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kuhla

Gun Laws

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I watched the whole video and I don't like it. He talks about no longer having regular communication with the NRA but then goes on to practically trip over his own feet to apologize/justify what they have done so far to date. At this point in history, people need to make it clear if they are connected with the NRA or not and anything less than that feels decieving. Beyond that, the facts that he presented did not convince me Mulford Act was not primarily created and passed in reaction to the armed Black Panthers.

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21 hours ago, Malaphax said:

I'd heard anecdotally that gun sales were way up, especially among first time buyers, but this article includes some ATF statistics which confirm that fact. 

https://www.npr.org/2020/07/16/891608244/protests-and-pandemic-spark-record-gun-sales

I saw a lot of anecdotes on reddit too about that.

In many ways I feel it is a positive sign but there is a part of me that is a little concerned with the idea of a huge influx of first time buyers. It was a panic purchase for them so do they have any sort of plan to be responsible with their new purchase? Are they going to go to the range periodically and practice? Are they going to store it safely?

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Yea it's a mixed bag.  On the one hand, I have a strong feeling that 40% of recent purchasers in more restrictive states like California, just got a taste of all the hoops they needed to jump through: Firearms Safety Certificate, 10 day (or more) DROS, background checks for ammo, safe storage requirements, etc.  I'm hoping that most of these people suddenly came to the realization that buying a gun was a long and somewhat onerous process.  I'm also hoping that since these new buyers had to take the firearms safety exam before purchasing that they now have at least the bare minimum of safety knowledge and safe storage knowledge - but I recognize that's probably me being way too optimistic. 

I suspect that since most ranges are shut down or providing limited service, and ammo prices are sky high, that very few of these new buyers were spending any significant time at the range practicing.

I sincerely and truly hope, that the majority of these gun sellers and range operators take extra care to be kind and cordial towards these new gun buyers because this could honestly be a make or break for gun legislation in California and Federally.  If new gun owners are treated with respect and given some basic education we could genuinely see a large shift away from some of the more onerous gun control laws that are currently being considered (and possibly even relax some current laws).  I know this is me basically making a wish upon a star, but I do believe that new gun owners are crucial in helping take away some of the more common stigmas about gun owners (predominantly white, rural and politically conservative) and help pressure legislators to stop creating new and unnecessary gun laws. 

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Minor bit of news, the New York AG is currently attempting to dissolve the NRA. 

https://www.cnbc.com/2020/08/06/new-york-nra-lawsuit-ag-james-accuses-gun-group-execs-of-self-dealing.html

There are multiple issues with the NRA, not the least of which is their leadership.  There are other better organizations like the 2nd amendment foundation or the gun owners of America and others that would increase in size if the NRA is shut down.

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Duncan vs Bacerra was ruled by the 9th circuit court of appeals today that standard capacity magazines are protected under the second amendment. 
There currently IS NOT a "freedom week" situation.  However a new order from Judge Benitez could open up a new freedom week, although that is extremely unlikely. 

Current estimates is that this will be immediately appealed and go to an en banc panel from the 9th circuit.

One key element is that the 9th circuit judges ruled that "strict scrutiny" should be applied to the 2nd amendment.  That's the harshest form of scrutiny and if this does become precedent it could have large implications on how future 2nd amendment legislation is handled by the judiciary. 

This breakdown is provided by the Firearms Policy Coalition:
https://www.firearmspolicy.org/9th-circuit-holds-large-capacity-firearm-magazines-protected-2nd-amendment

 

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There's an increasing likelihood that the Supreme Court is going to need to rule on magazine capacity. 

Currently the 9th circuit federal appeals court (3 judge panel) ruled that standard capacity magazines were protected by the 2nd amendment.  This is pending an en banc review and could theoretically be overturned. 

The 3rd circuit court has now ruled that standard capacity magazines are NOT protected by the 2nd amendment. 
https://reason.com/2020/09/01/3rd-circuit-federal-appeals-court-says-large-capacity-magazine-bans-are-ok/

When a circuit split like this happens we see the cases get bumped up to the Supreme Court.  But none of this will move quickly, and I suspect even if this does end up in the supreme court it's going to be another 2-3 years from now. 

Ranting/Ravings under the spoiler

Spoiler

The supreme court and more specifically chief justice roberts pulled some grade A political bullshit and declined to hear 10 fucking cases back in June because he believed that ruling on a divisive issue during the current political turmoil wasn't a good look. 
So all these cases that had been piling up for 5-10 years were dismissed, and considering how often this stuff keeps coming up we're most likely going to see another 2nd amendment case come up to SCOTUS sometime in the next few years. 
I think his move was cowardice.  He didn't want to "give a big win" to conservatives and possibly helping out the trump campaign, or "switch sides" and join the liberals which would have incensed the republicans and possibly led to even more court stacking or even more aggressively conservative justices being nominated in the future.  I get that the Supreme Court tries to be politically neutral and that's incredibly hard when they have to make extremely difficult decisions that affect the entire nation - but that's literally their fucking job.  There's basically no chance the 2nd amendment is going to get changed, so they need to sack up and rule on it.  I'm sick of this goddamn patchwork of bullshit that literally makes you a felon depending on the state you're in, and sometimes even the city. 

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