Caffeinated Politics

Opinions And Musings By Gregory Humphrey. "Why should I not learn something new every day, and, if I can, shine a light into the eye of my heart?" Mirza Saleh


Gun Control, Front And Center, During Next Supreme Court Term

Let me start out this column by stating the obvious. Mass violence continues to unfold in our nation with assault weapons like the AR-15, a weapon not designed for civilian life, but which kills with battlefield efficiency in our communities and on our streets. And believe it or not, that violence has a very good chance of increasing.

People far and wide across this nation have worked with their local officials to address an unavoidable policy question. Should it be permitted for deadly assault-style weapons that were engineered for rapid, high‑capacity killing to circulate freely among the civilian population? Given the gun death statistics in our nation, that question is not a small one, and the efforts by the citizenry to address it must not be shrugged off.

The U.S. Supreme Court will hear oral arguments in the next term concerning Cook County’s ban on assault weapons and a similar law in Connecticut. Let’s be very clear as to what is being teed up for a sweeping ruling on the constitutional right, or not, to own such deadly and dangerous firearms. The county’s assault weapons ban includes prohibitions on the AR-15 and similar semiautomatic rifles that have proven to have aided in statistically heavy murders and crime. The ordinance applies to more than 100 rifles, shotguns and pistols, and it prohibits the sale, manufacture, loan, transfer, acquisition or possession of those weapons, as well as large-capacity ammunition magazines that generally hold more than 10 rounds. Violations of the law can result in fines of $5,000 for a first offense, $10,000 for a second offense, and up to 6 months in jail.

There are about a dozen large cities, such as New York, Los Angeles, and Washington, D.C., where similar laws are in effect. The other case that the Court will hear arguments on comes from Connecticut, which passed a law after a mass shooter used an AR-15 to kill 26 children and educators at Sandy Hook Elementary School in 2012. It is a proven fact that this type of gun, which I again point out is similar to military-grade weapons, is the preferred weapon of mass shooters.

I was talking with an older man recently about metal lawn darts that were once common for summertime backyard entertainment. Logic, of course, says they were dangerous. Knowing that assault-style rifles result in significantly higher fatalities than incidents involving handguns, it is astounding that they are afforded such regulatory leniency. How can metal lawn darts be outlawed, while an AR-15 is considered a perfect gift for a child at their birthday? The gun culture is a warped one, indeed.

I am under no illusion about the Court’s purpose or mission in this hearing of these cases. While Columbia v. Heller was a dreadful and ill-reasoned ruling, some of us took a bit of solace when the ruling added language acknowledging that “dangerous and unusual weapons” may be restricted. For those who can accurately evaluate such things, it is clear that assault‑style rifles fit that category by any common standard of word definition. As such, states and municipalities have operated with the understanding that public safety is a compelling governmental interest and have passed laws designed not to eliminate the right to own firearms, but rather to regulate a specific class of weapons whose risks far outweigh any legitimate civilian use.

What I fear is that this partisanly controlled, right-wing Court is to upend those bans in the coming session. Public safety and empirical evidence will be tossed aside in favor of elevating ideological loyalty. This concern is not about the law but instead about appeasing the political movement that helped shape their ascent.

Meanwhile, the bottom line of law enforcement and a wide majority of our nation is clear. Our nation is suffering severely from weapons of war remaining unregulated in civilian hands.



24 responses to “Gun Control, Front And Center, During Next Supreme Court Term”

  1. PurplePenquin Avatar
    PurplePenquin

    “How can metal lawn darts be outlawed…”

    That is a common miscomception, because they are not illegal to possess…but for sake of argument let’s stipulate that they are.

    From a legal standpoint, are they considered “arms”? Because then they would be protected. Also…were lawn darts the most popular game in our country, with over 300 million lawn darts owned by folks in the US, when they were made illegal?

    Unless you have a different plan in mind this time, this proposed ban on most guns will be no more effective than the decades-long ban on some drugs. So what are you gonna do differently that will make this Prohibition on Firearms work when so many other bans (ie booze, drugs, hemp) have utterly failed?

    Liked by 1 person

    1. It is not illegal to possess metal lawn darts, as you write, but it is illegal to sell them. Our nation banned the sale of those darts, and also the interstate sale of those darts in 1988 due to severe injuries and fatalities. Old garages might still have some, but they are rare to find.

