Gun Politics

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stessier
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Re: Gun Politics

Post by stessier »

Can't say they are wrong - our national tradition is that domestic violence escalates until a gun is used to kill someone. Makes sense.
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Re: Gun Politics

Post by LawBeefaroni »

stessier wrote: Thu Feb 02, 2023 4:04 pm Can't say they are wrong - our national tradition is that domestic violence escalates until a gun is used to kill someone. Makes sense.
One of the standard 2Aer arguments against permits and waiting periods is the domestic violence victim. Of course they're not going to do anything to make it safer for them. Keep them in peril so they too "need" a gun.
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Re: Gun Politics

Post by malchior »

More evidence that the 5th circuit is incredibly radical. Not that it'd solve the problem but sitting a more moderate judge would be helpful. Luckily the very competent Biden administration has left a seat open there for over a year without a nominee.

On the other hand I read the reasoning and it's starkly grim. Partial boil down - the founding father's didn't care about domestic violence so neither can we barring an amendment. The constitution is apparently some death pact from the beyond.
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Re: Gun Politics

Post by stessier »

malchior wrote: Thu Feb 02, 2023 4:50 pm More evidence that the 5th circuit is incredibly radical. Not that it'd solve the problem but sitting a more moderate judge would be helpful. Luckily the very competent Biden administration has left a seat open there for over a year without a nominee.
I'm assuming that it's a Republican area so blue slips would have been inplay - hopefully they are able to move on it now.
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malchior
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Re: Gun Politics

Post by malchior »

stessier wrote: Thu Feb 02, 2023 5:11 pm
malchior wrote: Thu Feb 02, 2023 4:50 pm More evidence that the 5th circuit is incredibly radical. Not that it'd solve the problem but sitting a more moderate judge would be helpful. Luckily the very competent Biden administration has left a seat open there for over a year without a nominee.
I'm assuming that it's a Republican area so blue slips would have been inplay - hopefully they are able to move on it now.
Blue slips only matter if you have a nominee. At this point, a non-crazy (read originalist) Republican judge would be a good outcome.
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stessier
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Re: Gun Politics

Post by stessier »

malchior wrote: Thu Feb 02, 2023 5:16 pm
stessier wrote: Thu Feb 02, 2023 5:11 pm
malchior wrote: Thu Feb 02, 2023 4:50 pm More evidence that the 5th circuit is incredibly radical. Not that it'd solve the problem but sitting a more moderate judge would be helpful. Luckily the very competent Biden administration has left a seat open there for over a year without a nominee.
I'm assuming that it's a Republican area so blue slips would have been inplay - hopefully they are able to move on it now.
Blue slips only matter if you have a nominee. At this point, a non-crazy (read originalist) Republican judge would be a good outcome.
But there is no point in putting forward a nominee if you know it will be shot down without consideration. I would hope they would now start putting forward candidates all over the place.
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malchior
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Re: Gun Politics

Post by malchior »

stessier wrote: Thu Feb 02, 2023 5:22 pm
malchior wrote: Thu Feb 02, 2023 5:16 pm
stessier wrote: Thu Feb 02, 2023 5:11 pm
malchior wrote: Thu Feb 02, 2023 4:50 pm More evidence that the 5th circuit is incredibly radical. Not that it'd solve the problem but sitting a more moderate judge would be helpful. Luckily the very competent Biden administration has left a seat open there for over a year without a nominee.
I'm assuming that it's a Republican area so blue slips would have been inplay - hopefully they are able to move on it now.
Blue slips only matter if you have a nominee. At this point, a non-crazy (read originalist) Republican judge would be a good outcome.
But there is no point in putting forward a nominee if you know it will be shot down without consideration. I would hope they would now start putting forward candidates all over the place.
That's why I half-seriously suggest they put forward a candidate that won't be automatically shut down. If they do, it's a case for whatever they do to break the logjam. If we take Cornyn's statement as accurate, then the Biden administration wasn't even negotiating with him which sounds about right. Though we don't know that is true because they wouldn't talk about it. Probably because of all the winning they are preparing for.
Durbin has touted the more than 100 blue slips Democrats turned over during the Trump administration, resulting in the confirmation of 84 district court judges in blue or purple states. In the first two years of Biden’s presidency, Republicans submitted just 12 blue slips for district court nominees, according to Durbin. Some Republicans have pointed the finger at the White House, however and how it prioritized blue state openings.

