this post was submitted on 28 Sep 2023
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[–] 0110010001100010 29 points 1 year ago (3 children)

280+ guns. TWO HUNDRED AND EIGHTY GUNS! Who the fuck needs 280+ guns?!

[–] [email protected] 16 points 1 year ago (2 children)

A group of 280 soldiers probably would, not that it's relevant.

[–] JustZ 12 points 1 year ago (1 children)

I think it's very relevant to any questions of the Second Amendment.

As if one guy with 280 guns isn't proof enough of the absurdity of reading "well regulated milita" out of the equation.

[–] ericisshort 6 points 1 year ago* (last edited 1 year ago) (2 children)

To me, the “well-regulated milita” became a moot point in the 19th century when all of the state militias were unified into the National Guard and state defense forces. The term was never intended to include private militias, as evidenced by the fact that in 1886, the Supreme Court concluded that militias are not constitutionally protected and that states have the right to ban them altogether (Presser v Illinois). So any state can choose to have their own militia or they can choose to prohibit them all together. It clearly shows that militias are under the control of the states.

The 2nd amendment never once mentions private gun ownership, so it seems more like the right to bear arms was always intended to be a right of the individual states, not a right of private citizens. I have no clue how we got to the point that we are currently in with 2A somehow protecting private ownership of assault rifles other than to blame corporate lobbying and institutional corruption.

[–] SheeEttin 3 points 1 year ago (1 children)

The 2nd amendment never once mentions private gun ownership, so it seems more like the right to bear arms was always intended to be a right of the individual states, not a right of private citizens.

My take is that it was to enable the militia, especially minutemen, to, as the text says, "keep and bear arms" in their homes and not during actual battles.

[–] ericisshort 2 points 1 year ago* (last edited 1 year ago) (1 children)

I agree that that is how it was intended, so in turn, the amendment provides for National guardsmen and state militias to be permitted to keep guns rather than all private citizens.

[–] JustAManOnAToilet 2 points 1 year ago* (last edited 1 year ago) (1 children)

It says the right of the people, not right of the militia.

[–] ericisshort 3 points 1 year ago* (last edited 1 year ago) (1 children)

What people? If you don’t think it’s referring to the people in a militia, you are completely ignoring the first part of the sentence. From congress.gov:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

It doesn’t say all people. Considering the entire sentence, “people” implies nothing more than the people of a well regulated militia.

Also, Madison was very clear that the right to bear arms was for the militia in the federalist papers.

[–] JustAManOnAToilet 1 points 1 year ago* (last edited 1 year ago)

It seems you have your mind made up, but you're incorrect. The punctuation does a lot of work there separating the prefatory clause. The people are the same people covered in the first amendment.

[–] surewhynotlem 1 points 1 year ago (1 children)

How? It's simple. Inducing fear and selling 'protection' is good money, and the NRA is here for it.

[–] ericisshort 0 points 1 year ago* (last edited 1 year ago)

That’s why, but how did they manage to pervert the amendment and get away with it? Before you answer, I understand it was ultimately the result of corruption, but why does no one talk about it from this specific angle? It seems so crystal clear to me that private gun ownership was never protected by the second amendment.

[–] Throw_away_migrator 3 points 1 year ago

Could arm a company of soldiers plus side arms for the officers

[–] [email protected] 6 points 1 year ago

It's even crazier when it's 200+ guns on Long Island, where general gun culture used to be next to invisible. Growing up there I had not seen a gun store until I moved to Florida, I'm sure they were there, just not all over or obvious, most people there used to not own guns, outside of all of the cops, it's suburbia with little shitty areas and rustic areas sprinkled in between.

[–] SheeEttin 22 points 1 year ago (1 children)

this Court should order the return of the seized property to a person designated by Rex Heuermann, individual or licensed gun dealer, who may legally possess the items

Not him personally. Seems fair. Cops keep stuff in evidence far too long. Especially in the case of valuables, they'll often send them to auction, or "auction" where their buddies get to "buy" them for cheap. And even if they return them to the owner, they've often been kept in shitty conditions, becoming moldy or rusty or whatever.

[–] FlyingSquid 6 points 1 year ago (2 children)

I think you need to read between the lines here. The designated person will be someone who will sell the guns for him and give him the money. I don't like police forfeiture auctions either, but I don't want this motherfucker making a dime.

[–] shalafi 6 points 1 year ago (1 children)

I don't want this motherfucker making a dime

Why not? Has he been convicted of a crime in a court of law, judged by a jury of his peers?

(And for the record, I too am certain he's guilty, but let's keep the above in mind.)

[–] FlyingSquid 1 points 1 year ago

What he has been convicted of and what I think he deserves are vastly different things.

[–] JustZ 5 points 1 year ago (1 children)

You're right. I don't think the state will give them up. There are any number of civil enforcement avenues it may proceed with to seize title to the guns, insofar as they are valuable. Writs of attachment, civil asset forfeiture, civil restitution. Son of Sam Laws, too.

[–] [email protected] 4 points 1 year ago (1 children)

Son of Sam laws mostly deal with profiting from the crime you're imprisoned for, there's no evidence (that I've seen) that this guy used any of the guns in his serial murders.

That being said, he's on trial for murder, and doesn't get to have guns. In the extremely unlikely event he's found innocent, those guns will be returned, but until then, no. They stay in police custody.

[–] JustZ 0 points 1 year ago

Before they are returned, they will be melted down accidentally on purpose. Oops. Sorry.

[–] [email protected] 13 points 1 year ago* (last edited 1 year ago)
[–] [email protected] 8 points 1 year ago
[–] FlyingSquid 0 points 1 year ago

I, too, wish to treat the law like it doesn't exist. However, there appear to be consequences.

[–] [email protected] -2 points 1 year ago

Tell him to choke on Uncle Sam's dead dick.

[–] [email protected] -3 points 1 year ago

Sure, you can have them back. Bend over.