General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf only the mom had been armed to protect herself.
Toddler shoots, kills mom during video call after finding gun, Florida police say
A toddler in Florida fatally shot a woman during a video call after finding an unsecured handgun, police said Thursday.
Someone on the work-related Zoom conference called 911 and reported that they had seen a toddler and heard a noise before the woman, Shamaya Lynn, fell backward, police said in a statement.
Lynn, 21, was killed Wednesday in Altamonte Springs, near Orlando.
"Investigators determined that the injury was caused by a toddler who found a loaded handgun, which was left unsecured by an adult in the apartment," Altamonte Springs police said in a statement. Police said Lynn was shot in the head. /snip
https://www.nbcnews.com/news/us-news/toddler-shoots-kills-mom-during-video-call-after-finding-gun-n1276722?cid=sm_npd_nn_fb_ma
This is sad on so many levels and just another indicator that something needs to be done.
airmid
(500 posts)realize what happened.
aeromanKC
(3,322 posts)Tom Yossarian Joad
(19,227 posts)There used to be a time when if stopped driving while intoxicated would end up with the cop driving you home. MAD changed that.
Bluethroughu
(5,148 posts)Dial H For Hero
(2,971 posts)likely charge?
USALiberal
(10,877 posts)Dial H For Hero
(2,971 posts)LanternWaste
(37,748 posts)Still at it, eh?
Scrivener7
(50,934 posts)ruined the life of his child. And he should pay accordingly.
Ligyron
(7,624 posts)But he could contend it was safety locked away and so his wife had to be the one who took it out and left it unsecured. Since the wife cannot be deposed this will be hard to disprove hence reasonable doubt is now in place.
You just watch.
Scrivener7
(50,934 posts)how it came about, you should be charged with murder.
If someone's gun is used to kill someone else, that is incontrovertible proof that they did not secure that gun effectively.
NutmegYankee
(16,199 posts)Not with our Constitution and common law system. We'd have to be overthrown by the Trumpzis and turned into a fascist state first with a new system of law.
Scrivener7
(50,934 posts)Anyone who holds a gun owner responsible for making sure others are not damaged by their hobby is fascist. Every country with responsible gun laws is fascist.
NutmegYankee
(16,199 posts)If someone steals your car and mows down a bus stop of kids, you don't face charges for that crime. The person who took the car faces that charge. It's the same across the board, no matter what property is taken.
So yeah, your view is well beyond our system of law.
Scrivener7
(50,934 posts)Everything in our legal system wasn't in our legal system until it was.
NutmegYankee
(16,199 posts)Our legal system operates on principles that are hundreds of years old. They are not going away. No snarky response on an internet board is going to change that.
ShazzieB
(16,352 posts)If someone takes my property without my permission and uses it to kill someone, the legal system isn't lying to hold me liable.
Unless it can be proven that their getting hold of my property was due to negligence on my part. And even then the charge wouldn't be murder.
That's not how this stuff works.
Scrivener7
(50,934 posts)your permission, you were not securing that gun responsibly. If they were able to steal your gun, you were negligent with it. When you buy a gun, you should take responsibility for it and the things it can do.
The charge wouldn't be murder, but it should be.
And that's not how this stuff works because there is money to be made and the lives those profits cost do not matter to those who make guns, nor to those who insist that the deadly ramifications of their hobby should not be subject to any restrictions.
NutmegYankee
(16,199 posts)If someone defeats a securing technology allowed by law, there is no further liability. Period.
Straw Man
(6,622 posts)... everyone knows that there are no valid analogies when it comes to guns, because ... GUNZ!
Mr.Bill
(24,263 posts)have specific laws about securing weapons and specific legal liability if something like this happens. The father would not be charged with murder, but could be charged with letting a loaded weapon be available to the child. Might be difficult to prove, though. There was another adult there. Maybe it was her who left the gun out where the child could get it.
NutmegYankee
(16,199 posts)Any standard securing device to protect children can be defeated with a little time or the proper tools. Not likely by a child, but surely an adult. Legally, the defeat of the theft device is not considered negligence. You locked it according to law, and someone came and intentionally defeated that device. You would not be in legal jeopardy for what happened after that.
Mr.Bill
(24,263 posts)The laws I was refering to are written specifically to deal with guns falling into the hands of minors.
Jedi Guy
(3,185 posts)Let's say Bob has a handgun and he keeps it in a portable gun safe. Someone breaks into Bob's home and steals the case, then either opens it himself or finds someone to do it for him, via lockpicking or a cutting torch or whatever. He then uses Bob's handgun to kill someone. In that circumstance, you'd support Bob being charged with murder? That really doesn't seem reasonable at all, honestly.
Scrivener7
(50,934 posts)Jedi Guy
(3,185 posts)Ligyron
(7,624 posts)Weapons are stolen all the time and used by criminals to commit further crimes and yet I am not aware of one case where the original owner was prosecuted.
Scrivener7
(50,934 posts)LiberatedUSA
(1,666 posts)Tell people they need to lock their guns up, then arrest and imprison them if their gun is stolen, regardless of measures used to store it.
You have inspired me. We should make a law that says people HAVE to lock their guns up when not in use or cleaning. Then we should immediately charge anyone who employed successful self defense in the home with said gun, while treating the criminal invader as the victim and letting them off the hook.
We should tell the detectives, dont concentrate on the home invader; we only care about how it is possible for someone to shoot, in their own home, a criminal we sympathize with, with a gun that was supposed to be locked up. That doesnt sound legit so the shooting is murder or attempted murder.
Isnt that clever? Make self defense illegal by a backdoor method.
Renew Deal
(81,852 posts)The article says "an adult."
