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.

  • Poob@lemmy.ca
    link
    fedilink
    arrow-up
    142
    arrow-down
    17
    ·
    1 year ago

    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.

    • mctoasterson@reddthat.com
      link
      fedilink
      arrow-up
      65
      arrow-down
      4
      ·
      1 year ago

      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.

      • BOMBS@lemmy.world
        link
        fedilink
        English
        arrow-up
        17
        arrow-down
        2
        ·
        1 year ago

        narcissists

        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?

    • librechad@lemm.ee
      link
      fedilink
      arrow-up
      17
      arrow-down
      4
      ·
      edit-2
      1 year ago

      One of the hillbillies I know have a fully automatic M14 with a 20 round magazine from the Korean War. It was a pleasure to fire that thing.

      • ikidd@lemmy.world
        link
        fedilink
        English
        arrow-up
        29
        arrow-down
        8
        ·
        1 year ago

        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.

        • FluorideMind@lemmy.world
          link
          fedilink
          arrow-up
          22
          arrow-down
          10
          ·
          1 year ago

          Exactly, it’s very hard to respect the anti gun crowd when they focus on banning things that don’t even matter beyond comfort or aesthetics. It’s just all feel good bs that does nothing but hinder the average joe

          • PoliticalAgitator@lemm.ee
            link
            fedilink
            arrow-up
            3
            arrow-down
            7
            ·
            1 year ago

            Do you know why it’s hard to respect the pro-gun crowd?

            Because when a legal gun owner in Ulvade used a legally purchased gun to mutilate a room full of children beyond recognition and the entire world asked “What can we change to stop this from happening?”, do you know what their pro-gun community replied?

            “I don’t know, maybe something to do with doors or mental health. All I know is that the gun laws in Texas are brilliant, if not too strict. There is nothing I would have changed and selling guns to someone with a history of rape threats and animal abuse is exactly what the founding fathers wanted”.

            But yeah sorry we don’t know the intricacies of your little trinkets.

            • BaldProphet@kbin.social
              link
              fedilink
              arrow-up
              7
              arrow-down
              2
              ·
              1 year ago

              But yeah sorry we don’t know the intricacies of your little trinkets.

              If you actually cared as much as you act like you do, you would educate yourself about these “little trinkets”.

              • FluorideMind@lemmy.world
                link
                fedilink
                arrow-up
                6
                arrow-down
                1
                ·
                1 year ago

                Exactly. They act like they know everything and ignore when you try to educate them. Banning any feature of a gun isn’t going to matter, nothing short of a full on ban is going to put a dent in shootings and that’s just not going to happen without civil war.

          • vivadanang@lemm.ee
            link
            fedilink
            English
            arrow-up
            7
            arrow-down
            13
            ·
            1 year ago

            it’s very hard to respect the anti-gun crowd? because they focus on banning things that don’t matter?

            like focusing on red flag laws so nutbags don’t buy rifles, abusive fucks don’t keep their handguns? yeah none of that matters. you fuckwit.

            it’s impossible to have any respect for the pro-dead-children crowd. you cretins deserve so much worse.

            • nBodyProblem@lemmy.world
              link
              fedilink
              arrow-up
              11
              arrow-down
              4
              ·
              1 year ago

              like focusing on red flag laws so nutbags don’t buy rifles, abusive fucks don’t keep their handguns? yeah none of that matters. you fuckwit.

              They want due process to have their personal property taken from them? Man. That’s just crazy!

                • nBodyProblem@lemmy.world
                  link
                  fedilink
                  arrow-up
                  3
                  arrow-down
                  1
                  ·
                  1 year ago

                  Oh come on. Literally nobody is pro firearms for domestic abusers, let’s get off that straw man.

                  The justice system in this country is, and always has been, built on the premise that someone is presumed innocent until proven guilty.

                  This isn’t merely important for guns. It’s important for every aspect of criminal justice.

              • vivadanang@lemm.ee
                link
                fedilink
                English
                arrow-up
                3
                arrow-down
                8
                ·
                1 year ago

                mass murder after mass murder after mass murder and you’re just fine with things how they are.

                • Jeremy [Iowa]@midwest.social
                  link
                  fedilink
                  English
                  arrow-up
                  3
                  arrow-down
                  1
                  ·
                  1 year ago

                  mass murder after mass murder

                  You seem to be making quite the set of assumptions.

                  Those of us in favor of firearm ownership do actively want change - but you might be surprised to hear we want changes which actually address underlying issues rather than nonsense about magazine capacities and scary black rifle.

              • Honytawk@lemmy.zip
                link
                fedilink
                arrow-up
                2
                arrow-down
                8
                ·
                1 year ago

                If someone has a nuclear warhead in their personal possession, I want the government to take it from them as well.

                Nobody needs a gun, and if you do to feel safe you must accept you live in a shithole country.

        • ApostleO@startrek.website
          link
          fedilink
          arrow-up
          1
          ·
          5 months ago

          Yeah, as a leftist who likes guns for fun, survival, self defense, and theoretical political unrest… I still think it’s ridiculous we don’t have gun licenses in the US. Or a gun ownership registry.

          Bans restrict freedom for everyone.

          License and registration lets you maintain that freedom for most, but still restrict it where necessary (e.g. crime, mental health), and more easily track and punish those who misuse firearms.

        • PoliticalAgitator@lemm.ee
          link
          fedilink
          arrow-up
          2
          arrow-down
          6
          ·
          1 year ago

          What particular laws have been “completely ineffective”? How are you measuring that efficiency, if not by comparing to countries without them?

          We get it, gun owners get salty because they’re not allowed all the toys they want. Their natural state is “tantrum” from America to Canada to Australia to the UK.

          But that’s too bad for them. While they may decided that increased risk of people being murdered is fine because they don’t think it will be their family, those countries have decided that their hurt feelings aren’t as important as other people’s lives.

          And oh look, they’re way better places to send you kids to school or walk around at night. Who’d have fucking known?

      • Kalcifer@lemm.ee
        link
        fedilink
        arrow-up
        11
        ·
        edit-2
        1 year ago

        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.

