I think it was Jefferson who argued the Constitution should have been re-written every 10 years?

                  Let me see if I can find the quote…

                  19 years…

                  “Every constitution, then, and every law, naturally expires at the end of 19. years. If it be enforced longer, it is an act of force and not of right.”

                  Madison was the one to kill that idea.

                  But as it stands, the 2nd Amendment is the law of the land. You don’t have to like it, and there are things you can do about it:

                  1. Get an Amendment started. You have to get 290 votes in the House and 67 votes in the Senate. Then get it ratified by 34 State Houses.

                  2. Get it re-interpreted by the Supreme Court. You do this by electing Democratic Presidents in '24 and '28. That gives a solid Democratic White House until 2032.

                  The Supreme Court leans 6-3 Conservative.
                  The two oldest judges are Thomas (75) and Alito (73). If they are replaced by a Democratic President, that will turn the court back 5-4 Liberal.

                  When you look at the next three oldest though: Sotomayor (69), Roberts (68), Kagan (63).

                  It doesn’t do much good to flip Thomas and Alito in the next 10 years, then lose Sotomayor, Kagan, and a reliable swing vote like Roberts 5-10 years after that.

                  So now you’re looking at having to have Democrats hold the White House in '24, '28, '32, '36 and possibly '40.

      • turmacar@lemmy.world
        link
        fedilink
        arrow-up
        26
        arrow-down
        7
        ·
        1 year ago

        Arms. Not guns.

        We’ve decided it’s not okay for someone to have a Patriot missile, nuclear landmine, warships, and many other arms.

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          12
          arrow-down
          14
          ·
          1 year ago

          Not according to the Supreme Court, over and over again.

          Heller - 2008:

          https://supreme.justia.com/cases/federal/us/554/570/

          “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

          McDonald - 2010 (because Heller involved Washington D.C., a 2nd ruling showed that it also applies to states as well).

          https://supreme.justia.com/cases/federal/us/561/742/

          “The Due Process Clause of the Fourteenth Amendment extends the Second Amendment’s right to keep and bear arms to the states, at least for traditional, lawful purposes such as self-defense.”

          Caetano - 2016 - This one is fascinating. I wish more people read it. Woman had an abusive ex, bought a taser to protect herself. MA went after her arguing “tasers didn’t exist back then, 2nd Amendment doesn’t apply.” Supremes “um actually’d” them hard.

          https://supreme.justia.com/cases/federal/us/577/14-10078/

          “The Second Amendment covers all weapons that may be defined as “bearable arms,” even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare.”

          Bruen - 2022

          https://supreme.justia.com/cases/federal/us/597/20-843/

          "The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780 (plurality opinion). We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.

          New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.

          It is so ordered."

          Sooo…

          When you look at all 4 of these rulings together…

          Washington D.C. can’t ban an entire class of weapon, or require they be kept locked or disassembled. Militia membership is not required (Heller).

          That same restriction applies to the States as well (McDonald).

          The 2nd amendment applies to all bearable weapons, even those that did not exist at the time of writing (Caetano).

          States cannot apply additional restrictions on gun ownership or possession (Bruen). Citizens only need to pass a criminal check.

          • nixcamic@lemmy.world
            link
            fedilink
            arrow-up
            9
            arrow-down
            1
            ·
            1 year ago

            Citizens only need to pass a criminal check.

            But I thought it was a Right not a right*

            • jordanlund@lemmy.world
              link
              fedilink
              arrow-up
              5
              arrow-down
              2
              ·
              1 year ago

              They really do, and I say that as a gun owner. You are not free to skate on the criminal background check.

                • jordanlund@lemmy.world
                  link
                  fedilink
                  arrow-up
                  2
                  arrow-down
                  2
                  ·
                  1 year ago

                  Oh, I agree, and I’d like to go further by including things in the background check that aren’t currently present but should be.

                  Did you know, if someone goes through an involuntary mental health hold that is not ordered by a judge, that does NOT appear on a background check? Seriously. That shit needs to get fixed.

                  https://en.m.wikipedia.org/wiki/2022_Buffalo_shooting

                  "A teacher had asked him about his plans after the school year, and he responded, “I want to murder and commit suicide.”[65] He was referred to a hospital for mental health evaluation and counseling but was released after being held for a day and a half.[20][64][66]

                  The New York State Police did not seek an order from a state court to remove guns from Gendron’s possession.[67][68] The mental health evaluation was not an involuntary commitment, which would have prohibited him from buying guns under federal law.[67]"

          • TheSanSabaSongbird@lemdro.id
            link
            fedilink
            English
            arrow-up
            6
            arrow-down
            2
            ·
            1 year ago

            Except that there are other restrictions and as has already been pointed out, you still can’t own any weapon you want. This fact is something you should be admitting and grappling with. You can’t simply ignore it, as you seem to want to do. It may be that there’s an intellectually coherent way around it, but if so I have yet to see you or anyone else, let alone the SCOTUS, lay it out.

            This intellectual inconsistency is, I would argue, a direct result of the fact that all of the decisions you mention above are based on a faulty reading of the 2nd.

          • Flying Squid@lemmy.world
            link
            fedilink
            arrow-up
            5
            arrow-down
            2
            ·
            1 year ago

            I assume you agree with SCOTUS on Dredd Scott and ending Roe v. Wade since that’s what makes things right.

            • jordanlund@lemmy.world
              link
              fedilink
              arrow-up
              1
              arrow-down
              3
              ·
              1 year ago

              It doesn’t matter what I think about Supreme Court decisions, I am neither a lawyer nor a judge. They rule the way they rule, it’s up to smarter people than me to work around that.

              I could see, in the wake of Roe v. Wade, a modern underground railroad shuttling women from red states to get the proper care they need. Some states are already attempting to block that, but then that would run afoul of “freedom of movement.”

              https://en.m.wikipedia.org/wiki/Freedom_of_movement_under_United_States_law

              • Flying Squid@lemmy.world
                link
                fedilink
                arrow-up
                5
                ·
                1 year ago

                Got it. “I am not a lawyer or a judge, so I can’t say if Dredd Scott was a bad decision.”

