A federal judge has struck down a California law banning gun magazines that hold more than 10 rounds. U.S.
California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.
The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.
This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.
Magazine size laws aren't really effective at doing anything. Up in Canada you can't have a rifle magazine with more than 5 rounds. However, almost all of the magazines are full size magazines that have been modified to hold fewer rounds. All of the responsible owners leave them at 5, but with a minute or two of work you could turn most of them into full size again. We don't have mass shootings every day.
Gun violence in America is a culture issue. You're broken.
A magazine is literally just a box of certain geometry with a spring inside it. They can be 3D printed or made by hand. No government anywhere can stop the signal. Instead we need to focus on the cultural rot that made narcissists decide it was OK to assault random strangers.
thank you!! this country has a narcissism problem. the hyper-focus on individuality and celebrities not only encourages it, but celebrates it. lots of people look up to narcissistic psychopaths as if being a ruthless egotistical asshole is something to strive for.
i knew a guy that had one poster up, and it was of Tony Montana from Scarface. he would show it off to people as if he were unaware he was indirectly telling everyone that he was an asshole. the guy i knew looked up to a machiavellian drug dealer that easily murdered anyone that got in his way of wealth and power, despite that Tony had a horrible relationship with his wife, was paranoid, and ended up dying from his own shit behaviors.
i knew a girl with a social circle that was all about social media likes. her and her best friend went to Hawaii to take pictures to post on instagram and facebook. i mean, they spent thousands of dollars and planned their days out in Hawaii around going to scenic places so they could waste hours taking and retaking 100s of pictures to post a few of the best ones. these girls had terrible relationships characterized by antagonism and competition. they would hit on each other's boyfriends and cheat on their own, then get surprisingly upset if anyone else did a 1/10 of what they did to their so-called friends and boyfriends. it was disgusting how they treated each other. even their own individual mentality was marred by these delusions of grandiosity and entitlement that weren't rooted in rationality or care for others.
whenever i visit other countries, i'm refreshed by the humanity of people there. i think it's one of the reasons i like traveling so much. i just cannot deal with the narcissism here. it's exhausting and alienating. anyone have any tips on how to remedy these feelings i get?
The most effective part of our gun laws is preventing violent offenders from obtaining a license (and maybe having a license to start with, I guess).
Beyond that, almost every other part of our laws are a ridiculous dog and pony show meant to appease some group or other in some way that's usually completely ineffective.
No. Canada has a whole host of prohibitions, and restrictions. The sale and transfer of handguns was recently made illegal (source), in 2020, 1500 models of what the Canadian government deemed to be an "Assault Rifle" were banned (source), Canada has extreme restrictions on the transportation of "Restricted Firearms" (handguns are an example of this) in that, to be able to transport them, you must obtain an "Authorization to transport", to be able to carry a "Restricted", or "Prohibited" firearm, one must obtain an "Authorization to Carry" (unless, possibly, it is for wilderness protection (source)), and, as outlined in the Canadian Criminal Code, and the Firearms Act, there are also many restrictions on the general transport, handling, storage, display, and transfer of firearms. Not to mention that in addition to all of this, as outlined in the Firearms Act, every firearm owner must be licensed for the use of "non-restricted" firearms (Possession and Acquisition License, PAL), and "restricted" firearms (Restricted Possession and Acquisition License, RPAL), respectively. The acquisition of each of these licenses requires a 1 day course, the successful passing of both a practical, and written exam, and a background check performed by the RCMP. After filling out, and submitting one's application, the prospective firearm owner's application, as mandated by legislation, will sit idle with the RCMP for a 28-day cooldown period. Only after that cooldown period has completed will they begin to process one's application, which can then take much longer depending on the speed of the government at any given time.
I can provide no guarantee that this list is exhaustive.
Yeah, how are Americans meant to shoot and kill the 11 intruders that come into their bedroom at night as they sleep if their AR-15 mag is limited to 10 rounds.
Good to see common sense prevail. Now to lift the ban on belt fed firearms so Americans can really live free (or at least those who aren't brown, black, female, queer, progressive, poor or school children).
Yeah, how are Americans meant to shoot and kill the 11 intruders that come into their bedroom at night as they sleep if their AR-15 mag is limited to 10 rounds.
Skill issue. Line them up so you kill multiple targets with 1 round, and learn how to reload faster.
Gun rights are also trans rights. And gay rights. It's also veeeeeeeeeery interesting how interested the state is in making sure that certain groups of people aren't armed, e.g., black and brown people.
I'm guessing that you haven't heard of The Pink Pistols or Operation Blazing Sword, or heard the saying, "armed queers bash back". You might be vaguely aware that MLK Jr. was denied the right to a pistol permit (back when many states in the south had 'may issue' laws, rather than 'shall issue'), and as a result was usually surrounded by people that were armed, because this non-violent stuff'll get you killed.
I'm gonna be honest here. That is an extremely American comment. You guys aren't exactly the pinnacle of LGBT rights. Far more trans people are killed by guns than save themselves thanks to a gun. Defending guns is killing people and visible minorities are the most at risk.
