this post was submitted on 07 Jan 2024
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LOS ANGELES (AP) — A new California law that bans people from carrying firearms in most public places was once again blocked from taking effect Saturday as a court case challenging it continues.

A 9th Circuit Court of Appeals panel dissolved a temporary hold on a lower court injunction blocking the law. The hold was issued by a different 9th Circuit panel and had allowed the law to go into effect Jan. 1.

Saturday’s decision keeps in place a Dec. 20 ruling by U.S. District Judge Cormac Carney blocking the law. Carney said that it violates the Second Amendment and that gun rights groups would likely prevail in proving it unconstitutional.

The law, signed by Democratic Gov. Gavin Newsom, prohibits people from carrying concealed guns in 26 types of places including public parks and playgrounds, churches, banks and zoos. The ban applies regardless of whether a person has a concealed carry permit.

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[–] [email protected] 19 points 9 months ago* (last edited 9 months ago) (3 children)

~13 people in the US have died from a "shooting"during 8 separate events 7 days into 2024, another ~30 injured.

I'm also not saying state enforced concealed carry bans are the way, but you guys gotta do something.

About half were murder suicides, a quarter were drive-by shootings and the last quarter were bar/party fights.

[–] [email protected] 40 points 9 months ago* (last edited 9 months ago) (1 children)

How many of those shootings were committed by someone who has a CHL? How many are committed by felons or criminals who are already prohibited from carrying any guns anywhere?

[–] [email protected] 5 points 9 months ago (4 children)

Sadly were stuck between "ban guns" and "ban banning guns" with little to no consideration for the underlying issues.

I guess that's too hard a platform to campaign on, though

[–] [email protected] 9 points 9 months ago (1 children)

Pro/con 100% ban is an easy lever to pull unfortunately, for all sides. Republicans get essentially free votes and campaign dollars from very active and hardline single-issue voters, Democrats get fundraising and media time from pushing restrictions (regardless of efficacy). The needle moves left a little here, right a little there, but the core of 2A and the societal effects are untouched.

The huge number of suicides get shuffled off to ‘we need better mental health’ soundbites and individual responsibility to ‘reach out if you can’t cope’. Red flag laws may not survive court challenges surrounding due process post-Heller ruling with strict scrutiny, but there needs to be something there for imminent harm prevention.

Taking guns away from domestic abusers gets a pass because both sides don’t dare pull on that thread, lest 25-40% of police officers be disarmed because they abuse their partners. Best we can do for 4473 denials for those under restraining order, and prior convictions apparently?

There’s hope for a positive way forward, but it’s not done by laser focusing on the problem as a purely gun issue. It’s a mixture of social and economic issues that manifest largely in intra-community violence, and while I’ve only seen Oakland CA take a crack at untangling that one, they’ve seen results already.

[–] [email protected] 1 points 9 months ago (1 children)

Best we can do for 4473 denials for those under restraining order, and prior convictions apparently?

You can prosecute someone for lying on a 4473, but they don't.

[–] [email protected] 2 points 9 months ago (1 children)

It’s still a crime that’ll get you 5 years though. If prosecutors routinely drop/plea away gun charges that’s a judicial issue that should be addressed. Mandatory minimums are not a good solution, but there’s apparently reduced interest in securing convictions for gun charges versus drug and/or violent crimes

[–] [email protected] 1 points 9 months ago

Persons convicted of domestic abuse are prohibited from owning or possessing a firearm. It is a crime for a prohibited person to attempt to purchase a firearm. I only meant to point out that there is an opportunity to go a step further than just denying the sale at the 4473 stage.

If prosecutors routinely drop/plea away gun charges that’s a judicial issue that should be addressed.

I agree.

[–] [email protected] 4 points 9 months ago* (last edited 9 months ago)

Common sense, data and actual arguments? Yes, those are completely useless as a platform since post-factual populism has replaced real politics.

[–] [email protected] 1 points 9 months ago

No votes or money in actually reading the amendment or looking at the spring loaded bolt common to all semi-auto weapons. (Not just the scary looking ones). If we can't even do that what hope do we have of actually bringing our mental health system back, or dealing with the orphan crushing machine that drives many people to crime in the first place.

[–] [email protected] 3 points 9 months ago

but you guys gotta do something.

The real things that need to be done are fixing underlying, structural problems, and it would likely take about 2-3 generations to largely fix. There are a lot of problems that contribute the rate of violence, so fixing any one thing, by itself, isn't going to have an enormous effect. And there are groups of people that are actively trying to accelerate the problems, because they believe that there are certain moral or religious arguments at stake, rather than utilitarian ones.

Lots and lots of violence could be reduced by reducing poverty; not many people get involved in crime when they have other good options. But hey, that's socialism. Dems say they want to do things like that, but Dems generally have a problem with doing what they claim they want to do because there are a lot of NIMBY Dems--e.g., it's a nat'l platform that people should have access to affordable housing, but if you try to re-zone for affordable housing in a wealthy Democratic supermajority area, you'll quickly find out that they want affordable housing somewhere else--and Dems that want social change only if it doesn't mean they have to change. (IIRC, there was a certain communist author that pointed out that many of the communists in their area were petty bourgeoisie that believed they would have more after a revolution, rather than being proletariat that just wanted decent wages.)

That said, despite public perceptions, violent crimes are down for 2023. IIRC, homicide rates are also down by several percentage points.