Repeal the Second Amendment

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what are the ramifications of this (assuming it is upheld on appeal)?

― Mordy, Thursday, June 9, 2016 1:23 PM (1 minute ago) Bookmark Flag Post Permalink

I don't think they're that significant, necessarily, except in the sense of maybe halting or slowing a further progression toward expanded gun rights.

But first of all Supreme Court appeals are not as of right, they have to take cert (i.e. you have to petition them to take the case and they have to decide to hear it). When they don't hear a case, the decision stands as the law within that circuit but doesn't bind other circuits.

If the Supreme Court takes cert and holds that the decision is broadly correct, it looks like that would simply mean that things remain as they are, i.e. states are permitted to have laws restricting or banning concealed carry of firearms. There's only a real change in the state of things if (1) the Supreme Court takes cert AND (2) the Supreme Court reverses and holds that concealed carry bans or restrictions somehow violate the second amendment (or that they do in certain circumstances).

I think that's correct, anyway, I didn't do a careful read of the opinion or survey other recent cases.

socka flocka-jones (man alive), Thursday, 9 June 2016 18:32 (seven years ago) link

Are there circuits that have held that concealed carry restrictions are unconstitutional? There's usually a much greater chance of cert being taken if there is a "circuit split," i.e. a conflict in the interpretation of law between two circuits.

socka flocka-jones (man alive), Thursday, 9 June 2016 18:33 (seven years ago) link

yeah this is good but I'm not sure it's a big deal

Οὖτις, Thursday, 9 June 2016 18:33 (seven years ago) link

xps There are dozens of states that would never dream of limiting concealed carry, or letting cities within that state limit cc either. Still, it is a rare loss for the NRA.

a little too mature to be cute (Aimless), Thursday, 9 June 2016 18:34 (seven years ago) link

Of course there are, but this decision has no impact on those states. The NRA only "lost" inasmuch as it didn't gain.

socka flocka-jones (man alive), Thursday, 9 June 2016 18:37 (seven years ago) link

I guess it's good inasmuch as *maybe* it will discourage challenges in other circuits. But I doubt it, especially since the 9th is on the liberal end.

socka flocka-jones (man alive), Thursday, 9 June 2016 19:02 (seven years ago) link

article limits are why people don't bother to read news outside of facebook anymore

Nhex, Sunday, 12 June 2016 00:06 (seven years ago) link

Ugh, sorry about that. Heard about this from my daughter. Some finalist from some season of the Voice reportedly shot dead at a fan meet and greet by a dude packing multiple weapons.

Josh in Chicago, Sunday, 12 June 2016 02:13 (seven years ago) link

not blaming you, just the dying media

Nhex, Sunday, 12 June 2016 02:39 (seven years ago) link

hurry up on this imo

nomar, Sunday, 12 June 2016 12:46 (seven years ago) link

Bump

Οὖτις, Sunday, 12 June 2016 13:20 (seven years ago) link

nra terrorists kill another fifty. fuck guns so much.

wmlynch, Sunday, 12 June 2016 17:59 (seven years ago) link

Or, you know, you could just do what Bernie Sanders doesn't want to do and put the industry out of business

http://www.huffingtonpost.com/entry/hillary-clinton-bernie-sanders-gun-control_us_56dcea34e4b0000de405063a

normcore strengthening exercises (benbbag), Sunday, 12 June 2016 18:01 (seven years ago) link

shut the fuck up

Neanderthal, Sunday, 12 June 2016 18:07 (seven years ago) link

eat my ass

normcore strengthening exercises (benbbag), Sunday, 12 June 2016 18:07 (seven years ago) link

But don't let me stop you from trying to accomplish something that will never happen in the alternative to something that could

normcore strengthening exercises (benbbag), Sunday, 12 June 2016 18:11 (seven years ago) link

that is genuinely fucking sickening

Trump is dong (bizarro gazzara), Sunday, 12 June 2016 19:11 (seven years ago) link

no more sickening than "gun rights" themselves, but yeah.

wizzz! (amateurist), Sunday, 12 June 2016 19:12 (seven years ago) link

might be time to institute a reading comprehension test in order to vote. our "conservative" friends can never seem to understand that "well-regulated militia" part of the second amendment, even though it starts the whole thing, no matter what anyone tells them

reggie (qualmsley), Sunday, 12 June 2016 19:13 (seven years ago) link

that's a really dumb idea, and it wouldn't work the way you want it to anyway

wizzz! (amateurist), Sunday, 12 June 2016 19:15 (seven years ago) link

you might also google this thing called "jim crow"

wizzz! (amateurist), Sunday, 12 June 2016 19:15 (seven years ago) link

This may have been posted previously but I just saw it today and it seems like a pertinent thing: http://www.thenation.com/article/how-the-roberts-court-undermined-sensible-gun-control/

Manspread Mann (Old Lunch), Sunday, 12 June 2016 19:41 (seven years ago) link

Or, you know, you could just do what Bernie Sanders doesn't want to do and put the industry out of business

http://www.huffingtonpost.com/entry/hillary-clinton-bernie-sanders-gun-control_us_56dcea34e4b0000de405063a

― normcore strengthening exercises (benbbag), Sunday, June 12, 2016 1:01 PM (8 hours ago) Bookmark Flag Post Permalink

you realize that merely getting rid of an immunity provision would not mean that anyone would actually succeed in these lawsuits, right? I'm sure you actually do understand that if you graduated from an accredited law school.

socka flocka-jones (man alive), Monday, 13 June 2016 02:33 (seven years ago) link

it was the one that advertised in the back of TV Guide

we can be heroes just for about 3.6 seconds (Dr Morbius), Monday, 13 June 2016 02:38 (seven years ago) link

https://pbs.twimg.com/media/CkzE0-pWEAE26zj.jpg:large

RT h/t to lagoon

6 god none the richer (m bison), Monday, 13 June 2016 02:53 (seven years ago) link

best-case scenario out of recent tragedy imo is some hugely wealthy LGBT political activists start bankrolling legal challenges to shitty gun laws, challenge the NRA etc.