What states do you think are the best for LGBT people and how do you think their guns culture is like? And why would you think more guns are the solution when countries like Canada so inarguably better than you at this without the guns (we're still very flawed and have a long way to go, but I'm so glad I'm not American and feel bad for my LGBT friends in the US)?
And why focus on homicides when suicide is by far the bigger cause of death? Trans people are at considerably higher risk of suicide and owning a gun is strongly linked to increased chance of successfully commiting suicide. To be clear, the real solution we need is cultural acceptance because studies show that having an accepting environment massively reduces the suicide risk, but access to guns 100% makes it worse!
I know there's something about having access to a means to protect yourself that gives some measure of psychological safety. But studies are at best inconclusive or at worst straight up say you're more likely to be killed if you own a gun, so there is no real safety. And I assure you that an even better way to feel safe is to reduce how many guns other people have.
Again, I'm sorry for being so blunt. I know you mean well. But I think opinions like yours are literally killing people. I expect conservatives to love guns and I don't think anything will convince them, but I do think people like you can be convinced otherwise.
Actually a popular use for those guns is hog hunting, and you definitely want as many bullets as humanly possible when hunting hogs since they travel in packs.
My step dad shot one point blank in the face with a 9mm pistol and all it did was stun it long enough to grab a rifle.
Considering the armed attackers have guns themselves and not every shot you make is going to be a cool john wick™ shot through their eye, they may take multiple rounds and you may miss one while they're shooting back at you, yeah that's exactly when you need standard capacity magazines.
What, do you think this is for people shooting a bunch of unarmed pedestrians in a tight space with poor egress paths? Magazines are quick to reload if you aren't being actively shot at, it's trivial for them to "press button, grab other mag from wherever it was staged, slap in, charge round, and go" takes about 2sec if you're untrained, fraction of a second if you practiced in your room for a month with your gear and these fuckfaces plan their shit for months, they have the time. Look up a couple videos on reloading anything with a detachable magazine, mag bans are meaningless.
Long drawn out gunfights are just more John Wick stuff. More than 90% of self defense gun uses fire fewer than 3 shots. A gun with 6 shots is more than enough for any civilian situation.
Going into this reply with the understanding that we both know that a perfectly legal reason for firearm ownership and use in the USA is self defence.
So with that in mind, shooting isn't easy.
And people don't just stop because you shot them once, or twice.
Just take a look at the infinite examples where actually trained professionals have had to fire multiple accurate rounds to stop a threat.
The issue isn't with the weapons themselves (and contrary to your comment, belt fed weapons are no less legal to own than any other semi auto weapon) it's with the restrictions to the individuals that can own them. The checks aren't stern or thorough enough.
If you take a step out of your US centric view for a moment you'll realise that many countries in Europe have civilian gun ownership laws permitting all the same types of rifles and pistols and shotguns as the US. With all the same standard capacity magazines/optics/accessories. And yet very little to no firearm related deaths outside of organised/gang crime.
It's important to maintain perspective. You become extreme to the opposite then all it does is increase extremism and you achieve nothing.
Edit: downvotes. Cool. Where am I factually incorrect or haven't added to the conversation?
And people don’t just stop because you shot them once, or twice.
Yes and no. A lot depends on both shot placement and the firearm being used. Centerfire rifles with bullets traveling more than 2200fps (roughly; some estimates say 2800fps) will stop a person much faster than a pistol, since the temporary wound cavity becomes a permanent wound cavity. But that's going to be true for nearly any centerfire rifle, aside from old cartridges that were designed around black powder (e.g., .45-70); an AR-style rifle isn't going to be more lethal than any other fast-moving centerfire rifle cartridge, it's just a fairly lightweight and easy to use rifle compared to grandad's M-1. Pistol cartridges can stop threats as effectively as rifles, but you require better shot placement, and you generally want to have defensive (e.g. hollowpoint) ammo. (There's a reason that "failure to stop" AKA Mozambique drills are a good training tool.)
So with that in mind, shooting isn’t easy
A rifle is, for an able-bodied person, easier to shoot accurately and effectively than a pistol. Part of that is because you have a longer sight radius, and part of it is because you have a shoulder brace (...and a pistol with a shoulder brace is a short barrelled rifle, which is generally illegal without the BATF gittin' all up in yo shit). It's pretty easy, relatively speaking, to hit a target at 100y with a rifle, and very difficult with a pistol.
many countries in Europe have civilian gun ownership laws
Eh. Civilian gun ownership is difficult and expensive in many European countries. However, many European countries do have combined violent crime rates (defined as murder, robbery, forcible rape, and battery) significantly lower than the US. Violent crime, in general, is lower in Europe. So it's not just that gun crimes are less likely, but that you're also less likely to be sexually assaulted, or get jumped and beaten. There's almost certainly something different going on in social conditions that make violent crime less likely, and that would make it less likely even if European countries had gun laws that were more relaxed.
Oh mate, I thought my instance showed on my username. I'm in the regulated land of Oz so you don't need to tell me how better controls would help the situation out. Nonetheless, I'm familiar with firearms via growing up on farms and military service.
