• @seathru@lemm.ee
    link
    fedilink
    409 months ago

    Cities can absolutely pass enforceable gun laws. She brought a firearm into a prohibited place, that’s not a right.

    And concealed carry should be exactly that. If people can easily see it, that’s effectively brandishing (in areas without open carry). That was made abundantly clear at the CC class I attended. Now it’s open carry here and doesn’t matter.

    • BombOmOm
      link
      fedilink
      English
      17
      edit-2
      9 months ago

      Cities can absolutely pass enforceable gun laws.

      A law that makes it illegal to exercise 1st Amendment rights and 2nd Amendment rights at the same time will not withstand scrutiny. Neither of those rights are mutually exclusive. Shenanigans like this is how the recent NY Rifle and Pistol Association vs Bruen SCOTUS case came to be. NY pushes unenforceable restrictions on rights regularly.

      • @gamermanh@lemmy.dbzer0.com
        link
        fedilink
        English
        279 months ago

        Not being allowed to bring something to a protest does not infringe on your first amendment rights at all

        Not being allowed to take a gun somewhere specific is already a thing, and thus does not infringe the second amendment

        • BombOmOm
          link
          fedilink
          English
          99 months ago

          I suppose we will have to see how the case goes. Bruen specifically prohibited broad restrictions on what a sensitive place can be. ‘Anywhere people are exercising 1st Amendment rights in public’ is almost certainly going to fail this test from Bruen.

          • 520
            link
            fedilink
            20
            edit-2
            9 months ago

            A firearm ban at protests would not qualify as a broad restriction. It is targeted towards a particular type of gathering where emotions can run hot, things can get violent quite easily, and the use of a firearm, even in an otherwise legitimate scenario, would cause a ton of collateral injuries or deaths via a crowd crush.

        • BombOmOm
          link
          fedilink
          English
          12
          edit-2
          9 months ago

          You do not have a right to intimidate other people with a deadly weapon.

          The article specifically says she did no such thing. “At no point in time was anyone menaced or injured as a result of her possessing the firearm”

          As I said, one may exercise 1st Amendment rights and 2nd Amendment rights at the same time. They are not mutually exclusive.

          • @xkforce@lemmy.world
            link
            fedilink
            18
            edit-2
            9 months ago

            Best case scenario you are willingly placing yourself in a situation where you forsee the “need” to use a deadly weapon. But in that case there is no need to brandish that gun unless you want others to know you could kill them and planned for that by choosing to bring a gun which is intimidation. Especially if you are in a large crowd where people have to trust that you wont go apeshit in a place they cant escape from.

      • @Cryophilia@lemmy.world
        link
        fedilink
        39 months ago

        A law that makes it illegal to exercise 1st Amendment rights and 2nd Amendment rights at the same time will not withstand scrutiny.

        Maybe not at the federal level, but there’s a whole gauntlet of “the 2nd amendment is just a suggestion” types to get through before the case makes its way up there.