A US appeals court Saturday paved the way for a California law banning the concealed carry of firearms in “sensitive places” to go into effect January 1, despite a federal judge’s ruling that it is “repugnant to the Second Amendment.”

The law – Senate Bill 2 – had been blocked last week by an injunction from District Judge Cormac Carney, but a three-judge panel filed an order Saturday temporarily blocking that injunction, clearing the path for the law to take effect.

The court issued an administrative stay, meaning the appeals judges did not consider the merits of the case, but delayed the judge’s order to give the court more time to consider the arguments of both sides. “In granting an administrative stay, we do not intend to constrain the merits panel’s consideration of the merits of these appeals in any way,” the judges wrote.

  • ColeSloth@discuss.tchncs.de
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    1 year ago

    If a person with a gun decides they’re going to start shooting, are they going to shoot the other person with a gun first, or last?

    A law like this doesn’t stop criminals so much as it let’s them not worry about being shot at. It doesn’t stop a criminal from having a gun. It stops everyone else from having a gun.

    Explain to me how it makes a park safer to not allow concealed weapons in it. I’ll listen to your reasoning. No big wall of text with 50 reasons that would take ages to go over. Just explain to me how a law that stops a law abiding citizen from having a concealed weapon in a park will make it safer.

    • drewofdoom@lemmy.world
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      1 year ago

      LOL, “I’m willing to listen to reasoning, but only if you format it in a way that I’m willing to read.”

      For real, though, fewer guns means fewer gun crimes. The whole ‘then only outlaws will have guns’ is really a myth. Statistics have shown over and over again that the vast majority of criminals who purchase guns do so legally. If they can’t purchase one locally, they just go a state over where the laws are lax. The whole ‘black market’ gun stores thing is just a false argument.

      The idea that a ‘good guy with a gun’ will make everyone safer is also pretty well debunked. Just look at John Hurley - the ‘good guy with a gun’ who was posthumously branded a hero after he was shot by the police.

      Guns are inherently unsafe. We’re never getting rid of them in military applications, but any reasonable restrictions for private ownership should be a no-brainer.

      All the arguments for ‘private gun ownership makes us safer’ fall apart under any scrutiny. So does the constitutional argument. The only real, provable argument you have is that your personal freedom to own a killing machine is more important to you than public safety.

      • ColeSloth@discuss.tchncs.de
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        1 year ago

        I wouldn’t argue against all of what you said, but that isn’t this law. It’s not fewer guns, or gun purchase restrictions, or legally owned guns or any of that. This is just a law that bans concealed carry at a few added places. Police can’t search a person without cause. These aren’t security restricted places places where you get checked for weapons before entering. There’s literally no hindrance to go into a park with a concealed firearm aside from “its against the law”. How will this stop the criminal sort from having or using a gun? Do you think a person robbing someone at gunpoint will be like “woah, I can’t rob them with this in the park. That’s extra illegal now”? Or that the criminal sort will stop going to a park with a gun, even though they wouldn’t be able to get caught with it if they leave it concealed and don’t do anything that would cause a cop to be allowed to detain and search them? The law passed doesn’t really do much to make these places safer.

        • drewofdoom@lemmy.world
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          1 year ago

          And here’s the other argument we hear all the time. “This bill doesn’t fix everything, so it’s pointless and should be dropped.”

          Drinking in a car is illegal, but how would an officer be able to tell if there are passengers drinking behind tinted windows? If the driver has booze in his or her or their yeti, how would a cop know? Since the cop can’t know, drinking in cars should be legal, even for the driver.

          That’s basically what you’re arguing.

          Sometimes a bill is stripped down in order to pass with conservatives or moderates. Sometimes a bill is a trial balloon for what you really want to pass. Sometimes a bill addresses a specific issue, and that it doesn’t fix some other issue is just moot.

          And sometimes you have to walk before you run.

    • Hawk@lemmy.dbzer0.com
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      1 year ago

      Shooting a weapon is always a risk. Not allowing weapons takes that risk away.

      A concealed gun isn’t going to do shit when the mugger is already holding you at gunpoint.