                I think the rest of us can figure out that not letting slaves go free was a bad decision despite not being lawyers or judges.

                • jordanlund@lemmy.world
                  link
                  fedilink
                  arrow-up
                  1
                  arrow-down
                  2
                  ·
                  1 year ago

                  Nope, I’m not a lawyer or a judge so my opinion on legal matters is 100% irrelevant. It would be nice if more people on the Internet could recognize that. Opinions are like assholes, everyone has one, and while yours may be very important to you, nobody else wants to see it.

      • jaybone@lemmy.world
        link
        fedilink
        arrow-up
        21
        arrow-down
        4
        ·
        1 year ago

        It says state constitution.

        And if the state voted against it, seems they should change the constitution.

        Just like they should be doing with a bunch of amendments at the federal level to the US constitution.

      • Pennomi@lemmy.world
        link
        fedilink
        English
        arrow-up
        20
        arrow-down
        4
        ·
        1 year ago

        Background checks for gun ownership absolutely is a common sense law. Sadly the state constitution is poorly written in this case, so that needs fixed before a measure like this can be approved.

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          17
          arrow-down
          10
          ·
          1 year ago

          This law had nothing to do with background checks. Oregon and federal law already require background checks.

          This required a special permit to purchase a gun which is not allowed.

            • Tayb@lemmy.world
              link
              fedilink
              arrow-up
              8
              ·
              1 year ago

              Nope! You can buy a tank online. Probably will set you back about as much as a new Ferrari for a restored Cold War example, but no permit required.

                • SheeEttin@lemmy.world
                  link
                  fedilink
                  English
                  arrow-up
                  5
                  ·
                  1 year ago

                  No, but you can probably apply to the ATF for a destructive device registration if you make its gun operational.

                  I think you also need to do the same for each shell. I know you have to do this for grenade launchers, I’m assuming it’s the same for tank shells (especially exploding rounds, not sure about non-exploding).

      • Brokkr@lemmy.world
        link
        fedilink
        arrow-up
        16
        arrow-down
        4
        ·
        1 year ago

        No court has ever interpreted any right granted by the constitution as absolutely as you believe. All rights have limits.

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          10
          arrow-down
          5
          ·
          1 year ago

          The Supreme Court has stated that they do believe the 2nd Amendment is restricted, but so far, since 2008, they have struck down all challenges:

          Washington D.C. can’t ban an entire class of weapon (handguns), or require they be kept locked or disassembled. Militia membership is not required (Heller, 2008).

          That same restriction applies to the States as well (McDonald, 2010).

          The 2nd amendment applies to all bearable weapons, even those that did not exist at the time of writing (Caetano, 2016).

          States cannot apply additional restrictions on gun ownership or possession (Bruen, 2022). Citizens only need to pass a criminal check.

          • lewdian69@lemmy.world
            link
            fedilink
            arrow-up
            10
            arrow-down
            3
            ·
            1 year ago

            Jordan, people here don’t care whether some bought and paid for judges allowed immoral interpretations of the 2nd amendment. They are arguing that those interpretations are wrong. You can quote legal scripture as much as you like. It doesn’t change the fact that those decisions were wrong and continue to be wrong and our society is worse off because of it.

            • jordanlund@lemmy.world
              link
              fedilink
              arrow-up
              8
              arrow-down
              8
              ·
              1 year ago

              It doesn’t matter what a bunch of people on the Internet think about the Court or the 2nd Amendment. Their opinion of it has exactly zero legal weight to it.

              They CAN change it, and I’ve outlined the ways they can.

              1. Start an Amendment. Do this by getting 290 votes in the House. Good luck with that!

              2. Get the Supreme Court to change their interpretation. That means having a Democratic President when the next 2 judges leave the court (likely Thomas - 75 and Alito - 73, two oldest on the court.)

      • Fredselfish@lemmy.world
        link
        fedilink
        arrow-up
        19
        arrow-down
        8
        ·
        1 year ago

        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.

        That the second amendment yet everyone ignores the WELL REGLATED part every fucking time.

        To me that reads that having back ground checks and etc fits perfectly into the second amendment.

        But the Goddamm corrupt courts keep ignoring the entirety of the constitution.

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          10
          arrow-down
          6
          ·
          1 year ago

          Well Regulated and militia back then both meant something entirely different from what it means today, that’s a large part of the problem.

          The founders wanted a well armed and equipped population that could be called up for defense at a moments notice.

          If you find that confusing, read the line about “the right of the people to keep and bear arms”.

          • PoliticalAgitator@lemm.ee
            link
            fedilink
            arrow-up
            7
            arrow-down
            2
            ·
            1 year ago

            I love seeing this argument because nothing makes it clearer that your views aren’t the product of any kind of critical thought, you’ve just been handed an excuse to keep doing what you want and you’ve accepted it with no further questions.

            Because even if we just let you have “well regulated means operating well, not subject to regulations”, gun-owners in America still don’t meet that definition.

            What good is a militia member who can’t demonstrate basic competence and safety with their weapon, isn’t required to meet any standard of fitness or miltary training, that potentially has a history of punching their wife?

            And of course, the founding fathers were absolutely aware of this problem.

            Washington spoke of his attempt to recruit from local militias by saying “you may, with almost equal success, attempt to raize the Dead to Life again, as the force of this country”.

            In a letter to his nephew he stated “I am wearied to death all day with a variety of perplexing circumstances, disturbed at the conduct of the militia, whose behavior and want of discipline has done great injury to the other troops, who never had officers, except in a few instances, worth the bread they eat.”

            So tell us more about how “this is what the founding fathers wanted”.

            • jordanlund@lemmy.world
              link
              fedilink
              arrow-up
              4
              arrow-down
              2
              ·
              1 year ago

              Tell me how Washington was involved in writing the 2nd Amendment… Oh… Riiiight… It was Madison and he describes his reasoning in Federalist 46:

              https://avalon.law.yale.edu/18th_century/fed46.asp

              “a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence.”