Scrivener7
(50,934 posts)Renew Deal
(81,852 posts)It doesnt say the dad left it out. Could the mom have left it out?
Scrivener7
(50,934 posts)that there is really nothing to see here and that all should move along because nothing can be done about guns.
These people have lost their own humanity. They are soulless. Something is wrong with them. What they do is inconceivable to humane people.
How do they become people who would do that?
They see a tragedy like this, like tragedies we have seen thousands of times before, and they do everything they can to move the subject away from the obvious: gun incidents like this need to be criminalized.
Always, their posts are full of hubris and attempts at shows of superiority. But, as their gun dependence proves, their pose of superiority is just a front for a very deep and fundamental state of fear.
They are pitiful, but they are also monstrous.
Renew Deal
(81,852 posts)There are also those that have an agenda and make assumptions in a way that blinds them from objectivity and even the truth. This is typical of Qanon types but is not limited to them.
Scrivener7
(50,934 posts)will read a post like the OP, consider their own responses to it and ask themselves these questions:
1) What are they doing?
2) Why are they doing it? Why are they reading these horrible stories of TOTALLY AVOIDABLE tragedy and such awful sadness, and responding to them in these dismissive and obstructive ways?
3) Are their responses really reflective of who they want to be in this world?
Renew Deal
(81,852 posts)Getting back to the OP that you are attempting to hijack... who does the article say left the gun out?
Scrivener7
(50,934 posts)ShazzieB
(16,352 posts)An adult. (As I am sure you know. 😉
"Investigators determined that the injury was caused by a toddler who found a loaded handgun, which was left unsecured by an adult in the apartment," Altamonte Springs police said in a statement.
It does not say WHO the adult was. Why anyone would INSIST that it HAD to have even the kid's father is a mystery to me!
Crunchy Frog
(26,579 posts)Straw Man
(6,622 posts)Last edited Mon Aug 16, 2021, 05:10 AM - Edit history (1)
They already are: criminal negligence. But what do you do in cases where the the criminal is already dead, which is quite possibly the situation here? Look for somebody else to blame? That doesn't sound like justice to me. Maybe you have a different standard.
ShazzieB
(16,352 posts)The article says "an adult" left the gun "unsecured in the apartment." This is taken directly from a statement made by the police.
Sure, it could have been the dad. It could have just as easily been the mom. If she is the one who left the gun lying around, then by Scrivener7's logic, her death should be ruled a suicide!
thucythucy
(8,043 posts)I would think that whoever was the legal owner was obligated to make sure it was securely stored.
treestar
(82,383 posts)But don't blame any person before finding out just who did it.
SidDithers
(44,228 posts)Sid
Dial H For Hero
(2,971 posts)I'm one of the rare gun enthusiasts on this board (or, as seems to be the popular term here, 'gunner'). My first response to such a story as this is that the owner of the handgun in question was an idiot of the highest order, criminally so. One never leaves unsecured firearms anywhere a child will have access to them, with the exception of teenagers who have demonstrated consistently responsible gun safety (I had access to my .22 rifle when I was 14).
So: Education. But we're already doing that, and lots of people are stupid and/or ignorant. What else, then, in regards to children and guns?
Abolish the 2nd Amendment? Not happening. Ban handguns? Not happening, Pass safe storage legislation? Such laws punish people after the fact. Anyone dumb enough to leave a handgun around a toddler isn't very likely to use a gun lock on it.
Look, if you just want to be the zilliionth person to say "Fuck the NRA!", "Tax bullets at $1,000 each!" or something along those lines, have at it. I'm hoping for something a bit more substantive, though. What policies can be passed at the national level that are both constitutional and politically feasible? Because honestly, in a nation with well over a hundred million handguns (and millions more manufactured and imported every decade), I don't see one.
gab13by13
(21,287 posts)Numerous people on my local right wing web site talk about leaving loaded guns all over their house, and I live in a rural community.
My uncle, when he was a little boy, found a loaded gun and shot and killed my grandfather. My dad never knew his father. My uncle turned into an alcoholic, I have no idea if that incident was a primary reason.
Dial H For Hero
(2,971 posts)It's one thing to have a single firearm loaded and accessible when at home, but what you described simply doesn't make sense, regardless of the circumstances.
As for your family tragedy, my condolences.
gab13by13
(21,287 posts)I am 74 years old now so the incident with my uncle happened before my dad was even born. My grandma was pregnant with my dad when my grandpa was killed.
It is worse than that with these people. They talk about putting a strobe light on their loaded gun near their bed so they can blind an intruder. Their explanations are that they don't live in fear because they keep loaded guns all over their houses. I am not making this stuff up, numerous people have talked about keeping loaded guns in their houses.
Dial H For Hero
(2,971 posts)Just as lasers were an exotic add-on 30 years ago, but today are quite common. But keeping multiple guns loaded and unsecured is absurd.
JanMichael
(24,881 posts)We met them one time at a location far from both of our homes and they told us that they slept in the hotel with a shotgun under the pillow. God forbidden one of them has some sort of waking dream right? Next time again I think I hope they do. On top of that keep a loaded handgun under the driver's seat. Without too much detail I can say for a fact I know that the safety is off all the time. Hope their vehicle never gets stolen. They are not in anomaly. This country is crazy with crazy people in it and all the crazy people or at least most of them have a gun it sucks.
Rorey
(8,445 posts)Ok, well it's actually a stun gun, and I've used it twice to interrupt a potential cat fight in my back yard in the middle of the night. If saying, "Get out of here" doesn't work, I press the button on my stun gun for just a split second and the noise makes the cats run off. At least it has so far.
