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Mass Shootings Thread (2 Viewers)

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what kind of sense does a law like that even make ??  
I am guessing it's pretty simple - they are tired of the damage guns are doing, probably can't do much in terms of restricting guns, so they decided the people with the guns should carry more of the financial burden of said damage.  

I didn't write the law and don't know of any other places trying such a thing, so I can't speak of it's validity or efficacy.  I just thought it was an interesting approach, but have 0 illusions that it will actually curtail gun violence.  

 
KarmaPolice said:
I am guessing it's pretty simple - they are tired of the damage guns are doing, probably can't do much in terms of restricting guns, so they decided the people with the guns should carry more of the financial burden of said damage.  

I didn't write the law and don't know of any other places trying such a thing, so I can't speak of it's validity or efficacy.  I just thought it was an interesting approach, but have 0 illusions that it will actually curtail gun violence.  
guns don't do damage - they are objects             

"so they decided the people with the guns should carry more of the financial burden of said damage"

now that's more accurate - discrimination ..... attack legal, law abiding people and use the pressures of forcing people to buy thousands of dollars in insurance (over a lifetime, over a decade, per gun? who knows, promises of $25-30 is a joke) that they never wanted nor need in hopes of that what, it'll stop criminals ?

does that make ANY sense at all? we agree - it doesn't ....... so who in the WORLD comes up with stupid ideas like this ?

San Jose City Council = all Democrats + 1 independent

There is your answer 

 
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discrimination ..... attack legal, law abiding people and use the pressures of forcing people to buy thousands of dollars in insurance
Just like we require people who have made a conscious decision to own/drive a car carry insurance to cover the costs of accidents, and pay registration to cover the costs of road maintenance.  

promises of $25-30 is a joke
So you're acknowledging that the actual monetary costs we as a society bear due to gun owners is actually higher?  

 
Just like we require people who have made a conscious decision to own/drive a car carry insurance to cover the costs of accidents, and pay registration to cover the costs of road maintenance.  
Driving isn't enshrined as a right in the Constitution.  Believe it or not, that makes a big difference.

And, if there are no insurers willing to take on coverage, this becomes a backhanded ban on gun ownership.

This law won't survive 5 minutes in a court.  It significantly restricts the exercise of one our our rights and will be tossed expeditiously.  Because it looks to impose a flat fee it will impact those without resources (those in more violent neighborhoods) the most - since many of that population are minorities this bill is also racist on it's face.  Why do we want to take away poor people's right to protect themselves?

KarmaPolice said:
I am guessing it's pretty simple - they are tired of the damage guns are doing, probably can't do much in terms of restricting guns, so they decided the people with the guns should carry more of the financial burden of said damage.  
Society bears many costs in the protection of our duly enshrined rights.  By this logic they'd be in favor of a poll tax.

 
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KarmaPolice said:
If you'd bother to look at the link, it said right in there :

“We know that crooks aren’t going to get insurance. Of course, they’re not,” Liccardo said. “So, when a police officer responds to a domestic violence call and asks the question that every officer asks which is ‘Are there any guns in the home?’ at that time the officer can determine if that individual has followed the law to get insurance.”
Ah, a tool for profiling and harassment!  That sounds like a true liberal bastion.

 
Driving isn't enshrined as a right in the Constitution.  Believe it or not, that makes a big difference.

And, if there are no insurers willing to take on coverage, this becomes a backhanded ban on gun ownership.

This law won't survive 5 minutes in a court.  It significantly restricts the exercise of one our our rights and will be tossed expeditiously.  Because it looks to impose a flat fee it will impact those without resources (those in more violent neighborhoods) the most - since many of that population are minorities this bill is also racist on it's face.  Why do we want to take away poor people's right to protect themselves?

Society bears many costs in the protection of our duly enshrined rights.  By this logic you'd be in favor of a poll tax.
If you believe that, this should be a non-issue.  

Harassment? (your next post) 

 
Where in the constitution does it say that the externalities of gun ownership should be borne by society at large?  
The second amendment.  We, as a society, bear the costs of all those amendments.

To turn this around a bit, the 24th amendment only restricts poll taxes for federal offices.  Should society at large bear the externalities of the costs of state and local elections?  I think the answer to both is yes.

If you believe that, this should be a non-issue.  