              He proposes a standing army no larger than 1/100 of the population or 1/25 able bodied men.

              Compared to the militia which is literally “everybody else”.

              More on the history of it here:

              https://www.britannica.com/topic/Second-Amendment

              • PoliticalAgitator@lemm.ee
                link
                fedilink
                arrow-up
                5
                arrow-down
                1
                ·
                edit-2
                1 year ago

                Aww, don’t be shy, tell us what his motivations were. It was to keep us safe from tyranny right?

                Nope, he was concerned Congress couldn’t be relied on to arm the militas they used for slave control. He wasn’t even shy about it. Is this something that’s still important to you? How many school shootings would you say its worth?

                Of course, he also spoke of how “An armed and trained militia is the firmest bulwark of republics”, so I guess you’ve only got a small pool of quotes to choose from where he doesn’t undermine your case.

                But hey, if “well regulated” means “able to murder unarmed black people”, the pro-gun community really has built a well regulated militia, because some far-right fuckstain does that almost every month.

                Edit: Oh look, here’s a well regulated militia now.

                • jordanlund@lemmy.world
                  link
                  fedilink
                  arrow-up
                  2
                  arrow-down
                  1
                  ·
                  1 year ago

                  Oh, it was VERY much in fear of slave rebellions. That’s an established fact:

                  https://www.npr.org/2021/06/02/1002107670/historian-uncovers-the-racist-roots-of-the-2nd-amendment

                  “It was in response to the concerns coming out of the Virginia ratification convention for the Constitution, led by Patrick Henry and George Mason, that a militia that was controlled solely by the federal government would not be there to protect the slave owners from an enslaved uprising. And … James Madison crafted that language in order to mollify the concerns coming out of Virginia and the anti-Federalists, that they would still have full control over their state militias — and those militias were used in order to quell slave revolts. … The Second Amendment really provided the cover, the assurances that Patrick Henry and George Mason needed, that the militias would not be controlled by the federal government, but that they would be controlled by the states and at the beck and call of the states to be able to put down these uprisings.”

                  Well… I say “established”, there’s apparently still some debate:

                  https://www.law.georgetown.edu/public-policy-journal/wp-content/uploads/sites/23/2022/09/GT-GLPP220045.pdf

                  "As Bogus concedes, no direct evidence supports the thesis. Instead, historical fact refutes it. The predecessor of the Amendment was the English Declaration of Rights of 1689, which protected the right of Protestants to have arms. England had no domestic slave population. Beginning in 1776, some states adopted bills of rights that recognized the right to bear arms. Three of them were Northern states that had abolished slavery. When the federal Constitution was proposed in 1787, it was criticized for lacking a bill of rights. Demands for recognition of the right to bear arms emanated from antifederalists, including abolitionists, in the Northern states, while several Southern states ratifed with-out demanding amendments at all.

                  New Hampshire, whose bill of rights was read to abolish slavery, was the first state to ratify the Constitution and demand a prohibition on the disarming of citizens. The Virginia ratifying convention followed. While some supported an amendment stating that the states could maintain militias if Congress neglected the same, support for the militia was largely tied to rejection of a standing army, not maintenance of slavery. The right to bear arms was proposed in a declaration of rights that had nothing to do with slavery. New York ratifed next, also proposing recognition of the arms right.

                  James Madison introduced what became the Second Amendment in the first federal Congress, and it worked its way through both Houses without any hint of concern for the interests of slavery. Congress rejected the separate structural amendments that included a proposal for more state powers over the militia.

                  Rhode Island, the last of the original thirteen states to ratify the Constitution, demanded both recognition of the right to bear arms and abolition of the slave trade. Vermont was then admitted as a state—it had abolished slavery and recognized the right to bear arms in its 1777 Constitution—and it now ratifed the Second Amendment.

                  Contrary to Bogus, no secret conspiracy was afoot to make “the right of the people” to bear arms an instrument of slavery. Instead, the abolitionists, and then the framers of the Fourteenth Amendment, would use those words to show that “the people” meant just that. African Americans were people and were thus entitled to all of the rights of Americans. The failure at the Founding was not that the rights of citizens were accorded to whites, but that these rights were not accorded to all persons without regard to race. By its very terms, the Second Amendment is a bulwark for the protection of the fundamental rights of all of the people."

          • Fredselfish@lemmy.world
            link
            fedilink
            arrow-up
            8
            arrow-down
            4
            ·
            1 year ago

            Still needed to be regulated so they saw a need to make sure that they well trained etc. That didn’t want just anyone to be armed. Today they don’t care if you’re crazy as shit and threatened to kill loads of school kids. The right wants no regulation at all.

            I swear we will get this issue fixed soon as one of these nuts start targeting the alt right and GOP.

              • TheSanSabaSongbird@lemdro.id
                link
                fedilink
                English
                arrow-up
                3
                ·
                1 year ago

                No, it’s a right because it was deemed necessary to the security of a free state. But the individual right to bear arms was meant to be as part of a “well-regulated” militia, not simply as “everyone can have whatever weapon they want.”

                Even our current very loose and I would argue inaccurate interpretation of the 2nd does not contemplate the idea that private citizens should be allowed to own tanks or heavy machine guns or SAMs without a ton of oversight.

                And of course none of this touches on the elephant in the room which is the rather obvious fact that if we take originalism seriously, then we have to concede that Madison’s conception of the 2nd as being “necessary to the security of a free state,” no longer applies since he was specifically concerned with large-scale civil insurrections such as Shay’s Rebellion or slave uprisings, and we know very well that militias can play no role in putting down such incidents in a modern context, and to the contrary, generally only serve to exacerbate tensions and escalate violence.

                • jordanlund@lemmy.world
                  link
                  fedilink
                  arrow-up
                  2
                  arrow-down
                  2
                  ·
                  1 year ago

                  That’s a common misreading of the 2nd amendment. You need to get a little further:

                  “the right of the people to keep and bear Arms, shall not be infringed.”

                  The people, not the militias.