Texas Sen. John Cornyn said at a committee meeting last week that only in recent days had the White House expressed interest in looking at his state’s district court vacancies. The White House did not provide comment in response to CNN’s inquiry for this story.
One problem with the hapless Democrats is that they are always multiple steps behind the Republicans. It's practically a given. This is yet another case where they are at some level signaling defeat from the onset. Without reform on blue slips they have ultimately accepted the rules that allowed the Republicans to reverse pack the courts for years. Especially during the Obama years. It gave Trump the room to pack the courts with radicals. And it appears they may very well let the Republicans do it again.
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Re: Gun Politics

Post by Isgrimnur »

Reuters
A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year's U.S. Supreme Court ruling that significantly expanded gun rights.
...
Wyrick said that while the government can protect the public from dangerous people possessing guns, it could not argue Jared Harrison's "mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm."

He said using marijuana was "not in and of itself a violent, forceful, or threatening act," and noted that Oklahoma is one of a number of states where the drug, still illegal under federal law, can be legally bought for medical uses.
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Re: Gun Politics

Post by Kraken »

Huh. A pro-gun ruling that I can agree with.
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Re: Gun Politics

Post by LordMortis »

Isgrimnur wrote: Sat Feb 04, 2023 9:53 pm Reuters
A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year's U.S. Supreme Court ruling that significantly expanded gun rights.
...
Wyrick said that while the government can protect the public from dangerous people possessing guns, it could not argue Jared Harrison's "mere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm."

He said using marijuana was "not in and of itself a violent, forceful, or threatening act," and noted that Oklahoma is one of a number of states where the drug, still illegal under federal law, can be legally bought for medical uses.
Because pot smokers go for the gun. Now drinkers, I'd get. So much so, I understand completely why you can't carry your gun into the bar (around here anyway). Imaging trying to pass a law that if you drink, you can't own a firearm.
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Re: Gun Politics

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Image

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Spoiler:
It's almost as if people are the problem.
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Re: Gun Politics

Post by Isgrimnur »

ChiTrib: Downstate judge strikes down Illinois ban on high-powered guns
Macon County Judge Rodney Forbes wrote in a two-page ruling that the ban ... violates the equal protection and special legislation clauses of the Illinois Constitution.
...
An attorney for GOP state Rep. Dan Caulkins of Decatur, lead plaintiff in the Macon County lawsuit, said in a statement that Friday’s ruling applies more broadly.

Under “well-established Illinois authority” the ruling means the ban “is void, as if the law never existed, and is unenforceable in its entirety, in all applications,” Decatur attorney Jerrold Stocks said.

Caulkins’ lawsuit, which names Pritzker and Attorney General Kwame Raoul, among others, as defendants, alleges the ban violates a state constitutional provision that guarantees “no person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.”
It's almost as if people are the problem.
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Re: Gun Politics

Post by LawBeefaroni »

It's poorly written. My 10/22 is considered an assault weapon under the law, by my read. It will never hold up when it's so broadly and ambiguosly written.
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Re: Gun Politics

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NBC News: Federal judge rules Missouri state gun law is unconstitutional
A Missouri state law that declared several federal gun laws “invalid” is unconstitutional, a U.S. federal judge ruled on Tuesday, handing the U.S. Justice Department a victory in its bid to get the law tossed out.

At issue was a measure Republican Governor Mike Parson signed into law in 2021 that declared that certain federal gun laws infringed on the rights of individuals to keep and bear arms under the U.S. Constitution’s Second Amendment.

U.S. District Judge Brian Wimes in Jefferson City, Missouri, said the state’s Second Amendment Preservation Act (SAPA) violates the U.S. Constitution’s Supremacy Clause, which holds that federal laws take priority over conflicting state laws.
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Re: Gun Politics

Post by Smoove_B »

Florida House panel backs lowering age to purchase long guns:
With backing from Speaker Paul Renner, a House panel on Monday approved a bill that would lower the minimum age from 21 to 18 to buy rifles and other long guns in Florida. The bill (HB 1543) would reverse part of a 2018 law that set the minimum age at 21 after a gunman killed 17 students and faculty members at Marjory Stoneman Douglas High School in Parkland. Nikolas Cruz, then 19, used a semi-automatic rifle to carry out the attack.

The Republican-controlled House Criminal Justice Subcommittee voted 12-5 along party lines Monday to approve the bill. Under the 2018 law, people under 21 can receive rifles and other long guns as gifts but cannot purchase them. “The Florida House is restoring the ability of young adults to exercise their Second Amendment rights,” Renner, R-Palm Coast, said in a prepared statement after the vote.

