this post was submitted on 24 Sep 2023
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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.

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[–] RememberTheApollo_@lemmy.world 4 points 2 years ago* (last edited 2 years ago) (3 children)

There’s no right to magazine sizes. They have a right to guns. Give ‘em a bolt action with a 3+1 magazine. Still have a gun, right?

[–] Kalcifer@lemm.ee 10 points 2 years ago (5 children)

There’s no right to magazine sizes. They have a right to guns.

The 2nd Amendment specifies "the right of the people to keep and bear arms". I would argue that to be able to functionally "bear arms", one must be able to be in possession of the means to operate those arms.

Give ‘em a bolt action with a 3+1 magazine. Still have a gun, right?

The 2nd Amendment does not say "the right of the people to keep and bear bolt-action rifles, shall not be infringed". Instead, it states "the right of the people to keep and bear arms, shall not be infringed.".

[–] rahmad@lemmy.ml 3 points 2 years ago (2 children)

But this already isn't true. Even if I could afford it, I can't buy an F16, anthrax or a nuclear warhead. So, isn't this just about where the line is being drawn? The line itself both already exists and doesn't seem to be contested.

[–] trafficnab@lemmy.ca 13 points 2 years ago (1 children)

You very much can buy an F16 assuming you can find one for sale, a civilian owned company already bought 29 of them from Israel (Same goes for fully functional tanks as long as you fill out the proper paperwork)

[–] rahmad@lemmy.ml 3 points 2 years ago (1 children)

Technically true, but it needs to be non militarized, can't purchase the missile mounts (or the missiles etc.). My point stands.

[–] LifeInMultipleChoice@lemmy.ml 1 points 2 years ago* (last edited 2 years ago)

The jet isn't the weapon. It's the missles I agree.

Want people to change their mind, tell them Bill Gates/Elon Musk and such are starting a nuclear program. They'll want to ban it, they are arms after all.

"Musk is adding AI controlled weapons to Starlink" Immediate call for reform haha

[–] Kalcifer@lemm.ee 2 points 2 years ago* (last edited 2 years ago)

I try to look at these examples from the perspective of the Non-Agression Principle -- to come to the conclusion that a specific technology must be kept from the public, it must be shown that that technology, by it's very nature of existence, infringes on the rights and freedoms of those around it. For example, if we look a nuclear warhead, as you mentioned, it could certainly be argued that it's private ownership would violate the NAP, as it's very existence is an indiscriminate threat to the life, and property of any proximal to it. A similar argument could be made for your other example of anthrax. Making a similar argument for an outright ban on the civilian ownership of a fighter-jet is much more difficult to justify, however. I would argue that it would, instead, be more logical to regulate, rather than prohibit, the civilian ownership of a fighter-jet, much in the same manner as the civilian ownership of any other typical aircraft.

It also should be noted that it entirely depends on wording/language. The 2nd Amendment specifically states "[...] the right of the people to keep and bear Arms, shall not be infringed.". One needs to have a precise definition for "bear", and "Arms". Perhaps it could be argued that an individual cannot "bear" a nuclear warhead. Perhaps "Arms" are only those used by the military, or other federal entities. I have no definite answer, but these are the sorts of things that one must consider.

[–] ChonkyOwlbear@lemmy.world 0 points 2 years ago (2 children)

Every constitutional right has limits. There is no legal use of a gun that requires a gun capable of holding more than 6 rounds. More than 90% of self defense situations end with only 2-3 shots being fired. Long, drawn out gun fights with both sides firing 20-30 rounds simply don't happen in self defense situations. It's just a fiction from movies. You certainly don't need that many rounds to bring down a deer. What high capacity firearms do allow is criminals to maximize the damage they do in a short period of time.

[–] jeremy_sylvis@midwest.social 3 points 2 years ago

There is no legal use of a gun that requires a gun capable of holding more than 6 rounds.

Asserting a negative - bold strategy. I'd be interested in seeing your support for such a position.

I frequently legally use standard capacity magazines at the shooting range, though, so you may have a hard time here.

More than 90% of self defense situations end with only 2-3 shots being fired. Long, drawn out gun fights with both sides firing 20-30 rounds simply don’t happen in self defense situations. It’s just a fiction from movies.

Is this one of those Works Cited: Crack Pipe moments?

What high capacity firearms do allow is criminals to maximize the damage they do in a short period of time.

Ah - so you only care about mass shootings, the vast minority of firearm violence let alone homicide.

[–] Kalcifer@lemm.ee 2 points 2 years ago* (last edited 2 years ago) (1 children)

Every constitutional right has limits.

Generally, I would be inclined to say yes, but things become more tricky when the constitutional right in question specifically states "Shall not be infringed". That being said, the limits in question could certainly lie within the definion of "Arms", and "bear".

There is no legal use of a gun that requires a gun capable of holding more than 6 rounds. More than 90% of self defense situations end with only 2-3 shots being fired. Long, drawn out gun fights with both sides firing 20-30 rounds simply don’t happen in self defense situations. It’s just a fiction from movies. You certainly don’t need that many rounds to bring down a deer.