Agree with your points, but also I would love to see stats on successful use of firearms in self-defence vs homicides where victim was armed. Not raising that in a contentious way, just would be interesting to see whether mag capacity >10 is even a relevant factor in that situation. Most pistol mags would be 10-15, except revolvers of course so limiting capacity to 10 doesn't really affect the outcome unless in a ridiculous situation as I outlined previous.
If you interpret the 2nd amendment to only grant the right to keep and bear arms to members of the militia (not saying if that's a right or wrong interpretation, but that's a somewhat common argument I've seen,) there potentially is an interpretation that most women would not be included in that, because we have an actual definition of what constitutes the militia of the United States.
10 USC Ch. 12: THE MILITIA
§246. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
Section 313 of title 32 basically extends the age to 65 for former members of the regular army/navy/Marines/air force
So more or less, it would apply to members of the national guard (which includes some women) and all able-bodied men ages 17-45 (65 for former military,) and some states have laws defining a state militia that may or may not come into play.
Such an interpretation would also mean a whole lot of older men or anyone who isn't able-bodied also wouldn't be covered by the 2nd amendment.
I'm no legal scholar, I don't know if that interpretation would hold any water under scrutiny, but the same could be said for a lot of laws that we're stuck with.
And again, I'm not saying that it is or isn't a good interpretation, it isn't my interpretation, but it's one that someone could potentially come up with from reading the laws as written.
Like slavery, but not bodily autonomy or the right to representative government or the right to not be discriminated against, or the right against infringement of property rights or ...
You mean REGULATING guns or gun magazines violates the well REGULATED militia of the constitution?
Are the caps enough for you or do I need to spell it out?
Lots of great comments and debate here. Love it. But let me address mag bans specifically. They're a silly feel-good measure, at best.
If you tell me a capacity ban will save lives, I have to ask, have you ever swapped a magazine, of any sort? Hell, I'm actually more on target with my 10-round AR mags. Give's me 4 seconds to breathe, reset myself. The standard 30-round mag is physically and mentally wearing.
If for no other reason, the idea is childish thinking. Who believes the bad guys, the people they wish to restrict, will just shrug their shoulders and say, "OK."?
Besides, many LEOs, even sheriffs, have said they won't enforce such a ban. Well... probably not on white people. (Oh look, another racist gun law. Who knew?)
And even if one still thinks they're a great idea, how will you stop me from getting one from another state? It's a box with a spring in it, they're stupid cheap and plentiful. LOL, in the runup to the Oregan ban there were 100 people posting pics of their full crates in my liberal gun owners' group.
And perhaps worst of all, this annoys single-issue voters that would otherwise vote Democrat and gives ammo (heh) to conservatives. "SEE! They coming for your guns!" This hill worth dying on to lose elections to the GOP?
It seems that you are saying simultaneously that this is a very weak measure, and also it is a strong enough measure to upset people.
So then, we have a problem. Something must be done, but even this very small step gets blocked, fought against, and has individuals such as yourself encouraging others to not support it.
You've said that it could be used as 'ammo' against Democrats, to say that "They are coming for your guns." But couldn't you also say that its the opposite? Like, if someone is worried that "they" are going to take guns away, maybe that person could be placated by knowing that this near-nothing step is what is actually being asked for. It isn't taking guns away. It's a step that, as you say, won't make a lot of difference anyway. So can't that help reduce fear of change?
From my point of view, something must change. Some people propose big changes, some propose small changes. And both meet resistance. I suggest that if you also want change, then it's probably best to support even small changes without worrying about someone else might get upset that a change was attempted at all.
It seems that you are saying simultaneously that this is a very weak measure, and also it is a strong enough measure to upset people.
Rather, the very nature of arbitrary restrictions - for absolutely no gain - is quite enough to upset people.
So then, we have a problem. Something must be done, but even this very small step gets blocked, fought against, and has individuals such as yourself encouraging others to not support it.
You’ve said that it could be used as ‘ammo’ against Democrats, to say that “They are coming for your guns.” But couldn’t you also say that its the opposite? Like, if someone is worried that “they” are going to take guns away, maybe that person could be placated by knowing that this near-nothing step is what is actually being asked for. It isn’t taking guns away. It’s a step that, as you say, won’t make a lot of difference anyway. So can’t that help reduce fear of change?
Given these measures are well-understood as entirely ineffective yet pushed for, it is similarly well-understood there will be further restrictions as nothing will change with the identified problem - how could it, given the measures aren't in any way an addressing of those issues? Thus, we're left with a road to bans via incrementalism.
I would imagine after Roe v. Wade's pivot, you'd understand how relying on but SCOTUS isn't sound strategy - one must, instead, reject politicians pushing for such arbitrary, unhelpful measures rather than enabling the incompetence and erosion.
From my point of view, something must change. Some people propose big changes, some propose small changes. And both meet resistance. I suggest that if you also want change, then it’s probably best to support even small changes without worrying about someone else might get upset that a change was attempted at all.
It would be fair to say politicians are proposing changes; they're unfortunately proposing the wrong ones - neither party is currently willing to consider anything outside their respective side of the wedge issue.
It's a short sighted argument to say baddies don't follow the rules so your only restricting honest people.
In Australia assault rifles and automatics are just outright banned. You need a licence to own any type of gun, which takes 6 months waiting for background checks to be done. Guns must be kept in Safes etc.