                  This is why the Supreme Court ruled in 2008:

                  https://supreme.justia.com/cases/federal/us/554/570/

                  Private citizens have the right under the Second Amendment to possess an ordinary type of weapon and use it for lawful, historically established situations such as self-defense in a home, even when there is no relationship to a local militia.

            • jordanlund@lemmy.world
              link
              fedilink
              arrow-up
              2
              arrow-down
              2
              ·
              1 year ago

              Oh, I personally agree, but apparently that’s up for debate:

              https://www.law.georgetown.edu/public-policy-journal/wp-content/uploads/sites/23/2022/09/GT-GLPP220045.pdf

              "As Bogus concedes, no direct evidence supports the thesis. Instead, historical fact refutes it. The predecessor of the Amendment was the English Declaration of Rights of 1689, which protected the right of Protestants to have arms. England had no domestic slave population. Beginning in 1776, some states adopted bills of rights that recognized the right to bear arms. Three of them were Northern states that had abolished slavery. When the federal Constitution was proposed in 1787, it was criticized for lacking a bill of rights. Demands for recognition of the right to bear arms emanated from antifederalists, including abolitionists, in the Northern states, while several Southern states ratifed with-out demanding amendments at all.

              New Hampshire, whose bill of rights was read to abolish slavery, was the first state to ratify the Constitution and demand a prohibition on the disarming of citizens. The Virginia ratifying convention followed. While some supported an amendment stating that the states could maintain militias if Congress neglected the same, support for the militia was largely tied to rejection of a standing army, not maintenance of slavery. The right to bear arms was proposed in a declaration of rights that had nothing to do with slavery. New York ratifed next, also proposing recognition of the arms right.

              James Madison introduced what became the Second Amendment in the first federal Congress, and it worked its way through both Houses without any hint of concern for the interests of slavery. Congress rejected the separate structural amendments that included a proposal for more state powers over the militia.

              Rhode Island, the last of the original thirteen states to ratify the Constitution, demanded both recognition of the right to bear arms and abolition of the slave trade. Vermont was then admitted as a state—it had abolished slavery and recognized the right to bear arms in its 1777 Constitution—and it now ratifed the Second Amendment.

              Contrary to Bogus, no secret conspiracy was afoot to make “the right of the people” to bear arms an instrument of slavery. Instead, the abolitionists, and then the framers of the Fourteenth Amendment, would use those words to show that “the people” meant just that. African Americans were people and were thus entitled to all of the rights of Americans. The failure at the Founding was not that the rights of citizens were accorded to whites, but that these rights were not accorded to all persons without regard to race. By its very terms, the Second Amendment is a bulwark for the protection of the fundamental rights of all of the people."

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          3
          arrow-down
          2
          ·
          1 year ago

          You kid, but that’s a common argument and was an argument against Measure 114. All it does is make it more expensive to own a gun and that’s more of a barrier for minorities.

          • HorseWithNoName@lemm.ee
            link
            fedilink
            arrow-up
            3
            arrow-down
            2
            ·
            1 year ago

            that’s a common argument and was an argument against Measure 114. All it does is make it more expensive to own a gun

            I wonder that law is for higher education. Or healthcare.

      • MagicShel@programming.dev
        link
        fedilink
        arrow-up
        10
        arrow-down
        3
        ·
        1 year ago

        You have describe the problem perfectly. 2A is an extremely blunt law with zero nuance. At least that’s how it has been interpreted by the courts. And that’s a clearly a huge problem. If the amendment allowed for common sense laws, that would be one thing, but we keep hearing over and over that 2A simply doesn’t allow it. Well then 2A is the problem.

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          8
          arrow-down
          4
          ·
          1 year ago

          And then the problem becomes you need a new Amendment to change it and that starts by getting a 2/3rds vote in the House… 290 votes.

          They can’t get 290 votes to decide who their own leader should be, or that George Santos should be bounced.

          We’re actually closer to calling for a full re-write of the Constitution, but when you consider that idea is being driven by the right wing, don’t hold out hope their version will contain gun control.

          https://en.m.wikipedia.org/wiki/Convention_to_propose_amendments_to_the_United_States_Constitution

          The right will demand abortion restriction and gun rights, the left will demand gun restriction and abortion rights, and the whole process dies.

          • be_excellent_to_each_other@kbin.social
            link
            fedilink
            arrow-up
            5
            arrow-down
            5
            ·
            edit-2
            1 year ago

            How hard do you smugly smile typing that, knowing we’ll probably never have the votes to amend the constitution ever again for any purpose?

            Knowing that, our only hope is to get a supreme court that will interpret it in a way that might let us save some lives.

            • jordanlund@lemmy.world
              link
              fedilink
              arrow-up
              5
              arrow-down
              3
              ·
              1 year ago

              Oh, it’s not smug. Horrified, never smug.

              I do hope that people will eventually realize that Republicans can’t run a government and throw them all out, but I suspect their voters aren’t interested in a functional government either.

      • BigMacHole@lemm.ee
        link
        fedilink
        arrow-up
        8
        arrow-down
        2
        ·
        1 year ago

        Exactly! But there is a LOT of wiggle room with “anyone who engages in insurrection can’t hold public office” and “you have the freedom to not practice anyone else’s religion!”

        • jordanlund@lemmy.world
          link
          fedilink
          arrow-up
          6
          arrow-down
          2
          ·
          1 year ago

          Because there is no right to vote in the Constitution, it fell to the states.

          https://www.democracydocket.com/analysis/what-does-the-constitution-say-about-the-right-to-vote/

          “The original Constitution doesn’t have much to say about the right to vote. Indeed, nowhere in the text does it explicitly say that citizens have the right to vote in elections. Instead, it merely states that anyone eligible to vote for the largest house of a state’s legislature is also eligible to vote for members of the House of Representatives from that state. As a result, states were left with the power to decide who qualified to vote, leading to considerable variation in the nation’s early years. While most states initially restricted voting to property-owning or tax-paying white men, some states, like New Jersey, allowed free Black men and women of both races to vote provided they met the property or tax requirements. While states soon began expanding voting rights to more citizens, this process unfolded unevenly because it was left up to each state. New Jersey actually revoked the vote from Black men and women in 1807 and North Carolina didn’t remove a property qualification until 1856. Similarly, Wyoming granted women the right to vote in 1869, long before all women achieved it nationally. This variability continues today, which is why felons can vote in some states but not in others.”

