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?