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    2. impossibledeliciously1ed035b09a Avatar
      impossibledeliciously1ed035b09a

      Correct. Furthermore these gun bans never apply to the criminals that don’t care about or ever obey any laws. They don’t ever apply to the hyper militarized police, ICE or the military! They only apply to law abiding American citizens and they always start with bans of semi auto rifles but those previously owned are grandfathered, ie “lawn darts still in the garage” however they inevitably always eventually lead to firearm confiscation. One need only look at states like Rhode Island for proof. First they banned the sale of new semi auto rifles, now they are proposing confiscating all semi auto rifles legally owned and possessed before the sales ban.

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  2. There’s some very serious factual errors here. The reality is that the overwhelming majority of shootings in the USA are done with handguns, not semi automatic rifles. In fact, of all the already very small percentage of rifles that are used, an even smaller percentage are semi automatic rifles. Why the anti-gun crowd keeps claiming otherwise is odd and discredits them even further. Here are some actual facts on this matter. Nationwide, handguns are used in roughly 50% to 60% of all gun homicides, while rifles (which include semi-automatic rifles like AR-15s) are used in about 3% of firearm murders. For highly publicized public mass shootings, handguns are used in approximately 75% of incidents and semi-automatic rifles in about 25%. The reality remains, if you want to ban guns you need to repeal the Second Amendment. No amount of lying, obfuscating facts or fear mongering will help your cause, especially in a society where masked, far right wing paramilitary goon squads armed with actual honest to God machine guns and weapons of war are detaining, terrorizing, assaulting and murdering American citizens with total impunity

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  3. I need to note for my readers that Mia and impossibledeliciously are the same person with the same IP address and those comments were made within minutes of each other. I need not point out that the same defense of why the slaughter by a mass shooter using an AR-15 to kill 26 children and educators at Sandy Hook Elementary School in 2012 was a right protected under the Constitution is just more of the same from a very sick gun culture in our nation.

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  4. impossibledeliciously1ed035b09a Avatar
    impossibledeliciously1ed035b09a

    Thanks. Just wanted to say I was in no way trying to obfuscate anything, just attempting to navigate this clunky old school word press blog which barely works and ascribed me the random name “impossibledeliciously” for the second comment for some odd reason.

    Anyways, agreed on the pathologies of a very very sick diseased society. How we actually rectify that with this Supreme Farce without repealing the 2nd Amendment is something entirely different.

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  5. PurplePenquin Avatar
    PurplePenquin

    mass shooter using an AR-15 to kill 26 children and educators at Sandy Hook Elementary School in 2012 was a right protected under the Constitution”

    Nobody is saying there is a protected right for a mass shooter to kill 26 children.

    Those type of comments&claims makes it very hard to have a rational&reasonable discussion with the Pro-Ban crowd.

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    1. So write what actions the pro-gun side of this topic wanted to take after the school shooting that killed 26 people. What was the pro-gun crowd ready to deny themselves so such a horror would be much harder for someone to do again. Do you agree or not with Charlie Kirk who actually said, “I think it’s worth it. It’s worth to have a cost of, unfortunately, some gun deaths every single year so that we can have the Second Amendment to protect our other God given rights. That’s a prudent deal. It is rational.”

      So when I write that a “mass shooter using an AR-15 to kill 26 children and educators at Sandy Hook Elementary School in 2012 was a right protected under the Constitution”, I am merely placing the argument directly where the guns culture and gun promoters has placed the debate.

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    2. Correct. If Adam Lanza the mentally ill murderer had stolen his mother’s legally owned vehicle instead of her rifle, murdered her with it and then drove through a crowd killing 26 people would be calling for a ban on motor vehicles for all Americans? Would we refer to cars as “assault vehicles”? No. And driving is a privilege remember, not a right. We don’t remove hundreds of millions of peoples’ rights because a very small percentage of people abuse those rights. No. We hold those evil doers responsible or at least we used to.

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      1. Mia,

        The old NRA chestnut, “If a car killed 25 people, we wouldn’t ban cars”, is the sort of threadbare analogy that collapses under the weight of its own stupidity. Cars aren’t designed to kill; guns are. Cars come with seat belts, airbags, crash‑test standards, licensing, registration, insurance, and a whole alphabet soup of federal regulations — all things the same gun‑rights absolutists fight tooth and nail to prevent for firearms. When a car malfunctions, we recall it. When a gun massacres people exactly as engineered, we’re told it’s “the price of freedom.” Pretending a tool built for transportation is equivalent to a tool built for lethality isn’t clever rhetoric — it’s intellectual laziness dressed up as defiance, a way to dodge responsibility while parroting the same stale lines the gun lobby has been spoon‑feeding America for decades.

