What a silly hill to die on. This is blatantly unconstitutional. That’s obvious to everyone, even those of us who might agree in spirit. So it’s just a waste. A waste of time and tax payer money. New Mexico is gonna spend time and resources on this that could be better spent elsewhere.
What’s more it wastes political capital. Capital that is gonna be needed soon for the Democratic party. So I can’t fathom why she’s doing this. She just gave conservatives the high ground and a huge rallying call.
Show me where the constitution gives you a right to open carry.
Oh that’s right, it doesn’t.
Well, its kill or be killed out there. If you’re the only one alive, they can only hear your side of the story
“I welcome the debate and fight about how to make New Mexicans safer,” she said at a news conference, flanked by law enforcement officers."
It’s only temporary and there’s bound to be exceptions.
Seems like she is desperately making a wake-up call to gun owners to come up with a solution to killings.Just a reminder that the right to bear arms in public places was only established in 2008.
Art. II, § 6: Right to Bear Arms No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons.
New Mexico has it in it’s constitution that carrying a firearm has been legal since 1911. Concealed was allowed in 2003.
Only explicitly recognized in 2008. The constitutional amendment SCOTUS used for this ruling was established nearly 250 years ago and has remained unchanged since.
How come it took so long if the premise was correct the entire time?
CC/OC has always been legal in the US and only after the civil war did laws restricting carry start to pop up (you can probably guess what group of people this was meant to target). NY recently used a law restricting the rights of Catholics and Native Americans as a historical justification for their CC restrictions. The state laws took awhile (and the fear of some groups carrying to subside) to become infringing enough before law suits began. Someone needed to sue and be able appeal enough times in order to be heard by the SCOTUS, which is difficult and time consuming. But the ruling SCOTUS made isn’t what makes CC legal, it is a firm statement that it always was legal and laws infringing on that have always been unconstitutional.
Slavery was always legal and only after the civil war did restrictions come about (you can probably guess what group of people this was meant to target). Ignoring hyperbole, it is a fact that the “well regulated” portion of the 2A was understood to allow for restrictions until Scalia made up a reason to ignore it, again in 2008.
Im not going to defend the way NY is going about it, but to say there is no history for gun regulation by States is ignoring history and stare decisis.
Ignoring the metaphor cause yeesh.
But “well regualted” means and always meant something to the tune of well trained and supplied. "The phrase “well-regulated” was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. ". And more importantly " Right of the people " and “Shall not be infringed” are clear and obvious.
Also ignoring the web 1.0 webpage, why did Scalia argue that this portion of the 2A can be ignored? Cant the state pass laws to maintain the well regulation of arms?
You can ignore that source if you want, there are plenty others. But the fact remains that well regulated does not give the government the right to regulate arms.
The worst part about this dumb ass talking point is that it implies that the Supreme Court is the source of our inalienable rights
By talking point, you mean how the US constitution was written and the whole point of the supreme court?
Edit: Until congress does their job and pass legislation on these matters, this is unfortunately how the cookie crumbles.
I mean that rights are inherent to being human, not bestowed by 9 people with law degrees
I agree in principle, but not in totality (largely due to bad faith arguements). Everyone should have the right to privacy and basic essentials, to carry a glock around wherever not so much.
Finally, somewhere I might be able to visit there and feel at least a little bit safe in public.
you think criminals are going to follow this decree?
You think every criminal with a gun started the day as a criminal with a gun? The majority of mass shootings started that day as “just another perfectly legal person with a gun being allowed to carry wherever”.
Tell me how many of the last 50 mass shootings were done by someone who was already a “criminal with a gun”
This is some mental gymnastics. How many days started with someone intending on drunk driving? how many days started with someone intending on smashing someones face with a hammer. good lord, by your logic we are ALL criminals just waiting to happen. quick someone call Tom Cruise and the Pre-crime unit.
Hahahah wow you’re so close to getting it.
So give up your car if you have one.
Literally unconstitutional.
