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

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

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

  • @[email protected]
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    1661 year ago

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

      • @[email protected]
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        1 year ago

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

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

        • BaroqueInMind
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          601 year ago

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

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

          • @[email protected]
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            381 year ago

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

          • Frog-Brawler
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            1 year ago

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

          • @[email protected]
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            111 year ago

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

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

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

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

        • Alto
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          91 year ago

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

        • TonyStew
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          1 year ago

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

          • @[email protected]
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            171 year ago

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

            • TonyStew
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              1 year ago

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

          • Flying Squid
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            1 year ago

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

      • @[email protected]
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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.

        • @[email protected]
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          91 year ago

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

          • @[email protected]
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            1 year ago

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

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

              • @[email protected]
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                141 year ago

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

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

                Firearm Owners Protection Act (FOPA)

                Federal Assault Weapons Ban (FAWB)

      • @[email protected]
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        261 year ago

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

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

        • @[email protected]
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          1 year ago

          We have well-regulated militias.

          They’re called the National fucking Guard.

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

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

          • @[email protected]
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            1 year ago

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

              • @[email protected]
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                51 year ago

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

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

                • @[email protected]
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                  11 year ago

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

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

          • @[email protected]
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            71 year ago

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

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

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

          • be_excellent_to_each_other
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            71 year ago

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

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

            • @[email protected]
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              41 year ago

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

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

              • be_excellent_to_each_other
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                31 year ago

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

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

        • @[email protected]
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          1 year ago

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

            • @[email protected]
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              51 year ago

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

      • @[email protected]
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        261 year ago

        Arms. Not guns.

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

      • @[email protected]
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        211 year ago

        It says state constitution.

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

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

      • Pennomi
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        201 year ago

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

            • @[email protected]
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              81 year ago

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

                • @[email protected]
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                  51 year ago

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

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

              • @[email protected]
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                1 year ago

                Got it. So as long as I can carry it, I should never need a permit. RPGs? Stinger missiles? Or does it have to use bullets?

                And can you give me any logical reason to make that distinction other than “those are the words in the Constitution”?

      • @[email protected]
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        191 year ago

        A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

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

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

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

          • @[email protected]
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            81 year ago

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

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

              • @[email protected]
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                31 year ago

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

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

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

          • @[email protected]
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            71 year ago

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

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

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

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

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

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

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

              • @[email protected]
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                1 year ago

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

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

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

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

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

      • Brokkr
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        161 year ago

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

          • @[email protected]
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            101 year ago

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

      • @[email protected]
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        101 year ago

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

      • @[email protected]
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        81 year ago

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

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

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

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

      • @[email protected]
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        101 year ago

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

  • @[email protected]
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    541 year ago

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

  • @[email protected]
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    451 year ago

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

  • @[email protected]
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    321 year ago

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

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

    • @[email protected]OP
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      191 year ago

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

      • @[email protected]
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        111 year ago

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

        • Ð Greıt Þu̇mpkin
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          51 year ago

          That’s why you have to keep voting.

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

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

          • @[email protected]
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            51 year ago

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

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

          • @[email protected]
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            81 year ago

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

          • @[email protected]
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            51 year ago

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

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

            But hey, Hilary wasn’t “inspiring.”

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

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

  • @[email protected]
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    301 year ago

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

  • @[email protected]
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    281 year ago

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

    • @[email protected]
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      51 year ago

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

      • @[email protected]
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        31 year ago

        the result of that would be the national guard

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

        • @[email protected]
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          41 year ago

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

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

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

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

          • @[email protected]
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            41 year ago

            marketing campaign by the gun lobby to sell bullshit

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

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

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

            “The pig”

            It’s pig. Not “pig”.

            including outright assassinations.

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

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

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

            • @[email protected]
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              41 year ago

              Lmao you’d lose any war you fought.

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

              • @[email protected]
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                21 year ago

                be safe from state violence

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

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

            • @[email protected]
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              11 year ago

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

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

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

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

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

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

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

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

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

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

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

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

              • @[email protected]
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                11 year ago

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

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

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

                • @[email protected]
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                  11 year ago

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

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

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

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

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

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

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

    • @[email protected]
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      41 year ago

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

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

    • @[email protected]
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      11 year ago

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

  • Alien Nathan Edward
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    251 year ago

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

    • @[email protected]
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      161 year ago

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

        • @[email protected]
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          31 year ago

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

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

            • Ooops
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              61 year ago

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

            • bedrooms
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              61 year ago

              On the other hand, it only takes 5 judges to reinterpret the constitution…

    • be_excellent_to_each_other
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      21 year ago

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

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

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

        • be_excellent_to_each_other
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          21 year ago

          I didn’t say it was.