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  6. PurplePenquin Avatar
    PurplePenquin

    So you’re just gonna double-down on your claim that the pro-gun crowd is saying Americans have a protected right to commit mass murder? You’re not just being hyperbolic – you truly honestly believe that those who say bearing arms is a protected right are also saying mass shootings are a protected right? (I think it should be legal to bake a cake, does knowing that make you think that I thus beleive it should be legal to smoosh a cake in someone’s face?)

    *sigh* That’s a lot to digest and will have to circle back to that part later…but can chat about the other question you asked.

    Personally, I am pro-choice rather than pro-gun, so I can’t speak for the “gun culture” but I have heard it said that enforcing existing gun laws would go a long way towards reducing gun violence in America. As I’ve repeatedly pointed out…here and elsewhere…ending the War on Drugs will also go a loooooooong way towards reducing shootings in the streets. While researching this topic, I also see that getting involved in community organizations (Boys/Girls Club, etc) as well as planting a garden in a vacant city lot has been shown to reduce gun violence. Another suggestion (which I personally don’t agree with) is that mass shootings could be prevented if mass gatherings were to be banned.

    So yeah, it sounds like there are all kinds of ideas & suggestions that could be implemented without imposing a prohibition on most firearms. Why is a massive ban the only path you can envision?

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    1. I used the precise words from one of the most strident voices against gun control to frame my line you correctly quoted. Ending the war on drugs aligns with 26 dead people in a classroom….how exactly? So my question remains. What actions did pro-gun side of this topic want to take after the school shooting that killed 26 people? What was the pro-gun crowd ready to deny themselves so such a horror would be much harder for someone to do again? I am not actually asking you to respond. It is rhetorical. We all know the answer.

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  7. PurplePenquin Avatar
    PurplePenquin

    Nobody is saying that killing children is a protected right. That is a strawman you’ve created out of thin air and has no basis in reality.

    And granted, ending the War on Drugs won’t suddenly resurrect those 26 dead victims back into life….but it will prevent further gun violence for generations to come. Its been explained how/why many-many times already on this very blog.

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    1. But it is not a strawman. It is central to what I wrote. The Second Amendment gets invoked as a shield, but the shield always tilts toward the adults holding the weapons, not the kids absorbing the consequences. Or the movie goers, Or church attendees. Or Shoppers. Etc. Etc. And we know the bans central to this post enacted din the 1990s worked. Research indicates the 1994 Federal Assault Weapons Ban significantly reduced mass shooting deaths and injuries. Studies by researchers at Stanford University and Johns Hopkins University suggest the ban prevented multiple mass shootings, and that fatal incidents surged after the ban expired in 2004. So, yes children and others are being placed ahead of guns and their lobbyists. Not a strawman, just a fact.

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      1. This is inaccurate. I reiterate, The vast majority of everyday gun homicides and violent crimes are committed using handguns, not rifles and certainly not semi automatic rifles. Because mass shooting deaths make up a very small percentage (<1%) of all firearm homicides, researchers have consistently found that the Semi automatic rifle ban’s effect on the overall murder rate was statistically undetectable. So yes it is a straw man. You should be spending your time trying to ban hand guns and even more, repealing the 2nd Amendment.

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  8. Last winter my wife was lying in a hospital bed dying in Minneapolis after being airlifted from Duluth. She asked me to go out and get her some fancy hand soap and toothpaste she liked from the Target by our old home. As I was leaving the store all hell literally broke loose and the store was swarmed by what I can only describe from historical books on Fascist Italy as Squadristi or Black Shirts. Terror and chaos overtook the Target. People were screaming, dropping their groceries and running inside and out as a gaggle of masked, body armor clad, far right wing paramilitary goon squads raided the store with fully automatic machine guns. As I was carelessly muzzle flagged by an M4 held by one of these poorly trained “agents” I mean Proud Boys I didn’t flinch, for it wasn’t the first time someone had stuck a gun in my face.

    They abducted the cart boy who was hispanic but also an American citizen…

    When I got home to Northern Wisconsin I passed a few signs on the highway by our home. One read “Vote for Trump or I’ll blow your head off” the other said “RIP Charlie Kirk Revenge is Coming, All liberals must die”. And honestly, these aren’t even the overt Nazis around here.

    Needless to say, we don’t live in Seattle or San Francisco anymore. Our nearest neighbor is a mile away. The police are over 45 minutes at best.