    • Kalcifer@lemm.ee
      link
      fedilink
      arrow-up
      7
      ·
      1 year ago

      In addition to this, there is no limitation on the magazine size for rimfire longuns in Canada.

      [source] With some exceptions, there is no limit to the magazine capacity for:

      • semi-automatic, rim-fire long guns
      • other long guns that are not semi-automatics
      • Jeremy [Iowa]@midwest.social
        link
        fedilink
        English
        arrow-up
        4
        arrow-down
        1
        ·
        1 year ago

        Stronger background checks, better gun storage laws, provide basic firearm education (maybe even make it mandatory).

        I’d love to see your source for such positions, especially regarding the magnitude of improvement expected and the justification for such.

        We already have extensive background checks for nearly every firearm purchase. I’ve yet to see support for the notion that any meaningful percentage of firearm violence is committed by those who legally purchased a firearm but somehow bypassed a background check.

        Similarly, I’ve yet to see any support for the notion that legally requiring safe storage - constitutional violation concerns aside - would make any meaningful improvement. This, at least, one could do much to promote without adding restrictions - I’ve yet to see any blue team support for, say, subsiding safes.

        And similarly, there’s no blue team support for subsided, equitable, shall-issue training and licensing - and a lack of indication it would make a difference.

        I’m pro gun. But think about the people you know who should never own one. That’s what we should be focusing on. Weeding out irresponsible gun owners and harsher punishments for those that ignore the laws.

        Oh? Who are those people? How would you objectively identify such?

        Every pro gunner likes to use murder as a comparison against gun laws, “well murder is illegal, but people still do it!” Yeah, but can you imagine how high murder rates would skyrocket if they were legal? You’re not going to stop all gun deaths, but we could do a shit ton to at least minimize them the best we can.

        Ironically, you highlight the reason such a highlight is raised - you do nothing at all about the underlying issue (violence and the pressures for it) and, instead, focus only on the fact firearms are a tool used; tacking on more restrictions which create additional burden for those already doing nothing wrong yet are unlikely to meaningfully impact the crime is absurd. You ignore that the current laws and proposed laws continue to ignore the problems.

        It’s so frustrating because all we need to do is implement common sense gun restrictions to keep them out of the wrong hands, but nooooo. That takes too much brain power for half of the US, apparently.

        “Common sense” is such a laughably disingenuous phase here. It implies the solutions are obvious and intuitive yet the solutions proposed do nothing for the issue at all beyond setting the stage for fire and fury when such measures are rightly resisted.

        You are right that there are a few simple things we can do to meaningfully impact things… but you might be surprised as to what they are.

      • Poob@lemmy.ca
        link
        fedilink
        arrow-up
        2
        arrow-down
        3
        ·
        1 year ago

        I agree with all of this. I think almost all of Canada’s gun control laws are sensible. We have sensible laws about transport, storage, safety training, and other things. Magazine size and banning weapons that look scary is not effective though.

      • kent_eh@lemmy.ca
        link
        fedilink
        English
        arrow-up
        3
        arrow-down
        4
        ·
        1 year ago

        Gun deaths in Canada isn’t exactly in a good place, it’s just way better than the US.

        It’s also mostly a problem caused by guns smuggled in from the US, where it’s far too easy for people with bad intentions to get guns.

        • CoderKat@lemm.ee
          link
          fedilink
          English
          arrow-up
          3
          arrow-down
          2
          ·
          edit-2
          1 year ago

          Yeah, 85% of traceable guns used for crime came from the US. Our asshole neighbours refusal to get their shit together is killing Canadians because they consider their right to kill black people knocking at their door to outweigh the good of everyone else.

          And then if we criticize them, they’ll tell us to mind our own business, as if it’s a harmless hobby that doesn’t hurt anyone else.

          Yeah, I know, I’m being a little over the top in this comment, but all I can do is air frustrations. Guns are like every other issue conservatives care about. You’ll never change their mind. The US is too many school shootings in to admit they have a problem.

          • FluorideMind@lemmy.world
            link
            fedilink
            arrow-up
            1
            arrow-down
            1
            ·
            edit-2
            1 year ago

            Lmao are you really shifting blame from the Canadian criminal to the American gun? You really believe the criminal wouldn’t have committed the crime without a gun? Like above nothing short of a total ban will impact crime, and that’s not going to happen for a few reasons. We are all frustrated from crazies killing people but the solution isn’t in the guns, we need to treat the person.

            Also you seem a bit brain washed thinking gun owners just want to kill black people. Maybe you should think hard about that line and who gains from you believing that.

          • Jeremy [Iowa]@midwest.social
            link
            fedilink
            English
            arrow-up
            2
            arrow-down
            2
            ·
            edit-2
            1 year ago

            Hold up. Canada’s failure to manage its borders is our issue? This, even aside from how you apparently only care that crime was committed with those darn American handguns rather than that crime was committed. Aren’t you supposed to be the country doing better?

            Also, what’s this about right to kill black people? Is this more Works Cited: Crack Pipe nonsense?

            The US is too many school shootings in to admit they have a problem.

            When either party is willing to actually address underlying issues, feel free to revisit that high horse.

  • Staple_Diet@aussie.zone
    link
    fedilink
    arrow-up
    146
    arrow-down
    45
    ·
    1 year ago

    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).

    • 🇰 🌀 🇱 🇦 🇳 🇦 🇰 ℹ️@yiffit.net
      link
      fedilink
      English
      arrow-up
      43
      arrow-down
      8
      ·
      edit-2
      1 year ago

      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.

      • Archer@lemmy.world
        link
        fedilink
        arrow-up
        12
        arrow-down
        1
        ·
        1 year ago

        Killing them is not the problem, dropping them before they and their pack successfully charge you is the bigger problem

    • HelixDab2@lemm.ee
      link
      fedilink
      arrow-up
      21
      arrow-down
      3
      ·
      1 year ago

      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.

      • ChonkyOwlbear@lemmy.world
        link
        fedilink
        arrow-up
        5
        arrow-down
        6
        ·
        1 year ago

        Trans and gay people would be a whole hell of a lot safer if the people who wanted to kill them were unarmed.