Harassment? (your next post) 
I'm not worried about it - like I said I think this is blatantly over the line.  On the second i was just joking a bit.  I do find it a bit ironic that localities that want to defund police at the same time want them probing gun ownership papers (which, let's face it, would be a misdemeanor).  Total split personality when it comes to the stance on policing.

 
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Driving isn't enshrined as a right in the Constitution.  Believe it or not, that makes a big difference.

...

Society bears many costs in the protection of our duly enshrined rights.  By this logic they'd be in favor of a poll tax.
I highly disagree with this.  That gun ownership is enshrined as a legal right is not the same as "everything associated with guns must be free of charge".  If I want a gun right now, I have to take an expensive class to get licensed, then I have to buy the actual gun, and if I want ammo, I have to buy that too.

I can't see any legal logic that allows charging for guns but not charging for insurance to own a gun.

 
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Just like we require people who have made a conscious decision to own/drive a car carry insurance to cover the costs of accidents, and pay registration to cover the costs of road maintenance.  
This is untrue. If I have a 50 acre farm I can have as many cars on that farm as I want.  No registration, no insurance. 

 
Where in the constitution does it say that the externalities of gun ownership should be borne by society at large?  
The second amendment.  We, as a society, bear the costs of all those amendments.
So if I want to hold a rally, exercise multiple first amendment rights it would impermissible for a local government to require a permit and possibly charge a fee to pay for police officers to provide security?  This would be unconstitutional?

 
I highly disagree with this.  That gun ownership is enshrined as a legal right is not the same as "everything associate with guns must be free of charge".  If I want a gun right now, I have to take an expensive class to get licensed, then I have to buy the actual gun, and if I want ammo, I have to buy that too.

I can't see any legal logic that allows charging for guns but not charging for insurance to own a gun.
The second amendment talks about the right the bear arms.  It doesn't talk about the right to have them provided, but if someone does have one the second amendment provides protections and rights to bear them.  

At least that what my non-lawyer, common sense mind says to me.

 
Just like we require people who have made a conscious decision to own/drive a car carry insurance to cover the costs of accidents, and pay registration to cover the costs of road maintenance.  
driving a car isn't a Right

So you're acknowledging that the actual monetary costs we as a society bear due to gun owners is actually higher?  
gun owners are not a monetary cost to society - tens of millions of us pay taxes on what we buy - ALL of what we buy sporting goods wise -  we contribute great amounts of money to wildlife conservation, we support a great many organizations including police and veterans etc

lol - monetary cost to society !

if you could wave a wand and make only criminals disappear, leaving 80 million gun owners, there wouldn't be any problem at all would there ?

 
So if I want to hold a rally, exercise multiple first amendment rights it would impermissible for a local government to require a permit and possibly charge a fee to pay for police officers to provide security?  This would be unconstitutional?
why would police officers provide security ? from who ?

 
So if I want to hold a rally, exercise multiple first amendment rights it would impermissible for a local government to require a permit and possibly charge a fee to pay for police officers to provide security?  This would be unconstitutional?
I don't necessarily disagree with the permit item as, if the gathering is that large, the gathering may be curtailing other folk's rights - so a notification is a reasonable workaround there.  I don't agree that one should have to pay a fee to express our first amendment rights in the public square, though.

Again, that's just my non-lawyer logic train talking.

 
The second amendment talks about the right the bear arms.  It doesn't talk about the right to have them provided, but if someone does have one the second amendment provides protections and rights to bear them.  

At least that what my non-lawyer, common sense mind says to me.
And yet...  you have to pay a fee to get a gun license in many states, do you not?  How is this different?

 
And yet...  you have to pay a fee to get a gun license in many states, do you not?  How is this different?
there is no such thing as a "gun license" unless you're a dealer.  However, If you want to conceal carry that's a license charge - but simply having a gun invokes no fees other than purchasing the firearm itself.

Also, open carry is free of charge in most states.

 
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It's an interesting question as to when such fees become an unconstitutional impediment to our second amendment rights.
Agreed.  A bill containing a provision requiring an annual fee of $1B surely wouldn't survive a Constitutional challenge.  I think if the town/county/state/whatever can show that it spends $N annually on gun-related activity, spreading that cost over the gun owners probably would survive.

 
Agreed.  A bill containing a provision requiring an annual fee of $1B surely wouldn't survive a Constitutional challenge.  I think if the town/county/state/whatever can show that it spends $N annually on gun-related activity, spreading that cost over the gun owners probably would survive.
Uhm...no.  With all due respect, you're incredibly wrong here.