    There is the world the way it is and the world the way it could be or should be my friend but this is the sick diseased world we inhabit right now. I am all for envisioning and advocating for a world without guns, as long as that includes taking these firearms from the Squadristi, the hyper militarized police, the military and of course the lawless criminals as well. I too often dream of a world without violence, homophobia, transphobia, misogyny and hatred of any kind but alas…I shutter to think what these monsters would do to us,if they could…

    Advocating for what you are during a Fascist Dictatorship is a very hard sell my friend.

    The good news is my beautiful wife survived! Once we were back home with our kitties I stumbled upon an article from the Minneapolis newspaper. After the Rape of Minneapolis/Saint Paul guess what?

    Firearm sales to self described liberals hit an all time high in Minnesota.

    The world the way it is…

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  9. When people say they are allowed to drive a car do you take that to mean they are allowed to drive drunk? When carpenter says he needs a hammer do you hear him saying he needs to smash people as well as nails with that hammer?

    I can’t beleive this needs to be said, but allowing use of an item is not the same as allowing misuse of that item.

    Charlie Kirk said plenty of vile things, so there is no need for you to make up crap that he never uttered. The fact that you feel the need to blatantly lie in order to push your agenda speaks volumes.

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  10. Gregory,

    So wait, now you suddenly pivot back to supporting “regulations” not outright bans? What the heck. Around and around you go. Your argument is the one that falls apart “under the weight of its own stupidity” because you neglect to mention owning or driving a car is not a right! Firearm ownership is a constitutional right! HUGE DIFFERENCE. Thus why I have repeatedly suggested that you direct your efforts at repealing the Second Amendment, not continuing to bang your head against the wall while losing case after case in court. Rights are not absolute. You do not have a constitutional right to murder as you have alleged but you do have a constitutional right to bear arms, like it or not, exercise it or not. Or continue to trod down this path but understand that you are now advocating going door to door in Northern Wisconsin to confiscate peoples’ lawfully owned Constitutionally protected firearms. Good luck with that! Are you volunteering for that mission or just leaving it to the police? If so, why? Oh yeah, because they have guns! And around and around we go… Unfortunately the last time some idiots were shooting ARs all night long around here our neighbors a few miles a way called the police. They eventually arrived over an hour later, heard the gunfire deep in the forest and said “We aren’t going back there! You can deal with it.” and they left. I think we Americans would need an almost transcendental, certainly profoundly spiritual type of reformation and radical change in how we see ourselves as citizens, the role of government, guns and our relationship with them to ever get anywhere even vaguely near what you would like to see, which would again have to include repealing the 2nd Amendment. Alcohol itself and drunk driving still kill far more Americans than firearms and drunk driving isn’t even a crime in Wisconsin! You don’t even heat people talking about making drunk driving a crime. Tony Evers legalized “cocktails to go” instead in the drunkest state in the nation. Are we going to bring back alcohol Prohibition even though that didn’t work? Cannabis has been banned my entire life in Wisconsin and it’s always been everywhere anyways. It used to be illegal to be gay in many places but that certainly didn’t stop people from loving each other. Abortion is banned again in some states and guess what, women can still get the healthcare they need in order to oh say, not die from childbirth. They may make some feel in control or feel better like something was accomplished but the reality is Prohibition doesn’t work. The truth is people, as Obama said condescendingly “cling to their guns” but I would argue argue not condescendingly they oftentimes do so for very good reasons. They have lost all faith in our failed liberal and democratic institutions. Tragically, from the rule of law, to the egregious failures of our economic system, collapse of our civic institutions to representative democracy itself, millions have completely lost faith. Many of these people have more faith in their guns now because they have nothing else to grasp onto any longer. Our social bonds have frayed beyond recognition. There is a system firmly entrenched  which enforces life long insecurity. We are an unhealthy, uneducated, atomized, lonely, angry, scared, hyper selfish, violent society at home and abroad and push come to shove the only two things Americans seem to care about any longer are money and guns. Again, the world the way it is.

    Fascism is capitalism in decay and fascism is always the byproduct of a bankrupt liberalism. Poverty, hopelessness, alienation, disenfranchisement, crime & violence of any kind not just guns are like the Dear Leader himself, symptoms not causes. I would suggest we finally start to at least talk about and then begin to address the root causes of all these pathologies of our profoundly sick society in a truly holistic way not with more bans.

    Liked by 1 person

    1. Mia,

      You are so wrong, again.

      Guns kill more people in the United States than drunk driving. Firearms account for over 48,000 deaths annually (including both homicides and suicides), while alcohol-impaired driving crashes result in around 12,000 to 13,000 fatalities each year. https://www.nhtsa.gov/risky-driving/drunk-driving

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    2. Mia,

      It is also important to note that these two issues (drunk driving and gun deaths) which you do not have facts about, heavily intersect. Researchers from the Johns Hopkins Center for Gun Violence Solutions found that about one-third of firearm homicide perpetrators and over one-third of firearm suicide decedents had acutely consumed alcohol prior to the event.