Don't forget the original intent of the 2nd Amendment (I encourage you to read the Federalist Papers, to hear it striaght from the source) was to ensure that the people have the capability to resist their own government. Without a populace who believes in it, and will defend it with force if need be, a constitution is no more than a piece of paper, and a dream. Pay close attention to the wording 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.

As well as how it would interract with what was stated in the declaration of independence:

[...] We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. [...]

[–] ChonkyOwlbear@lemmy.world 1 points 2 years ago (1 children)

It is important to remember that prior to the 14th amendment, the Bill of Rights was understood to only apply to the states, not the federal government. The 2nd when written was never intended to apply to the federal government. Another important distinction is the use of the term "bears". A person hunting deer is not "bearing arms". A soldier bears arms. It is a term specifically that refers to fighting for a state, not self defense or any generalized use of weapons. In short, the 2nd amendment was intended to prevent states from disarming militias in order to preserve the ability to assemble a national military. It has nothing to do with one person defending themselves against another.

[–] Kalcifer@lemm.ee 1 points 2 years ago (1 children)

It is important to remember that prior to the 14th amendment, the Bill of Rights was understood to only apply to the states, not the federal government.

You raise a good point about the 14th Amendment. I would argue that it even further enforces the idea that the states, individually, cannot create firearm legislation as it would violates the 2nd Amendment, which, in turn, violates the 14th Amendment.

Another important distinction is the use of the term “bears”. A person hunting deer is not “bearing arms”. A soldier bears arms.

While I do agree that paying attention to the exact terminology used is crucial to the Amendment's interpretation, from what I can see, the definition that you stated is not without contention.

[–] ChonkyOwlbear@lemmy.world 1 points 2 years ago (1 children)

I would argue that it even further enforces the idea that the states, individually, cannot create firearm legislation

I agree which is why we need a federal ban on high capacity weapons.

the definition that you stated is not without contention

The roundness of the Earth is under contention too.

[–] Kalcifer@lemm.ee 1 points 2 years ago* (last edited 2 years ago) (1 children)

I agree which is why we need a federal ban on high capacity weapons.

What is your rationale behind that statement?

The roundness of the Earth is under contention too.

Err, no it isn't. There is a difference between subjective disagreement, and denialism.

[–] ChonkyOwlbear@lemmy.world 0 points 2 years ago (1 children)

There is a difference between subjective disagreement, and denialism.

SO close to self realization.

[–] Kalcifer@lemm.ee 1 points 2 years ago (1 children)

Shall I assume that your snide remark indicates that you have no rationale?

[–] ChonkyOwlbear@lemmy.world 1 points 2 years ago

LCM bans appear to reduce both the incidence of, and number of people killed in, high-fatality mass shootings.

https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2019.305311

[–] RememberTheApollo_@lemmy.world -2 points 2 years ago (2 children)

3 round mag is a perfectly functional firearm. I own one. Works great.

Nobody’s infringing. When they wrote the amendment a single-fire cap and ball was perfectly acceptable as a firearm, should be good enough for today.

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

When they wrote the amendment a single-fire cap and ball was perfectly acceptable as a firearm, should be good enough for today.

Applied slightly differently - When they wrote the amendment, civilians had complete parity with military - should be the same today.

[–] RememberTheApollo_@lemmy.world -1 points 2 years ago (2 children)

Fine. Want to own guns? Say hello to boot camp. Some of those Gravy Seals and Tacticool LARPERs are gonna have a hard time.

[–] jeremy_sylvis@midwest.social 3 points 2 years ago* (last edited 2 years ago)

I believe you misunderstand, perhaps intentionally. Civilians had complete parity - not army recruits.

[–] Cryophilia@lemmy.world 2 points 2 years ago

As stupid as what you wrote is, funny enough you're on the right track.

I think a gun safety course taught in middle school with a refresher in high school will effectively end the gun debate and save thousands of lives.

Now you're not cool because you have a gun. Everyone has shot a gun.

Now you don't accidentally shoot your friend in the head because your found daddy's gun and started playing with it.

Now you're not deathly afraid of the thought of guns because you've shot one and realized it's just a tool like a car or chainsaw.

[–] Kalcifer@lemm.ee 1 points 2 years ago

The 2nd Ammendment doesn't specify that one has the right to keep and bear arms that were made when it was written, nor any other arms specifically. It, instead, states that one has the right to keep and bear arms, in the general sense, and such a right should not be infringed. Any deviation from the general interperetation is an infringement on one's rights. One does have to think about what objects are themselves as arms, but this exclusive mentality is very different from an inclusive mentality.

[–] renownedballoonthief@lemmygrad.ml -4 points 2 years ago (1 children)

The problem is that you're arguing that from a position of valuing keeping your toys that go pew pew real loud and real fast over valuing the general public safe, though.

[–] Kalcifer@lemm.ee 1 points 2 years ago

Don't forget that the original intent of the 2nd Amendment wasn't for recreational enjoyment, or self defence, but it was, instead, to ensure the security of the state by being a sort of counter-pressure against authoritarian behaviour. Aside from that, however, I feel that this quote by Thomas Jefferson is appropriate:

I prefer the tumult of liberty to the quiet of servitude.