When I first became single again a couple of years ago, one of my sons told me I needed to get a gun. I thought about it briefly, and decided against it. I don't feel comfortable with the idea of a loaded gun in my house. Honestly, the only time in my life I've ever been afraid of something bad happening to me was the last year of my marriage, and my ex-husband did keep a loaded handgun in the house. The thought of him shooting me definitely crossed my mind.
elias7
(3,997 posts)Gun control, climate change, Covid vax, etc, The time to act is long gone, but people opposed to legislation, people who wanted what they wanted won the day, and unfortunately their selfishness has led to the realistically, what can be done argument you putout there now.
I would argue that your defense of guns does not serve the greater good, but only yourself, and that this tack, just like with climate change and Covid policy is a fatal fools errand. And now its too late for anything. Thanks!
Dial H For Hero
(2,971 posts)As for guns being a societal evil, I would point out that there are many positive uses of firearms. How that compares to the negative ones is beyond the scope of this thread.
Tom Yossarian Joad
(19,227 posts)If you have toddlers running around in your home and are leaving loaded guns within their reach your not only stupid, you're fucking stupid and criminally negligent.
Like they did with DUI laws: Give laws the teeth needed that can basically destroy a person's life for quite some time. Make laws that will make people frightened to leave that gun around for easy theft or acquisition by another and then start putting them away for a goodly amount of time.
When gun owners start getting prison time because their fourteen year old blew has brains out with the gun they kept in the nightstand things might change. When Bubba's shotgun gets stolen from his gun rack and used on the cashier at the 7-11, Bubba goes to jail too.
There are lots of things we can do... Common sense things we can do without canceling the 2nd.
I grew up in the country shot skeet, dove, ducks and quail in my youth and still say "fuck the NRA."
viva la
(3,282 posts)Deterrence works sometimes. Why the prospect of a toddler getting hold of a loaded gun isn't deterrence enough, I don't know.
And a prison term will make clear that what the father did was against society's laws, not just an accident.
That poor child. Imagine growing up and realizing you'd done that.
jaxexpat
(6,815 posts)Here's a few ideas:
Define militia so the constitution is CLEAR and not used as a half-assed excuse to legitimize personal arsenals or possession of weapons designed to kill people and is CLEAR that congress CAN enact laws to regulate (in any way) gun ownership.
Legalize enactment of laws banning all guns within jurisdictional boundaries.
Enact warrantless search liability on all registered gun owners.
Imprison/fine and confiscate unregistered gun owners.
Mandatory imprisonment, fine and confiscate hand gun ownership.
Shut down all private gun sales, manufacturers and ban gun imports.
Raise hunting permit costs X100.
Make it too much hassle to screw around with guns.
Keep the children in their playpens until they can act right. It's 2021 and we've got a problem that's bigger than anybody's fetishes.
Dial H For Hero
(2,971 posts)coming to pass.
Orrex
(63,191 posts)They make some meaningless noise about improved access to mental healthcare or some kind of flaccid universal background checks, but ultimately they dont want anything done if it means they cant personally own enough weapons to overthrow a nation. Whatever reasonable measure is proposed, a gun zealot immediately leaps into action to defend the rights of guns above the rights of, you know, people.
In a world where we cling to the sick, cowardly delusion that gun rights are sacrosanct, indeed nothing can be done.
Scrivener7
(50,934 posts)How do you look at this story and say OUT LOUD, "Ho hum, so what. Nothing can be done. My hobby is not to be curtailed."
If there were any decent people among the gun freaks, they would be the ones saying the loudest, "Something must be done, I SUPPORT AND WORK FOR real and effective measures to stop this kind of thing happening."
They are all complicit.
How do they become such people?
Jedi Guy
(3,185 posts)Maybe because they haven't done anything wrong, and dislike the idea of being negatively impacted for the stupidity, carelessness, and/or malice of other people? I don't think it's unreasonable to feel that way.
Dial H For Hero
(2,971 posts)Ill go first. 0%.
Orrex
(63,191 posts)How is it that no developed nation on earth has this problem, yet somehow we pretend that no solution is possible?
The NRA thanks you for parroting their talking points.
treestar
(82,383 posts)ruled we have a right to guns under the Second Amendment. You can disagree with that, but now it's the law.
Orrex
(63,191 posts)Last edited Sat Aug 14, 2021, 07:08 PM - Edit history (1)
Heller, as I've correctly stated upthread, is one of the two worst decisions of the past half century, at least.
Here's how we fix it: for purposes of the 2nd amendment, define "arms" as "weaponry and firearms extant at the of the ratification of the amendment." All "arms" subsequent to that date are excluded and are subject to federal, state & local laws.
"BuT iT wIlL nEvEr PaSs" bleat LaPierre's surrogates across the internet.
Jedi Guy
(3,185 posts)It's correct that that's your opinion. However, your opinion is not objective fact.
And if the "logic" from your "fix" were to be applied to the First Amendment, any speech/expression disseminated via something more advanced than a printing press could conceivably fall outside the protections of the amendment. After all, radio, television, and the Internet weren't extant when it was ratified. What's done to one amendment can be applied to others.
Also, all arms produced subsequent to the date of ratification are already subject to federal, state, and local laws. Those laws simply have to pass constitutional muster.
But who cares if you rip up the Bill of Rights as long as you get what you want, right?
EX500rider
(10,834 posts)Not unreasonable to point out both the zero % chance of what the poster suggested passing any US Fed/State vote and how very fascist warrantless door to door searches would be.
Certainly some zealots in this thread though...
Orrex
(63,191 posts)In all that time, I have never seen a gun zealot agree to any reasonable measure that might incidentally prevent them from personally owning all of the military-grade ordnance they fantasize about owning.