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  11. PurplePenquin Avatar
    PurplePenquin

    All that aside, I still would like you know what are you gonna do differently that will make this proposed Prohibition on Firearms work when so many other bans (ie booze, drugs, hemp) have utterly failed?

    Without actual details, your idea comes across as insane (“Doing the same thing over and over again but expecting different results”). Can you please explain how you envision this ban having the intended results this time?

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  12. Interesting discussion. I just wanted to say actually Mia said “Alcohol & drunk driving” not just alcohol as Gregory claimed. According to all available statistics alcohol & drunk driving in fact do kill far more people than guns so Mia is right and Gregory is wrong.

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    1. Lida,
      Thank you for your comment that proves you and Mia are sharing the same brain. I did not post Mia’s further comments as they are of the same intellect as cars kill more people than guns….Trump-like thinking and drivel of the most unintelligent sort that can be posted on other blogs.

      So, let’s go through this and explain why Mia is not grounded in logic.

      The short version: comparing alcohol deaths to gun deaths as an argument against gun control is the intellectual equivalent of comparing lightning strikes to arson laws. It sounds clever only if you don’t look at it for more than three seconds. Or when sober.

      Alcohol related deaths—drunk driving, liver failure, poisoning, all of it—are overwhelmingly self inflicted or accidental harms tied to a substance people ingest. Guns, on the other hand, are weapons designed to project force outward. Alcohol kills because people misuse a beverage. Guns kill because they are engineered to kill. Pretending those two things sit in the same moral or regulatory category is a rhetorical magic trick that only works if the audience is asleep. Or someone sharing Mia’s brain.
      The “Why don’t we ban alcohol then?” undercurrent is specious because:

      • Alcohol is not designed to kill. Guns are. This is the part where someone inevitably says, “But cars aren’t designed to kill either!” Yes, and that’s why we regulate cars heavily—licenses, registration, insurance, safety standards, DUI laws.

      • Alcohol deaths are overwhelmingly indirect. Gun deaths are overwhelmingly direct. Cirrhosis is not homicide. Drunk driving deaths are tragedies caused by reckless behavior, not deliberate violence. Gun deaths include homicides, suicides, domestic violence, mass shootings, accidental shootings, and police shootings. The causal chain is not comparable.

      • We already regulate alcohol extensively. Age limits, licensing, taxation, dry counties, server liability, BAC limits, sobriety checkpoints, mandatory ignition interlocks, and more. The “Why don’t we ban alcohol?” undercutter never seems to notice that alcohol is one of the most regulated consumer products in the country. They just don’t call it “alcohol control,” because that would make the parallel too obvious.

      • Alcohol deaths don’t involve a third party intentionally killing you. Guns do. If someone drinks too much and dies, that’s tragic. If someone shoots you, that’s murder. The state has a different obligation to prevent one versus the other.
      • The argument is a deflection, not a point. It’s the rhetorical equivalent of saying, “Why worry about house fires when heart disease kills more people?” Because there are different problems requiring different solutions. The existence of one danger does not magically erase the need to address another.

      • Scale doesn’t erase category. Yes, alcohol kills more people. Heart disease kills more people. Cancer kills more people. Falling down kills more people. None of those facts mean we should shrug at gun violence or pretend regulating firearms is somehow illegitimate.
      The alcohol vs guns comparison is a classic false equivalence dressed up as a mic drop. It’s a way of saying, “I don’t want to talk about gun policy, so here’s a shiny distraction.”

      I posted your comment Lida. You mimicking of Mia is now completed.

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  13. Greetings Gregory, and firstly full confession, I’m not entirely sure what Mia is advocating for, following a brief skim-read of their comments.

    I am personally on the side of preferring no guns in society, but then again, I an an Englishman living in Britain, where guns are largely absent, both literally and culturally. There has occasionally been talk of reversing gun bans that were introduced after Dunblane, though each time this has even been hinted at, the idea has met with a fierce backlash.

    I’ve looked at the US gun problem for many years, and suffice to say I will never understand it. Is it less of a regulatory thing, and more of a cultural matter now? Gun culture does seem to be real, at least from the outside looking in. I certainly can’t grasp why people would want weapons approaching military-grade to be within easy reach of absolutely everyone. Maybe I’m misunderstanding.

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