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grandjean87

The Court: June 23, 2022

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I think Justice Thomas' reasoning is sound. Why is it that the Second Amendment right to bear arms should need a qualified reason, but the other Amendment rights do not? You don't need a good reason to speak freely.

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On 6/23/2022 at 3:32 PM, AztecSU said:

You know I am willing to accept that the 10 most murderous cities in the country are all democrat ran the moment you provide a link or information backing that up. That said, if the state is making it easy for those cities to be full of guns do we really only blame the city or all of the factors? You may be surprised to find what you think are liberals are mostly pragmatists. 

https://www.cbsnews.com/pictures/murder-map-deadliest-u-s-cities/

https://www.cnn.com/2022/01/03/us/homicide-rate-us-statistics/index.html

It's not a secret. In fact, it drives me nuts all the time. Countless amount of lives lost. Nobody wants to address the issues. Which happen to be generational, forced at some points and pumped up by lending practices of banks, housing policies of cities, lack of educational opportunity and the justice system with young men. IMO, it still hasn't hit rock bottom and when it does, I don't think many people are going to care to salvage the situation. Incredibly sad. 

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On 6/23/2022 at 3:34 PM, AztecSU said:

I was today years old when I learned suicides aren't real gun deaths if you're trying to win an argument.

Trying to play them off as an indicator of gun violence is dishonest and counterproductive to the real issues regarding gun violence in cities.

 

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On 6/23/2022 at 10:38 AM, sean327 said:

Seems to me they just upheld Qualified Immunity with that bullshit ruling. I’m by no means any type of expert here, so if I’m wrong please correct me.

I'm no expert and haven't read the opinion either but my kneejerk reaction is to the contrary. 

The precise issue in today's case appears to be a due process right of criminal defendants. The narrow issue underpinning qualified immunity is a civil right of peace officers.

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On 6/23/2022 at 5:37 PM, CV147 said:

I think Justice Thomas' reasoning is sound. Why is it that the Second Amendment right to bear arms should need a qualified reason, but the other Amendment rights do not? You don't need a good reason to speak freely.

There are limitations on free speech though. 

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On 6/23/2022 at 5:59 PM, retrofade said:

There are limitations on free speech though. 

Do you need a qualifying reason to use your free speech?

In some circles one could argue that only people with government permits should use free speech.

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The 14th Amendment basis in the NY gun case ruling may have some broader impact. I have not read any analysis on that (yet), and I’ve been too busy so far today to think much about it.  I wonder if the 14th will be used to break down regulations beyond CCPs?

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On 6/23/2022 at 2:32 PM, AztecSU said:

You know I am willing to accept that the 10 most murderous cities in the country are all democrat ran the moment you provide a link or information backing that up. That said, if the state is making it easy for those cities to be full of guns do we really only blame the city or all of the factors? You may be surprised to find what you think are liberals are mostly pragmatists. 

how come almost every major city in the US is run by Democrats?

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On 6/23/2022 at 2:37 PM, halfmanhalfbronco said:

Their body, their choice.

 

yeah...but phucking idiots...the women are smarter

if I choose to go, it's going to be massive drugs and alcohol...I'm going to sleep 

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On 6/23/2022 at 2:34 PM, AztecSU said:

I was today years old when I learned suicides aren't real gun deaths if you're trying to win an argument.

Oh they most certainly are for R's depending on the argument.

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On 6/23/2022 at 6:34 PM, renoskier said:

how come almost every major city in the US is run by Democrats?

Maybe people born into such a large government apparatus can't imagine life without it?

Great question.

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On 6/23/2022 at 12:39 PM, grandjean87 said:

That’s a quote from Scalia which I have generally assumed stems from his view original meaning > original intent and so to distinguish his form of originalism. 
 

Here’s the “Caveat” section of the corpora research.  The link is in the OP of that thread I started awhile back.  The data was totally one-sided (opposite of Scalia’s textual analysis in Heller), and again it is only regarding this part of the operative clause - “keep and bear arms”. 

The caveats I want to raise all involve issues relating in one way or another to the corpus data that I’ll be discussing.
The first caveat concerns the selection of the texts that comprise the corpora: to what extent is the data representative of American English of the late 18th century? The question of representativeness isn’t unique to the BYU Law corpora; it is relevant to all corpora. For that matter, it is also relevant to the data that the Supreme Court relied on in Heller, the scope of which pales in comparison to the contents of the corpora here. That suggests to me that at a minimum, the corpus data will be more reliable than what was cited in Heller.
But evaluating corpus design is not something about which I have any particular knowledge expertise. Therefore, I can’t do much more than flag the issue, and leave it to be addressed by someone who is qualified to do so. And that person, whoever they are will probably need to have more information about the makeup of the corpora than has yet been made public. Hopefully the release of such information is on the BYU Law School’s to-do list.
Another caveat relates to the corpus data that I’ve made available for downloading (and the additional data that I will make available in the future). And as caveats go, it’s a pretty obvious one: the data that results from the searches that I do
 Electronic copy available at: https://ssrn.com/abstract=3481474

is by definition a function of the way in which the searches are framed. Framing a search more broadly than I did might very well turn up additional relevant data. But it would do so at the expense of also turning up additional irrelevant data that would have to be waded through. So as with many kinds of research, the search strategy that is chosen will often require tradeoffs between competing considerations.
 

I read the study you posted and it was filed in an amicus brief in favor of New York’s gun law. It’s interesting for linguists but legally it’s a ridiculous way to look at the text and the law. The reason they didn’t find examples of references to it in the manner of concealed carry is because at the time the 2nd amendment was framed they would look at you like an arm was growing out of your ass if you’d tried to quibble about it that way. Textualism informed by nothing else can get you anywhere you want to go, including an extra appendage.

We’re all sitting in the dugout. Thinking we should pitch. How you gonna throw a shutout when all you do is bitch.

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On 6/23/2022 at 4:42 PM, grandjean87 said:

I have plans to fight out anything that kills me, but if I did speed up the process, I’d want something like a Gran Torino movie ending. 

What do you carry, if anything when out in the woods? Bear spray?

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On 6/23/2022 at 5:29 PM, grandjean87 said:

Hiking poles.  

If in Grizz country, I’d carry spray.  

100%.

Every study done shows bear spray is more effective than a side arm.  

That said, you are far more likely to encounter violent humans in the woods than a grizz, so that is why I carry a side arm.  

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