        • HelixDab2@lemm.ee
          link
          fedilink
          arrow-up
          2
          ·
          1 year ago

          Sure. But they aren’t, and they can’t be legally disarmed. And the cops aren’t on the side of LGBTQ people. So LGBTQ people better get strapped and trained, because no one else is going to be looking out for them.

      • CoderKat@lemm.ee
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        4
        ·
        edit-2
        1 year ago

        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.

        • HelixDab2@lemm.ee
          link
          fedilink
          arrow-up
          3
          ·
          1 year ago

          That is an extremely American comment.

          That’s likely because I’m an American, living in the US, and subject to US laws and court rulings. Like the one that you’re commenting on.

          Far more trans people are killed by guns

          Sounds to me like more trans people need to get strapped, because the cops sure as fuck don’t care about them. I’m guessing that you’ve avoided reading about anarchists and groups like the various John Brown Gun Clubs defending drag queen story hours and groups feeding homeless people?

          What states do you think are the best for LGBT people and how do you think their guns culture is like?

          Well, I certainly wouldn’t vote for Texas or Florida. But I also wouldn’t vote for Illinois, because I’ve known queer people in Chicago that have been the victims of attacks, and I’ve seen just how few fucks the cops give. Here’s the blunt truth: cops aren’t going to save LGBTQ people, because cops are on the side of the people hurting them. The sad truth is that queer people need to be able to protect themselves, and that means having access to lethal force.

          Trans people are at considerably higher risk of suicide and owning a gun is strongly linked to increased chance of successfully commiting suicide.

          Yes, absolutely. But magazine capacity is irrelevant to suicide. But again - the problem isn’t the gun itself, the problem is that LGBTQ people are treated like shit by a society that largely doesn’t care about them. Removing guns doesn’t remove their misery. Fix the real problem, and the suicides fix themselves. (And yeah, we’ve got social and fiscal conservatives preventing solving the real problems too.)

          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.

          How many cases of defensive gun use are there annually in the US? The most conservative estimates are around 1.5M. How many lives are saved as a result of defensive gun use? That’s the real question, and there’s no way to answer it, since you can’t possibly know if someone would have definitely, 100% died if they hadn’t had a firearm to protect themselves.

          I do think people like you can be convinced otherwise

    • thepianistfroggollum@lemmynsfw.com
      link
      fedilink
      English
      arrow-up
      25
      arrow-down
      12
      ·
      1 year ago

      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.

    • fluke@lemmy.world
      link
      fedilink
      arrow-up
      21
      arrow-down
      18
      ·
      edit-2
      1 year ago

      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?

      • HelixDab2@lemm.ee
        link
        fedilink
        arrow-up
        6
        ·
        1 year ago

        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.

        • fluke@lemmy.world
          link
          fedilink
          arrow-up
          3
          ·
          1 year ago

          The discussion is about the pointlessness of the magazine restrictions. I’m aware of ballistics and the ease of different systems to shoot, but since it’s not about that, it wasn’t mentioned.

          And in regards to the final point, yes. That is literally what is being said.

      • Staple_Diet@aussie.zone
        link
        fedilink
        arrow-up
        7
        arrow-down
        4
        ·
        1 year ago

        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.

        • fluke@lemmy.world
          link
          fedilink
          arrow-up
          10
          arrow-down
          1
          ·
          1 year ago

          The FBI say the median number of shots to end a citizen involved shooting is 6 rounds. That’s a person v person shooting.

          Would you still feel comfortable with a revolver knowing that there was a chance you would need to use it?

          Personally I don’t agree with the concept of weapons for citizen self defence (vs people), it getting to that point is a total and systematic failure of every system in place that lead to that point; from mental healthcare, to education. Law enforcement to the media broadcast. However the topic is the US, and they are what they are at present. And it’s a legally legitimate option.

          The fact that I am arguing is that magazine size is so completely irrelevant. It’s a quick fix easy sticky plaster political knee jerk, just like every other stupid and shitty ban or regulation.

          The fact is that you can’t ban gun in the US. It’s just impossible. There’s too many of them that any change in law in that regard would take generations to see effect and there are too many people that live in circumstances where there is a genuine reason for ownership and use (as you know living in Australia. Drop Bears).

          People in the US need to admit that the solution is from the bottom. Improving education, mental healthcare, reducing extremism, eradicating the constant divisiveness in everything, etc etc. These things have only really become real in the last 15 years against 100s of years of ingrained firearm ‘rights’. But that’s too hard. So just make a piece of plastic that’s a bit smaller than what it once was.

          • HelixDab2@lemm.ee
            link
            fedilink
            arrow-up
            6
            ·
            1 year ago

            Improving education, mental healthcare, reducing extremism, eradicating the constant divisiveness in everything, etc etc.

            The overwhelming number of gun deaths that aren’t suicide are ordinary crime. Fixing the economic conditions that lead to crime would probably have the single biggest effect. Cramming tons of poor people into a small geographic area, and then ensuring that they have no realistic way out of poverty sure as shit hasn’t helped.

            Extremism creates orgies of violence, but poverty creates the daily grind of violence.

          • Staple_Diet@aussie.zone
            link
            fedilink
            arrow-up
            2
            arrow-down
            4
            ·
            1 year ago

            The fact is that you can’t ban gun in the US. It’s just impossible. There’s too many of them that any change in law in that regard would take generations to see effect

            I find this a weak argument. Cigarettes and ICE cars were equally if not more so pervasive, and through legislation we have seen change occur to the use rates of both of those, albeit much slower in the case of the former.

            You are right in that effective gun regulation in the US will be a monumental task, but not impossible. It’s just the best time to have started was yesterday.

            • fluke@lemmy.world
              link
              fedilink
              arrow-up
              5
              arrow-down
              1
              ·
              1 year ago

              Cigarettes are consumable. And ICE cars are naturally being phased out for EV examples, not being banned with no alternative.

              The examples are non sequitur.

              • Staple_Diet@aussie.zone
                link
                fedilink
                arrow-up
                2
                arrow-down
                2
                ·
                1 year ago

                I referred to them as examples of societal mainstays that have been/are being phased out generationally. But true, it’s near impossible to find a good comparison.