They invariably bleat the mantra that Itll never pass, thinking that this lets them avoid admitting that they personally dont want it to pass, because they perceive it to restrict their cartoonish notion of gun rights.
So forgive me if I dont find itll never pass to be a compelling rebuttal. Its simply a statement of cowardice from someone who is, in the end, just fine with tens of thousands of deaths by firearm.
And before anyone starts in on any bullshit about suicides accounting for many gun deaths, ask yourself why youre ok with so many gun suicides.
EX500rider
(10,834 posts)In all that time I have never seen a anti gun zealot suggest any reasonable regulation that might actually have a chance of passing.
So forgive me if I dont find itll never pass to be a compelling rebuttal.
If you think proposing laws and regulations that zero % chance of passing is somehow helpful have at it.
Orrex
(63,191 posts)Somehow American gun zealots call impossible the laws and policies that are basic common sense in nations that dont fetishize guns uber alles.
Is it because of the pathologically misread 2nd amendment? Maybe we should start by rejecting the interpretation so lovingly put forth by the NRA and its acolytes on the Right and Left.
EX500rider
(10,834 posts)So once it passed they insisted all firearms only be owned by militia members, right? Oh, wait, they didn't.
They also put it in the "Bill of Rights" which should give you a clue if it was meant to be a right for the people.
Mexico has basically outlawed private firearms so it must be some crime free paradise I bet...oh, wait
Crunchy Frog
(26,579 posts)That's okay though. The Mexicans get to share in our freedumbs.
EX500rider
(10,834 posts)Only about a 1/3 of Mexican firearms get traced back to the US
https://www.factcheck.org/2009/04/counting-mexicos-guns/
SYFROYH
(34,165 posts)Perhaps you can show me.
Orrex
(63,191 posts)And their answer to every reasonable suggestion is two-fold"
1. "tHaT's NoT rEaSoNaBlE."
2. "It'll never pass."
So, if it will satisfy your pointlessly contrarian need for literal specificity, I concede that no gun zealot has explicitly stated in writing that nothing can be done. My statement (and I accept that this is hard for some to grasp) should be taken not as literal truth but as a casual summation of the overall arc of 20+ years of stonewalling and nay-saying by gun zealots in this and every forum.
Way to focus on the important point, namely that people are dying by the thousands in the US but in no developed nation, because gun zealots in this fine land of ours worship their cartoonish notion of gun-based freedom above all other rights. Very much like the way that anti-mask assholes insist that their cartoonish notion of freedom supersedes all other concerns of public safety.
And, if it helps you to sleep at night, I do not mean that gun zealots literally worship a literal cartoon; this is figurative language that assumes (perhaps without justification) that the average reader is sufficiently sophisticated to comprehend the obvious stylistic difference.
,,, you made it up, then?
jaxexpat
(6,815 posts)Dial H For Hero
(2,971 posts)Not asking for a thesis with footnotes, just a number.
jaxexpat
(6,815 posts)US gun sanity = sanity of USSC
Orrex
(63,191 posts)IMO the two worst decisions of the past 50 years are Citizens United and Heller, both of which are passionately cheered by their fans.
DVRacer
(707 posts)Like drug laws most gun laws get enforced so unequal. Tulsa just had young female police officer go to jail for making a firearm purchase for her boyfriend of course she is black. I have personally seen others with very similar facts of the case simply admonished by the court and that was it. Her boyfriend asked her to buy a gun turned out he was a prohibited person and later it was used in a crime. They conducted a firearm trace and she admitted to buying it. Substitute white male buying prohibited white female that used the gun in a crime and the boyfriend in that case was simply told he did wrong but was never charged. Too many double standards especially here in Oklahoma.
jaxexpat
(6,815 posts)People don't have a say in their race but they DO have a choice to own or not to own guns. Racism, like choosing to own a hand gun, is a character flaw.
paleotn
(17,902 posts)Americans aren't as sensible as Australians. Another former British colony with a firearm laced, wild frontier ethos and history. We could and we should, but we won't enact rational gun restrictions. Hell, we can't even get half our population to wear goddamn masks during a global pandemic.
LiberatedUSA
(1,666 posts)Your solution to gun ownership is heavily armed police carrying out warrantless searches?
I thought the narrative was we were wanting less jacked up cops armed to the teeth running around. Or do you think you can magically get them to only slap around, violate and step on the ones you dislike?
We dont like angry, killer cops.
Also, ban all guns within certain entire large areas except for the police and let them be our heavily armed masters who can legally kick down your door at any time and Rambo you.
jaxexpat
(6,815 posts)that when the ownership of guns means giving up some civil rights, people may rethink their options.
I think that ONE of the reasons we have "jacked up cops armed to the teeth" is because they KNOW that at some point in their career they're likely to run into a moron with a gun. The other reasons include a dearth of pre-hire psychological assessment and low wages.
But you know, that's another discussion, isn't it?
LiberatedUSA
(1,666 posts)And red states, as well as their police would ignore it as a federal law in the same way blue states ignore federal bans on marijuana. Of course, the Supreme Court would be unlikely to allow it to ever happen as well.
Enjoy your fantasy.
EX500rider
(10,834 posts)Maybe give the search teams snazzy black uniforms and a neat straight armed salute while your at it?
And maybe some papers everybody could carry they could ask for to prove you've already been searched? Or maybe a badge you sew to your shirt..
jaxexpat
(6,815 posts)Nothing untoward about it. You have the right to choose.
MarineCombatEngineer
(12,336 posts)whether you like it or not.
jaxexpat
(6,815 posts)There are examples all around.