So whilst a baddie might want to get an assault rifle and go on a kill rampage he can't. There just aren't any around. You can't break in to a house and steal one.
Can organised crime get them? Sure. But that's not what this is trying to stop. It's preventing the impulsive bat shit crazy person going on a rampage.
It absolutely helps, as proven by Australias lack of mass shootings.
magazines are easy to return to 30/30 from a 10/30
only affects law abiding citizens while criminals ignore the law
background checks and waiting period should be automatic in the US to purchase. Period.
Guns should be registered.
As a gun owner I in my opinion think that we should have sensible laws for firearms. Do we need fully auto firearms? No not really. Are semi auto rifles a great tool for people in the country side? Sure I understand they have different dangers compare to city folks. For people that saw they should charge high taxes to own guns. Look at Mexico it ain't helping no one and makes it that the wealthy folks can afford firearms.
Oh and if we do register firearms and your gun is found in the black market without you notifying that your firearm was stolen that should be a red flag. It's an easy market to sell firearms when you buy from lax law states and they end up in Mexico.
Lastly I know this is a stretch, but the US should be checking vehicles going to Mexico. Interesting that we only check coming back but not going. Firearms trafficking would be significantly reduced if we started checking.
Last last thing, if you have kids and own a firearm and don't secure it, a big fuck you. Putting kids in danger, you fuckin cucks.
Sure, but it's not really about need and there's nothing meaningfully different about them.
Guns should be registered.
You're going to see much resistance to the notion of the state owning a registry of every individual owning a firearm and what they own. Allow for the concept of a paper trail of transfers especially where private-party transfers are legal, allow those to request NICS checks, and you'll probably be set.
Lastly I know this is a stretch, but the US should be checking vehicles going to Mexico. Interesting that we only check coming back but not going. Firearms trafficking would be significantly reduced if we started checking.
Alternatively, we could address the root of the problem: Between 70 to 90 percent of guns recovered at crime scenes in Mexico can be traced back to the U.S. Drug cartels - there are policy changes we could enact to defang drug cartels while also helping enable addicts to seek the support they need.
Which is why I said need, not really. I am not saying to banned them either. We don't need a lot of things in life, but doesn't mean we don't want them. Which also goes back to country folks having different needs compared to city folks. I get that there's going to be a lot of resistance against it, there will always be resistance in everything.
Yes I believe that manufacturers have a responsibility especially when they are making narco like firearms to cater to that kind of life. (Talking about all those gold, diamond, and graphic firearms.) (No I'm not talking about the laser ingrave grips LARPS want to get.)
From reading your article, wouldn't the serial registration also help prevent US drug cartels from spamming mexico with ghost guns, which could be traced back to crime organizations? Wouldn't that dammed one of the toxic rivers and help bring attention too other rivers?
It isn't. Right now it's very difficult to tell the difference between a law abiding gun owner and a criminal gun owner. In the 'defense' scenario, they are literally pitted against one another.
I can turn my AR-15 into a short barrelled rifle (which is only legal after a very lengthy and intrusive federal process) by simply screwing a new barrel on. If you don't care about the law, the barrier to doing it is tiny. That's what we mean when we say it only affects people operating in good faith with the law. It's so easy to bypass that it's questionable if we should bother.
only affects law abiding citizens while criminals ignore the law
More or less accurate.
background checks and waiting period should be automatic in the US to purchase. Period.
Hard no. Background checks for guns? Sure. Waiting period? No. Absolutely not. Let me tell my stalked to just wait three weeks, 'kay? Cool? Cool.
Guns should be registered.
Absolutely not. We've already seen state governments trying to pass illegal bans (i.e., California). These are being overturned by courts now. If you have a registry, the net effect is that the state gov't can pass a law, confiscate your now-illegal firearms, and then--once the law is thrown out--you've still lost your firearms.
Agree, in general, about handling the black market sales to Mexico. However, that should be the job of the Mexican border patrol; they should be the ones controlling what's coming in, rather than the US controlling what's going out (except in the case of ITAR items). And yeah, we should get serious about prosecuting straw purchasers, since right now that's usually not even a slap on the wrist.
Hard no. Background checks for guns? Sure. Waiting period? No. Absolutely not. Let me tell my stalked to just wait three weeks, 'kay? Cool? Cool.
For this, if you have a stalker and you know this which is why you are trying to buy a firearm, there could exceptions. Police report needed to show the reason for protections. Emergency restrain orders could be another reason for the exception.
Absolutely not. We've already seen state governments trying to pass illegal bans (i.e., California). These are being overturned by courts now. If you have a registry, the net effect is that the state gov't can pass a law, confiscate your now-illegal firearms, and then--once the law is thrown out--you've still lost your firearms.
Should be added to the law. If for whatever reason that gun that was legal and becomes illegal, government should pay double the retail price when bought to the owner. If over turned, there should be a automatic availability to buy the firearm with no waiting period for the person that previously had it.
Proud gun owner here. I'd like to see a more proactive approach to gun registration and some sort of yearly inspections for "assault rifles" - just to appease the ones that don't know anything about guns. Kinda like how you would get "tags" on a car, if that makes sense.