    • BombOmOm@lemmy.world
      link
      fedilink
      English
      arrow-up
      17
      arrow-down
      20
      ·
      edit-2
      1 year ago

      Now to lift the ban on belt fed firearms so Americans can really live free (or at least those who aren’t … female)

      Sounds we should get rid of those laws that ban women from owning and operating firearms! /s

      • Fondots@lemmy.world
        link
        fedilink
        arrow-up
        16
        arrow-down
        4
        ·
        edit-2
        1 year ago

        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.

        • BombOmOm@lemmy.world
          link
          fedilink
          English
          arrow-up
          6
          arrow-down
          5
          ·
          edit-2
          1 year ago

          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.

          It is also the interpretation that has been proven in court to be incorrect. Both lingustic and historical readings demonstrate it is the right of the people to keep and bear arms, not the right of the militia to keep and bear arms. The poster above has no grounds to stand on in arguing that women do not have a right to keep and bear arms.

        • SupraMario@lemmy.world
          link
          fedilink
          arrow-up
          18
          arrow-down
          10
          ·
          1 year ago

          This is like saying the Constitution doesn’t guarantee a barrel on the rifle, or that it uses smokeless power or only muzzle loading muskets…go ahead and apply that same thought of yours to computers/Internet and the 1st amendment…you will argue against it.

          • KillAllPoorPeople@lemmy.world
            link
            fedilink
            English
            arrow-up
            1
            arrow-down
            4
            ·
            1 year ago

            go ahead and apply that same thought of yours to computers/Internet and the 1st amendment…you will argue against it.

            The Constitution is explicit in regards to the First Amendment, “Congress shall make no law…” This isn’t even remotely the case with the Second Amendment. There’s more truth to constitutionally allowing direct physical threats and defamation, which are considered not protected by the First Amendment, than there are magazine sizes, lmao.

            I think what trips up a lot of people, especially Americans, is the idea of something not being black and white. Just because the First Amendment talks about speech and the Second Amendment talks about guns doesn’t mean it’s a black and white, when you have this unfettered right to speech and guns. Something being in a gray area makes Americans very confused.

            • BaldProphet@kbin.social
              link
              fedilink
              arrow-up
              3
              arrow-down
              1
              ·
              1 year ago

              The Second Amendment is even clearer than the First: “the right of the people, to keep and bear arms, shall not be infringed.” Any law that even borders on restricting the right of the people to own and use weapons is clearly a violation of the Second Amendment.

          • swiftcasty@kbin.social
            link
            fedilink
            arrow-up
            4
            arrow-down
            10
            ·
            1 year ago

            Pornography is protected under the first amendment, and sharing it via the internet is allowed. Child pornography is illegal and should stay illegal. Similarly there are other forms of speech that are criminal and should stay criminal, such as death threats. I think you would agree that these are reasonable regulations on our free speech.

            Here’s an example on the gun side: in the 2017 Las Vegas mass shooting, bump stocks were used, allowing one man to kill 60 people and injure an additional 867 (just to confirm this is not a typo: 927 people were killed or harmed). Bump stocks were banned in 2018. The bump stock ban seems justified to me, does it seem justified to you?

            • Jeremy [Iowa]@midwest.social
              link
              fedilink
              English
              arrow-up
              12
              arrow-down
              5
              ·
              1 year ago

              No, as knee-jerk reactions to a single facet of an outlier event are absurd.

              As an comparison, your highlight of child porn is due to the actual harm of actual abuse - the thing is banned because it cannot exist without traumatizing and abusing children. Your highlight of an outlier shooting is really the highlight of the potential harm of a future event - the thing might maybe be used for harm.

              Most of us don’t live our lives in terror of inanimate objects or overrepresented and oversensationalized events.

              • HelixDab2@lemm.ee
                link
                fedilink
                arrow-up
                4
                ·
                1 year ago

                Point of fact: child pornography is obscene–and not covered by 1A–even if no real people are harmed. I’d have to dig up the law (I think it dates to the mid-90s), but it’s pretty broad. Lolicon may be illegal by itself, even though drawings don’t generally cause direct harm. At least one person has been convicted of obscenity for comics, albeit not lolicon. It is *likely that even AI-generated child pornography, even though it wouldn’t involve real children, would end up being ruled obscene.

                Personally, I would take your position; images and depictions of child pornography that don’t involve actual minors should not be obscene and therefore illegal, regardless of how distasteful and repellent they are.

                • BaldProphet@kbin.social
                  link
                  fedilink
                  arrow-up
                  4
                  ·
                  1 year ago

                  Real child pornography should only be illegal because of the harms it represents. The text of the First Amendment would clearly protect victimless obscenity.

                • Jeremy [Iowa]@midwest.social
                  link
                  fedilink
                  English
                  arrow-up
                  3
                  ·
                  1 year ago

                  Interesting - I was not aware of that. I’ll have to dig up the law and related rulings - I suspect the judges’ opinions on the matter would help clarify the reasoning for arriving at such a stance and would help me understand if, say, they might be due to mimicry of that actual harm and actual abuse, etc.

                  I appreciate that highlight.

              • WoahWoah@lemmy.world
                link
                fedilink
                arrow-up
                5
                arrow-down
                9
                ·
                1 year ago

                Most of us don’t live our lives in terror of inanimate objects or overrepresented and oversensationalized events.

                If you say so.

            • theyoyomaster@lemmy.world
              link
              fedilink
              arrow-up
              5
              arrow-down
              2
              ·
              edit-2
              1 year ago

              It is worth pointing out that in the Las Vegas shooting the investigation never concluded if he actually used the bump stocks. Some of the guns had them installed but with his amount of preparation and knowledge of firearms he could have just as easily modified them to be fully automatic. During the course of the investigation they specifically prohibited the ATF from inspecting any of the weapons for modifications and merely said that the use of the bump stocks was a possibility, not a fact. The bottom line is it isn’t known one way or another if he actually used them, he might have but the firing rate was more consistent than most bump firing.

          • TenderfootGungi@lemmy.world
            link
            fedilink
            English
            arrow-up
            4
            arrow-down
            13
            ·
            edit-2
            1 year ago

            Guns work fine with smaller magazines. They do not work fine without a barrel.