You pay taxes-you may be audited
You wanna drive a big truck-you must have insurance coverage
You wanna work, apply for assistance-you may be mandatorily drug tested
You driving down the road and a cop wants to stop you-you better pull over and use yessir a lot
Not saying I like it but to deny that our system doesn't provide for arbitrary infringement on our civil rights is just naive.
EX500rider
(10,834 posts)MarineCombatEngineer
(12,336 posts)I gave up trying to explain to wannabe authoritarians why those "proposals" are unconstitutional.
EX500rider
(10,834 posts)And the number one killer of toddlers is drowning, what's your draconian solution to that?
Maybe outlaw all pools and have warrantless search teams comb the neighborhoods for them or does that sound over the top?
jaxexpat
(6,815 posts)That simply wasn't even possible before the NRA "taught" people how to read the constitution.
Pools to guns? Really?
MarineCombatEngineer
(12,336 posts)Do you even know what brandishing is legally?
Brandishing is illegal in every state of the Union.
EX500rider
(10,834 posts)If you are actually more concerned about dead toddlers then a anti gun culture crusade then yes, drowning is the #1 killer of toddlers. But I am guessing not.
That simply wasn't even possible before the NRA "taught" people how to read the constitution.
Not really, if the authors of the Constitution had meant for only militia members to own firearms they would have started enforcing that as soon as it was passed. But since they put it in the "Bill of Rights" it is a Right of the people like all the 1st 10 amendments.
LiberatedUSA
(1,666 posts)You make the mistake of lumping all police into doing what you want done.
The police in the left-leaning Democratic cities would run with your powers hardcore. All would be affected, many those you consider Democratic voters.
Who wont be putting up with it in the cities? Rural, redneck AR-15 owners in the middle of a cornfield. Do you see many cornfields in San Francisco?
Do you know why? Because Rural, redneck AR-15 owners who also vote Trump tend to live in the cornfield and cow states where the police are made up of Rural, redneck AR-15 owners in the middle of cornfields. The same states that have already voiced not following any new federal gun laws.
So tell me again, your plan. Will you involve the military now? They are not allowed to do civilian police work. However, Im guessing (based on what Ive seen), youd want that little bit ignored as much as you want the 4th Amendment ignored.
MarineCombatEngineer
(12,336 posts)MarineCombatEngineer
(12,336 posts)Let's just shit all over the Constitution and BoR.
Warrantless searches? Sounds like a dictatorship to me.
Mandatory imprisonment, fine and confiscate hand gun ownership.
Yeah, let's enrich the prison system with more Americans, which would impact POC more than white people and probably get alot more of POC killed, while at the same time, ensuring a very nasty and bloody civil war.
That's fucking brilliant.
Why? To what end?
Good luck with that.
Do you really believe that ANY court in this land would uphold such laws?
How would you get such laws passed, even Democrats wouldn't vote for such unconstitutional laws, they're smarter than that.
And you think this is simple?
I think the simple is somewhere else.
Some of the shit I read here just blows my mind sometimes.
EX500rider
(10,834 posts)Hey it worked in Mexico didn't it? lol
jaxexpat
(6,815 posts)It does, however, empower the congress to make laws regulating non-militia firearm possession. It's a political predictability that any mention of firearm control brings out the deranged ranting of guns fetishes. Fetishes, however, do not preclude the right to vote. When everyone is as able to vote as are white republicans there may be a serious conversation about gun control.
The simple thing about it is identifying the problem and the solution. The hard part is imposing any reasonableness into the situation.
All the people in my family who buy into the GQP baloney also own guns. There are none who support progressivism, vote Democratic and also own guns. I don't think that's unusual.
And just what is wrong with a mandatory inspection to assure that weapons are being accounted for and stored safely?
MarineCombatEngineer
(12,336 posts)If you can't figure that out, then I'm truly sad for you.
All You want to do is crap all over the Constitution and BoR with your "proposals", but I'm not worried in the least with your nonsensical "proposals", they wouldn't even survive the first court challenge, much less make it through the Congress.
jaxexpat
(6,815 posts)It's perfectly fine if people loan their guns out or leave them laying around loaded in the rec-room.
and BTW, "If you can't figure that out, then I'm truly sad for you."
MarineCombatEngineer
(12,336 posts)Put up or..............
sarisataka
(18,563 posts)Your proposals are in direct violation of at least 4 of the amendments.
jaxexpat
(6,815 posts)sarisataka
(18,563 posts)Possibly 8th, 9th and 10th depending on the details of enforcement and imprisonment.
jaxexpat
(6,815 posts)MarineCombatEngineer
(12,336 posts)to satisfy your disdain of firearms owners.
jaxexpat
(6,815 posts)MarineCombatEngineer
(12,336 posts)that's usually the sign that you've lost the debate.
Have a great weekend.
sarisataka
(18,563 posts)The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This is the 4th.
jaxexpat
(6,815 posts)Perhaps other civil rights as well. The point is that all this waiving of rights is done on a very narrow basis and voluntarily. Similarly to the concept of waiving ones rights to council or to remain silent under questioning. Or like the application of the uniform code of military justice one accepts (in lieu of the constitutional application for civilian citizens) when joining the military. The intentional outcome is to make it an introspective process and a potentially uncomfortable undertaking to own a gun legally. This is as it should be. Possession of a lethal weapon is a serious responsibility. One which, all too often and easily, is taken on by irresponsible people.
I'm not an exceptionally dense person (not really exceptional in any respect) though you seem to envision and portray me that way. I make effort to choose my words with care. The leap to visions of jack booted thugs run amok in a lawless police state, indiscriminately knocking down doors is unnecessarily dramatic.
MarineCombatEngineer
(12,336 posts)Enact warrantless search liability on all registered gun owners.
Imprison/fine and confiscate unregistered gun owners.