 
The automobile analogy is a horrible one.

99% of people purchase cars with the intention of using them in close proximity with other cars. So there is inherent risk that using one's own car in ordinary usage will come into contact with other persons's vehicles.

Unless used for criminal purposes, most legal gun use (hunting, gun ranges, backyard target practice) is done at safe distances from others. So the risk of interaction using a gun in ordinary usage is inherently low.

Beyond that, now the government is going to charge a fee for every middle-age, single woman to purchase a gun, train herself at the gun range, and keep it in her nightstand for peace of mind?

The whole thing makes zero sense.

 
The automobile analogy is a horrible one.

99% of people purchase cars with the intention of using them in close proximity with other cars. So there is inherent risk that using one's own car in ordinary usage will come into contact with other persons's vehicles.

Unless used for criminal purposes, most legal gun use (hunting, gun ranges, backyard target practice) is done at safe distances from others. So the risk of interaction using a gun in ordinary usage is inherently low.

Beyond that, now the government is going to charge a fee for every middle-age, single woman to purchase a gun, train herself at the gun range, and keep it in her nightstand for peace of mind?

The whole thing makes zero sense.
1. what % fit that description? 

2.  wouldn't she already be charged for that training and time on the range? this $30 is the last straw for people in here? 

 
its amazing to me how quickly people defend rights that they themselves believe in / want - like VOTING or SPEECH

but if its a Right they themselves don't really care about they're quick to abandon it

it really is amazing, almost like freedoms don't matter unless they themselves want to wield them

Democrats are rabid with Republican's wanting rules/regulations on voters/voting - I mean we've always had rules/requirements/restrictions but Democrats want to dissolve many of them in the name of suppression

Will Democrats come to defend the suppression of the 2nd Amendment? 

That's tongue in cheek - they're the architects of gun bans/laws/restrictions 

 
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The amount of the fee is completely irrelevant. It's discriminatory in its application.
So?  What level of scrutiny should a court apply here in determining whether this particular discrimination should be allowed?  I would assume "Strict Scrutiny" which is the highest level (I think).  So is this action- 

  • necessary to achieve a "compelling state interest".
  • "narrowly tailored" to achieve the compelling purpose,
  • and uses the "least restrictive means" to achieve the purpose ?
Can it clear those three hurdles?  Of course in this thread we will disagree but from this non lawyer's perspective the existence of this level of scrutiny and the three "test" make it clear that it is permissible to discriminate where a constitutional right is involved.  Just that it is appropriately difficult to craft that discrimination legally. 

 
I think we should charge every legal voter $25-30 to vote - we'll call it administration fee's and fee's to make sure elections are legitimate 

Everytime they vote we'll do that, like every gun we'll do it to

What would Democrats / liberals say to that? Ya'll in favor of it ?  

 
So?  What level of scrutiny should a court apply here in determining whether this particular discrimination should be allowed?  I would assume "Strict Scrutiny" which is the highest level (I think).  So is this action- 

  • necessary to achieve a "compelling state interest".
  • "narrowly tailored" to achieve the compelling purpose,
  • and uses the "least restrictive means" to achieve the purpose ?
Can it clear those three hurdles?  Of course in this thread we will disagree but from this non lawyer's perspective the existence of this level of scrutiny and the three "test" make it clear that it is permissible to discriminate where a constitutional right is involved.  Just that it is appropriately difficult to craft that discrimination legally. 
Please show me where I commented on legality.

 
Please show me where I commented on legality.
Then ignore the part of whether the discrimination is legal and just focus on the "so".  Why is this form of discrimination wrong?  Maybe you believe that all discrimination is wrong but certainly some forms of discrimination would be at the very least "necessary evils" (like discriminating against four year olds when it comes to buying alcohol, tobacco, and firearms).   Are the questions we ask to determine when we need to accept that discrimination is necessary really all that different from the test of what should be equal?  

 
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Then ignore the part of whether the discrimination is legal and just focus on the "so".  Why is this form of discrimination wrong?  Maybe you believe that all discrimination is wrong but certainly some forms of discrimination would be at the very least "necessary evils" (like discriminating against four year olds when it comes to buying alcohol, tobacco, and firearms).   Are the questions we ask to determine when we need to accept that discrimination is necessary really all that different from the test of what should be equal?  
Because there is no proven causal relationship between criminal mass shootings and the perfectly sane person legally following the law buying a gun who then immediately sticks it in their nightstand and never uses it once. Or the stereotypical hunter, etc.