            Edit: and I say that as someone that owns several guns. That are in a gun safe at a family members because I have kids and not a great place to store them.

            • SupraMario@lemmy.world
              link
              fedilink
              arrow-up
              14
              arrow-down
              2
              ·
              1 year ago

              Tell that to the FBI and LEOs who run double stack mags because it keeps you in the fight. Tell that to the military…hell tell that to a hog hunter…or the pregnant woman who is having to defend herself from a home break in.

      • S_204@lemmy.world
        link
        fedilink
        English
        arrow-up
        9
        arrow-down
        10
        ·
        1 year ago

        Lol, tell me you don’t understand the constitution without saying you’re a fucking idiot. Oh wait.

          • Honytawk@lemmy.zip
            link
            fedilink
            arrow-up
            1
            arrow-down
            3
            ·
            1 year ago

            Doesn’t the 2 amendment talk about the right to bear arms, and doesn’t say we can’t restrict weapons?

            As long as you are allowed to have a flintlock pistol, your constitution is not violated. So we can ban every other gun in existence.

            • BombOmOm@lemmy.world
              link
              fedilink
              English
              arrow-up
              3
              arrow-down
              1
              ·
              1 year ago

              As long as you are allowed to have a flintlock pistol, your constitution is not violated

              ‘As long as you have a quill and paper, your right to free speech is not violated’

              Your argument is not how the Bill of Rights works. I for one am happy about that, I enjoy having free speech on the internet, and presumably you do too.

            • Jeremy [Iowa]@midwest.social
              link
              fedilink
              English
              arrow-up
              6
              arrow-down
              2
              ·
              1 year ago

              It’s ironic that your best argument is to suggest one read history - with mindless disparaging insult - in response to actual history and analysis, with citations.

              Narrative, indeed.

  • shalafi@lemmy.world
    link
    fedilink
    arrow-up
    30
    arrow-down
    5
    ·
    1 year ago

    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?

  • not_that_guy05@lemmy.world
    link
    fedilink
    arrow-up
    38
    arrow-down
    17
    ·
    1 year ago

    Law should be struck down.

    • 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.

  • /home/pineapplelover@lemm.ee
    link
    fedilink
    arrow-up
    26
    arrow-down
    9
    ·
    edit-2
    1 year ago

    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.

  • ShittyRedditWasBetter@lemmy.world
    link
    fedilink
    arrow-up
    30
    arrow-down
    17
    ·
    1 year ago

    Shocking! Another dumb ineffective gun law that was clearly never going to stand is shot down.

    Really good use of political capital and money.

  • lunaticneko@lemmy.ml
    link
    fedilink
    arrow-up
    14
    arrow-down
    1
    ·
    1 year ago

    Touchy issue.

    I come from a country with no gun rights, at least not for civilians.

    A spare magazine is not a restricted article. Anyone can buy or make. If the matter is 10 rounds, well, you can have as many mags as you want.

    Or, have a big mag with fillers in it for inspection. When you step outside the police or whatever office, you just take those fillers out.

  • sudo22@lemmy.world
    link
    fedilink
    English
    arrow-up
    19
    arrow-down
    16
    ·
    1 year ago

    Before anyone tries to argue if the 2A covers bullet capacity, let me introduce you to the chambers gun

    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.

    • ShoeboxKiller@lemm.ee
      link
      fedilink
      arrow-up
      3
      arrow-down
      4
      ·
      1 year ago

      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”.

      • Jeremy [Iowa]@midwest.social
        link
        fedilink
        English
        arrow-up
        4
        arrow-down
        4
        ·
        1 year ago

        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.”

        Fortunately, we have an abundance of analysis on the subject including that used in the ruling to help clarify.

        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, too, was covered.

        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.”

        Fortunately, we have quite a bit of other text including that from Madison on the subject; a specific limited-scope purpose in one instance does not negate his other statements.

        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.

        • ShoeboxKiller@lemm.ee
          link
          fedilink
          arrow-up
          3
          arrow-down
          4
          ·
          1 year ago

          I didn’t say anything about the militia, not sure why you’re referencing that. I provided the verbatim text, which doesn’t reference capacity.

          Heller did not establish protections for magazine capacity, that’s what your image says. It’s not settled law, that’s why it’s being contested. This judge was overruled on appeal on this once before. Until it’s settled law the argument magazine capacity is protected is as valid as the argument it’s not.

          … with complete technological parity with the standing armed forces of the time, in context.

          Yes, in context for the 1790s the people had access to the same weapons as the standing army, of course they didn’t really have a lot of choice…

          It’s almost like context changes over time and laws need to as well.

          And in the post-Bruen world, there’s much less room for debate, especially for arbitrary and capricious restrictions on a right.

          This is wrong. Bruen simply held that may issue states cannot use arbitrary evaluations of need to issue permits for concealed carry. Everything else is, by definition, debatable which is why this case is working its way through the courts.

          Again, this is a dumb law and not at all representative of reasonable gun control but magazine capacity is not protected by the 2nd amendment. Not yet, at least.

          • Jeremy [Iowa]@midwest.social
            link
            fedilink
            English
            arrow-up
            3
            arrow-down
            3
            ·
            1 year ago

            I didn’t say anything about the militia, not sure why you’re referencing that. I provided the verbatim text, which doesn’t reference capacity.

            And I provided the opinion from a ruling which directly addressed the most common but militia arguments.

            Heller did not establish protections for magazine capacity, that’s what your image says. It’s not settled law, that’s why it’s being contested. This judge was overruled on appeal on this once before. Until it’s settled law the argument magazine capacity is protected is as valid as the argument it’s not.

            I’ll take a federal judge’s opinion on the matter - one which aligns with what was clearly laid out in Heller - over yours, thanks.

            You seem to be intentionally neglecting that SCOTUS vacated that and kicked it back down to be revisited in light of Bruen, resulting in… this exact ruling.

            Yes, in context for the 1790s the people had access to the same weapons as the standing army, of course they didn’t really have a lot of choice…

            It’s almost like context changes over time and laws need to as well

            Which doesn’t change the intent of parity was quite clear - another thing those pesky sources highlight for you.