Mandatory imprisonment, fine and confiscate hand gun ownership.
So tell us just how the fuck are we to interpret that?
This is the kind of power tyrants love, so what does that make you?
jaxexpat
(6,815 posts)There are existing parallels for these proposed statutes already enacted and enforced. As evidenced in the fact that there are already items which are regulated or deemed illegal for private citizens to possess. We accept those regulations and prohibitions as within of our government's jurisdiction.
Are you under the impression that, somehow, personal ownership of guns prevents tyranny? Or that regulatory legislation enacted by a representative government in response to public safety concerns is tyrannical? Those questions seem to get to the heart of your concerns about "tyranny". Have I misinterpreted?
You have asked how do I propose to see such regulation passed. In answer: I have no hope of ANY legislation which does an actual public service passing into law so long as our government is confounded by GOP actors seeking the spot light, desperate for re-election or the nation is hobbled by a large minority of misguided people on a rampage against truthful data, facts.
Would you, please, consider stopping the hard push? This discussion, from my point of view, seems personal and is assuming the appearance of a personal attack. Our conversation seems like some sort of rear-guard, guerilla action while the thread has moved the main battle into history, made more absurd by it's isolation.
MarineCombatEngineer
(12,336 posts)How long do you think that such laws would be used to curb other Constitutional Rights?
Do you think that the repigs would love to have such laws on the books?
How fast do you think that the repigs would interpret such laws to apply to our other rights?
Once you open the door to such laws as you are proposing, then the floodgates will open to curb other Constitutional Rights.
Let me ask you this, are you also in favor of hate speech laws?
jaxexpat
(6,815 posts)One person's "hate speech" may be another's sarcasm. Regulating arbitrarily will lead to at least one (or both) of two things: irrelevance, abuse.
"Hate (or any) Speech", when an aspect of evidence for a statute violation, could influence a jury in deciding it's verdict but shouldn't be the statute itself or an additional violation with mandatory consequences.
I get it. You seem to see a slippery slope situation in meaningful gun regulation. Others might see it as a, "I give an inch / They take a mile" situation. I'm among those who see that (for over 40 years) the pro-gun lobby has continually poured money and influence through the flood gates opened by a distinct LACK of plain spoken gun regulation. I think this victory over gun-legislation was won through misinforming people that, among other things, Democrats will take their guns. The most outrageous lie is their proposition that gun ownership will help ensure the congress does the will of the people. I think the echoes of lies propositioned in arguments against gun regulation are the primary reason hand gun and automatic rifle ownership has increased and the nation is so split.
I speculate that some gun owners become owned by their guns due to strong psychological attachments.(and I'm not saying you, here) I've seen it in otherwise normal people. Might be the reason this issue has stuck so long.
I do, however, draw a line when I see the 2nd amendment used to justify personal ownership of weapons of war. "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." I don't see this verbiage as a free-for-all license for everybody to own and publicly carry an automatic rifle or to store a .45 in their purse or vest holster. I don't think the writers ever intended to infer a right for everyone to be armed with weapons designed only for war and/or the killing of people.
The GOP does not want such statutes on the books. That's why they have always opposed them. That, alone, is evidence enough that maybe they'd be a good thing. G'day.
MarineCombatEngineer
(12,336 posts)and your proposal about unwarranted search in firearms owners homes just because of your disdain for firearms doesn't justify shredding the 2nd and 4th Amendments of the Constitution, period.
Think about it, which Amendment would be next? The 1A? The 5A? The 10A?
And so on and so forth.
Be careful what you wish for, there will be dire consequences, especially when, not if, but when the repigs are back in power sometime in the future.
Sorry for the hostility, but I get a little peeved when someone starts proposing shredding the Constitution, something I spent 35 years of my life defending.
Semper Fi.
Good day to you also.
MarineCombatEngineer
(12,336 posts)No, I do not, what I am under the impression is that Americans, as long as they are legally able to, have the right to own firearms not connected to any militia service, as the Heller ruling so succinctly stated.
jaxexpat
(6,815 posts)The five were GOP style "conservatives", appointed by republicans. How useful is their wisdom, really?
MarineCombatEngineer
(12,336 posts)what matters is that it is now the law of the land.
jaxexpat
(6,815 posts)MarineCombatEngineer
(12,336 posts)You posted that it was a 5-4 decision, so I answered.
So what if it was a 5-4 decision, many, many rulings have been a 5-4 decision, that doesn't change the fact that the 2A confers a right for Americans to privately own firearms without any connection to military or militia service.
MarineCombatEngineer
(12,336 posts)"Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapons whatsoever in any manner whatsoever and for whatever purpose," Justice Antonin Scalia wrote for the majority. But it did allow for individuals to have guns for lawful purposes, such as hunting and defending themselves, he said. The majority clearly saw the individual right to own a gun.
So, according the the late Justice Scalia, firearms can be regulated, all that's required is the political will to do so, and as long as any regulation can pass constitutional muster.
jaxexpat
(6,815 posts)Though, "Constitutional muster" is not necessarily a hard and fast metric. It bends with the momentary will of 2/3rds of the federal and state legislatures. An admittedly hard hill to climb. But as a back up there are always the politics of the USSC judges.
It would be helpful if the term "militia" were defined as it was "intended" for use in the constitution. By separating military service from gun ownership (and unnecessary clarification in my opinion) the Fab-Five merely confused the issue. Leaving it a burden for future clarification. Without saying as much, they left the idea that Militia is an unimportant and misplaced concept by failing to incorporate it's propriety into this determination of 2nd amendment limits. When approached from that logical standpoint, the whole business isn't yet settled because they refused to credit the meaning of the original constitutional sentence with that term included. The "toss-off" to defining military service doesn't close the gap in logic. As usual, these 5 guys were not up to the task but, hey, it was tee time.
