this post was submitted on 24 Sep 2023
523 points (97.1% liked)

News

23367 readers
2641 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
 

California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.

The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.

This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.

you are viewing a single comment's thread
view the rest of the comments
[–] BaldProphet@kbin.social 3 points 1 year ago (12 children)

I mean... perhaps you aren't a native English speaker? The text of the law is literally unlimited. Any weapon restriction is an infringement of the right to keep and bear arms.

[–] ScornForSega@lemmy.world -1 points 1 year ago (11 children)

Perhaps you're not an American? Perhaps you don't know the history of your own country?

From Jefferson and Madison banning guns on campus to gun control being commonplace in the old west to the 1934 NFA that outlawed sawed off shotguns to the 1986 NFA that banned full-autos, it has never been unlimited.

Former chief justice Warren Burger called this out in 1991. That's what conservatism used to look like. What you're parroting is NRA propaganda. It's unprecedented and it's insane.

[–] jeremy_sylvis@midwest.social 1 points 1 year ago (2 children)

I'd argue handwaving away rejections of your own nonsense - which appears to hinge on anything but the actual amendment and its intent - as mere "NRA propaganda" is both actively preventing useful, rational discourse and highlighting the extent to which you retreat behind your own biases rather than confront being wrong.

[–] ScornForSega@lemmy.world 0 points 1 year ago* (last edited 1 year ago) (1 children)

Ooh, cherry picking from a Heller lawyer, I'm sure that's unbiased.

edit: I liked the part where he mentions the first draft of the Virginia state constitution but not the final draft, but then omits the first draft of the US constitution. Delicious cherries.

Another one: The use of "bear arms" in an 18th century context almost always meant "in military service." Scalia even acknowledges this, but says only when used in "bear arms against."

But it doesn't matter. Halbrook points out that the Pennsylvania declaration of independence says: "That the people have a right to bear arms in defense of themselves and the State." Ok. Why is "in defense of themselves" a specifically enumerated right? Because the term "bear arms" doesn't apply to self-defense otherwise.

And self-defense was not the point of the second amendment, the security of a free state was.

I guess it makes a lot of sense when you just ignore all counterfactual evidence.

It's simple. For 220 years, this was not an individual, unlimited right. Then Scalia hand waved away two centuries of precedent and decided the text magically aligned with his activist agenda.

[–] jeremy_sylvis@midwest.social 1 points 1 year ago

Ooh, cherry picking from a Heller lawyer, I’m sure that’s unbiased.

I'm not sure how referencing something directly relevant to the subject and the quibbling about its intent. Perhaps you could walk us through that reasoning.

edit: I liked the part where he mentions the first draft of the Virginia state constitution but not the final draft, but then omits the first draft of the US constitution. Delicious cherries.

Another one: The use of “bear arms” in an 18th century context almost always meant “in military service.” Scalia even acknowledges this, but says only when used in “bear arms against.”

You... do understand picking two references out of the entire document is actually cherry picking, right? Are you seriously so blatantly trolling?

But it doesn’t matter. Halbrook points out that the Pennsylvania declaration of independence says: “That the people have a right to bear arms in defense of themselves and the State.” Ok. Why is “in defense of themselves” a specifically enumerated right? Because the term “bear arms” doesn’t apply to self-defense otherwise.

And self-defense was not the point of the second amendment, the security of a free state was.

You do understand these two ideas are incompatible, right? Even aside from how that quite clearly highlights the intent was not just "defense of the state". Had you bothered to read to the following page, you'd have seen that - but I suppose that's not really in line with your cherry-picking, is it?

I guess it makes a lot of sense when you just ignore all counterfactual evidence.

Irony.

It’s simple. For 220 years, this was not an individual, unlimited right. Then Scalia hand waved away two centuries of precedent and decided the text magically aligned with his activist agenda.

Rather, it was not interpreted as such; its intent has always been quite clear.

It's simple, once put in a position to have to do more than rely on previous precedent, referring to the actual history of the amendment required course correction.

load more comments (8 replies)
load more comments (8 replies)