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.
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"*.
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.
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.
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.
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.
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.
Arms does not mean guns. It just means weapons and/or armor.
Not according to the Supreme Court:
Heller - 2008:
https://supreme.justia.com/...
"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/...
"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/...
"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/...
"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.
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?
- The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.
- 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.
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.
Wild to see Conservative interpretation go from "well regulated doesn't mean well regulated" to "militia means me."
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.
The court recently said nationally legal abortion was unconstitutional. Do you agree? If not, curious how you spin that since SCOTUS decisions make right.
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.
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.
The general public can buy fully automatic weapons, you just have to fill out the proper ATF forms and be prepared to pay a really, really large sum of money. Tens of thousands of dollars.
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.
"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?
Ah yes, the Proud Boys...
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.
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.
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.
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.
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.
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.
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.
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.
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.
AND in 18th century America they very specifically meant AR15 guns and similar weapons!
Not according to the Supreme Court:
https://supreme.justia.com/...
"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.
Not according to the Supreme Court, over and over again.
Heller - 2008:
https://supreme.justia.com/...
"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/...
"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/...
"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/...
"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.
Citizens only need to pass a criminal check.
No they don't, at the pro-gun communities insistance.
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.
I assume you agree with SCOTUS on Dredd Scott and ending Roe v. Wade since that's what makes things right.
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.
Doesn't really matter what our state constitution says if the federal constitution blocks it.
There's actually a lot of ugly language in our state constitution:
https://en.m.wikipedia.org/...
I won't quote it here as it's not fit for human consumption. :(
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.
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.
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.
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.
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".
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".
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.
And that need was eliminated when we formed a standing army
But guns cost money. That barrier needs to be removed.
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.
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.
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.
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/...
The right will demand abortion restriction and gun rights, the left will demand gun restriction and abortion rights, and the whole process dies.
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.
That's how it has been interpreted lately.
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!"
Yet, states are able to take away a person's Right to vote when they go to prison.
Because there is no right to vote in the Constitution, it fell to the states.
https://www.democracydocket.com/...
"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.
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.
Fixed the headline - Judge rules that Americans need more mass shootings before anything changes.
"Man uses a fork to rake leaves, rails against tree for the fork not working"
That's only tengentially related to my comment?
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.
I've been saying this for a decade. Let's get the sikhs out open carrying AKs.
your projection is telling
Can you clarify your point if you were making one?
I don't get it either. WTF?
LMAO - You must have $5,000 down votes across postings now. You come across as an angry incel living in your mother's basement, listening to right-wing radio all day. I see you haven't posted in a week, perhaps you are gone, which would be better for everyone.
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.
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.
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?
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.
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.
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.
Breaking: one unelected person with an agenda overrules entire state, imposes his personal interpretation of the law
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.
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.
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.
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.
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.
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.
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/...
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."
If they're convicted felons, yes.
No court has ruled that felons can be gun owners, nor should they.
“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.
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/...
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/...
"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."
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.
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.
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.
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...
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.
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.
“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.
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. ;)
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.
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.
Can you imagine the response if Congress passed a law that said you must complete "voter training" prior to each election before being allowed to vote? Because we all know that there are lots of voters who know absolutely nothing about the people and issues they are voting on, simply voting as their party wishes. And what if the voter had to pay for that training? Do we set aside the Bill of Rights for the overall good of the country?
I get that there is a big problem with shootings. But these gun control measures do nothing other than make politicians points with their constituents. Live in a state that bans assault weapons and >10 round magazines? Go to a state without those restrictions and buy what you want - if you're going to commit a crime, why care that you are breaking the law by doing so? Anyone with a little mechanical skill, a hobby lathe, and a 3D printer can manufacture a fully automatic gun. And imagine the carnage if an unbalanced person waited for a windy day, stole a gasoline tanker, fitted it with an electric pump and nozzles, then started a huge wildfire just upwind of a major city. Take away guns and the crazies will turn to other means of carrying our their killing spree.
Want a real solution? That's going to cost you. Universal mental health care, free education and job training, and programs to find "loners", who are involved in most mass shootings, then evaluate their risk to the public and themselves.
