this post was submitted on 24 Apr 2024
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Progressive Politics, Gun Control, Single Payer Healthcare and Free Abortions for All!
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I’m no ConLaw expert, but AFAIK the doctrine remains that the Bill of Rights restricts primarily the federal government, save for 5A and 7A and using either clause to use 2A to override state gun control by all accounts remains a jurisprudential Faustian bargain no justices have yet been willing to make.
Hmm maybe my information is out of date or I just need to review. Which case incorporated 2A? Was it more recent than DC-Heller?
Just so I’m on the same page, we’re still talking about the first 10 (not 13-15, 19, etc.) and the question is whether 2A renders state gun control unconstitutional?
~~Edit: Also assuming the latter is true, are we then to read 2a as a guarantee to possession of these weapons to citizens carte blanche?~~
Then we need to overhaul the court systems and multiply their bureaucratic size and process to satisfy the grand jury requirement of 5A and the civil jury trial right of 7A.
And assuming 2a renders state gun control unconstitutional, I presume then we read 2A as a carte blanche guarantee to possession of these weapons to citizens.
This is what we propose, yes?
States do not because as of yet, 5’s grand jury requirement, 6’s criminal jury trial right, and 7’s civil jury trial right have not been interpreted as binding upon the states.
I agree that’s the precedent, but I’m unclear where we should place that threshold of violation. Presumably somewhere on the scale of TX to NY? Perhaps… IL?
(Apologies, got busy at work.) Yes I’d have thought so too. There might be a list which jurisdictions where it’s available.
I suspect the lack of precedent for their incorporation among the amendments binding the states comes down to just the budgetary requirements for expansion. As long as it remains unreasonable or impossible to enforce without effectively being taken over by federal, these exceptions remain.
2A might be similar in principle, since there’s no one-size-fits-all doctrine that can be realistically applied besides either zero regulation or a complete ban, both of which would risk a great deal of legitimacy.
I’m with you re: gun control. Tools not toys. Many tools are dangerous enough to require proof of competency or purpose, and some can only be used in certain situations. Surely a tool whose purpose is danger shouldn’t be the exception.
Yeah I avoid debating weapon class bans because it always amounts to an arbitrary threshold on the scale of potential kill rate, and people sporting desert storm kits at the grocery store do all the talking anyway.
Training is the regulation I think my fellow progressives should back. Do that correctly and the rest takes care of itself. Anti-gun messaging clearly isn’t working. Instead, embrace gun ownership as a public service wed to demonstrated responsibility and discipline, since safety is the actual goal.
By discipline I mean require training, make it rigorous and cheap, and make regular shooting mandatory for permit renewal. Require inspections for proper maintenance and adherence to storage safety protocols. Offer specialist certifications for more exotic equipment. Basically, make sure would-be gun owners respect the weapon, understand the responsibility they’re taking on, and are equipped to use them safely and proficiently. Done right, civilians seeking military outfitting would face the same requirements as equivalent military personnel, so that they might as well just become a reservist.
Every hooah 2a person I’ve known would be all for this. But they take guns seriously and aren’t contributing to the statistics. The actual unsafe assholes, who make guns a national problem, wouldn’t bother owning guns if there was work involved. It may not be popular (yet) among “liberals” but lots of countries with high rates of gun ownership and low gun violence handle regulation this way.