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this post was submitted on 27 Dec 2023
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Ah yes, the "If it's not going to stop 100% of the problem, let's not do it at all" bullshit.
That old chestnut.
If random check stops don't stop 100% of drunk drivers, why do them at all. Your just punishing the drivers who AREN'T driving drunk!
If seatbelts don't save 100% of lives, why regulate that we wear them. Muh Freedums!!
It bullshit excuses made by people with literally nothing of any real sense to fall back on.
Not on that guy's side, but he didn't strictly say that we shouldn't have those laws.
He said that if you're siteing a case where we did have those laws and a bad thing happened as an example for why we need laws like that in place to stop the bad thing from happening, it falls a little flat.
Not that the idea of having laws like that is bad, but citing individual cases is flawed, as no amount of regulatory structure will ever prevent 100% of cases.
To frame it a different way, I could argue that there's literally no country on earth with strong enough gun laws, because there's no country with zero gun deaths. I could argue that we need random searches of people homes to try and find guns, or imprisoning people who talk about guns, because the current laws clearly aren't good enough because people are still getting shot. Doesn't matter if it was only 1 incident in the past 30yrs. Still happened, so we need stricter laws.
That's obviously an absurd level of hyperbole, and I want to reiterate that I'm all for regulation on firearms. Just wanted to point out that the core argument here is unideal.
Well, in MY state random stops ARE illegal. Thanks Oregon! Frankly, I'm surprised more states haven't done that.
https://romanolawpc.com/oregon-dui-checkpoints/
There are things that CAN be done, you just have to start with rejecting the idea of "hurrr durrr take all the guns" because that can't be done due to the 2nd amendment.
In THIS case, we know the two kids already had priors for car burglaries.
So #1) You find out who legally owned those guns, then you charge them with improper storage and/or failure to report a stolen weapon.
#2) When kids are arrested for a crime like burglary, you search their homes to make sure weapons weren't anything that were burgled.
“The solution to ensuring our freedom to own guns is to restrict all our other freedoms. “
Our other freedoms aren't restricted though.
Children steal a car and have their private property ransacked by the cops in case they have a gun. That was your suggestion was it not?
Tbf if you steal a car your rights are usually "infringed upon." They call it "jail."
They didn't steal a car, they burgled cars, big difference. But yeah, if the cops recover a stolen car and the owner goes "Hey, where's my gun?" Yeah, the cops absolutely need to be serving a search warrant.
Your rights protecting you from illegal search and seizure don't come into play when there's probable cause and a search warrant.
Wow you're a moron
Really? Well, what would your solution be?
Keep in mind, banning guns is not an option because of the 2nd Amendment and changing the 2nd amendment is currently a political impossibility.
Sooo? Thoughts?
The second amendment refers to a well regulated militia and bearing arms. It gives the right to possess guns by militia members.
The Second Amendment also states its purpose expressly: to protect the security of the state. If the "let everyone have whatever guns" approach is a threat to state security, then obviously that approach isn't protected by the Second Amendment.
Your version of the Second Amendment is a right-wing lie, not borne out by law books, history books, or dictionaries.
Again, rendered irrelevant by the Supreme Court rulings in Heller and McDonald:
https://supreme.justia.com/cases/federal/us/554/570/
"The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53."
Further, they explain their reasoning:
"As we will describe below, the “militia” in colonial America consisted of a subset of “the people”—those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to “keep and bear Arms” in an organized militia therefore fits poorly with the operative clause’s description of the holder of that right as “the people.”"
This reading is pretty obvious when you look at the text of the 2nd Amendment:
"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."
The right of the PEOPLE to keep and bear arms, not the right of the MILITIA to keep and bear arms.
Yes, this is a radical supreme court that is ignoring 200 years of president. In order to come up with these bullshit rulings. They aren't going to last more than a couple of decades.
We should hope so, but then it took 50 years to overturn Roe... so...
Right now, the court is 6-3 conservative.
If Biden wins in '24 and the Dems win again in '28, that gives a solid chance at replacing Thomas and Alito. Thomas is 75, Alito is 73. So 84 and 82 by 2032.
That would flip the court 5-4 liberal.
But the next 3 after that are Roberts, Sotomayor and Kagan. Roberts has been somewhat of a check on the crazier judges, losing these three under a Republican President would lock in Conservative rule for the better part of a century.