Οὖτις, Monday, 13 June 2016 15:32 (seven years ago) link

lookin at you Peter Thiel

(lol not really)

Οὖτις, Monday, 13 June 2016 15:33 (seven years ago) link

they should be bankrolling legal scholars and judges who can revise the reigning interpretation of the 2nd amendment, that is ultimately the strongest hope for long-term change on this.

wizzz! (amateurist), Monday, 13 June 2016 20:00 (seven years ago) link

yup

Οὖτις, Monday, 13 June 2016 20:09 (seven years ago) link

Electing a Democrat in November who will nominate judges and justices will help.

The burrito of ennui (Alfred, Lord Sotosyn), Monday, 13 June 2016 20:10 (seven years ago) link

that too. the prospect of having a SC that strikes down prevailing interpretation becomes more likely.

Οὖτις, Monday, 13 June 2016 20:13 (seven years ago) link

amateurist and Alfred otm

socka flocka-jones (man alive), Monday, 13 June 2016 20:18 (seven years ago) link

aw that's cute

Οὖτις, Monday, 13 June 2016 20:27 (seven years ago) link

This, from the article posted in another thread, seems key:

From 1888, when law review articles first were indexed, through 1959, every single one on the Second Amendment concluded it did not guarantee an individual right to a gun. The first to argue otherwise, written by a William and Mary law student named Stuart R. Hays, appeared in 1960. He began by citing an article in the NRA’s American Rifleman magazine and argued that the amendment enforced a “right of revolution,” of which the Southern states availed themselves during what the author called “The War Between the States.”

The NRA, and the changing of the meaning of the 2nd amendment, culminating in Heller, is from it's inception tied to confederate revisionism, and, basically, ultra right-wing racism.

Frederik B, Wednesday, 15 June 2016 09:01 (seven years ago) link

it's not just the NRA--they're just the most visible group. there are a bunch of other groups exerting pressure on both right-wing legislators /and/ the NRA itself.

wizzz! (amateurist), Wednesday, 15 June 2016 09:06 (seven years ago) link

The five justices in the Heller majority were all nominated by presidents who themselves were NRA members.

jmm, Wednesday, 15 June 2016 13:11 (seven years ago) link

Such a weird coincidence.

Manspread Mann (Old Lunch), Wednesday, 15 June 2016 13:21 (seven years ago) link

Amateurist, that's kinda what I mean. I think that the fight against guns needs to focus on how much the pro-gun movement is intertwined with ultra-right wing racism. Focusing on the NRA turns it into a question for and against guns. The National Rifle Association likes rifles, we don't, but that's an honest disagreement. I think a good strategy would focus on how much the reason the NRA likes rifles is due to racism. Which seems pretty clear from the way the movement began, I think.

It's just a suggestion :)

Frederik B, Wednesday, 15 June 2016 16:24 (seven years ago) link

how much the pro-gun movement is intertwined with ultra-right wing racism

I have never been to a more multi-generational, multi-cultural event than an NRA-sponsored gun show fwiw. Every demo (men, women, rich, poor, black white brown purple lol) well represented.

Οὖτις, Wednesday, 15 June 2016 16:28 (seven years ago) link

Folks from every walk of life coming together in their shared vision of a world where every man, woman, and child has the opportunity to accidentally shoot a stranger in the face.

Manspread Mann (Old Lunch), Wednesday, 15 June 2016 16:37 (seven years ago) link

Or possibly even a loved one! Dare to dream!

Manspread Mann (Old Lunch), Wednesday, 15 June 2016 16:38 (seven years ago) link

it's true! It was deeply disorienting.

Οὖτις, Wednesday, 15 June 2016 16:39 (seven years ago) link

and everyone so excited to be there

Οὖτις, Wednesday, 15 June 2016 16:39 (seven years ago) link

I think a good strategy would focus on how much the reason the NRA likes rifles is due to racism. Which seems pretty clear from the way the movement began, I think.

It's just a suggestion :)

― Frederik B, Wednesday, June 15, 2016 9:24 AM (14 minutes ago)

makes about as much sense as the attempts to paint planned parenthood as fundamentally racist. intellectually dubious but politically expedient.

oculus lump (contenderizer), Wednesday, 15 June 2016 16:46 (seven years ago) link

Frederik hasn't found an American political issue yet which can't be solved by acknowledging America's inherent racism

Οὖτις, Wednesday, 15 June 2016 16:59 (seven years ago) link

Was just about to post that!

a 47-year-old chainsaw artist from South Carolina (Phil D.), Wednesday, 15 June 2016 17:17 (seven years ago) link


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