"Florida allows 18- to 20-year-old adults to obtain a long gun by having it gifted to them. This bill expands Second Amendment rights and improves public safety, because it requires young adults who have the intent of purchasing a long gun to go through the background check process that is consistent with Florida law.”
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Re: Gun Politics

Post by Smoove_B »

Putting this here because it's how we're apparently supposed to deal with guns in schools. Simply require teachers be ready to deploy the magic box.



Read the article here

I guess when you remove all the books there's plenty of room to have things like this.
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Re: Gun Politics

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And in what percentage of shooter situations would that even make a difference? Most of the school shootings I recall didn't get their casualty numbers from shooters going classroom to classroom (at least not successfully - the locked doors were enough to stop them.) They usually go into one classroom and start shooting everyone there. By the time they run out of victims, the rest of the school is locked down.

That's not to say it wouldn't save any lives - it might - but not in most scenarios, and not at the cost that would be involved, and that doesn't even address the issue of classroom space. And it also doesn't address the one point that nobody likes to bring up - school shootings are the scariest type of event, but are actually a tiny, minuscule fraction of child gun deaths, and an almost irrelevantly small fraction of total firearm deaths.
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Re: Gun Politics

Post by Alefroth »

Maybe parents that don't want kids to see a drag show should just carry around a portable safe box.
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Re: Gun Politics

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Re: Gun Politics

Post by Pyperkub »

Well, this is interesting...
One of the weapons used in the deadly abduction of four Americans in the Mexican border city of Matamoros earlier this month was purchased in the United States and provided to a Mexican cartel, according to a federal court document.

Roberto Lugardo Moreno was arrested and charged with knowingly conspiring to export or send from the United States a “multi-caliber AR style pistol” for use by the Gulf Cartel, according to the criminal complaint filed Saturday in US District Court in Brownsville, Texas.

Last week, the gun was “recovered by Mexican authorities and linked to an incident involving the murders and kidnappings of US citizens which occurred on March 3, 2023 in Matamoros, Tamaulipas, Mexico,” the complaint states.
Thought about putting it in the shootings, but I guess I'll leave it here about Texas arming the Mexican drug cartels...
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Re: Gun Politics

Post by LawBeefaroni »

multi-caliber AR style pistol
FWIW, that's probably just a short barreled AR15 in 5.56/.226 (standard caliber combo). If its made wirh a barrel under 16", it's considered a pistol by the ATF as long as it doesn't have a fixed or folding stock (with a stock it's a short barreled rifle).

AR and AK pistols are favorites of gangs and cartels because they hit like an AR/AK but are more concealable. They'll trade off accuracy and max range for concealment.
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Re: Gun Politics

Post by Smoove_B »

What a coincidence!
The Florida Senate Thursday approved doing away with licensing requirements to carry a gun into most public places – but not into the Senate chamber where the bill was approved.

...

The proposal had cleared the House a week earlier on a 77–32 vote, with one Republican voting no. The bill now heads to the desk of Gov. Ron DeSantis, who has promised to sign the proposal, although it does not include an open carry provision, which he has also endorsed.

The measure does away with background checks, training, and fees to carry a concealed weapon. The Department of Agriculture has issued more than 2.6 million CWLs.
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Re: Gun Politics

Post by LawBeefaroni »

Smoove_B wrote: Fri Mar 31, 2023 9:58 am What a coincidence!
The Florida Senate Thursday approved doing away with licensing requirements to carry a gun into most public places – but not into the Senate chamber where the bill was approved.

...

The proposal had cleared the House a week earlier on a 77–32 vote, with one Republican voting no. The bill now heads to the desk of Gov. Ron DeSantis, who has promised to sign the proposal, although it does not include an open carry provision, which he has also endorsed.

The measure does away with background checks, training, and fees to carry a concealed weapon. The Department of Agriculture has issued more than 2.6 million CWLs.
I have a Florida permit. I got it for reciprocity with other states that didn't recognize Illinois. I regret sending them the $10 for it.
Collins crafted a measure that forced lawmakers either to vote against school safety or vote to enhance Second Amendment rights.

...
Sen. Jason Pizzo, D-Miami, challenged Collins and his supporters to amend the bill to allow citizens to carry guns into legislative meetings where he and other lawmakers debate issues and make policy.


Collins spoke against the proposal. He explained Pizzo’s proposal was not relevant because the measure does not address “exclusion” or gun-free zones.

“Good enough for thee, but not for me,” replied Pizzo. “It is incredibly hypocritical that you will objectively proliferate firearms in the State of Florida but not in the room where we sit."
I can't help but think they assume this will just arm their supporters. It's going to unleash chaos amongst the commonfolk, which is probably just as good for them.
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Re: Gun Politics

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‘We’re not gonna fix it’ | Rep. Tim Burchett says congress can’t help fix shootings

He says they wont fix it and that its a mental illness problem..not even mentioning guns are the problem. He says homeschool is the answer. Evil asshole morons one and all.

