Proposed CA New Gun Laws

Status
Not open for further replies.
Horrible attack on liberty. So many thoughts come to mind that aren't up to THR's standards so I'll just fume to myself.

I like one guy's comment on the article, 'wouldn't surprise me if some people decided to shake up the etch-a-sketch for a redo'. :D
 
As much as I hate to see such a thing, I do feel that gun control is a matter of STATES RIGHTS and NOT the FEDERAL GOVERNMENT (other than requiring states to permit their citizens to own somekind of firearm for self-defense.)

If certain STATES desire to impose such absurd laws upon their citizens, IMHO it falls under the 10th Ammendment which grants them such power. Equally, the citizens of those states have the right to appeal to the FEDERAL government for assistance if they feel any of the states laws go too far and become unconstitutional.

For example, New York recently passed (in a rather crappy fashion) some very restrictive gun laws. IMHO the NY S.A.F.E. act provides an example of BOTH my points. The state of NY has the right to pass certain gun control restrictions as defined in the bill. However, the state of NY also included some other things that clearly do violate the Constitution. (Such as outlawing previously owned magazines and not allowing for the resale of privately owned property.)

The federal government should be telling state governments the MINIMUM of what things must be allowed for a states gun regulations to still be permitted under the Constitution. (For example, they MUST allow a minimum of 10rd magazines, certain types of firearms, calibers and the purchase of #rounds of ammo.)

I think the Supreme Court will have to be involved much like it was in the Heller case and keep certain states in check from trying to disarm their citizens.

Equally, I think other states will be just fine and not infringe on their citizens rights to own firearms.
 
It seems once again that those on our side in this case, like the NRA had done, are trying to divert attention/blame to violence in movies and video games. While I don't agree that the latter are a cause of violence, it's not necessarily a bad strategy to not only divert attention but to ultimately leverage the First Amendment to help protect the Second Amendment.
 
The article made mention of this, and in my opinion, it is exactly what's happening: CA is playing one-up with NY, since CA now no longer has the most restrictive gun laws in the nation.


It's complete crap.
 
States can and should be able to pass laws for things not granted to the federal government per 10a, but those laws still must be constitutional.
 
I think California is worried that they'll loose their "State with 'toughest' gun laws" award from the Brady Group.
 
As much as I hate to see such a thing, I do feel that gun control is a matter of STATES RIGHTS and NOT the FEDERAL GOVERNMENT (other than requiring states to permit their citizens to own somekind of firearm for self-defense.)

I agree with you in principle, but here is how I view the whole subject of rights and laws at the state and federal levels. First of all, individual rights trump state's rights. The federal government should have no power to take away individual rights protected by state governments (Tenth Amendment), but it should be able to protect individual rights from state governments (Fourteenth Amendment). While this may seem asymmetrical in a way, the constant is that individual rights are the union between the rights protected by government at both the state and federal levels. All other rights that are not being attacked are of course left to the people.

For comparison, this is analogous to the benefit of the doubt that the accused are given in our system of justice. The burden of proof in a criminal trial is, in principle, on the government--they must prove guilt beyond a reasonable doubt, or else the accused walks free. Additionally--and this is the most directly analogous part--in a trial by jury, the jury may acquit over the objection of the judge, and the judge may acquit over the objection of the jury, but neither can convict over the objection of the other. The point is to set a high standard, protected by both judge and jury, for taking away a person's freedom. In my opinion, the same standard should be applied to our rights--when either a state government or the federal government decides to protect a right, neither can overrule the other. The only overruling that takes place is the individual rights protected by either over the infringing laws of the other.

That's how things supposedly are, and in my opinion how they should be. Now all we have to do is actually hold all of these governments to it. :)

I think California is worried that they'll loose their "State with 'toughest' gun laws" award from the Brady Group.

Right, and naturally states like New York and Illinois must respond in kind. At this rate, we'll get to zero-round magazines in no time. :rolleyes: I dunno, maybe it would be good if several states went to absurd extremes, since they'd be more likely to get slapped down eventually.
 