Respectfully, reality doesn't agree with your opinion. In states where elected officials have taken action to pass gun safety laws, fewer people die by gun violence. These laws absolutely work.
Anyone with a little mechanical skill, a hobby lathe, and a 3D printer can manufacture a fully automatic gun
Yeah, sounds so simple. Totally not more effort than walking into a store and buying one.
Universal mental health care, free education and job training
Totally agree there - and there is no reason we can't have that AND reasonable gun laws. Never understood the false dichotomy.
programs to find “loners”, who are involved in most mass shootings
I'm glad you put "loners" in quotations because these people didn't get radicalized alone. Top law enforcement officials say the biggest domestic terror threat comes from white supremacists. These are not "lone wolves." They have been brainwashed by extreme right-wingers to hate anyone who is different.
Thanks for the well-worded reply. My concern is that we are preventing citizens from exercising a right. Restricting guns seems like the easy thing to do - if you're not a gun rights supporter. I live in a place where it can take law enforcement a while to reach me. Until then, I'm on my own. Being limited to a 10-round magazine and going up against someone with a 100-round rotary magazine could leave me dead. I hope it never happens, but it could. There are illegal pot farms up here, and being suspected of turning one in can get ugly quick.
We have yet to exhaust other less intrusive ways to curtail gun violence. The fact that all psychological disqualifying conditions are not used to determine gun purchases is appalling to me. Politicians are more concerned that a person might avoid seeking treatment to hide their condition. And how can some who have threatened or committed unwarranted violence on others still buy a firearm? These issues need to be addressed before the government infringes on everyone's right. Instead of legislating to address the least common denominator, stop those who've proven they lack good judgement from obtaining a weapon in the first place.
You folks should educate yourself before blanket statement saying, “Gun control gud, me vote fast for boom boom pow ban.” If you read Measure 114 it’s not at all gun control.
You simply cannot walk into any legitimate firearm store and legally purchase a firearm without filling out paperwork to undergo a background check. Period. So get that out of your head. It’s not possible. You have to fill out a 4473 from any dealer holding an FFL, any legal gun dealer has been issued an FFL by the ATF and is required by FEDERAL law to maintain records of their firearm sales for x amount of years so they can conduct and audit at the drop of a hat.
Measure 114 was pushing for Oregonians to have to take a class, approved by Law Enforcement, in order to apply for a permit to apply to begin the process to buy a firearm. So for my slow friends out there this would be like going to a car dealership, wanting to buy a sedan, having to present to them your state mandated document saying you have taken a class and passed, received a permit to be at the dealership looking at cars, before you can even test drive or start the conversation of purchasing that sedan. Then once you are ready to purchase said car, you have to begin the FEDERALLY mandated background check and jump through a completely different set of hoops.
Measure 114 was also pushed so quickly onto the ballot, Oregon State Police had no time to create curriculum for the mandated course, local law enforcement agencies (who were already facing budget cuts and staff shortages) had to figure a way to process these classes and additional applications and background checks that they never had to deal with.
As for the magazine ban, your typical handgun magazine holds 17 rounds. Again for my slow friends that’s 7 more than the proposed limit of 10. An AR magazine holds 30 rounds. These are not the kinds of magazines that should be the target of a magazine capacity ban. These were specifically designed for effective personal defense. You should look up from medical journals how many rounds from a handgun (9mm or larger) and an AR (.223 or larger) it takes to stop a full grown adult. The answer will surprise you, it’s close to 2/3’s or 66% of a handgun mag for one home invader. That leaves the average person 1.5 rounds short to protect them and their family should, God forbid, the unthinkable happen. Now you add adrenaline, nerves, and whatever other factor in and you realize that person is probably not going to land every shot perfectly on the invader. Now what. Should they just sit there and watch while the invader take advantage of their family?
You’ve cut funding for law enforcement. I’ve sat on hold for 30 minutes while calling in an active rape in a major city waiting for backup to respond. The police can only do so much, we have tied their hands with minimal funding and increased legislation. Is gun control a must absolutely, but educated control is the answer. Not blind support for any bill labeled, “Gun Control.”