            This is wrong. Bruen simply held that may issue states cannot use arbitrary evaluations of need to issue permits for concealed carry. Everything else is, by definition, debatable which is why this case is working its way through the courts.

            Do you truly believe that’s all that was established in Bruen? You seem to be intentionally ignoring the majority of the outcome of that e.g. the things that triggered this to be vacated and reheard - thus this judgement we’re discussing.

            Again, this is a dumb law and not at all representative of reasonable gun control but magazine capacity is not protected by the 2nd amendment. Not yet, at least.

            And the federal judges disagree with you.

            • ShoeboxKiller@lemm.ee
              link
              fedilink
              arrow-up
              3
              arrow-down
              2
              ·
              1 year ago

              And the federal judges disagree with you.

              Is the 9th circuit court of appeals not federal? Of course that was 2017, but since the Supreme Court vacated it and Judge Benitez ruled the same way again it’s settled law right? The ban is no longer in effect because the case is finished with this ruling, right?

              What state is your BAR license from? I’d like to see how their requirements compare to mine.

              • Jeremy [Iowa]@midwest.social
                link
                fedilink
                English
                arrow-up
                2
                arrow-down
                4
                ·
                1 year ago

                Is the 9th circuit court of appeals not federal? Of course that was 2017, but since the Supreme Court vacated it and Judge Benitez ruled the same way again it’s settled law right? The ban is no longer in effect because the case is finished with this ruling, right?

                Are you pretending the supreme court is not federal? Is, perhaps, devoid of authority?

                You seem to be burying your head in the sand and trying to avoid that the supreme court which vacated it did so in light of a ruling which rendered the 9th circuit’s ruling invalid, specifically due to Benitez’ ruling.

                California has appealed, as they always do. The 9th circuit may or may not accept it; it may or may not continue up to the Supreme Court.

                Are you under the impression settled law is somehow sacred and fixed? That, say, there has never been any occurrence of settled law being revisited in light of better or changed understanding of an issue? Interesting.

                Are you pretending the supreme court’s continued establishment of precedent on an issue is meaningless?

                What state is your BAR license from? I’d like to see how their requirements compare to mine.

                Oh, interesting - you cannot manage to address let alone refute an argument, so you… appeal to the authority of education as proving that your unsupported position is somehow unassailable? If your law degree was somehow issued by an entity other than Bullshit University, I have serious concerns about its worth given your apparent lack of familiarity with things covered by even high school debate.

                • ShoeboxKiller@lemm.ee
                  link
                  fedilink
                  arrow-up
                  4
                  arrow-down
                  2
                  ·
                  1 year ago

                  I see, you’re on of those internet “experts” without the education or background experience to support it. Thanks, I guess I wasted my own time with you.

    • Honytawk@lemmy.zip
      link
      fedilink
      arrow-up
      2
      arrow-down
      4
      ·
      1 year ago

      Great, but if you need a gun to feel safe in your own country, it is a shithole.

  • Steak@lemmy.ca
    link
    fedilink
    arrow-up
    5
    arrow-down
    2
    ·
    1 year ago

    Limited to five in Canada. Way less gun deaths here. I’m fine with it.

  • RememberTheApollo_@lemmy.world
    link
    fedilink
    arrow-up
    33
    arrow-down
    31
    ·
    edit-2
    1 year ago

    There’s no right to magazine sizes. They have a right to guns. Give ‘em a bolt action with a 3+1 magazine. Still have a gun, right?

    • Kalcifer@lemm.ee
      link
      fedilink
      arrow-up
      19
      arrow-down
      7
      ·
      1 year ago

      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.”.

      • rahmad@lemmy.ml
        link
        fedilink
        arrow-up
        8
        arrow-down
        6
        ·
        1 year ago

        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.

        • trafficnab@lemmy.ca
          link
          fedilink
          arrow-up
          15
          arrow-down
          2
          ·
          1 year ago

          You very much can buy an F16 assuming you can find one for sale, a civilian owned company already bought 29 of them from Israel (Same goes for fully functional tanks as long as you fill out the proper paperwork)

          • rahmad@lemmy.ml
            link
            fedilink
            arrow-up
            4
            arrow-down
            1
            ·
            1 year ago

            Technically true, but it needs to be non militarized, can’t purchase the missile mounts (or the missiles etc.). My point stands.

            • LifeInMultipleChoice@lemmy.ml
              link
              fedilink
              arrow-up
              1
              ·
              edit-2
              1 year ago

              The jet isn’t the weapon. It’s the missles I agree.

              Want people to change their mind, tell them Bill Gates/Elon Musk and such are starting a nuclear program. They’ll want to ban it, they are arms after all.

              “Musk is adding AI controlled weapons to Starlink” Immediate call for reform haha

        • Kalcifer@lemm.ee
          link
          fedilink
          arrow-up
          2
          ·
          edit-2
          1 year ago

          I try to look at these examples from the perspective of the Non-Agression Principle – to come to the conclusion that a specific technology must be kept from the public, it must be shown that that technology, by it’s very nature of existence, infringes on the rights and freedoms of those around it. For example, if we look a nuclear warhead, as you mentioned, it could certainly be argued that it’s private ownership would violate the NAP, as it’s very existence is an indiscriminate threat to the life, and property of any proximal to it. A similar argument could be made for your other example of anthrax. Making a similar argument for an outright ban on the civilian ownership of a fighter-jet is much more difficult to justify, however. I would argue that it would, instead, be more logical to regulate, rather than prohibit, the civilian ownership of a fighter-jet, much in the same manner as the civilian ownership of any other typical aircraft.

          It also should be noted that it entirely depends on wording/language. The 2nd Amendment specifically states “[…] the right of the people to keep and bear Arms, shall not be infringed.”. One needs to have a precise definition for “bear”, and “Arms”. Perhaps it could be argued that an individual cannot “bear” a nuclear warhead. Perhaps “Arms” are only those used by the military, or other federal entities. I have no definite answer, but these are the sorts of things that one must consider.