          So some states let you vote from prison, some don’t. Some restore the right on release, some don’t.

          • PoliticalAgitator@lemm.ee
            link
            fedilink
            arrow-up
            5
            arrow-down
            1
            ·
            edit-2
            1 year ago

            The constitution doesn’t grant many extremely important rights – including the right to vote – because it was written by slave owners who didn’t want to grant those rights to slaves and women.

            If they did add those things, they would have had to explicitly state those rights were for white men only.

            I assume if they had, all the pro-gun people saying “we need to arm mass shooters and idiots because its in the constitution” would also be pro-slavery and anti-suffrage too, since they staunchly oppose changing the constitution no matter how backwards and immoral it may be.

            • jordanlund@lemmy.world
              link
              fedilink
              arrow-up
              2
              arrow-down
              2
              ·
              1 year ago

              Oh, I’m not opposed to changing the Constitution, I just want people to recognize that given our CURRRENT standing in Congress, it’s a logistical impossibility.

              290 votes in the House to even START changing it…

  • alienanimals@lemmy.world
    link
    fedilink
    arrow-up
    55
    arrow-down
    16
    ·
    1 year ago

    Fixed the headline - Judge rules that Americans need more mass shootings before anything changes.

  • Pratai@lemmy.ca
    link
    fedilink
    arrow-up
    45
    arrow-down
    10
    ·
    1 year ago

    We can’t have reduced gun crimes in America. It would send the wrong message to the rest of the world that we’re reasonable and give a shit about our own people.

  • Bitswap@lemmy.world
    link
    fedilink
    arrow-up
    33
    arrow-down
    5
    ·
    1 year ago

    This will be overturned. This judge is known for making politically motivated decisions. There is a reason this was filed specifically in Harney County where this yahoo presides.

    Guaranteed this is not the last time this will be in the news.

        • Sanyanov@lemmy.world
          link
          fedilink
          arrow-up
          4
          ·
          edit-2
          1 year ago

          I believe people somehow did it through federation with Mastodon.

          Don’t remember in details. I’m not aware for Lemmy having such bots, but ActivityPub in general should have some.

  • Femcowboy@lemm.ee
    link
    fedilink
    arrow-up
    31
    arrow-down
    5
    ·
    1 year ago

    Democracy is when the majority of people vote for a law but because rich people from 100+ years ago say otherwise it doesn’t get enacted.

  • masquenox@lemmy.world
    link
    fedilink
    arrow-up
    27
    arrow-down
    5
    ·
    1 year ago

    C’mon, this is easy… all you need is a large gathering of BLM people or antifa packing ARs and boom - this law will mysteriously pass before the media frenzy has had a chance to get it’s shoes on.

    • lutillian@sh.itjust.works
      link
      fedilink
      arrow-up
      5
      arrow-down
      1
      ·
      1 year ago

      Nah, the result of that would be the national guard getting called and an oppressive use of force to put everyone back in their places. The media would either briefly display it in the news ticker mentioning that our national heros quelled a local terrorist attack or just say nothing about it.

      • masquenox@lemmy.world
        link
        fedilink
        arrow-up
        3
        ·
        1 year ago

        the result of that would be the national guard

        Do you know why they never called the national guard on the Black Panthers? Or why the pig never dared to confront them directly?

        • PoliticalAgitator@lemm.ee
          link
          fedilink
          arrow-up
          4
          arrow-down
          1
          ·
          1 year ago

          This is nothing more then a marketing campaign by the gun lobby to sell bullshit hero fantasies to left wing people too.

          “The pig” killed 34 members of the Black Panther Party, including outright assassinations.

          When the full details of the FBI involvment was revealed, the director of the agency issued a public apology for “wrongful use of power” and exactly 0 members of the pro-gun community used their guns to overthrow a government running projects like COINTELPRO.

          The BPP being armed didn’t just fail to deliver on everything you’re promising, it provided all the justification the state needed to abuse and murder them – an excuse police still use to this day.

          • masquenox@lemmy.world
            link
            fedilink
            arrow-up
            4
            arrow-down
            1
            ·
            1 year ago

            marketing campaign by the gun lobby to sell bullshit

            The left doesn’t need “marketing” to appreciate the value of modern-day weaponry - all we need for that is a proper understanding of the right and their liberal allies.

            “Under no pretext should arms and ammunition be surrendered; any attempt to disarm the workers must be frustrated, by force if necessary” - the big kahuna himself, Karl Marx.

            I’m no Marxist myself, but damn - when the guy was right he was really right.

            “The pig”

            It’s pig. Not “pig”.

            including outright assassinations.

            I wonder why they couldn’t just lynch Fred Hampton on the sidewalk like they did with George Floyd - it’s a complete mystery to me.

            it provided all the justification the state needed to abuse and murder them

            Riiiight… because the fascists have always required an excuse to perpetrate mass-murder on people they consider “other,” correct?

            • SCB@lemmy.world
              link
              fedilink
              arrow-up
              4
              arrow-down
              3
              ·
              1 year ago

              Lmao you’d lose any war you fought.

              The idea that you can own a gun and be safe from state violence has never once paid off for anyone who buys into it.

              • masquenox@lemmy.world
                link
                fedilink
                arrow-up
                2
                arrow-down
                1
                ·
                1 year ago

                be safe from state violence

                Appeasing the status quo is only an option for the privileged, Clyde.

                Do tell… will the pigs be siccing their Klan and neo-nazi proxies onto you first thing or won’t they?

                • PoliticalAgitator@lemm.ee
                  link
                  fedilink
                  arrow-up
                  1
                  ·
                  1 year ago

                  How many police and Nazis have you shot? Would you like to compare it to how many people neo-nazis and racist police have shot?

