Conservative
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She’s right that states and municipalities have the right to impose their own gun laws, since 2a is federal in scope, though it would have been more accurate to say “doesn’t apply” rather than “doesn’t exist,” obviously.
Honestly my heart goes out to the defendant. He could easily have been a coworker of mine, and if my coworker told me about his fun hobby making guns without any FFL, smith license, registration or permitting, in this city of all places, I would have dropped everything to talk sense into him.
He sounds like any other gun nerd, but he straight up ignored gun law in a place with famously strict and well-enforced gun laws, and with serious gusto.
I’m kind of surprised he was able to make as many guns as he did before metro police came knocking. This is Brooklyn. You will almost never see plainclothes open carry in NYC, but manufacturing pushes the case into another bracket entirely.
I’m no ConLaw expert, but AFAIK the doctrine remains that the Bill of Rights restricts primarily the federal government, save for 5A and 7A and using either clause to use 2A to override state gun control by all accounts remains a jurisprudential Faustian bargain no justices have yet been willing to make.
Hmm maybe my information is out of date or I just need to review. Which case incorporated 2A? Was it more recent than DC-Heller?
Just so I’m on the same page, we’re still talking about the first 10 (not 13-15, 19, etc.) and the question is whether 2A renders state gun control unconstitutional?
~~Edit: Also assuming the latter is true, are we then to read 2a as a guarantee to possession of these weapons to citizens carte blanche?~~
Then we need to overhaul the court systems and multiply their bureaucratic size and process to satisfy the grand jury requirement of 5A and the civil jury trial right of 7A.
And assuming 2a renders state gun control unconstitutional, I presume then we read 2A as a carte blanche guarantee to possession of these weapons to citizens.
This is what we propose, yes?
States do not because as of yet, 5’s grand jury requirement, 6’s criminal jury trial right, and 7’s civil jury trial right have not been interpreted as binding upon the states.
I agree that’s the precedent, but I’m unclear where we should place that threshold of violation. Presumably somewhere on the scale of TX to NY? Perhaps… IL?
(Apologies, got busy at work.) Yes I’d have thought so too. There might be a list which jurisdictions where it’s available.
I suspect the lack of precedent for their incorporation among the amendments binding the states comes down to just the budgetary requirements for expansion. As long as it remains unreasonable or impossible to enforce without effectively being taken over by federal, these exceptions remain.
2A might be similar in principle, since there’s no one-size-fits-all doctrine that can be realistically applied besides either zero regulation or a complete ban, both of which would risk a great deal of legitimacy.
I’m with you re: gun control. Tools not toys. Many tools are dangerous enough to require proof of competency or purpose, and some can only be used in certain situations. Surely a tool whose purpose is danger shouldn’t be the exception.
Yeah I avoid debating weapon class bans because it always amounts to an arbitrary threshold on the scale of potential kill rate, and people sporting desert storm kits at the grocery store do all the talking anyway.
Training is the regulation I think my fellow progressives should back. Do that correctly and the rest takes care of itself. Anti-gun messaging clearly isn’t working. Instead, embrace gun ownership as a public service wed to demonstrated responsibility and discipline, since safety is the actual goal.
By discipline I mean require training, make it rigorous and cheap, and make regular shooting mandatory for permit renewal. Require inspections for proper maintenance and adherence to storage safety protocols. Offer specialist certifications for more exotic equipment. Basically, make sure would-be gun owners respect the weapon, understand the responsibility they’re taking on, and are equipped to use them safely and proficiently. Done right, civilians seeking military outfitting would face the same requirements as equivalent military personnel, so that they might as well just become a reservist.
Every hooah 2a person I’ve known would be all for this. But they take guns seriously and aren’t contributing to the statistics. The actual unsafe assholes, who make guns a national problem, wouldn’t bother owning guns if there was work involved. It may not be popular (yet) among “liberals” but lots of countries with high rates of gun ownership and low gun violence handle regulation this way.
"Ghost guns" are protected, theyre just home made guns. Even the atf says so.
https://www.atf.gov/firearms/qa/does-individual-need-license-make-firearm-personal-use
Allowed at the federal level yes, but state regs differ, and NYS gun law covers the 80% kits (S.14, S.13A).
I certainly wouldn’t pedal New York gun law as the ideal but AFAIK it’s not inconsistent re: unfinished receivers vs traditional firearms.
Edit: I forgot to summarize the local code. In short, dude needed a license, similar to the one needed to handle refrigerants or work on electrical systems. A few months turnaround but isn’t cost-prohibitive: https://thegunzone.com/how-to-become-a-gunsmith-in-ny/
Federal law overrides state law. https://www.law.cornell.edu/wex/supremacy_clause
The 2nd still applies in NYC
I don’t remember much con law, but I seem to recall using 7a to incorporate 2a is very much a damned-if-you-do-damned-if-you-don’t prospect, and justices have historically leaned on stare decisis to avoid cutting the knot.
Only if they plan to sell it, or if they are making an NFA item.