And OF COURSE he is a TN shithead.

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Re: Gun Politics

Post by Smoove_B »

I missed this a few days ago. It feels like...things are definitely getting worse.


Wayne LaPierre says at the NRA event that "gun hating politicians should never go to bed unafraid of what this association and all of our millions of members can do to their political careers"
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Re: Gun Politics

Post by LawBeefaroni »

Didn't Lapierre get caught misusing NRA funds?
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Re: Gun Politics

Post by Smoove_B »

Nothing to worry about, I'm sure:
The Supreme Court could hand down a decision any day now in National Association for Gun Rights v. City of Naperville, a case that could legalize assault weapons and high-capacity magazines in all 50 states.

The case challenges a Naperville, Illinois, ordinance and a similar Illinois state law, both of which ban assault weapons, which the state law defines to include certain semiautomatic rifles such as AR-15s and AK-47s. Additionally, the state law prohibits the sale of a “large capacity ammunition feeding device,” which the statute defines as long gun magazines that hold more than 10 rounds of ammunition, or handgun magazines that hold more than 15 bullets.

The plaintiffs, which include a gun shop owner and a gun rights group, claim the two statutes violate the Second Amendment.

Should the Supreme Court accept that argument and overturn these laws, it would have sweeping implications for the entire country. That decision would need to be followed throughout the entire nation — which would most likely mean that neither any state nor the US Congress could ban assault rifles or high-capacity magazines.
Of note:
But, in any event, Kavanaugh is the median justice on the current Supreme Court. So his views carry a great deal of sway. If he believes that assault rifle bans are unconstitutional, it is likely that he has the votes to declare them unconstitutional — though it remains an open question whether he will do so on the shadow docket.
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malchior
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Re: Gun Politics

Post by malchior »

I cross posted this in the SCOTUS thread. Nothing like arming a nation heading for civil strife.
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Re: Gun Politics

Post by LordMortis »

Because over ruling states is well regulating their militias or perhaps the US military structure?
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Re: Gun Politics

Post by LawBeefaroni »

The Illinois law is poorly written. It was clear from day one that it wouldn't survive higher court scrutiny.

It's almost as if they need people who know about guns helping them write laws about guns.
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Re: Gun Politics

Post by Pyperkub »

malchior wrote: Tue May 09, 2023 10:40 pm I cross posted this in the SCOTUS thread. Nothing like arming a nation heading for civil strife.
Pretty sure that's the plan - the "2nd Amendment Solution" RW politicians have been calling for for years...
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Re: Gun Politics

Post by Smoove_B »

NJ is about to get interesting:
A federal judge has dealt another blow to Gov. Phil Murphy’s latest gun control law by blocking certain parts of a law limiting concealed carry from being enforced. Gun rights advocates are challenging the constitutionality of a law Murphy signed in December that bans guns in dozens of so-called sensitive places in New Jersey. On Tuesday, U.S. District Court judge Renée Marie Bumb issued a preliminary injunction allowing concealed firearms to be carried in several of those “sensitive places” where the state has attempted to block them, including parks, beaches, bars, libraries, zoos and public gatherings. Individual businesses and homeowners are still able to decide whether or not they’ll allow firearms on their property.
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Re: Gun Politics

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Smoove_B wrote: Tue May 16, 2023 8:23 pm NJ is about to get interesting:
A federal judge has dealt another blow to Gov. Phil Murphy’s latest gun control law by blocking certain parts of a law limiting concealed carry from being enforced. Gun rights advocates are challenging the constitutionality of a law Murphy signed in December that bans guns in dozens of so-called sensitive places in New Jersey. On Tuesday, U.S. District Court judge Renée Marie Bumb issued a preliminary injunction allowing concealed firearms to be carried in several of those “sensitive places” where the state has attempted to block them, including parks, beaches, bars, libraries, zoos and public gatherings. Individual businesses and homeowners are still able to decide whether or not they’ll allow firearms on their property.


Obviously, there is a legitimate concern that should the government choose to oppress the people and wage war in the parks, beaches, bars, libraries, and zoos - we would be powerless to stop their authority.
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Re: Gun Politics

Post by malchior »

Glad we're hearing from both sides on this. Good grief. This country is an absolute insane asylum.

