this post was submitted on 15 Apr 2024
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Colorado’s Democratic-controlled House on Sunday passed a bill that would ban the sale and transfer of semiautomatic firearms, a major step for the legislation after roughly the same bill was swiftly killed by Democrats last year. 

The bill, which passed on a 35-27 vote, is now on its way to the Democratic-led state Senate. If it passes there, it could bring Colorado in line with 10 other states — including California, New York and Illinois — that have prohibitions on semiautomatic guns. 

But even in a state plagued by some of the nation’s worst mass shootings, such legislation faces headwinds.

Colorado’s political history is purple, shifting blue only recently. The bill’s chances of success in the state Senate are lower than they were in the House, where Democrats have a 46-19 majority and a bigger far-left flank. Gov. Jared Polis, also a Democrat, has indicated his wariness over such a ban.

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[–] [email protected] 16 points 7 months ago (1 children)

Militia didn't mean the same thing back then. It meant "any able bodied adult to be called up at a moments notice."

There's also a (not surprisingly) racist background to the 2nd as well:

https://www.npr.org/2021/06/02/1002107670/historian-uncovers-the-racist-roots-of-the-2nd-amendment

"It was in response to the concerns coming out of the Virginia ratification convention for the Constitution, led by Patrick Henry and George Mason, that a militia that was controlled solely by the federal government would not be there to protect the slave owners from an enslaved uprising. And ... James Madison crafted that language in order to mollify the concerns coming out of Virginia and the anti-Federalists, that they would still have full control over their state militias — and those militias were used in order to quell slave revolts. ... The Second Amendment really provided the cover, the assurances that Patrick Henry and George Mason needed, that the militias would not be controlled by the federal government, but that they would be controlled by the states and at the beck and call of the states to be able to put down these uprisings."

[–] [email protected] -3 points 7 months ago (5 children)

Context also matters. The authors also thought that a standing army was part of the park to tyranny, opting for a militia system in place of it. The purpose of the Second Amendment, by its own words, is to ensure that nothing could legally stand in the way of regular and irregular militia being able to protect the fledgling nation.

As it stands now, the Second Amendment is an anachronism that's sole purpose for existing is no longer applicable. It needs to be re-evaluated and amended to fit the needs of a nation that has both a standing army and a problem with civilians shooting each other (police are civilians too).

[–] [email protected] 8 points 7 months ago (1 children)

The trick with amending it is the process is such a high bar, it can't be done given current political divisions.

290 Congressmen, 67 Senators, and 38 states all have to agree to the new terms to make it happen.

The last time we saw that kind of unity in the House was the 311 votes to bounce George Santos. LOL!

[–] [email protected] 1 points 7 months ago

This is also true. Would be better chances if there was actual proportionality in the House.

[–] [email protected] 3 points 7 months ago (1 children)

A pipedream at best, 36 States have flatly refused to even consider any amendment to the 2nd.

[–] [email protected] 1 points 7 months ago

This is, unfortunately true.

[–] [email protected] 1 points 7 months ago

No they knew an army was necessary to defend the nation, and therefore militias were to be allowed to counterbalance the army.

[–] ryathal 1 points 7 months ago (2 children)

The constitution was specifically written to allow a standing army to exist. Not having one was a major failure of the articles of confederation. The second ammendment doesn't exist for some obscure military purpose, it exists to give people the right to bear arms.

[–] [email protected] 3 points 7 months ago

Because of the army. They knew an army was required, so they knew the populace must be permitted to keep their guns, to balance the power of the army.

[–] [email protected] 1 points 7 months ago (1 children)

This is factually incorrect.

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

  • US Constitution Article I, Section 8, Clause 12

Casual reading of contextual documents by the authors of the Constitution makes it very clear that the reason for the time limit is the belief that standing armies ought not to exist and are tools of tyranny. The context of the Second Amendment is not done obscure military one, it is blatant in the Amendment's text that it concerns militia, which was the founders' alternative to a standing army. In that context, yes, it does require that all people be able to bear arms because the irregular militia was basically anyone capable of shouldering a musket.

However, as the country did move to have a standing army and police forces, the militia system is mostly obsolete. The closest thing to a militia in the country in modern times is the national guard but, they are closer to a "select militia" that was also looked upon unfavorably by the founders.

I'm not placing a judgement on the Second Amendment as being right or wrong but that it was written for a context that is mismatched with our own. It needs to be re-evaluated and updated to account for the difference in context in order to have a logical place in the law of the country.

[–] ryathal 1 points 7 months ago (1 children)

The US has always had a standing army, so even the people that wrote the constitution voted to keep a standing army. The notion that it was intended to not have a standing army is a wilful misrepresentation.

[–] [email protected] 1 points 7 months ago

You know what? I don't think that you're correct but am not a historian, though I did study a bit of early US history in university. Fortunately, there are historians that we can ask to figure this out. Will edit with a post if they're willing to comment on the issue.

[–] [email protected] 0 points 7 months ago

lives in an era where vast swathes of the underclass live in de facto military occupation under a standing army in blue uniforms, where there is frequent murder with impunity and framing of innocent people to cover it up

"As it stands now, the Second Amendment is an anachronism that's [sic] sole purpose for existing is no longer applicable."

Unreal.