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

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

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

            • be_excellent_to_each_other
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              21 year ago

              So what about the rest of my comment?

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

                • be_excellent_to_each_other
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                  21 year ago

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

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

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

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

  • @[email protected]
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    171 year ago

    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.”

    • TonyStew
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      1 year ago

      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.

      • @[email protected]
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        31 year ago

        I’m sorry but you don’t know what you’re talking about. I feel bad life experiences have led you to feel the way you do but you simply don’t know the truth. I can over another example of calling 911, being placed on hold for 15 minutes, bounced around dispatch centers three times and then finally connected to the correct one and then waiting on scene of a fentanyl overdose for 45 minutes because the nearest available officer, again in a major city, was the only one who could respond.

        These are the decisions of people voting to cut funding. This has nothing to do with police unions, who are funded directly out of the police officers paychecks by the way. If you’d like to discuss police reform, which this country does need, I’d be happy to do that on another forum but this discussion is about gun control. My point with mentioning the police was that we as private citizens are facing fewer and fewer options to protect ourselves. Thank you for your perspective.

        • TonyStew
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          31 year ago

          911 funding is a convoluted mess between municipalities and states that’s separate from “funding for law enforcement” and HAS been woefully under budgeted, especially as systems need upgrading.

          Calling cops to an overdose instead of EMS is part of the fucking problem.

          • @[email protected]
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            21 year ago

            Thank you for the vulgarities to express your point. I can assure you I am better versed in the world of first responders. My point is that the city in which I live is so understaffed on police that there was nobody to respond to provide cover for Fire and EMS to conduct their duties for the overdosing individual.

    • be_excellent_to_each_other
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      91 year ago

      You might have had some decent points, but I’m not going to try an adult discussion with anyone who already talks to me like this before the discussion has even begun:

      Gun control gud, me vote fast for boom boom pow ban.”

      So for my slow friends out there

      Again for my slow friends

      • @[email protected]
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        51 year ago

        That’s your choice. But when it comes to gun control, opposition typically approaches it in an adolescent manner. I’d be happy to hear your point of view and refrain from attacks on your intelligence, but I’d like to see fact based logic like I presented instead of fear based thinking like 99% of the posts on here. Most people read the article title and refused to research further. That’s the point I was proving. People need to think about critical issues before sounding off and impacting lives. Whether it be attacking our pro choice rights, telling someone they can’t marry who they love, or limiting what can be read in a school. Ignorance and fear govern the decisions of the masses.

        • be_excellent_to_each_other
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          71 year ago

          I’d be happy to hear your point of view and refrain from attacks on your intelligence

          Given that you pre-emptively attacked it, I doubt that very much. I’ll save that conversation for someone else.

          Good Day, Sir or Madam.

    • [email protected]
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      1 year ago

      like going to a car dealership, wanting to buy a sedan, having to present to them your state mandated document saying you have taken a class and passed, received a permit to be at the dealership looking at cars, before you can even test drive

      I’m not agreeing or disagreeing as I haven’t read M114.
      I don’t live in Oregon, but I’m pretty sure dealerships don’t let you drive off without a driver’s license?

      • @[email protected]
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        101 year ago

        I do live in Oregon and have a nearby dealership with a giant sign that says, “no license needed.” And there is no requirement to have a license to buy a car in any state that I’ve lived in.

          • @[email protected]
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            51 year ago

            If you drive the car onto public roads you would then be breaking the law and most likely you would have trouble applying for plates for the car. Traffic enforcement here isn’t exactly on top of anything. If you wanted the car delivered to your home or any private property it would be perfectly legal. Based on the number of unplated vehicles and frequency of uninsured motorist incidents here, I’d be a bit shocked if any enforcement occurred.

            • [email protected]
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              21 year ago

              Thanks for your time and info.

              Around here, all dealerships require you show them a drivers licence and proof of insurance before you can drive off.
              You could buy it and have it delivered without one though.

              That makes more sense to me than expecting traffic cops to even find let alone enforce after the fact.
              TBH, I never thought much about it and kinda assumed it was universal.

              • @[email protected]
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                11 year ago

                Nothing says that the owner/buyer of a car has to be the one who drives it. You could buy a car and have someone else drive you around. Or just buy one for someone else to use—for example a parent who doesn’t drive could buy a car for their child who has a license. Or vice-versa. Either way there is no reason for the buyer to need a license.

    • Xhieron
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      81 year ago

      Gonna need some sources on those home invasion stats. I have no horse in this race–it’s not my state–but anybody who says it takes more than ten shots to stop an attacker is going to have to show me something to bulk up their credibility. I’m not going to just take your word on that. Even assuming the stat were technically true, if you can’t stop a home intruder in ten shots, the magazine isn’t the problem.