You had me up until "fund the police state" as if US police unions aren't already the most powerful groups in the country to be a member of, as if any state or municipality has meaningfully cracked down on policing abuses, as if the US doesn't already have incarceration rates 5x the next NATO member, as if the US doesn't already spend more on policing than all but 2 nations do on their militaries, as if police spending ever dropped even 1%, and as if supposed funding cuts aren't just city council members shuffling the numbers around while the departments themselves see steady budget growth year-over-year.
Your experience is simply finding yourself calling in an incident on the wrong street for the wrong person, a call the officers know won't affect their bottom line. It's always been the case, whether passively delaying responses or actively corralling rioters away from wealthy districts. It's not because they're suffering for funding, it's because they know they can get away with it.
I’m sorry but you don’t know what you’re talking about. I feel bad life experiences have led you to feel the way you do but you simply don’t know the truth. I can over another example of calling 911, being placed on hold for 15 minutes, bounced around dispatch centers three times and then finally connected to the correct one and then waiting on scene of a fentanyl overdose for 45 minutes because the nearest available officer, again in a major city, was the only one who could respond.
These are the decisions of people voting to cut funding. This has nothing to do with police unions, who are funded directly out of the police officers paychecks by the way. If you’d like to discuss police reform, which this country does need, I’d be happy to do that on another forum but this discussion is about gun control. My point with mentioning the police was that we as private citizens are facing fewer and fewer options to protect ourselves. Thank you for your perspective.
911 funding is a convoluted mess between municipalities and states that's separate from "funding for law enforcement" and HAS been woefully under budgeted, especially as systems need upgrading.
Calling cops to an overdose instead of EMS is part of the fucking problem.
Thank you for the vulgarities to express your point. I can assure you I am better versed in the world of first responders. My point is that the city in which I live is so understaffed on police that there was nobody to respond to provide cover for Fire and EMS to conduct their duties for the overdosing individual.
like going to a car dealership, wanting to buy a sedan, having to present to them your state mandated document saying you have taken a class and passed, received a permit to be at the dealership looking at cars, before you can even test drive
I'm not agreeing or disagreeing as I haven't read M114.
I don't live in Oregon, but I'm pretty sure dealerships don't let you drive off without a driver's license?
I do live in Oregon and have a nearby dealership with a giant sign that says, "no license needed." And there is no requirement to have a license to buy a car in any state that I've lived in.
Interesting.
Couldn't the police arrest you as soon as you leave the lot?
If you drive the car onto public roads you would then be breaking the law and most likely you would have trouble applying for plates for the car. Traffic enforcement here isn't exactly on top of anything. If you wanted the car delivered to your home or any private property it would be perfectly legal. Based on the number of unplated vehicles and frequency of uninsured motorist incidents here, I'd be a bit shocked if any enforcement occurred.
Gonna need some sources on those home invasion stats. I have no horse in this race--it's not my state--but anybody who says it takes more than ten shots to stop an attacker is going to have to show me something to bulk up their credibility. I'm not going to just take your word on that. Even assuming the stat were technically true, if you can't stop a home intruder in ten shots, the magazine isn't the problem.
Also the car dealership analogy doesn't hold up, as, in fact, you must show proof that you have passed a legally required test before you will be allowed to test drive a car. It's not an outrageous requirement.
Finally, in what universe is a 30 round AR specifically designed for personal defense?
You obviously don’t understand firearms and this is not the place to educate you on them. I am proud of you for questioning stats on the internet, now go and research them for yourself. Use medical journals as your sources. Or university studies. Wikipedia, Tik Tok and the likes don’t count.
As far as the car dealership analogy you’ve missed the point. To even begin the conversation you have to have an extra certification. I’m not talking about your driver’s license. And again I am pro gun control.
As for the AR’s 30 round mag. Research, again through academic sources, the history and purpose of the AR and you’ll understand it’s not a “weapon of mass destruction.” The 30 round capacity is misleading to the firearms capabilities.
Thank you for your perspective I wish you luck in your educational journey!
