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America's Gun Culture...


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"..............On Friday, a federal judge threw out the ban, ruling that it violates the Second Amendment to the U.S. Constitution.

"The Second Amendment is about America's freedom: the freedom to protect oneself, family, home, and homeland," Judge Roger Benitez wrote for the U.S. District Court for the Southern District of California. "California's assault weapon ban disrespects that freedom."

California Gov. Gavin Newsom called the decision "a direct threat to public safety," and state Attorney General Rob Bonta has said the state would appeal.

Courts differ on whether assault weapons bans are constitutional. That's because the Supreme Court has never actually heard a case testing their constitutionality.........

........."the opinion contains some rhetorical flourishes and argumentative portions that I don't believe strike the right tone for a judicial issuance."

 

One such rhetorical flourish came at the start of Benitez's opinion.

The judge compared the AR-15 to a "Swiss Army Knife," calling it "a perfect combination of home defense weapon and homeland defense weapon." Benitez, appointed to the bench in 2003 by President George W. Bush, repeatedly criticized the state's ban as a "failed experiment" that "has had no effect" on mass shootings in the 30 years it was enacted.

The opinion reads like it's written "by an AR-15 salesman rather than a constitutional analyst," said Larry Tribe, professor emeritus of constitutional law at Harvard Law School.

"The bias fairly drips from the opinion, and the analysis certainly does not follow from the Supreme Court's jurisprudence about the Second Amendment."..........

 

It's very likely that the Ninth Circuit Court of Appeals will ultimately reverse Benitez's ruling, said Kopel, because "no pro-Second Amendment has ever survived in the Ninth Circuit."

After that, legal observers say, it's possible the Supreme Court will step in to settle the matter. But that's far from certain............"

:unsure:

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13 hours ago, mr6666 said:
One such rhetorical flourish came at the start of Benitez's opinion.

The judge compared the AR-15 to a "Swiss Army Knife," calling it "a perfect combination of home defense weapon and homeland defense weapon." Benitez, appointed to the bench in 2003 by President George W. Bush, repeatedly criticized the state's ban as a "failed experiment" that "has had no effect" on mass shootings in the 30 years it was enacted.

 

:unsure:

 

This is an automatic assault version of a Swiss Army Knife.  :D

 

1964-johnny-seven-oma-toy-gun_1_902b43f3

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Regarding the finding on the CA Assault Weapon ban:     I can see current make-up of the Supreme Court determining that the CA law did violate the 2nd Amendment. 

 The law does appear to be poorly written;  e.g.  banning the look and name of guns instead of restricting specific specifications.   

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6 minutes ago, NipkowDisc said:

he certainly makes more sense than liberal democrat politicians.

He appears to be criticizing do nothing, thoughts and prayers Republicans.  But you are so down that rabbit hole you cannot even see that.

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  • 4 weeks later...

How to dramatically reduce gun violence in American cities-

"...........Gun violence in the US is often talked about as if it’s a single problem. But it’s really at least four different ones: suicides, urban gun violence, domestic violence, and mass shootings. Suicides are the majority of the nearly 40,000 gun deaths in the US in 2017. But urban violence is the second biggest category, making up a majority of the 14,000 gun homicides that same year.

“Since October 2001, 410 people have died in domestic terrorist attacks and 520 have died in mass shootings,” Abt writes. “During that same period, at least one hundred thousand lost their lives to urban violence.”

While rates of crime and violence have declined since the 1990s, the decline has been uneven. Since 1991, homicide rates have fallen by 86 percent in New York City and 73 percent in Los Angeles. But they have increased in Indianapolis (up 64 percent), Pittsburgh (53 percent), Phoenix (23 percent), and Baltimore (13 percent). And America still leads the developed world in gun violence.

Bleeding Out makes a compelling case that there is a path forward.........

 

t won’t be easy. That’s not because it’s expensive; Abt estimates his proposal would save thousands of lives over the next decade and add up to less than 0.5 percent of Chicago’s or Baltimore’s annual budgets.

But it would involve a reorientation in how America approaches urban violence — requiring police, public health agencies, and activists to come together and stick to an approach that may contradict what they’ve been told or believed before...........

https://www.vox.com/policy-and-politics/2019/7/12/20679091/thomas-abt-bleeding-out-urban-gun-violence-book-review

:unsure:

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4 minutes ago, jamesjazzguitar said:

Hopefully a higher court throws this bogus case to the curb.

 

 

 

Smith and Wesson is a manufacturer NOT a gun dealer legal or not.

So Ford could be sued if their car is used as a deadly weapon. :huh:

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56 minutes ago, hamradio said:

 

Smith and Wesson is a manufacturer NOT a gun dealer legal or not.

So Ford could be sued if their car is used as a deadly weapon. :huh:

Filing this bogus case just shows the desperation of gun-control activist.

 

 

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"The plaintiffs filed a lawsuit in June 2020 claiming that Smith & Wesson breached state law by manufacturing the M&P15 rifle to be easily changed into an assault weapon, Reuters reported.

The “M&P” in the name of the gun reportedly stands for “Military and Police,” even though they were largely sold to civilians, according to Reuters.

The lawsuit claimed that the company used marketing tactics “that attracted impulsive young men with military complexes who were particularly likely to be attracted to the unique ability of AR-15 style weapons,” according to the wire service.

They argued that potential mass shooters would be attracted to the marketing of the gun, including Earnest.

The judge determined that the legal action at hand was under an exception to the PLCAA that permits lawsuits to be filed against gun manufacturers or sellers when state law is breached, according to Reuters. He said the lawsuit argues that the the company violated California’s Unfair Competition Law, which prohibits deceptive marketing, thus being eligible for the PLCAA exception."
This reminds me of the 2003 movie Runaway Jury based on a John Grisham novel.  Same sort of premise for the complaint.  The manufacturer knowingly sold a gun that could be turned into an assault type weapon.
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  • 2 weeks later...
  • 2 weeks later...

Today, South Carolina's new open carry law goes into effect.  Anyone who has been "trained" can openly carry firearms.  The "training" was a last minute addition by GOPers to try and get it passed.  Also, to mollify local governments, law enforcement and others opposed to it.   The act also eliminated the background checks fees for concealed weapons permits.  Carrier must have a permit which can be obtained by submitting documentation of "training."  The regulations just note training on state gun laws and so forth and actually firing 25 rounds in presence of instructor.

Welcome to the Wild South.

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2 hours ago, ElCid said:

Today, South Carolina's new open carry law goes into effect.  Anyone who has been "trained" can openly carry firearms.  The "training" was a last minute addition by GOPers to try and get it passed.  Also, to mollify local governments, law enforcement and others opposed to it.   The act also eliminated the background checks fees for concealed weapons permits.  Carrier must have a permit which can be obtained by submitting documentation of "training."  The regulations just note training on state gun laws and so forth and actually firing 25 rounds in presence of instructor.

Welcome to the Wild South.

South Carolina the only state?

Kentucky

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Tennessee

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Oklahoma

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