            • PoliticalAgitator@lemm.ee
              link
              fedilink
              arrow-up
              1
              ·
              1 year ago

              The left doesn’t need “marketing” to appreciate the value of modern-day weaponry - all we need for that is a proper understanding of the right and their liberal allies.

              The gun laws you’re advocating armed this shithead and thousands of others like him.

              He deliberately targeted minorities and legal gun owners did nothing to prevent it and will do nothing to prevent it happening again, because the only solutions they support are the ones that just happen to be most profitable to the gun lobby.

              I wonder why they couldn’t just lynch Fred Hampton on the sidewalk like they did with George Floyd - it’s a complete mystery to me.

              Your guns saved neither of those people but sure, tell us how George Floyd would have gone done in your little gun utopia.

              Should George have shot the cops? He’d still be dead, only now the people who wanted to kill him would be walking free.

              Should a passerby have shot the cops? They’d be dead instead of (or as well as) George and once again, the cops would be walking free, probably with an even bigger budget.

              Your bullshit “lets just shoot our problems” doesn’t help anybody except the far-right and the gun lobby.

              You’ve done fuck all to create actual reforms, you just advocate other people sacrifice their lives.

              Riiiight… because the fascists have always required an excuse to perpetrate mass-murder on people they consider “other,” correct?

              If you’re so convinced you have the solution to systemic violence and oppression, go out and shoot the county better. We’re all waiting for you to make all this violence worth it, like you promise you will and have been promising you will for 20 years.

              Until then, you’re only aiding scumbags and can stick your guns down your piss hole.

              • masquenox@lemmy.world
                link
                fedilink
                arrow-up
                1
                ·
                1 year ago

                The gun laws you’re advocating armed this shithead and thousands of others like him.

                No, Clyde… a fundamentally white supremacist state brainwashed him and millions of others like him - and your only solution to all this is to disarm the people most likely to be targeted by these fascists?

                I guess it’s true what they say… the only thing fascism really needs to flourish is a bunch of liberals to furrow the ground for them.

                • PoliticalAgitator@lemm.ee
                  link
                  fedilink
                  arrow-up
                  1
                  ·
                  1 year ago

                  your only solution to all this is to disarm the people most likely to be targeted by these fascists?

                  Do you have a head injury? My solution is to not arm the white supremacists, even if it inconveniences gun owners.

                  Meanwhile, your solution is to enthusiastically arm white supremacists over and over again and when they gun down as many, blame the victims for not carrying a gun with them at all times.

                  How is anyone supposed to believe you’re not a white supremacist or simp to the gun lobby?

                  I guess it’s true what they say… the only thing fascism really needs to flourish is a bunch of liberals to furrow the ground for them.

                  They seem to be flourishing well enough with their AR-15s and your no-strings-attached support.

                  If you have the solution, why isn’t it solved? Go out and shoot somebody and fix it.

    • sploosh@lemmy.world
      link
      fedilink
      arrow-up
      4
      arrow-down
      3
      ·
      1 year ago

      We already have heavily armed BLM and Antifa folks. Oregon contains multitudes.

      The law in question was doomed to fail. I’m halfway sure it was put on the ballot just to encourage pro gun people to vote.

    • freeindv@monyet.cc
      link
      fedilink
      arrow-up
      1
      arrow-down
      8
      ·
      1 year ago

      Except even during the most destructive and violent of BLM riots had armed participants, the pro civil rights people continued to stand by gun rights. You’ve been proven wrong and too ignorant to realize it, or too dishonest to admit it.

      • masquenox@lemmy.world
        link
        fedilink
        arrow-up
        1
        arrow-down
        1
        ·
        1 year ago

        destructive and violent of BLM riots

        Oh, it was BLM doing the violence? It wasn’t the pigs and their neo-nazi proxies?

        pro civil rights people

        Oh, it’s the white supremacists that are “pro-civil rights”, is it?

        I think you’ve just unmasked yourself, fashboi.

  • Alien Nathan Edward@lemm.ee
    link
    fedilink
    arrow-up
    26
    arrow-down
    5
    ·
    1 year ago

    Breaking: one unelected person with an agenda overrules entire state, imposes his personal interpretation of the law

  • GiddyGap@lemm.ee
    link
    fedilink
    arrow-up
    31
    arrow-down
    11
    ·
    1 year ago

    People from around the developed world looking at America…shaking my head

    • ickplant@lemmy.worldOP
      link
      fedilink
      arrow-up
      19
      arrow-down
      8
      ·
      1 year ago

      Trust me, Americans who understand what’s going on are shaking their heads too. And furiously voting and getting ready to vote. But are there enough of them?

      • skuzz@discuss.tchncs.de
        link
        fedilink
        arrow-up
        11
        arrow-down
        7
        ·
        1 year ago

        Like many other systemic problems, our voting isn’t working. Case in point, your article. As for how we can actually effect meaningful change? No idea. It’s frustrating.

        • Ð Greıt Þu̇mpkin@lemm.ee
          link
          fedilink
          arrow-up
          5
          ·
          1 year ago

          That’s why you have to keep voting.

          Change doesn’t come as a result of one victory, it’s a ungratifying grinding process that takes being able to consistently build on previous achievements.

          That’s literally how the right gets their way so often, one step or a hundred, doesn’t matter as long as the man on the ticket is even tangentially going in the direction they want.

          • whofearsthenight@lemm.ee
            link
            fedilink
            English
            arrow-up
            5
            ·
            1 year ago

            This is what is so, so frustrating. I’ve watched this cycle my entire life, and though I wouldn’t really be politically aware until about 99-2000 as Clinton left office, it’s the same cycle repeated and has been since at least Reagan. Republicans come in, cut taxes for the rich, start wars, and slowly chip away at our basic liberties. Democrats come in, start in the middle of a war, an economic recession, now a pandemic, etc, and have to clean it up. And then everyone gets pissed off because the dems can’t clean it up fast enough and like it’s fucking groundhog day, the country forgets and decides what’s going to fix it is changing back to the side the caused the fucking problem.