      • ChonkyOwlbear@lemmy.world
        link
        fedilink
        arrow-up
        2
        arrow-down
        3
        ·
        1 year ago

        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.

      • RememberTheApollo_@lemmy.world
        link
        fedilink
        arrow-up
        3
        arrow-down
        6
        ·
        1 year ago

        3 round mag is a perfectly functional firearm. I own one. Works great.

        Nobody’s infringing. When they wrote the amendment a single-fire cap and ball was perfectly acceptable as a firearm, should be good enough for today.

        • BaldProphet@kbin.social
          link
          fedilink
          arrow-up
          5
          arrow-down
          2
          ·
          1 year ago

          The Second Amendment doesn’t say that it only applies to guns with 3-round magazines or muskets. It applies to all arms.

          • RememberTheApollo_@lemmy.world
            link
            fedilink
            arrow-up
            1
            arrow-down
            2
            ·
            edit-2
            1 year ago

            Ah yes, because the authors could have foreseen personal arsenals, rampant use of guns in crimes, etc. Bullshit argument, that.

            It applied to the arms that existed at the time. Funny how 2A’ers are simultaneously originalists (they meant guns for everyone!) and then shun the framework in which the original 2A was written - single fire rifles for protection on the frontier, protecting a growing nation without a large standing military, and to put food on the table.

            • BaldProphet@kbin.social
              link
              fedilink
              arrow-up
              4
              arrow-down
              1
              ·
              1 year ago

              The Second Amendment is a legal document. The only legal way to change it’s meaning (that the right of the people to keep arms shall not be infringed) is to amend it to limit the definition of “arms”. As written, the Second Amendment covers all weapons, and at the time of its ratification that included modern naval warships and artillery pieces.

              • RememberTheApollo_@lemmy.world
                link
                fedilink
                arrow-up
                1
                arrow-down
                2
                ·
                edit-2
                1 year ago

                When you can’t win the framing of the argument, go for technically correct. IOW, I do care what they thought, it says I get to have a fuckton of guns and a battleship. Must be disappointing to not be able to own a personal and navy for some.

                You’re not gonna bend me. The 2A has been bastardized and fucked over as a political football and twisted to allow people to have personal arsenals. Guns were a tool. Fuckers have turned them into statements and fashion accessories.

                • BaldProphet@kbin.social
                  link
                  fedilink
                  arrow-up
                  3
                  arrow-down
                  1
                  ·
                  1 year ago

                  As long as the government has them, I need them. Disarm the government and I’ll be marginally more open to compromise.

                • Jeremy [Iowa]@midwest.social
                  link
                  fedilink
                  English
                  arrow-up
                  1
                  arrow-down
                  2
                  ·
                  1 year ago

                  You’re not gonna bend me.

                  That is generally the case when one is operating on sheer, blind faith rather than an understanding of the subject.

          • ScornForSega@lemmy.world
            link
            fedilink
            arrow-up
            1
            arrow-down
            2
            ·
            1 year ago

            A piece of plastic is not an arm.

            Doesn’t matter if it’s a 30 round magazine or a bump stock.

            This idea that somehow the second amendment is unlimited is unprecedented and insane.

        • Jeremy [Iowa]@midwest.social
          link
          fedilink
          English
          arrow-up
          3
          arrow-down
          1
          ·
          1 year ago

          When they wrote the amendment a single-fire cap and ball was perfectly acceptable as a firearm, should be good enough for today.

          Applied slightly differently - When they wrote the amendment, civilians had complete parity with military - should be the same today.

        • Kalcifer@lemm.ee
          link
          fedilink
          arrow-up
          1
          ·
          1 year ago

          The 2nd Ammendment doesn’t specify that one has the right to keep and bear arms that were made when it was written, nor any other arms specifically. It, instead, states that one has the right to keep and bear arms, in the general sense, and such a right should not be infringed. Any deviation from the general interperetation is an infringement on one’s rights. One does have to think about what objects are themselves as arms, but this exclusive mentality is very different from an inclusive mentality.

      • Honytawk@lemmy.zip
        link
        fedilink
        arrow-up
        3
        arrow-down
        10
        ·
        1 year ago

        Yes, and flintlocks are arms as well.

        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.

        • BaldProphet@kbin.social
          link
          fedilink
          arrow-up
          5
          ·
          1 year ago

          Show me where the Second Amendment states that it only applies to weapons available at its ratification. By that logic, the First Amendment only applies to forms of speech and communication that existed in 1791.

      • mctoasterson@reddthat.com
        link
        fedilink
        arrow-up
        27
        arrow-down
        3
        ·
        1 year ago

        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.

          • willis936@lemmy.world
            link
            fedilink
            arrow-up
            9
            arrow-down
            1
            ·
            edit-2
            1 year ago

            You realize “repeating arm” is essentially an AR-15? If you think the second amendment covers repeating arms like the AR-15 then what is your argument?

        • ChonkyOwlbear@lemmy.world
          link
          fedilink
          arrow-up
          2
          arrow-down
          1
          ·
          1 year ago

          Cartridges didn’t exist at the time of writing the 2nd. None of those guns used them and the authors of the 2nd had no idea such a thing would be developed. Rifling in firearms was a niche modification that required hand etching of the barrel and not commonly used nor available until the mid 19th century. The founding fathers had no conception of the reliability, accuracy, or speed of modern firearms.

      • BaldProphet@kbin.social
        link
        fedilink
        arrow-up
        4
        ·
        1 year ago

        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.

      • Kalcifer@lemm.ee
        link
        fedilink
        arrow-up
        9
        arrow-down
        7
        ·
        1 year ago

        The 2nd Amendment specifically says “the right to bear arms”, not “the right to bear muskets”.

        • Alex@lemmy.ml
          link
          fedilink
          arrow-up
          1
          arrow-down
          6
          ·
          1 year ago

          It also says it’s so you can have well regulated militias but the wording is vague about the link between the two.

          • HelixDab2@lemm.ee
            link
            fedilink
            arrow-up
            8
            arrow-down
            1
            ·
            1 year ago

            In the context of the constitution, “regulated” means “trained”. So rather than meaning a militia that is heavily regulated by the state, they’re talking about trained people. Moreover, it was understood that the people that were being called up were armed with their personal weapons–not supplied by the gov’t–and that they were going to be shooting on their own time.

