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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…
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.
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.
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.
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"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?
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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.
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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.
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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.
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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
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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.
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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.
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.
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No court has ever interpreted any right granted by the constitution as absolutely as you believe. All rights have limits.
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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.
People from around the developed world looking at America...shaking my head...
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?
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.
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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.
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States rights people really confused prolly.
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.
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Breaking: one unelected person with an agenda overrules entire state, imposes his personal interpretation of 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/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."
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.
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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.
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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.
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.
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So just pass it as a constitutional amendment
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this post was submitted on 22 Nov 2023
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