USSC judgements are not often contested. Especially very soon after their issuance. Mostly because it gives time for the country to get used to the judgement or the judges to be dead and comfortably disrespected. Something about the gravity of the institution. So we live with it, right?
MarineCombatEngineer
(12,336 posts)now if future generations wish to change it, hopefully not, that's their concern, I won't be around to see it, but for now?
Well thought out post and great points.
Just to clarify, I'm not a gun person, I don't even own, nor want guns in my home nor my truck, after 35 years in the Marines, I have no desire to ever own another firearm, the only weapon I keep in my truck is my tire thumper for checking my tires every morning and every evening when I stop for the night:
but I do believe that the 2A is just as important as the rest of the BoR and lawful Americans do have the right to privately own firearms, with certain restrictions attached.
You also posted that hunting fees need to be raised by 100x, to what end?
To ban hunting except for the rich and elite?
Alot of rural Americans rely on hunting to supplement their diet, so you would be hurting them in the pocket book, if they could afford the permit at all, so the only ones that hurt would be the ones that can least afford it.
Does that sound fair?
And what about the populations of game animals? Without hunters, we would be over run by deer, elk, etc, which can do great damage to crops, grass, more accidents because of animals on the roads, etc.
Just wondering why you would hurt the Americans who could least afford it.
LiberatedUSA
(1,666 posts)May want to think on it. Any wildly popular 5-4 decisions you may agree with. You should be able to answer that.
Oh, I get it. If the 5-4 is in our favor, it is good and the winning opinion is what we need to concentrate on. If the 5-4 is not in our favor, then it was activist judges and the dissent is all we need to concentrate on.
I bet they have the same view towards cases they lose.
jaxexpat
(6,815 posts)It's the fact that there are 5 "conservatives" on the court. In 2021, when the judgement goes 5 -4 it means the sensibilities of 2/3 of the country are ignored and another victory for fascists.
I don't have any concern for what conservatives view until they can act right in public, support right to choose, vaccinations. When they learn to say Black Lives Matter and Trump lost because he's a loser. And if they'd run a candidate who wins the executive office without the electoral college. And maybe universally condemn an assault by a mob on the congress.
When progressives lose it's a blow to hope.
MarineCombatEngineer
(12,336 posts)Scrivener7
(50,934 posts)who left a deadly weapon accessible to the toddler should be convicted of murder. Because that's what this shit is.
I am so sick of the gun freaks taking the "I'm so reasonable, but really, what can be done" bullshit in the face of tragedies like this one. It's inhuman and disgusting, and this insistence that one's hobby is worth ANY price is soulless
Disgusting.
And PS, in your defense of your hobby, no one cares what YOU are hoping for.
ShazzieB
(16,352 posts)I am NOT a "gun freak." I have never owned a gun and have no interest in ever owning one. I am as pro gun control as anyone, and I hate the Heller v. DC decision with the fire of 1000 suns.
I don't know what the solution to America's gun problem is, but charging every gun owner whose property is used to kill someone regardless of the gun owner's personal intent is just not a viable suggestion. It's out of sync with too much case law regarding a property owner's liability (or lack thereof) when their property is used by someone else to commit a crime.
I can't completely rule out the possibility of there ever being a case where that might be appropriate, but as a blanket rule as you're proposing? No. That dog will not hunt.
Ziggysmom
(3,406 posts)by Barska. Never have to worry when friends with kids stop by. We keep the hubby's narcotic pain meds in the safe, too.
Florida has a weak CAP law, a conviction for a second-degree misdemeanor can result in up to 60 days in jail, 6 months probation, and a maximum fine of $500.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.174.html
790.174 Safe storage of firearms required.
(1) A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in s. 790.001, and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minors parent or the person having charge of the minor, or without the supervision required by law, shall keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure or shall secure it with a trigger lock, except when the person is carrying the firearm on his or her body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body.
(2) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the minors parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law:
(a) In a public place; or
(b) In a rude, careless, angry, or threatening manner in violation of s. 790.10.
This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.
1(3) As used in this act, the term minor means any person under the age of 16.
History.ss. 2, 7, ch. 89-534; s. 1216, ch. 97-102.
1Note.Also published at s. 784.05(4).
Scrivener7
(50,934 posts)Crunchy Frog
(26,579 posts)At least not in the country as it currently exists. If the country eventually breaks apart, maybe the sane part can write a constitution that isn't bound by something that maybe had meaning in the 18th century.
Since nothing can currently be done, I'm to the point where I can't give a fuck anymore.
People are going to continue to leave loaded and unsecured guns around toddlers, and the logical consequences will continue to happen. I will do the best I can to avoid those sorts of people.
The King of Prussia
(737 posts)I genuinely don't understand the mentality of it, or how a society could tolerate it.
gab13by13
(21,287 posts)the militias were formed to aid the central government not as a check on it. I'm from Pa. and I try telling these people to Google the Whiskey Rebellion in Pa. Whiskey makers in Pa. rebelled against paying taxes and a militia was sent by the central government to quell the rebellion. The entire notion of the founders' purpose for having well regulated militias has been turned ass backwards and our MSM never attempts to correct this fallacy.
Maine Abu El Banat
(3,479 posts)$12 trigger lock. Would it have really taken their freedom.
EX500rider
(10,834 posts)Last edited Sat Aug 14, 2021, 01:18 PM - Edit history (1)
Toddlers don't have the strength to work the slide.
But keeping firearms locked away from children is the best choice.