Yet there’s plenty of precedent at the federal and state level for places where carrying guns is not allowed. 🤔
Specific places, generally, not open public places as specified in the article.
Are national parks not considered open public places?
Thanks to Obama, no seriously, you are allowed to carry firearms in almost all national parks.
Well regulated
Shall not be infringed. As someone else pointed out there’s already a TRO, this is just a political stunt.
A well regulated militia shall not be infringed
Your right to bear arms is not infringed by specific controls.
You have a right to freedom of religion but local codes still come into okay for sacrifices/burnt offerings/etc.
Biden-appointed U.S. District Court Judge David Urias said during a Wednesday hearing that the order violated the Constitution.
“The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury,” Urias said during the hearing.
I also disagree with the current ruling on roe v wade
Sucks to be you then.
It’s pretty great to be me, man. My life is kickass.
means well-supplied and ready to go on a moment’s notice
No it doesn’t lmao
Well supplied means well supplied
As does “well-regulated,” especially at the time when that amendment was drafted.
No it didnt
Low-effort and incorrect.
Its historically always meant basically what it means today https://www.etymonline.com/word/regulate#:~:text=early%2015c.%2C%20regulaten%2C%20%22,to%20lead%2C%20rule%22).
Literally constitutional. States can set the laws and regulations around firearms, as established by supreme court precedent.
I look forward to seeing you proven incorrect by the courts. The TRO is already in place.
All that would mean is that there is a current disagreement. The assault weapons ban was constitutional. California’s regulations on firearms is constitutional. Those are all court rulings with a lot more gravitas than a NM TRO.
There is no right via the second amendment for the unregulated possession or carry of firearms, just like there is no right in the first amendment to unlimited free speech. Those are interpretations that are entirely grounded in an optimistic layperson’s interpretation of what a multi century old complex body of laws actually should mean, rather than the actual legal interpretations.
The government tightly regulates speech. It’s allowed to, over-generous interpretations of the First be damned. It is the same thing with firearms.
It’s culture war bullshit that will go back and forth for another century if we last that long. The pendulum is currently in a pro-gun direction. At some point it will swing back and we will have a federal ban on weapons and mag caps again.
The problem of course is the American gun fetish, not the guns themselves. As long as people culturally fetishize guns as symbols of freedom and masculinity, we’re going to have this. It’s got an intersection with Southern and African American honor culture that escalated violence, and an increasing intersection with right wing domestic terrorism, which in turn informs mass shootings. But it’s easier to do an ineffective gun ban than address that.
I mean, that’s a nice wall of text, but it isn’t going to make this order any more constitutional. Law enforcement isn’t enforcing it, and the state AG isn’t even defending it apparently.
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The Supreme Court also ruled recently that firearm owners can file off serial numbers, to give some context for their stance on the 2nd amendment.
Care to show that ruling?
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So what did SCOTUS do with US v Price? This just shows the lower court ruling and I don’t feel like Shepardizing the case right before bed.
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Price is a fuck you test case of Bruen? I’m tired so I might be missing it.
Supreme Court also reinterpreted Roe v Wade in a radical and stupid way. You sure you wanna die on the hill of “the Supreme Court always gets it right the first time?”
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The supreme court is wrong about 2A. Laws and regulations are infringements, which the constitution specifically prohibits.
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Since 2008. It was well understood that regulations were fine until then
Biden-appointed U.S. District Court Judge David Urias said during a Wednesday hearing that the order violated the Constitution.
“The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury,” Urias said during the hearing.
Do you take every district court decision to be the last word on what is or isn’t constitutional, or do you wait for the supreme court to rule?
What is “constitutional” changes all the time. The AWB was constitutional. Mag limits were constitutional. Background checks are constitutional.
At some point, this may be found to be constitutional, or not, but it’s not like the constitution is some unchanging document, and it certainly doesn’t mean that federal or state governments cannot restrict who can buy which firearms under which conditions, or regulate how they may be legally carried. That’s been the case forever.
So is forced jury duty and the draft. But many can only count to two.