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Re: Gun Politics

Post by Smoove_B »

This is a pretty crazy statistic:
It was a combination of factors. After Columbine in 1999, the National Rifle Association in very well-publicized meetings now, thanks to sleuthing and digging by reporters at NPR, we now have tapes of the meetings where they literally said, are we going to be part of the solution here? Or maybe we can use these things to drum up hate and fear in our members? We might even be able to use them to drive membership. And they chose the latter. They perfected that system for about seven or eight years, getting their feet underneath them. They figured out it can drive politics. And then an explosion hit. That explosion was the future Black president leading in the polls in 2007. And then Barack Obama won in 2008. So you have this sort of uncapping of hate and conspiracy, much of it racially driven, that the NRA was tapping into. Prior to 2007, people in the United States never purchased more than 7 million guns in a single year. By the time Barack Obama left office, the United States was purchasing almost 17 million guns a year.

...

But with Trump, we experienced a whole new, never seen before level of fear, racism, hatred and conspiracy that culminated in 2020. In that year, you had George Floyd, COVID lockdowns, Black Lives Matter, Antifa protests and Kyle Rittenhouse. I mean, it’s the most tumultuous year any of us can remember with the most hatred and conspiracy and nastiness. None of us can remember a year like that. In that year, the United States consumers bought almost 23 million guns in a single year, more than three times as much as before Barack Obama took office.
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Re: Gun Politics

Post by Pyperkub »

Alternatively, it's what we knew to be true.

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Re: Gun Politics

Post by Smoove_B »

Totally normal


Consider this: the House of Reps is shutdown right now because MAGA members are pissed that *checks notes* pistol stabilizing braces—a fave tool of mass shooters—aren’t more accessible to the public. They literally are shutting down Congress until they can arm more people.
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Re: Gun Politics

Post by LawBeefaroni »

Smoove_B wrote: Sat Jun 03, 2023 10:13 am This is a pretty crazy statistic:
It was a combination of factors. After Columbine in 1999, the National Rifle Association in very well-publicized meetings now, thanks to sleuthing and digging by reporters at NPR, we now have tapes of the meetings where they literally said, are we going to be part of the solution here? Or maybe we can use these things to drum up hate and fear in our members? We might even be able to use them to drive membership. And they chose the latter. They perfected that system for about seven or eight years, getting their feet underneath them. They figured out it can drive politics. And then an explosion hit. That explosion was the future Black president leading in the polls in 2007. And then Barack Obama won in 2008. So you have this sort of uncapping of hate and conspiracy, much of it racially driven, that the NRA was tapping into. Prior to 2007, people in the United States never purchased more than 7 million guns in a single year. By the time Barack Obama left office, the United States was purchasing almost 17 million guns a year.

...

But with Trump, we experienced a whole new, never seen before level of fear, racism, hatred and conspiracy that culminated in 2020. In that year, you had George Floyd, COVID lockdowns, Black Lives Matter, Antifa protests and Kyle Rittenhouse. I mean, it’s the most tumultuous year any of us can remember with the most hatred and conspiracy and nastiness. None of us can remember a year like that. In that year, the United States consumers bought almost 23 million guns in a single year, more than three times as much as before Barack Obama took office.
When Trump took office, gun sales actually declined. It was called the Trump Slump. Sales were extremely high leading up to it because of the aforementioned NRA fear campaign under Obama but even more so as Clinton appeared to be the favorite as the next president. When Trump won, there was no longer an urgency to build up the arsenal.

But then 2020 hit. Liberals bought guns, antifa bought guns, minorities bought guns, women bought guns. It was a record year for first-time gun owners.

Existing gun owners got stimmy and bought more guns. And since everyone was buying guns, people started panic buying guns. And if Biden became president, he'd take away all rhe guns so gun people bought even more guns.
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Isgrimnur
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Re: Gun Politics

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Reason
Although Range did not realize it, that Pennsylvania misdemeanor conviction also came with a lifelong penalty: Under federal law, he lost the right to own firearms. That disability, the U.S. Court of Appeals for the 3rd Circuit ruled yesterday in Range v. United States, is inconsistent with the constitutional right to keep and bear arms.
...
The ruling highlights the injustice of a federal law that makes it a felony, punishable by up to 15 years in prison, for broad classes of "prohibited persons" to own guns. In Range's case, the relevant restriction, 18 USC 922(g)(1), prohibits gun possession by anyone convicted of a crime, violent or not, that is punishable by more than a year of incarceration. While that usually means a felony conviction, the disqualification also applies to state offenses classified as misdemeanors if the maximum penalty exceeds two years.

Although Range was not sentenced to jail or prison, his crime was punishable by up to five years in prison, which meant he was no longer allowed to buy or own a firearm.
It's almost as if people are the problem.
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Re: Gun Politics

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It's almost as if people are the problem.
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