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this post was submitted on 22 Nov 2023
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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.
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.
These days the cops would just show up and kill them all because they felt “threatened.”
The police aren't interested in a fair fight.
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.
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.
That seems to conflict with Miller though? A short barrel shotgun apparently wasn't standard military issue so it wasn't legal for possession?
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.
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.
"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?
As long as it's a well-regulated militia of felons, that's fine. /s
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.
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.
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.
https://rocketffl.com/who-can-own-a-full-auto-machine-gun/
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.
They didn't though. The general public can absolutely buy a fully automatic weapon, you just have to fill out the proper ATF forms and pay the INCREDIBLY high taxes on it. Tens of thousands of dollars.
https://rocketffl.com/who-can-own-a-full-auto-machine-gun/
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)
Arms. Not guns.
We've decided it's not okay for someone to have a Patriot missile, nuclear landmine, warships, and many other arms.
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.
But I thought it was a Right not a right*
No they don't, at the pro-gun communities insistance.
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.
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.
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
Pretty sure this all pre-dates selective service, but let's check...
Wow, yeah, conscription didn't start until the Civil War in 1861, and the Selective Service itself, not until WWI in 1917:
https://www.britannica.com/event/Selective-Service-Acts
Huh, almost like things can and should change after it was written. So fuck the 2nd amendment and anyone that defends it.
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.
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.
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.
No permit necessary for tanks and nukes then, right?
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.
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".
No court has ever interpreted any right granted by the constitution as absolutely as you believe. All rights have limits.
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.
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.
Start an Amendment. Do this by getting 290 votes in the House. Good luck with that!
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.)
But guns cost money. That barrier needs to be removed.
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/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.
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!"