            The most mouth breather dumb shit take I hear especially on Lemmy is that “dems just don’t inspire enough” so people are going to sit it out or vote third party (which means, help Republicans win.) Well, I guess the absolute dumbest take is voting Republican. Doing the boring ass work and making tiny in roads is not inspiring, but it’s how you get to watershed moments. Republicans know this, they’ve been working for 50 years to overturn Roe, to further the wealth divide, to lock down your civil liberties.

          • PoliticalAgitator@lemm.ee
            link
            fedilink
            arrow-up
            8
            arrow-down
            3
            ·
            1 year ago

            Don’t worry, all the pro-gun people promised that if the government starts ignoring the will of the people they’ll shoot them with their cool guns.

          • whofearsthenight@lemm.ee
            link
            fedilink
            English
            arrow-up
            5
            ·
            1 year ago

            Uh, they are wrong. Think of how much absolute bullshit we would have avoided if turnout in 2016 wasn’t so low for Hilary, and people didn’t waste their vote on a deliberate spoiler candidate with Jill Stein. You can probably put some numbers on it - how many would not be dead if a rational leader had been overseeing the pandemic? Republicans wouldn’t have the Supreme Court, Roe wouldn’t have been over turned, we wouldn’t have the SC legislating from the bench in regards to EPA/climate change, we could have actual gun legislation, and so much more. The list goes on and on.

            Even in 2016, before we knew the depths of how far Trump would sink, we knew he was on tape advising how to commit sexual assault, had been accused of sexual assault by over 20 women, we knew he was racist and demonstrably so, we knew he was a conman that hadn’t ever really accomplished anything (unless a record for companies bankruptcies is something?)

            But hey, Hilary wasn’t “inspiring.”

            There is a reason there is so much effort to prevent people from voting in this country. There was a deliberate effort in 2016 to convince you that your vote didn’t matter, Hilary had it locked up, etc. There is a deliberate effort in basically every red state to gerrymander so progressives can’t get ahead.

            So anyway, these comments are doing their work for them. Our government has many problems, but the general thing is that it moves slow. If you want to see positive change, vote, and then have an attention span and keep voting.

  • randon31415@lemmy.world
    link
    fedilink
    arrow-up
    16
    arrow-down
    2
    ·
    1 year ago

    And the 21st amendment to the U.S. constitution violated the 18th amendment U.S. constitution. They should have passed this as a state constitutional amendment. Note that the judge didn’t say in violated the U.S. constitution, just the state - and another one said that it didn’t violate the 2nd amendment.

  • SheeEttin@lemmy.world
    link
    fedilink
    English
    arrow-up
    15
    arrow-down
    3
    ·
    1 year ago

    For reference, the bit in the Oregon state constitution is as follows:

    Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]

    Pretty similar to the US constitution’s second amendment. If SCOTUS was consistent, I think they’d rule in parallel to what’s been established elsewhere for licensing, purchasing restrictions, etc.

    • SeaJ@lemm.ee
      link
      fedilink
      arrow-up
      10
      arrow-down
      1
      ·
      1 year ago

      That is much more clear than the 2nd Amendment. That mentions the right to bear arms for self defense. The 2nd Amendment mentions the right to bear arms to defend the state.

      • jordanlund@lemmy.world
        link
        fedilink
        arrow-up
        6
        arrow-down
        5
        ·
        1 year ago

        This is true, the 2nd Amendment specifically states that the right to keep and bear arms is necessary for “a Free State”.

        However, enter the Supreme Court:

        https://supreme.justia.com/cases/federal/us/554/570/

        Really, the history of the issue and the citations they made are all worth reading before you get to the conclusion:

        “As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban amounts to a prohibition of an entire class of “arms” that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights,[Footnote 27] banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” 478 F. 3d, at 400, would fail constitutional muster.”

    • Natanael@slrpnk.net
      link
      fedilink
      arrow-up
      6
      ·
      1 year ago

      So then people who have a history of using them for crime which is very much not self defense ought not apply?

            • Natanael@slrpnk.net
              link
              fedilink
              arrow-up
              6
              ·
              1 year ago

              Read the article. An a law requiring background checks to block felons from purchasing guns was blocked, so they can only enforce it after the fact

              • jordanlund@lemmy.world
                link
                fedilink
                arrow-up
                2
                arrow-down
                3
                ·
                1 year ago

                That’s not what this law proposed. The background check blocking felons from purchasing a gun is still in place and it’s a federal regulation, not a state one.

                What the court blocked was a requirement that you get certified training (which doesn’t exist) and a background check BEFORE you can buy a gun.

                So it was a super-double background check which was wholly unmerited.

    • MrSqueezles@lemm.ee
      link
      fedilink
      arrow-up
      3
      ·
      1 year ago

      “The court finds that 10-round magazine bans are no panacea to prevent a mass shooter,” he wrote.

      “People tend to believe these events are prolific and happening all the time with massive levels of death and injury,” he added. “The court finds this belief, though sensationalized by the media, is not validated by the evidence.”

      Yeah, the judge sounded more interested in his own opinions than the law.

  • jordanlund@lemmy.world
    link
    fedilink
    arrow-up
    19
    arrow-down
    12
    ·
    1 year ago

    We’ve been talking locally about this law since it passed and it’s clear, in the wake of other court rulings, it would not stand.

    Notably:

    Maryland - struck down today as well:
    https://apnews.com/article/maryland-handgun-license-law-ruling-2094424b0cea9e6a2eda34f280cb1156

    Or the New York law which required special permission to carry. If the Supreme Court blocked that, there’s no way they’d allow a special permit to own.

    https://supreme.justia.com/cases/federal/us/597/20-843/

    "We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.

    New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.

    It is so ordered."

    • FlexibleToast@lemmy.world
      link
      fedilink
      arrow-up
      16
      arrow-down
      6
      ·
      1 year ago

      That’s what makes gun control such a difficult problem. People seem to forget that it is a right and those have extra weight behind them. While I want better gun control, I also don’t want our rights to be easily thrown away. The fact that the idea of a constitutional amendment seems so far fetched right now should be strong enough evidence that the system, as it was designed, has failed.