Crunchy Frog
(26,579 posts)marie999
(3,334 posts)Tom Yossarian Joad
(19,227 posts)firearm than by knife or other instrument by the simple virtue of being less connected to the actual acts.
Nexus2
(1,261 posts)twodogsbarking
(9,723 posts)It is to be expected.
HAB911
(8,873 posts)I'm wearing out my "thoughts and prayers" key
Tarc
(10,476 posts)Tom Yossarian Joad
(19,227 posts)be addressed? It isn't really a Left/Right issue but it seems there is a segment in America whose hair catches fire at any mention of laws that might keep firearms out of the hands of crazy people and children.
Scrivener7
(50,934 posts)Tarc
(10,476 posts)Scrivener7
(50,934 posts)But your defense of right wingers and militias is noted.
Tarc
(10,476 posts)Better luck next time.
The Twitter account @Well_Regulated_ is a listing of idiotic and/or criminal gun events, the point of which is that our gun culture fails even the basic test of "well regulated" in the Second Amendment. Their way of making this point is by posting gun-related crimes and accidents and fronting their description with "A member of our well-regulated militia..."
It has nothing to do with right wingers or militias. It's also weird that you'd simply post these pictures of African Americans as evidence for your own bizarre claim, but I'll leave that for others. It's enough to show here that you jumped to conclusions on the one point - no need to highlight your stereotyping on the other.
Link to tweet
Link to tweet
Link to tweet
Crunchy Frog
(26,579 posts)I'm all out of fucks over something that CAN'T be changed.
People who choose to live like that choose to live with the potential consequences. Hope it's working out for them.
dsp3000
(482 posts)SYFROYH
(34,165 posts)Last edited Sat Aug 14, 2021, 04:51 PM - Edit history (1)
Safe storage is one way to prevent these types of shootings.
If you know someone with kids and who has a handgun, you might want to do them a favor and buy them a lockbox.
Something like this is a simple combination lockbox that costs about $25, but it keeps tiny fingers off of triggers.
When my friend had his first child, I bought him something like this that cost $125. That was 17 years ago and he still keeps his Glock 17 in it in his bedroom.
Dial H For Hero
(2,971 posts)Tom Yossarian Joad
(19,227 posts)as it lends itself to my personal thoughts of how many see themselves in the defense of firearm ownership groups. The hero waiting in the wings to save the defenseless.
Dial H For Hero
(2,971 posts)I collected comics for decades.
USALiberal
(10,877 posts)Dial H For Hero
(2,971 posts)It's. A. Comic. Book.
MarineCombatEngineer
(12,336 posts)Scrivener7
(50,934 posts)don't seem to see.
It seems to be a defining characteristic.
Crunchy Frog
(26,579 posts)If they love their children more than they love their guns, they'll take that responsibility on themselves.
SYFROYH
(34,165 posts)We do things like that to help and because we care.
If giving a lock box offends your sensibilities, then thats OK. Give them cabinet locks, baby monitor, baby Tylenol, or anything else to help new parents.
It takes a village.
Crunchy Frog
(26,579 posts)I won't involve myself with those people.
spike jones
(1,678 posts)SidDithers
(44,228 posts)A certain percentage of all people are irresponsible fuckwits.
This is true for both gun owners and those who don't own guns.
But the irresponsible gun owner fuckwits regularly get people killed.
Sid
grantcart
(53,061 posts)EX500rider
(10,834 posts)Liberal In Texas
(13,542 posts)OK, many times.
I posted this story yesterday
Florida woman on a business Zoom call shot and killed by her toddler.
https://www.democraticunderground.com/100215733699
It got very little attention. Today, the story is a day older and it's got a hundred replies and 35 recs.
Tom Yossarian Joad
(19,227 posts)The only difference was I used a title different than the original that in essence gave a statement relating to my opinions on the easy access of guns in America.
Liberal In Texas
(13,542 posts)basically the same thing is like, "Oh wow."
When I saw the story I had a "holy cow' moment and thought it would be of interest here. I guess it was, eventually.
I just find it curious.
Tom Yossarian Joad
(19,227 posts)Dial H For Hero
(2,971 posts)Early in this thread, I posted a calm, somewhat lengthy reply explaining why I didnt see a practical way of preventing this sort of tragedy in the future, given political practicalities. This infuriated a number of people with whom I interacted further.
I was hoping for a more rational discussion (there was one poster in particular with whom things were going well), but it quickly degenerated to the point that I was being called (among other things) a monster complicit in countless murders. At that point I withdrew.
Such is the Internet.
ecstatic
(32,677 posts)Liberal In Texas
(13,542 posts)A big melee certainly attracts attention.
Mr.Bill
(24,263 posts)but one of the comments that make things take off. I have had three OPs make it to the top of the greatest threads page with triple digit recs, and when I posted each of them I expected no more than ten or so responses and recs.
Crunchy Frog
(26,579 posts)They've obviously noticed and swarmed this one.
EX500rider
(10,834 posts)...with door to door warrantless searches etc
Iggo
(47,546 posts)Response to Tom Yossarian Joad (Original post)
Post removed
Crunchy Frog
(26,579 posts)This is what we, collectively as a society, have decided we can live with, in the name of freedumb.
UnderThisLaw
(318 posts)are even better than the Afghanistan threads at bringing out the usual suspects to circle jerk
LiberatedUSA
(1,666 posts)to stand as an exception to the rule, but another news story that was gun-related and posted by another poster lasted about 5 or so posts before getting locked. This place needs to write down what rules get exceptions and what exceptions are not allowed among exceptions.
Tom Yossarian Joad
(19,227 posts)Perhaps after you have been here for a bit you'll read them. Have a nice day.
LiberatedUSA
(1,666 posts)Also has a lot of unspoken rules and you know it.