      I’ve never understood why you’d want a gun. The risks of guns being everywhere just seems a lot more obvious than the rare situations where they’d actually be useful.
      Guns are far more likely to be used for bad than good, that’s why you want as little as possible guns around…

      • jackoneill@lemmy.world
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        1 year ago

        That’s simply untrue. On several different occasions I’ve avoided getting mugged/carjacked/robbed because I saw someone who looked like they were coming my way with intent and their hand in their pocket or just starting to draw it out, so I pulled out my own and in each case they turned around and walked away, presumably to find an easier target. Same with the multiple times armed junkies broke into my house - they see my gun, and they run rather than proceeding to do whatever the fuck they were going to do. I am a cripple, so I’m not gonna be able to fight - it’s this or nothing. Not just me, but my wife and son as well.

        Yes, guns are bad. Yes, less guns is good! Total agreement. Unfortunately, life is not so black and white. In the US we have SO MANY GUNS, and so many available illegally, and cheaply, that any of these gun laws are only stopping law abiding citizens like myself from having a tool to defend ourselves with, as a criminal is going to be carrying wether it’s legal or not for him to as it’s readily available.

        Australia and the UK, shit even Canada, are so different in this respect (guns per capita and availability and cheapness of black market guns specifically) that you really can’t compare policy - what works there isn’t necessarily going to work here.

        So what’s the answer, you say? Lots of things!

        We have a lot of gun laws on the books in regards to background checks/greymarket/gunshow sales/etc that are simply not enforced, or not enforced well. Enforce them! Make the checks more strict, stop letting folks with mental issues buy guns, etc.

        Want a gun? You should have to take a mandatory safety course for that specific type of gun (shotgun, revolver, semi auto pistol, etc - just like classes on your drivers license). You should have to pass a test and renew it regularly, similar to CCW permits on most states. Let’s make it so that if you ARE a law abiding citizen carrying a gun, you know how to safely use the kind of gun you carry, can shoot reasonably accurately with it, have been taught your local self defense laws, have been taught trigger discipline, and have been taught how to check your fucking backdrop before you pull the trigger so you don’t put other innocents at risk when defending yourself.

        Do something to limit the number of new guns brought into the system. The ones we got are here, can’t really do much about that without people losing their collective shit. But we ought to be able to slow down the numbers of new ones made available to the public, via extra taxes, limits on how many guns a person can purchase in a time period, I don’t know really, this is a hard one, but I think it’s the way we need to do it so we don’t just fuck over the average citizen - gradually.

      • ColeSloth@discuss.tchncs.de
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        1 year ago

        The law doesn’t actually do anything to remove guns from criminals. These areas aren’t secure to get into. There’s no controlled entrances or frisking or metal detectors. There’s nothing that prevents a criminal from having a concealed weapon there. So you think someone that would pull out and use a gun not in self defense is going to worry about our be deterred by having an extra charge of having the gun at the zoo?

    • Flying Squid@lemmy.world
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      1 year ago

      If a person with a gun decides they’re going to start shooting, are they going to shoot the other person with a gun first, or last?

      This is, once again, just a supposition. Is there any evidence anywhere of a mass shooter gong for an armed person first during a mass shooting?

      • ColeSloth@discuss.tchncs.de
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        1 year ago

        Ignoring the logic that even an insane person going on a shooting spree would want to shoot the armed people first, exactly how many mass shooting events do you think there are in comparison to smaller event shootings?

        I have the answer for you. While there may be a mass shooting 20 to 50 times a year, ruling out suicides and accidents there are about 210 people shot per day.

        Aside from you wanting evidence of a completely obvious thing a mass shooter would do, you’re trying to compare something that happens in less than a single percent of all other shootings.

        Furthermore, there are almost 12,000 robberies in the US each year using knives, over 200 by choking victims, and over 4,000 per year using blunt weapons like baseball bats. Now you can interpret or swing all those statistics whatever way you’d like, but it would stand to reason that having a visible gun on you would go two ways- either the person doesn’t attack you due to fear of the weapon, or they would beat/stab you without warning or threatening the victim so they couldn’t have a chance to pull their gun out. Having a concealed weapon would give you an option to take the attacker off guard if the situation arose.

        • Flying Squid@lemmy.world
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          1 year ago

          exactly how many mass shooting events do you think there are in comparison to smaller event shootings?

          I didn’t bring up mass shooters. I just talked about guns as a deterrent. Other people brought up mass shooters.

          Furthermore, there are almost 12,000 robberies in the US each year using knives, over 200 by choking victims, and over 4,000 per year using blunt weapons like baseball bats.