      • jordanlund@lemmy.world
        link
        fedilink
        arrow-up
        14
        arrow-down
        4
        ·
        1 year ago

        Not only is it a right, but given the overall dysfunction in Washington, changing it is an impossibility.

        In order to get a new Amendment off the ground, you need a 2/3rds vote in the House. 290 votes.

        They can’t get 290 votes to decide who their own leader should be.

        They can’t get 290 votes to agree to bounce George Santos.

        There’s ZERO hope they’d get 290 on ANY amendment, not just guns.

        • thisisawayoflife@lemmy.world
          link
          fedilink
          arrow-up
          3
          arrow-down
          1
          ·
          1 year ago

          In order to get a new Amendment off the ground, you need a 2/3rds vote in the House. 290 votes.

          … Or an Article V convention forced by states. I’d wager money it’s going to happen in the next 25 years.

          • jordanlund@lemmy.world
            link
            fedilink
            arrow-up
            4
            arrow-down
            3
            ·
            edit-2
            1 year ago

            Oh, we’re WAYYY closer than that. I think we’re only 3 or 4 states away now.

            There are two problems with that though…

            1. The states calling for it are red states. They aren’t going to limit gun rights, if anything they’ll expand it, along with other stupid shit like banning abortion and gay rights, ban different classes of people from voting, and likely come up with some legal definition of “woke” and try to ban it too.

            2. While you can call for a convention with a 2/3rds majority of states (34/50), it takes a 3/4 majority to RATIFY the new constitution (38/50).

            So, to put that in comparison… in 2020 Biden won 25 states, 1 congressional district in Nebraska, and Washington D.C. Trump won 25 states and 1 congressional district in Maine.

            In order to ratify a new constitution, you need all 25 states from one side, plus 13 from the other side.

            Want to restrict abortion? All 25 Trump states + 13 Biden states. Good luck with that.

            Want to restrict guns? All 25 Biden states + 13 Trump states.

            Take a look at the map, find me 13 red states who will agree to nullify the 2nd Amendment.

            Heck, find me the guaranteed 25 Biden states.

            • Ooops@kbin.social
              link
              fedilink
              arrow-up
              6
              ·
              1 year ago

              They will obviously never try to define “woke”. At this point it was intentionally shaped into trigger word to tell their moronic voters that something is bad without having to bring any actual arguments. An actual definition would hurt this prupose.

              • jordanlund@lemmy.world
                link
                fedilink
                arrow-up
                1
                arrow-down
                1
                ·
                1 year ago

                Yup, but it takes longer to get those five than you’d think.

                Look at abortion, it took 50 years of continual effort to un-do that.

                Sonce the 2008 gun ruling, Heller, the court has only gotten MORE conservative, not less conservative.

                The next two justices to drop out will likely be Thomas and Alito as they are the two oldest at 75 and 73 respectively, so we better be damn sure we have a Democratic President in place when that happens and a Democratic Senate who won’t block nominees the way McConnell did with Merrick Garland.

                But let’s assume we get that… the next three oldest judges are Sotomayor, Roberts and Kagan. So now we’re looking at having to hold the line not just for 2 judges but for 5, or it flips back again.

    • be_excellent_to_each_other@kbin.social
      link
      fedilink
      arrow-up
      2
      arrow-down
      5
      ·
      1 year ago

      “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.

      I kinda feel there’s a false equivalence there. I can’t kill arbitrary people as a result of exercising my first and sixth amendment rights.

      Doesn’t the right of others around you to life, liberty, and pursuit of happiness have equal standing? Seems reasonable to me to take steps to ensure you are less likely take away life by accident or malicious intent.

      • jordanlund@lemmy.world
        link
        fedilink
        arrow-up
        2
        arrow-down
        1
        ·
        1 year ago

        Life, liberty, and the pursuit of happiness aren’t Constitutional guarantees. Nor is the statement that all men are created equal. That’s the Declaration of Independence. ;)

        • be_excellent_to_each_other@kbin.social
          link
          fedilink
          arrow-up
          2
          arrow-down
          1
          ·
          1 year ago

          I didn’t say it was.

          We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

          So we no longer find these truths to be self-evident, because they are in the wrong document? Fair point that the standing is therefore not equal. Nonetheless I quite value my life, and find it reasonable to expect my armed neighbors to be trained in a way to minimize the risk to me from from their 2A rights.

          Still true that exercising the 1st and 6th don’t empower you to kill any random person you see. The court’s argument is a false equivalence.

          • jordanlund@lemmy.world
            link
            fedilink
            arrow-up
            1
            arrow-down
            2
            ·
            1 year ago

            No, because while the Declaration is a founding document, it has no legal bearing on the United States. It was literally declaring our separation from England and serves no purpose beyond that.

            • be_excellent_to_each_other@kbin.social
              link
              fedilink
              arrow-up
              2
              arrow-down
              1
              ·
              1 year ago

              So what about the rest of my comment?

              I kinda feel there’s a false equivalence there. I can’t kill arbitrary people as a result of exercising my first and sixth amendment rights.

              • jordanlund@lemmy.world
                link
                fedilink
                arrow-up
                2
                arrow-down
                1
                ·
                1 year ago

                First amendment, absolutely you can, you’ll just get prosecuted for it same as if you shoot someone. See Trump and January 6th.

                • be_excellent_to_each_other@kbin.social
                  link
                  fedilink
                  arrow-up
                  2
                  arrow-down
                  1
                  ·
                  1 year ago

                  No no. I can’t say a magic word to my neighbor because his dog pissed me off when it shit in my yard and cause him to drop dead.

                  Nor can I non-maliciously say a word by accident that causes some random person in my vicinity to die.

                  But if I’m an irresponsible gun owner I can do both those things and more. Hence the false equivalence here:

                  “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.

  • AlexWIWA@lemmy.ml
    link
    fedilink
    English
    arrow-up
    9
    arrow-down
    2
    ·
    1 year ago

    If they had left out the magazine restriction then this probably would have been a slam dunk bill.