            The frames of the constitution intended the people to have access to military arms, to be training themselves in their use, and to be ready to use them at a moment’s notice.

            They opposed a standing military and police force for all the reasons that we’ve seen over the last (almost) 250 years.

            • Alex@lemmy.ml
              link
              fedilink
              arrow-up
              1
              arrow-down
              2
              ·
              1 year ago

              So does the training include keeping weapons safely and not waving them around in provocation? Are there mental health standards to meet? Or does it just mean someone knows where the trigger is?

              • HelixDab2@lemm.ee
                link
                fedilink
                arrow-up
                2
                ·
                1 year ago

                keeping weapons safely

                Interestingly enough, that was a legal obligation in the colonies; powder could not be stored in the house because it was an explosive risk. Currently, some states have safe storage requirements, but they’re legally unenforceable.

                waving them around in provocation

                That’s called brandishing, and it’s a crime by itself in most states.

                Most training starts with safety, and progresses through basic marksmanship. I learned most of that from my father, grandfather, scoutmaster, and the RSO at Boy Scout Camp, and it’s been further reinforced by every RSO at every range and competition I’ve been too.

  • some_guy@lemmy.sdf.org
    link
    fedilink
    arrow-up
    33
    arrow-down
    32
    ·
    1 year ago

    “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.

    • Liz@midwest.social
      link
      fedilink
      English
      arrow-up
      21
      arrow-down
      6
      ·
      1 year ago

      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.

        • Jeremy [Iowa]@midwest.social
          link
          fedilink
          English
          arrow-up
          7
          arrow-down
          7
          ·
          1 year ago

          Interestingly enough, the lady doesn’t seem to have died in her sleep - that a firearm did, indeed, stop that invasion. Weird, that.

          I’m interested in seeing your sources comparing frequency of defensive use of firearms to frequency of firearm suicides. When making such a bold assertion, surely you’ve got actual data and aren’t just talking out of your ass… right?

          Right?

            • Jeremy [Iowa]@midwest.social
              link
              fedilink
              English
              arrow-up
              2
              ·
              1 year ago

              Which is perfectly fitting in response to an absurd, reductionist generalization.

              You seem to be rather one-sided in your application of criticism.

          • 【J】【u】【s】【t】【Z】@lemmy.world
            link
            fedilink
            arrow-up
            3
            arrow-down
            8
            ·
            edit-2
            1 year ago

            The last refuge of the gun proponent pertains to the issue of self-defense. This is certainly a major perceived reason for the private ownership of guns. In a 1979 survey, when asked why they possessed a gun, 20% of all gun owners and 40% of handgun owners cited self-defense as the reason. It is unfortunate that these people may be operating under a delusion, having subjected themselves and their families to great danger in the guise of self-protection. One study examined the number of times a gun is used in self-defense against the risk of having a gun in the home in King County, Washington. The risks measured by the authors were the cumulation of “death from unintentional gunshot wounds, homicide during domestic quarrels, and the ready availability of an immediate, highly lethal means of suicide.” The authors conclude that for every instance of a death resulting from defensive use of a gun, there were 43 gun deaths resulting from domestic fights, accidents, or suicides.

            Can you not do math? This isn’t at all in dispute. Having a gun in your home makes you exponentially more likely to be killed by a gun. You are perhaps tenfold more likely to shoot a family member than an intruder.

            • trafficnab@lemmy.ca
              link
              fedilink
              arrow-up
              7
              ·
              1 year ago

              Did you know that owning a car makes you exponentially more likely to die in a car accident?

            • Jeremy [Iowa]@midwest.social
              link
              fedilink
              English
              arrow-up
              4
              arrow-down
              2
              ·
              1 year ago

              I see you didn’t respond to what was stated. As a reminder:

              I’m interested in seeing your sources comparing frequency of defensive use of firearms to frequency of firearm suicides. When making such a bold assertion, surely you’ve got actual data and aren’t just talking out of your ass… right?

              Right?

              This, even before your additional questionable conclusion from what is clearly an source so unbiased you cannot taint its unbiasedness by… actually showing support for your position.

              I’ll consider your criticism regarding math when you’ve polished up those reading skills.

    • BombOmOm@lemmy.world
      link
      fedilink
      English
      arrow-up
      23
      arrow-down
      13
      ·
      1 year ago

      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.

    • nBodyProblem@lemmy.world
      link
      fedilink
      arrow-up
      9
      ·
      1 year ago

      Under this logic, why do we have exemptions for police? Why does almost every single police department issue handguns with a capacity of 15 or more?

      • KillAllPoorPeople@lemmy.world
        link
        fedilink
        arrow-up
        1
        arrow-down
        4
        ·
        1 year ago

        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?

        • BaldProphet@kbin.social
          link
          fedilink
          arrow-up
          5
          ·
          1 year ago

          I don’t agree with the premise that the government can be better armed than me in peacetime. Disarm the cops.

        • nBodyProblem@lemmy.world
          link
          fedilink
          arrow-up
          4
          ·
          1 year ago

          It only makes sense for cops to have an exemption if we first accept the premise that standard capacity magazines have utility for personal protection, and not just to shoot into crowds.

          The police response to BLM riots is the perfect example of why I think it’s important for the populace to be just as well armed as the government.

    • Jax@sh.itjust.works
      link
      fedilink
      arrow-up
      10
      arrow-down
      7
      ·
      edit-2
      1 year ago

      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.

    • bobman@unilem.org
      link
      fedilink
      arrow-up
      8
      arrow-down
      20
      ·
      1 year ago

      I was gonna throw in some sarcastic humor

      Good. It was probably going to be a lame reddit-joke, anyways.

      I wish you people would realize you’re not as funny as you think you are.

        • bobman@unilem.org
          link
          fedilink
          arrow-up
          2
          arrow-down
          2
          ·
          1 year ago

          Errr… what? I clearly said what I thought.

          “I wish you people would realize you’re not as funny as you think you are.”

          What’s your point? Lol.