          What does that have to do with anything?

          it would stand to reason that having a visible gun on you would go two ways- either the person doesn’t attack you due to fear of the weapon, or they would beat/stab you without warning or threatening the victim so they couldn’t have a chance to pull their gun out. Having a concealed weapon would give you an option to take the attacker off guard if the situation arose.

          Okay, great. Then I’m sure you can back up this reasoning with data on how often this happens vs. how many times attackers are fended off in other ways.

          Why is there not data on this? Aren’t all of you who are just saying “it’s logic” or “it stands to reason” curious as to why there is absolutely nothing anyone has presented so far that can back up what you say?

          Google tells me concealed carry started in Georgia in 1976. And all of you expect me to believe that in 45 years we do not have any studies that show whether or not concealed carry is effective as a crime deterrent? I’m not even saying no such study exists. I’m saying that if it does exist, none of you even know and most of you don’t care either.

          Because, again, we are talking about a law here. Laws, and repeals of laws, should be based on evidence, not guesses, not ‘it stands to reason,’ not ‘it’s logical to think,’ not ‘we hope.’ Evidence. And if California proposed a law requiring every gun owner to, for example, submit their weapon for regular safety inspection, I would sure hope you would demand some evidence to support such a law.

          This is what bothers me so much about gun discussions overall, both people who are into guns and people who are against guns- so much resistance to evidence. So much reliance on what you think is reasonable or rational or logical.

          If you want guns to be illegal, fine. Show me evidence and data from other countries to support your argument.

          If you want concealed carry to be legal in California, fine. Show me evidence and data from other states that shows that it is effective and safe.

          Why is this so unreasonable?

            • Flying Squid@lemmy.world
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              1 year ago

              I said it in response to:

              If a person with a gun decides they’re going to start shooting, are they going to shoot the other person with a gun first, or last?

              What did you mean if you weren’t talking about mass shooters?

              • ridethisbike@lemmy.world
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                1 year ago

                He’s right… What he said doesn’t automatically constitute a reference to mass shootings. When I read it, I didn’t think of it in that regard.

                That said, he’s pulling the straw man out for you, or moving the goal posts, or whatever its called… He’s not answering your questions and instead turning the argument against you by focusing on something you said wrong. He’s arguing in bad faith.

                • ColeSloth@discuss.tchncs.de
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                  1 year ago

                  After the beginning of his reply started off with saying he wasn’t the one who brought up mass shootings, I didn’t bother reading the rest of his post. I wasn’t going to give a guy who can’t believe his own words he wrote my time of reading the rest of his post. Before that post though, I don’t think I moved a goal post anywhere. In fact, all I wanted was a simple response to the question I had asked about how it makes it safer at a park, which I believe no one answered.

                  • ridethisbike@lemmy.world
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                    1 year ago

                    Ok so you’re both arguing in bad faith then, got it.

                    Before that post? No, you didn’t, but I wasn’t referring to that post, was I?

                    And you’re right, no one answered it. Everyone in this thread needs to understand that the person they’re talking to isn’t going to do the work to change their own minds. You want to change someone’s mind? Put in the work, show references. Show studies. Show articles. We can all argue on logic and suppositions until the cows come home, but when has that ever worked for you to change someone’s mind on such a divisive subject?

                    I can Google a million articles about people getting shot with their own gun. Can you also do the same and show me something where the law abiding, gun carrying, citizen saved the day at a park? I bet you can. Prove it.

                    There will always be violence. Guns don’t change that. The only thing they do is make the death toll go up faster. You want to reduce the number of deaths by gun? Reduce the number of guns. And I say that as a law abiding gun owner.

            • ridethisbike@lemmy.world
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              1 year ago

              You’re correct on that point. But you still didn’t answer his question. Don’t argue in bad faith like all the others do. He’s trying to have a constructive discussion with you. You want to change his mind? Then engage with him. Otherwise acting like you just did shows that you have no intention of engaging with the actual topic and are instead trying to put him on the defensive because you know you lost this argument.

              • ColeSloth@discuss.tchncs.de
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                1 year ago

                The guy never answered the one question I asked about to begin with. Look up there. I wrote it out very plainly and specifically and got no response about how this law will make a park more safe. All of his responses you’re speaking of about the open discussion has not been a discussion of the one question I very specifically asked for. He’s just been trying to shift the discussion over to something else. Amusingly because he has no sound argument on it.