In your example of alcohol and tobacco there is arguably no "safe" usage of those products. Plus those fees are tied to amount of usage so abuse of those products correlates with health risk and corresponding public health costs.

If there was a subgroup that was proven to be prone to potential criminal/unsafe public gun use behavior then I might think differently about singling them out to asymetrically subsidize this type of insurance/fund.

Until then everyone or no one.

 
The amount of the fee is completely irrelevant. It's discriminatory in its application.
We discriminate against other rights as well.  We do not allow minor children to vote, and 48/50 states do not allow incarcerated felons to vote.  

We're not telling people that they cannot own guns, they just have to bear the costs and responsibility of them.

 
We discriminate against other rights as well.  We do not allow minor children to vote, and 48/50 states do not allow incarcerated felons to vote.  

We're not telling people that they cannot own guns, they just have to bear the costs and responsibility of them.
And that's exactly how the left plans on getting around the 2nd amendment.  Make it so unaffordable that you've effectively banned them.

That won't hold up either, but they'll try.

 
The amount of the fee is completely irrelevant. It's discriminatory in its application.
Every state that charges for a gun permit or a license to acquire a gun is already doing essentially the same thing; the money is just going toward something else.   I am not aware of any state fee for a permit being overturned as discriminatory.   

 
We discriminate against other rights as well.  We do not allow minor children to vote, and 48/50 states do not allow incarcerated felons to vote.  

We're not telling people that they cannot own guns, they just have to bear the costs and responsibility of them.
Thanks. Doesn't matter what the left "tells me." I won't be supporting law-abiding citizens asymetrically bearing the costs and responsibilities created by criminals, terrorists and nut jobs anytime soon. 

 
Thanks. Doesn't matter what the left "tells me." I won't be supporting law-abiding citizens asymetrically bearing the costs and responsibilities created by criminals, terrorists and nut jobs anytime soon. 
The one group we know doesn't contribute to gun violence is people that don't own or use guns.   Why should they bear the costs and responsibilities created by those who do?

 
Because there is no proven causal relationship between criminal mass shootings and the perfectly sane person legally following the law buying a gun who then immediately sticks it in their nightstand and never uses it once. Or the stereotypical hunter, etc.

In your example of alcohol and tobacco there is arguably no "safe" usage of those products. Plus those fees are tied to amount of usage so abuse of those products correlates with health risk and corresponding public health costs.

If there was a subgroup that was proven to be prone to potential criminal/unsafe public gun use behavior then I might think differently about singling them out to asymetrically subsidize this type of insurance/fund.

Until then everyone or no one.
The city council (along with the mayor) in  San Jose are asserting that the presence of guns in the community imposes a cost to the community.   

“The council has made clear that while the Second Amendment certainly protects the right for every citizen to own a gun, it does not mandate that taxpayers subsidize that right,” Mayor Sam Liccardo said at a news conference Wednesday.
And that this cost should be the responsibility of those that bring guns into the community.  Those that create the cost by having guns in the community should pay the cost.   Seems rather straight forward that the subgroup of gun owners provide the guns that turn out to be used by criminals and create other safety concerns.  That the non gun owner is not contributing to these costs.   

Agree or disagree, but this seems to be their argument.  My concern about it is that I'd assume that some of those higher costs are the result of guns brought into the city from other localities.  Not sure if that is enough to change the calculus though.

 
The city council (along with the mayor) in  San Jose are asserting that the presence of guns in the community imposes a cost to the community.   

And that this cost should be the responsibility of those that bring guns into the community.  Those that create the cost by having guns in the community should pay the cost.   Seems rather straight forward that the subgroup of gun owners provide the guns that turn out to be used by criminals and create other safety concerns.  That the non gun owner is not contributing to these costs.   

Agree or disagree, but this seems to be their argument.  My concern about it is that I'd assume that some of those higher costs are the result of guns brought into the city from other localities.  Not sure if that is enough to change the calculus though.
I TAKE NO RESPONSIBILITY!!!!

 
The city council (along with the mayor) in  San Jose are asserting that the presence of guns in the community imposes a cost to the community.   

