I’d like to thank everyone for my most upvoted post on lemmy ever. Not only have you upvoted it to the top for like 2 days you commented the shit out of it. I’d like to take this opportunity to say fuck the mods of this instance. This was my second post coming off a 30 day ban and I want to say these fucking mods have been nothing but bitches. I’ve never been more attacked on any other instance, subreddit, forum, etc. then I have been in this fucking instance. Not only have I been attacked I’ve been told my memes arent memey enough again and again.
I’ll be honest, I do not know how to make a meme but I keep posting just to piss in these mods cheerios.
Thanks lemmy.world/politicalmemes for being the worst community I’ve ever been a part of.
Nope. Supreme Court.
D.C. vs. Heller, 2008:
https://supreme.justia.com/cases/federal/us/554/570/
“as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty.”
Re-iterated 2 years later because D.C. is a special entity and not a state:
McDonald vs. City of Chicago:
https://supreme.justia.com/cases/federal/us/561/742/
“In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. See Duncan, 391 U. S., at 149, and n. 14. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings.”
Now, both of these are about handguns, so what about OTHER weapons?
Caetano vs. Massachusetts, 2016:
This one is particularly fun because it initially didn’t involve guns at all. Woman was scared of her ex and bought a stun gun for protection. State argued that stun guns didn’t exist back then, so the 2nd amendment didn’t apply.
https://supreme.justia.com/cases/federal/us/577/411/
“The Second Amendment covers all weapons that may be defined as “bearable arms,” even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare.”
So, if it’s a carryable weapon, it’s covered under the 2nd amendment.
That is the current interpretation. Before Heller (2008) many scholars and federal courts supported the collective interpretation.
My point being that you are falsely treating this as a settled conversation/that the text is unambiguous. It’s famously unclear, and there have been pages and pages of arguments written about this.
The Supreme Court is the arbiter, and while the court CAN overturn itself, as it did with Roe, it takes 50 years and a concerted effort by the Presidents and Senate to change the composition of the Court.
Since Heller, the Court has only become MORE conservative, not less, so the opinions on gun rights and the 2nd amendment aren’t going to change any time soon.
We saw it again with Bruen in 2022 where the Court gave the test by which all gun laws should be judged:
https://supreme.justia.com/cases/federal/us/597/20-843/
“Today, we decline to adopt that two-part approach. In keeping with Heller, we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.” Konigsberg v. State Bar of Cal., 366 U.S. 36, 50, n. 10 (1961).[3]”
Which does not bode well for California this year when the Supreme Court takes up the ban on AR-15s and magazines with more than 10 rounds.
https://firearmslaw.duke.edu/2024/11/an-update-on-challenges-to-state-assault-weapon-and-magazine-bans
Snope vs. Brown will be the next one to watch:
https://www.scotusblog.com/case-files/cases/snope-v-brown/
And that’s why it’s not “gun ownership is guaranteed by constitution” but “gun ownership is guaranteed by the recent decision of 9 unelected people, but actually less than that, some of then were against it”.
All it takes is a majority ruling to set the precedent, and they have done so four separate times now.
June is going to probably be another heartbreaker for folks expecting the court to suddenly swerve left.
Precedents also stopped being relevant. Forget stare decisis, they don’t even pretend to care about some kind of rule of law altogether, they gave a president an unlimited indulgence for fucks sake, all that legal bullshit is just a game for nerds now
Stopped being relevant because the court swung ultra right wing.
Since Roe vs. Wade in 1973, there have been 16 judges appointed to the court. 11 appointed by Republicans, only 5 by Democrats.
https://www.supremecourt.gov/about/members_text.aspx
To reverse that action, it will take another 51 years and more Democratic than Republican appointees.
Look at the current court.
3/9 members appointed by Trump. It’s highly likely he will make Thomas and Alito a deal to retire just like he did with Kennedy. Once they are out that will give us a 5/9 Trump court for the rest of our lifetimes.
https://www.vanityfair.com/news/2018/06/donald-trump-justice-anthony-kennedy-retirement