Last edited:
AHHHH!!! I knew it. I've been telling my fellow Californians not to give any thought to a Federal ban....because the State of California WILL do it for them! Just a few months ago before Newton, a California State Representative by the name of Leland Yee (a proto-typical San Fran lib) was trying to get the bullet button outlawed. His proposals didn't go anywhere, but then the best thing that could ever happen to a liberty hating lib occurred...Newton! As gruesome and depressing that sad occasion is to normal people, for God-denying, San Fran, left-wing fascists it was a joyous moment. Don't think for one second that they care about children. They simply saw a crisis and most certainly decided not to let it go to waste. Now here is the Golden State, ready to ban any firearm that operates with a detachable magazine. Want ammo? Go through a background check that you have to pay for. The amazing thing is that if there is any hope, it's in Gov. Jerry Brown. He's changed his stripes a bit over the years. He's not anti-gun and, in fact, is a concealed weapons carrier. He shot down legislation that came to his desk recently that would ban the purchase of handgun ammo on-line. So, it's not over as of yet!
 
Edit: because I am at a complete loss for any other good or civil words just now...

Gentlemen, no matter what other piddle happens today, it is still another FINE, OUTSTANDING day to be a Texan. (See sigline)
 
Hey, and people said I was stupid for calling California "Mexifornia" or "Northern Mexico". Clearly it's becoming more and more like it's neighboring country Mexico. How's that gun control working there again? The headless bodies lining the roads are proof of "not very well". Wait until that starts happening in California.
 
As much as I hate to see such a thing, I do feel that gun control is a matter of STATES RIGHTS and NOT the FEDERAL GOVERNMENT (other than requiring states to permit their citizens to own somekind of firearm for self-defense.)

If certain STATES desire to impose such absurd laws upon their citizens, IMHO it falls under the 10th Ammendment which grants them such power. Equally, the citizens of those states have the right to appeal to the FEDERAL government for assistance if they feel any of the states laws go too far and become unconstitutional.

For example, New York recently passed (in a rather crappy fashion) some very restrictive gun laws. IMHO the NY S.A.F.E. act provides an example of BOTH my points. The state of NY has the right to pass certain gun control restrictions as defined in the bill. However, the state of NY also included some other things that clearly do violate the Constitution. (Such as outlawing previously owned magazines and not allowing for the resale of privately owned property.)

The federal government should be telling state governments the MINIMUM of what things must be allowed for a states gun regulations to still be permitted under the Constitution. (For example, they MUST allow a minimum of 10rd magazines, certain types of firearms, calibers and the purchase of #rounds of ammo.)

I think the Supreme Court will have to be involved much like it was in the Heller case and keep certain states in check from trying to disarm their citizens.

Equally, I think other states will be just fine and not infringe on their citizens rights to own firearms.
Agreed 100% with you, I actually think that the federal government should have NO say in criminal regulatory matters. Still, doesn't make it right what they're doing though.
 
I agree with you in principle, but here is how I view the whole subject of rights and laws at the state and federal levels. First of all, individual rights trump state's rights. The federal government should have no power to take away individual rights protected by state governments (Tenth Amendment), but it should be able to protect individual rights from state governments (Fourteenth Amendment). While this may seem asymmetrical in a way, the constant is that individual rights are the union between the rights protected by government at both the state and federal levels. All other rights that are not being attacked are of course left to the people.

For comparison, this is analogous to the benefit of the doubt that the accused are given in our system of justice. The burden of proof in a criminal trial is, in principle, on the government--they must prove guilt beyond a reasonable doubt, or else the accused walks free. Additionally--and this is the most directly analogous part--in a trial by jury, the jury may acquit over the objections of the judge, and the judge may acquit over the objection of the jury, but neither can convict over the objection of the other. The point is to set a high standard, protected by both judge and jury, for taking away a person's freedom. In my opinion, the same standard should be applied to our rights--when either a state government or the federal government decide to protect a right, neither can overrule the other. The only overruling that takes place is the individual rights protected by either over the laws of the other.

That's how things supposedly are, and in my opinion how they should be. Now all we have to do is actually hold all of these governments to it. :)



Right, and naturally states like New York and Illinois must respond in kind. At this rate, we'll get to zero-round magazines in no time. :rolleyes: I dunno, maybe it would be good if several states went to absurd extremes, since they're more likely to get slapped down eventually.
This is an excellent observation.
 
Status
Not open for further replies.
Back
Top