And that this cost should be the responsibility of those that bring guns into the community.  Those that create the cost by having guns in the community should pay the cost.   Seems rather straight forward that the subgroup of gun owners provide the guns that turn out to be used by criminals and create other safety concerns.  That the non gun owner is not contributing to these costs.   

Agree or disagree, but this seems to be their argument.  My concern about it is that I'd assume that some of those higher costs are the result of guns brought into the city from other localities.  Not sure if that is enough to change the calculus though.
Seems pretty hypocritical. When health care was deemed a "right" by the Democrats, they were perfectly fine mandating by law that young, healthy taxpayers disproportionately subsidize that right.

“The council has made clear that while the Second Amendment certainly protects the right for every citizen to own a gun, it does not mandate that taxpayers subsidize that right,” Mayor Sam Liccardo said at a news conference Wednesday.

 
The one group we know doesn't contribute to gun violence is people that don't own or use guns.   Why should they bear the costs and responsibilities created by those who do?
I don't use our elementary school, why should I subsidize it?  Section 8 housing, not me, so why do I help pay for it?  Facing a felony and needing a state paid lawyer, again why should I subsidize it?

Fact is that you can go down a very, very long list here.

The only thing that does bug me about this law (even though it will get blown out of court) is that the part about making a gun owner acquire insurance is allowed thanks to the individual mandate backflips SCOTUS did to keep that legal.  Still a horrible precedent mandating that a citizen is mandated to acquire services of another private party.

 
Seems pretty hypocritical. When health care was deemed a "right" by the Democrats, they were perfectly fine mandating by law that young, healthy taxpayers disproportionately subsidize that right.

“The council has made clear that while the Second Amendment certainly protects the right for every citizen to own a gun, it does not mandate that taxpayers subsidize that right,” Mayor Sam Liccardo said at a news conference Wednesday.
Health care is a basic necessity.   Guns are not.  It's that simple.

 
I don't use our elementary school, why should I subsidize it?  Section 8 housing, not me, so why do I help pay for it?  Facing a felony and needing a state paid lawyer, again why should I subsidize it?

Fact is that you can go down a very, very long list here.

The only thing that does bug me about this law (even though it will get blown out of court) is that the part about making a gun owner acquire insurance is allowed thanks to the individual mandate backflips SCOTUS did to keep that legal.  Still a horrible precedent mandating that a citizen is mandated to acquire services of another private party.
Education, housing and health care are necessities, and also benefit society.

Gun ownership, while a constitutional right, is not mandated nor necessary.   Placing the financial burdens of gun violence on gun owners is perfectly fair and equitable.   I contribute zero to gun violence.   There is no possibility that a gun I own will be stolen and used in a crime.  There is no possibility of an accidental shooting in my home.  

Nobody should be subsidizing private gun ownership or the resulting costs.

Again, how is requiring a fee for insurance any different than requiring a fee for purchasing a gun?   If a state announced that it was going to reallocate all fees from gun permits into an insurance fund, wouldn't that be essentially the same thing?  

 
The one group we know doesn't contribute to gun violence is people that don't own or use guns.   Why should they bear the costs and responsibilities created by those who do?
actually, you do.  You're the ones getting shot by the criminals because you make it so easy for them by NOT carrying.  :shrug:

How can they tell you're not carrying?  Well, it's the fanny pack you wear that tips them off.  😛

 
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Seems pretty hypocritical. When health care was deemed a "right" by the Democrats, they were perfectly fine mandating by law that young, healthy taxpayers disproportionately subsidize that right.

“The council has made clear that while the Second Amendment certainly protects the right for every citizen to own a gun, it does not mandate that taxpayers subsidize that right,” Mayor Sam Liccardo said at a news conference Wednesday.
You mean arguing that free riders (the uninsured and the underinsured) should no longer be shifting the burden of their  health care on to the rest of society is somehow different from arguing  that gun owners should no longer be shifting the burden of their guns in society on to the rest of society?

 
You mean arguing that free riders (the uninsured and the underinsured) should no longer be shifting the burden of their  health care on to the rest of society is somehow different from arguing  that gun owners should no longer be shifting the burden of their guns in society on to the rest of society?
You might have missed this earlier, but gun ownership is actually a guaranteed right in our Constitution.  Driving cars isn't.

 
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