However, we should be able to own fully automatic firearms and silencers/suppressors, muzzle breaks and other "evil" attachments and modifications if the previously mentioned system is in place. The more capable and dangerous the machine, the more tests and certifications you'll need to legally own them. AND we should have special firing ranges for these types of guns. Obviously this is not a realistic goal I'm *in this current system but I just want a MP5 :'(
Proud gun owner here. I’d like to see a more proactive approach to gun registration and some sort of yearly inspections for “assault rifles” - just to appease the ones that don’t know anything about guns. Kinda like how you would get “tags” on a car, if that makes sense.
Hard pass. I have zero interest in the state having constant, perfect awareness of who is armed with what. This is not information they need to have, and in an era where law enforcement is constantly making headlines for abuses of power, this is information they should not have.
Let's consider a different extreme: I would counter that the best way to appease those who don't know anything about firearms would be education; we should instead have yearly mandatory classes on firearms, safety, and proficient operation thereof. Remove the mystery and it's much harder to be scared of scary black rifle.
However, we should be able to own fully automatic firearms and silencers/suppressors, muzzle breaks and other “evil” attachments and modifications if the previously mentioned system is in place. The more capable and dangerous the machine, the more tests and certifications you’ll need to legally own them.
I would be happy with a compromise position for select-fire so long as suppressors, SBRs, SBSs, etc. are fully-deregulated; I would instead suggest we implement the majority of what has been identified as actually addressing mass violence as the compromise point and require equitable shall-issue training and certification for select-fire. This is also what I've been suggesting blue team take up as a policy jiu-jitsu reversal for nearly a decade.
I'm all for it. Serial# attachment and register it to the person that will own it. Again if that attachment is found in the black market or with someone that is not suppose to have it, red flag and background check the original owner. We are more reactionary than preventives which is counterproductive when it comes to safety.
You bought a firearm? Show that you can handle it and clear it responsively. Don't know how to handle one? Go take a day at a firing range and familiarize yourself and get certified. This will also remove any doubt of "mishandling" discharge.
Did you read that carefully? The comment says the US should not allow the lawful trafficking of American registered guns into Mexico. I don't think the second amendment protects Mexican cartels, tbh.
Well I think the best legislation is just heavy background checks and checkups on gun owners. Yes, you could introduce laws like this where people can just get around it or actually go deep down the the fundamental issue, which is why these mass shooters are mass shooters. Background checks and psychiatric tests are the way to go. Guns shouldn't and can't be illegal, make sure gun owning individuals are sound of mind enough to own them.
The article is an interview with two professors, Jillian Peterson and James Densley, who have conducted a comprehensive study on mass shooters in the US. They have created a database of every mass shooter since 1966 and interviewed some of them, as well as their families and friends. They have also talked to people who planned a mass shooting but changed their mind.
The main findings of their research are:
Mass shooters share four common traits: childhood trauma, social isolation, suicidal thoughts and access to firearms.
Mass shooters often have a crisis point that triggers their violent behavior, such as a breakup, a job loss or a humiliation.
Mass shooters are not born evil or mentally ill, but rather they are shaped by their life experiences and circumstances.
Mass shooters can be prevented if they are identified and treated early, before they reach the point of no return.
The article also discusses the challenges and implications of their research, such as:
The need for more funding and political will to address the root causes of mass shootings, such as mental health, social support and gun control.
The importance of changing the narrative and language around mass shooters, such as avoiding terms like "monster" or "lone wolf" that dehumanize them and obscure their motives.
The role of the media and the public in reducing the glorification and copycat effect of mass shootings, such as not naming the shooter or showing their manifesto.
The potential for using their database and methodology to study other forms of violence, such as domestic terrorism or hate crimes.
No thank you. You're asking the US government to do that? Practically, this would get sourced to your local police department and weaponized against minorities.
Well that sounds like it would be a drastic change from the status quo /s
And anyway, CA just passed a bill to do exactly that (psychiatric commitment solely through the criminal justice system) but for any crime. It's supposed to address homelessness (?) but that kind of power will get fucked up and out of control really fast. It's like they got it backwards. God forbid they address the people with the literal murder weapons. No. Let's go punish the people without rent bills and mortgages. That makes perfect sense.
I can't see any way that this could possibly go wrong, not ever. /s
Let's look at this on multiple fronts.
First, who is going to pay for that? Are you going to require people to pay for the ability to exercise their constitutionally-guaranteed rights? What other rights would you say that people should need to pay for in order to be able to use them?
Second, what criteria would you use to determine if someone is "fit"? A criminal background check is objective; wither you've been convicted of a crime or you haven't. A psychiatric test is about an indeterminate future, an even that hasn't happened yet. How are you going to guarantee that only people who will create a crime are being prevented from having rights, and not any other people?
Third, how do you distinguish between a protected political opinion ("the bourgeoisie need to be violently overthrown through force of arms by the proletariat") and beliefs that have no rational basis in protected political speech ("pedophile Jews are killing people with space lasers, therefore I need to murder everyone at Lollapalooza")? Given that involuntary commitment is already a disqualifying factor for owning a firearm, how is your proposal meaningfully different unless you are arguing that many people should not be permitted to exercise their protected rights because they might act in a criminal way at some indeterminate point in the future?
