FT 6-8: Gun Reform Act (Passed) (user search)
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  FT 6-8: Gun Reform Act (Passed) (search mode)
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Author Topic: FT 6-8: Gun Reform Act (Passed)  (Read 2421 times)
Mr. Reactionary
blackraisin
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*****
Posts: 17,784
United States


Political Matrix
E: 5.45, S: -3.35

« on: March 01, 2018, 12:47:53 PM »

If it helps you carve this up, last year president doof signed a federal law which purports to require anyone selling a gun to have an FFL. FFL holders are always required to perform a background check prior to any sale. That makes section 4-2 unnecessary imo.

https://uselectionatlas.org/FORUM/index.php?topic=260024.msg5776227#msg5776227
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Mr. Reactionary
blackraisin
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*****
Posts: 17,784
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #1 on: March 04, 2018, 01:28:03 PM »

I'm concerned by the additions to section 2, which infringe upon states' rights. Surely, states should be allowed to decide their laws based on what's best for them, so that the rest of Fremont and Atlasia can learn from their successes and their failures?

I thought the Civil War, 14th Amendment, and Civil Rights movement killed this idea that State's rights should supersede fundamental human liberties protected in the bill of rights?
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,784
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #2 on: March 04, 2018, 01:53:17 PM »

I'm concerned by the additions to section 2, which infringe upon states' rights. Surely, states should be allowed to decide their laws based on what's best for them, so that the rest of Fremont and Atlasia can learn from their successes and their failures?

I thought the Civil War, 14th Amendment, and Civil Rights movement killed this idea that State's rights should supersede fundamental human liberties protected in the bill of rights?

Maybe if they banned guns outright that logic would apply but these are just standard mainstream policies. The removal if clauses 3, 4, and 5 is the most problematic, and generally this goes too far. A 10-day waiting period isn't the same as slavery. And if a law is against fundamental human liberties it will be unconstitutional and be overturned.

The thing is:

I feel like any law literally capping ammo ownership below 15 rounds wouldnt pass rational basis review, let alone strict scrutiny.

I also feel like any law extending criminal liability to a gun manufacturer because someone they legally sold something to engaged in product misuse is not a sufficient mens rea under the constitution.

Im also not sure if a waiting period unrelated to a background check would pass rational basis or strict scrutiny. As worded, this bill requires a waiting period of at least 2 days, even if a background check instantly comes back as clear. The waiting periods now are specifically to allow for time to conduct a background check, not just for the hell of it.
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,784
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #3 on: March 05, 2018, 07:18:34 AM »

Just a reminder that in Atlasia, there is no "gun show loophole"
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,784
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #4 on: March 06, 2018, 11:49:23 AM »

So just to clarify, this is banning gun shows even though there is no gun show loophole? Why?

Also, are you aware there is no degree of criminality or puniahment specified? As written, the court determines the punishment meaning hypothetically a warning or 10,000 years in jail. That discretion leaves no certainty in the punishments which violates due process, since you could have major deviations in punishment.
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