That's a lot of words to say, "I have no way to back up my claims." "Go research for yourself" is the last bastion of those whose arguments fail to stand up to scrutiny. You have a lot to say, and so far in this thread the only single piece of evidence you've provided is a Youtube video. The AR's history is that it's a weapon of war.
I get the impression you have a lot of personal experience with guns, and you've probably been exposed to training in order to increase your comfort level, but "go research for yourself, and your research will obviously make you agree with me" doesn't change the reality that you haven't actually given any evidence for the stats you spouted. Save the condescension for your family and neighbors.
If you want your position to be taken seriously, back it up. Otherwise, everyone will continue to care nothing whatever about what you say.
That's all.
Pot calling the kettle black. Unlike you, I have read the bill. I knew what I voted for when I chose not to support Measure 114. You asked me to hand you supporting evidence for my viewpoints on a silver platter, I don’t do that for keyboard warriors such as yourself. If you’d like to show your interested in a legitimate discussion by showing some sort of fact from your way of looking at it I’m happy to look at it. Your sarcastic claim that I “obviously want you to agree with me” is grotesquely mistaken and again keyboard warrior click bait. Good luck with your journey, you obviously have nothing further to offer.
You might have had some decent points, but I'm not going to try an adult discussion with anyone who already talks to me like this before the discussion has even begun:
Gun control gud, me vote fast for boom boom pow ban.”
So for my slow friends out there
Again for my slow friends
That’s your choice. But when it comes to gun control, opposition typically approaches it in an adolescent manner. I’d be happy to hear your point of view and refrain from attacks on your intelligence, but I’d like to see fact based logic like I presented instead of fear based thinking like 99% of the posts on here. Most people read the article title and refused to research further. That’s the point I was proving. People need to think about critical issues before sounding off and impacting lives. Whether it be attacking our pro choice rights, telling someone they can’t marry who they love, or limiting what can be read in a school. Ignorance and fear govern the decisions of the masses.
I’d be happy to hear your point of view and refrain from attacks on your intelligence
Given that you pre-emptively attacked it, I doubt that very much. I'll save that conversation for someone else.
Good Day, Sir or Madam.
"So for my slow friends out there this would be like going to a car dealership, wanting to buy a sedan, having to present to them your state mandated document saying you have taken a class and passed, received a permit to be at the dealership looking at cars, before you can even test drive or start the conversation of purchasing that sedan."
Oh, Oregon doesn't require that you have a driver's license to drive a car? A driver's license that requires a cursory background check, a written knowledge check and a skills test? You aren't talking about a document like that? Let's go further, every where I've test driven a car, they want proof of insurance too, so you also need an allowance from a corporate, non-government, controlling entity in order to even begin being considered to be allowed to test drive a car?
Do you think about anything critically, or do you just spout shit and assume that people are going to agree with you, just because you agree with you?
I agree with 99% of what you said... but I take issue with this:
"You should look up from medical journals how many rounds from a handgun (9mm or larger) and an AR (.223 or larger) it takes to stop a full grown adult. The answer will surprise you, it’s close to 2/3’s or 66% of a handgun mag for one home invader."
I'd distinguish "stopping a person" from "stopping a crime". :)
Yes, your average drugged out perp is not going to go down easy.
But you don't have to put them down, you just have to get them to leave.
Every gun owner makes a critical error one time... forgetting to put on hearing protection. ;) You do it once, you never forget. Yes, I include myself in that.
In an enclosed space, firing once, if the person has an ounce of common sense, it will send them running.
Source:
I’m not sure I understand what you’re trying to articulate here. What does sound have to do with anything? Firearms are not “noise deterrents.” And firing a warning shot is not an appropriate means of firearm safety let alone a viable option for protecting loved ones or yourself. I’d be excited to understand your point better.
The sound of a gun will send people running even if you don't shoot them. Watch the video linked at the bottom.
You should never blindly fire a firearm. That’s the first rule of gun safety. I’m not watching a video promoting unsafe firearm practices. You’re part of the problem if you’re promoting blind firing a gun inside your house or anywhere. Buy some firecrackers and pull a Home Alone if that’s your desired effect, not a firearm.
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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…
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