This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.
Tell us how a capacity ban makes us safer and should be upheld by the courts. Caveat: I'm a liberal and a gun owner who is well versed in firearms. I doubt you'll like my rebuttals, but I always hope to learn something new by these discussions.
I mean.. if you really cared, its a few hour drive to a state where you can legally buy them. Its not a large burden, and could be done in an afternoon.
Edit: i like the downvotes this comment gets, as if its some sort of morality claim. Its just a fact. Im not personally pro gun, however i dont think the solution is an easy all guns are bad all the time. Its a very complex issue in america.
However, i am very against political theater, California isnt going to to fix gun problems unless they can outlaw handguns, which are used in more than 90% of all gun related crimes. Just like they arnt going to fix water shortages by stopping people watering their lawns or washing cars when around 95% or the water usage is corporations.
not only this, but lets be honest here, it does absolutely nothing to reduce the lethality of firearms. Even if an active shooter abides it; most people who've spent a modicum of time practicing can drop and replace a magazine inside of a second or two.
Also, as Upgrayedd noted... you can drive a couple hours to arizona to get them. Or, just make your own mags. it's not hard.
I'm all for effective gun control laws... but this ain't it.
Presented to the founding father's in 1792 by its civilian inventor. 224 round capacity. Fully automatic.
The founding father's not only KNEW about high cap autos, they are even confirmed to have seen in action this fully automatic ultra high capacity gun, and they had absolutely no problem with a civilian owning and making them.
Before anyone tries to argue if the 2A covers bullet capacity, let me introduce you to the chambers gun
This isn’t the gotcha you think it is. The only thing the 2nd amendment covers is “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.”
Your argument that bullet capacity is covered is as valid as another’s argument that it’s not because it’s not explicitly stated, so it’s left to interpretation.
This law is dumb and doesn’t seem likely to actually do anything to curb gun violence.
However, if someone would like to own a Chambers gun or any other firearm that existed in 1791 when the amendment was ratified then they should be allowed to without restriction, including felons, children, people with mental health issues, illegal drug users etc. This is what the 2nd amendment guarantees in context
That context is important though. 230 years ago the most common weapons owned and available to the people were muskets and flintlock pistols. Single shot, muzzle loading weapons.
Let’s also not forget that James Madison redrafted the Second Amendment into its current form "for the specific purpose of assuring the Southern states, and particularly his constituents in Virginia, that the federal government would not undermine their security against slave insurrection by disarming the militia.”
It is incredibly easy in modern times in the US to be able to access firearms capable of dealing significantly greater death and harm than in 1791. It’s fair to argue that, in current context, the intent of the 2nd amendment would not protect magazine capacity. In fact the case that defined bearable arms, District of Columbia v. Heller, leaves much to debate about whether a magazine constitutes a “bearable arm”.
This isn’t the gotcha you think it is. The only thing the 2nd amendment covers is “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.”
Your argument that bullet capacity is covered is as valid as another’s argument that it’s not because it’s not explicitly stated, so it’s left to interpretation.
However, if someone would like to own a Chambers gun or any other firearm that existed in 1791 when the amendment was ratified then they should be allowed to without restriction, including felons, children, people with mental health issues, illegal drug users etc. This is what the 2nd amendment guarantees in context
That depends quite a bit on whether or not there were historical analogues, though it's fair to say that felons and "illegal" drug users e.g. marijuana are trending toward correcting.
That context is important though. 230 years ago the most common weapons owned and available to the people were muskets and flintlock pistols. Single shot, muzzle loading weapons.
... with complete technological parity with the standing armed forces of the time, in context.
Let’s also not forget that James Madison redrafted the Second Amendment into its current form "for the specific purpose of assuring the Southern states, and particularly his constituents in Virginia, that the federal government would not undermine their security against slave insurrection by disarming the militia.”
It is incredibly easy in modern times in the US to be able to access firearms capable of dealing significantly greater death and harm than in 1791. It’s fair to argue that, in current context, the intent of the 2nd amendment would not protect magazine capacity. In fact the case that defined bearable arms, District of Columbia v. Heller, leaves much to debate about whether a magazine constitutes a “bearable arm”.
And in the post-Bruen world, there's much less room for debate, especially for arbitrary and capricious restrictions on a right.
“There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez wrote. “Yet, under this statute, the State says ‘too bad.’”
I'm sorry, but if ten shots don't make your attackers run away, you're pretty fucked.
I was gonna throw in some sarcastic humor, but it keeps coming out very dark, so I'm withholding that. This sucks.
I've seen video of a small lady with a handgun chasing out four home intruders while taking wild, panicked shots. Yes, these guys ran, but not everyone will. Two and a half shots per intruder doesn't sound like a fun time.
Yeah, well, sometimes your home is invaded and you get killed in your sleep. Shit happens. A gun isn't going to stop that. You're way more likely to use it to shoot yourself anyway.
The same way we allow cops to arrest people and transport them into a police station for booking. There are exceptions to rules. Does that not make sense to you?