      Also the car dealership analogy doesn’t hold up, as, in fact, you must show proof that you have passed a legally required test before you will be allowed to test drive a car. It’s not an outrageous requirement.

      Finally, in what universe is a 30 round AR specifically designed for personal defense?

      • @[email protected]
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        11 year ago

        You obviously don’t understand firearms and this is not the place to educate you on them. I am proud of you for questioning stats on the internet, now go and research them for yourself. Use medical journals as your sources. Or university studies. Wikipedia, Tik Tok and the likes don’t count.

        As far as the car dealership analogy you’ve missed the point. To even begin the conversation you have to have an extra certification. I’m not talking about your driver’s license. And again I am pro gun control.

        As for the AR’s 30 round mag. Research, again through academic sources, the history and purpose of the AR and you’ll understand it’s not a “weapon of mass destruction.” The 30 round capacity is misleading to the firearms capabilities.

        Thank you for your perspective I wish you luck in your educational journey!

        • Xhieron
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          41 year ago

          That’s a lot of words to say, “I have no way to back up my claims.” “Go research for yourself” is the last bastion of those whose arguments fail to stand up to scrutiny. You have a lot to say, and so far in this thread the only single piece of evidence you’ve provided is a Youtube video. The AR’s history is that it’s a weapon of war.

          I get the impression you have a lot of personal experience with guns, and you’ve probably been exposed to training in order to increase your comfort level, but “go research for yourself, and your research will obviously make you agree with me” doesn’t change the reality that you haven’t actually given any evidence for the stats you spouted. Save the condescension for your family and neighbors.

          If you want your position to be taken seriously, back it up. Otherwise, everyone will continue to care nothing whatever about what you say.

          That’s all.

          • @[email protected]
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            11 year ago

            Pot calling the kettle black. Unlike you, I have read the bill. I knew what I voted for when I chose not to support Measure 114. You asked me to hand you supporting evidence for my viewpoints on a silver platter, I don’t do that for keyboard warriors such as yourself. If you’d like to show your interested in a legitimate discussion by showing some sort of fact from your way of looking at it I’m happy to look at it. Your sarcastic claim that I “obviously want you to agree with me” is grotesquely mistaken and again keyboard warrior click bait. Good luck with your journey, you obviously have nothing further to offer.

      • @[email protected]
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        51 year ago

        I’m not sure I understand what you’re trying to articulate here. What does sound have to do with anything? Firearms are not “noise deterrents.” And firing a warning shot is not an appropriate means of firearm safety let alone a viable option for protecting loved ones or yourself. I’d be excited to understand your point better.

          • @[email protected]
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            41 year ago

            You should never blindly fire a firearm. That’s the first rule of gun safety. I’m not watching a video promoting unsafe firearm practices. You’re part of the problem if you’re promoting blind firing a gun inside your house or anywhere. Buy some firecrackers and pull a Home Alone if that’s your desired effect, not a firearm.

            Firearm Safety

            https://youtu.be/LGKkSZSv1rA?si=8goNQFuJN99ZiXtJ

              • @[email protected]
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                31 year ago

                Sooooo a firearm was a tool used to defend their home. Because the homeowner knew their target. One of four basic firearm safety rules. Huh.

                Their intention was not to “create sound.” Aren’t you proving my point? A well armed homeowner successfully defended their home? Nobody should EVER use the sounds of gunshots to deter anybody from any action. It’s irresponsible and an unsafe firearm ownership practice. Period.

                It’s people like you who jeopardize the Second Amendment Rights of responsible firearm owners all across this country.

    • @[email protected]
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      11 year ago

      “So for my slow friends out there this would be like going to a car dealership, wanting to buy a sedan, having to present to them your state mandated document saying you have taken a class and passed, received a permit to be at the dealership looking at cars, before you can even test drive or start the conversation of purchasing that sedan.”

      Oh, Oregon doesn’t require that you have a driver’s license to drive a car? A driver’s license that requires a cursory background check, a written knowledge check and a skills test? You aren’t talking about a document like that? Let’s go further, every where I’ve test driven a car, they want proof of insurance too, so you also need an allowance from a corporate, non-government, controlling entity in order to even begin being considered to be allowed to test drive a car?

      Do you think about anything critically, or do you just spout shit and assume that people are going to agree with you, just because you agree with you?

  • @[email protected]
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    151 year ago

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

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

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

    • SeaJ
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      101 year ago

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

    • Natanael
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      61 year ago

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

    • @[email protected]
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      31 year ago

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

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

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

  • @[email protected]
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    141 year ago

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

  • @[email protected]
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    91 year ago

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