Attackers do not always run away when presented with lethal force. Sometimes many direct hits are required to stop the threat. Many, many shots can end up in non-critical locations. It's not like an attacker is allowing you to line up nicely.
PCP. Angel dust will turn someone into a borderline unkillable god. Unless you drive all 10 of those shots into their chest instantly there's a good chance you're fucked.
Edit: Crazy how the dude above me is positive for saying the same thing I am.
There’s no right to magazine sizes. They have a right to guns.
The 2nd Amendment specifies "the right of the people to keep and bear arms". I would argue that to be able to functionally "bear arms", one must be able to be in possession of the means to operate those arms.
Give ‘em a bolt action with a 3+1 magazine. Still have a gun, right?
The 2nd Amendment does not say "the right of the people to keep and bear bolt-action rifles, shall not be infringed". Instead, it states "the right of the people to keep and bear arms, shall not be infringed.".
But this already isn't true. Even if I could afford it, I can't buy an F16, anthrax or a nuclear warhead. So, isn't this just about where the line is being drawn? The line itself both already exists and doesn't seem to be contested.
Every constitutional right has limits. There is no legal use of a gun that requires a gun capable of holding more than 6 rounds. More than 90% of self defense situations end with only 2-3 shots being fired. Long, drawn out gun fights with both sides firing 20-30 rounds simply don't happen in self defense situations. It's just a fiction from movies. You certainly don't need that many rounds to bring down a deer. What high capacity firearms do allow is criminals to maximize the damage they do in a short period of time.
The problem is that you're arguing that from a position of valuing keeping your toys that go pew pew real loud and real fast over valuing the general public safe, though.
So give them access to those, and none other. So their 2nd amendment isn't infringed and the real deadly guns aren't being sold on the black market anymore.
This is false. The Chambers gun, the Girandoni air rifle, and other "high capacity" repeating arms existed and were known to the framers of the Constitution.
The 2nd Amendment doesn't specify any limitation on which arms it covers. Any weapon of any kind technically cannot be restricted because of the 2nd Amendment.
I have no doubt you are well trained and safety conscious. Despite living in a none right to bear arms country I've also had some training on safe handling of firearms through cadets. I think we agree that safety training for handling firearms is a good thing.
However this obviously isn't a mandatory requirement in the states as evidenced by the number of children who have been killed because firearms have not been securely stored. The US does seem unwilling to have any regulation to improve firearm safety lest it be seen as an infringement on a universal "right".
You can fire the next bullet in a mag magnitudes faster than you can fire the first bullet in the next mag. Not only drastically lowering the rate a gunman can kill, but dissuading it in the first place
do you think Lemmy is exclusively populated with Americans? There's a whole wide world out there you know, where much stricter gun laws are common and accepted across the political spectrum, do not assume anyone's political leaning just because they're against every Joe Schmoe packing heat
If I had a genie where I can magically wish guns away, I'd do it.
But right now, armed Nazi fucks parade around the city, PROTECTED BY COPS, and they want to pass laws that make it harder for my brown hands to protect myself?
He complains openly, unable to cope with seeing how things are.
I'm not sure how highlighting a problematic shift in discourse and contained cope or expressing incredulity at the shift is, somehow, an inability to cope with seeing how things are - if anything, it would be quite specifically seeing how things are and beginning discourse about how things are.
But hey - don't let that get in the way of an attempted dunk.
Conservatives have won the popular vote for a presidential election exactly once since 2000, and it was Bush in 2004. They are, by definition, unpopular. Accordingly, you can expect that in open forums the conversation will skew against Republicans. You don't get to enjoy minority rule and popular opinion at the same time, sorry. If you're tired of being the minority in every space, perhaps you should consider trying to win people over. Here's a good start: https://news.gallup.com/poll/1645/guns.aspx
The majority want stricter gun laws. If you don't want to be derided, I suggest trying to meet people in the middle and discussing sensible gun control laws. Raising the legal ownership age to 21 seems like an extremely popular measure that the majority of Republicans even support.
Or you can go ahead and keep coping and whining about conservatism not being popular without an ounce of self awareness. Your choice. I suggest trying to be part of the solution instead of trying to stop the inevitable.
Conservatives have won the popular vote for a presidential election exactly once since 2000, and it was Bush in 2004. They are, by definition, unpopular. Accordingly, you can expect that in open forums the conversation will skew against Republicans. You don’t get to enjoy minority rule and popular opinion at the same time, sorry. If you’re tired of being the minority in every space, perhaps you should consider trying to win people over. Here’s a good start: https://news.gallup.com/poll/1645/guns.aspx
So, in your estimation, does Congress just... not exist? Does it have zero relevance to the United States, e.g. in legislation? As far as I'm aware, they're popular enough to have control of at least one of the houses of Congress at the moment - and that's even leaving aside Governors and other elected positions.
Setting that aside, you you believe forums - especially niche forums - are in any way a sample set indicative of the general population? There's, say, no selection bias at all?
Interesting.
By your own rationale, you should consider the extent to which you should consider trying to win people over e.g. so as to address the incredible skew toward Republicans in current elected positions.
The majority want stricter gun laws. If you don’t want to be derided, I suggest trying to meet people in the middle and discussing sensible gun control laws. Raising the legal ownership age to 21 seems like an extremely popular measure that the majority of Republicans even support.
Is that so? I'm interested in seeing your support for such a notion.
If we're going by your Gallup poll, the best to be said is 57% of the population perceives current legislation as benefitting from laws which would be more strict and 44% of the population disagrees. That 12% delta doesn't seem to be the silver bullet, so to speak, that you believe it is. But, for the sake of argument, let's pretend it was - If a blue team candidate doesn't push a given restrictive position, do you believe blue team voters would... suddenly vote for red? Conversely, if a blue team candidate doesn't push a given restrictive position... do you believe there are zero independents who would consider them more palatable?
We have a fantastic data point on this - in Iowa's 2022 elections, in a state with a roughly three-way split between Republicans, Democrats, and Independents, Iowa codified a strict scrutiny clause for the right to bear arms in its state constitution with an unprecedented ~66% 'yay' rate. Similarly, the Republican candidate - Kim Reynolds - won with ~58% of the vote against a Democratic candidate pushing more restrictions. Clearly, Iowa's Democrats are in need of considering trying to win people over - by data. I realize it's mere anecdote, but the general responses when asked about voter apathy or active rejection of blue candidates are due to such restrictions not sufficiently balanced by bringing anything to the table.
Or you can go ahead and keep coping and whining about conservatism not being popular without an ounce of self awareness. Your choice. I suggest trying to be part of the solution instead of trying to stop the inevitable.
I find your without an ounce of self-awareness criticism rather laughable, all things considered. You seem to believe yourself part of the solution and inevitable - much like Agent Smith, funnily enough - for no reason other than your own apparent smug.
Congratulations - you may not have intended to do so, but you embody the detrimental effect of such a liberal attitude on constructive discourse.
Only rich people should be allowed to shoot up malls and schools. If you only use them in self defense, bullets are worth a grand each. This is an plutocracy, and such delights of mass murder should not belong to the common man.
No only responsible gun owners deserve the right. Responsibility means underwriting yourself or with an insurer the cost of the risks posed by your toys.
I wish you the best of luck with that. Poor taxes were the strategy behind the NFA - its incredible unpopularity guarantees it won't make it through either branch of Congress let alone both.
What a brilliantly uneducated idea. Thanks for turning my hunting season into a 3k dollar minimum adventure instead of a cheap way for me to put food on my table.
Says the guy who is vastly unaware of how many responsibly armed citizens they cross paths with on a daily basis, and who have demonstrably prevented mass shootings. You have no idea the hidden safety net you live under and yet you want it destroyed because of the few bad actors.
And just in case you're looking for your "good guys with a gun," they're all standing outside of a school, waiting and shitting their pants. It's pathetic.
Yup. Yes. A few bad actors spoiled it for the rest of you. Waa waa waa...grow up. Y'all can't figure out if guns are a hobby or a necessity, but you seem to always fall back on both points pretty quickly. It's sad that your "interests" seem to threaten our very existence, yet you feel like you have some inalienable right to kill others. It's extremely sad and disappointing. I suggest you grow up and find other ways to entertain yourself.
Neither gun owners nor conservatives have bloodlust. What we do have is disdain for laws that don't actually help the problem but just punish gun owners.
Take this 10 round magazine law. You know what is the difference between a 10-round mag and a larger one? A little rivet pin that stops you from putting in an 11th cartridge. Anyone with a cordless drill can remove the rivet and turn their 10-round mag into a bigger one. Anyone with a 3d printer can make a larger magazine. A magazine is just a box with a spring and some plastic bits. Making it longer is not rocket science.
The threat of 'drilling this rivet is a felony' does not stop someone who wants to commit mass murder. This law does not stop murderers or save lives. It just makes life harder for gun owners, as the pinned magazine is much harder to clean.
I'll also remind you that the guy who shot up VA tech had a .22 pistol (pretty much the least powerful gun you can buy) and a backpack full of 10-round magazines. He complied with the law and it didn't slow him down.
So stop accusing people of having bloodlust, and ask why they don't support the law that seems obvious to you. You might learn something.
This is the land of the free. There shouldnt be an "unless...". If you have a problem with freedom maybe you should find a different country instead of complaining that you have too many rights.
Leftists have guns too, and I know a lot of democrats that have them as well. Magazine laws do nothing to protect people or prevent harm, anyone skilled enough can drop an empty magazine and reinsert a full one in the blink of an eye.
Oh, wow - I'll have to let my hunting group know our AR-15s chambered in .350 Legend complete with standard magazines just aren't any good for deer because this rando on the Internet said so.
Lol no they are not. They're just plastic rifles, they function the same as any other semi-auto rifle. Lol you anti-2a people are hilarious, you're so ignorant of firearms and even statistics you end up looking like those idiots who want to ban abortion.
Actually "self defense" also falls under that umbrella.
Honestly, for mass shootings, you don't need the standard capacity mags because you can reload quickly when you don't have the pressure of return fire. I'd argue you don't need them for mass shootings but do for self defense against armed targets. Also hog hunting, idpa, uspsa, etc.