• njm1314@lemmy.world
    link
    fedilink
    arrow-up
    51
    arrow-down
    15
    ·
    1 year ago

    What a silly hill to die on. This is blatantly unconstitutional. That’s obvious to everyone, even those of us who might agree in spirit. So it’s just a waste. A waste of time and tax payer money. New Mexico is gonna spend time and resources on this that could be better spent elsewhere.

    What’s more it wastes political capital. Capital that is gonna be needed soon for the Democratic party. So I can’t fathom why she’s doing this. She just gave conservatives the high ground and a huge rallying call.

    • SeaJ@lemm.ee
      link
      fedilink
      arrow-up
      20
      arrow-down
      4
      ·
      1 year ago

      With the current court, it is unconstitutional. Several states banned public carry when the country was founded including Virginia so it’s not like that was unheard of at the time.

    • rambaroo@lemmy.world
      link
      fedilink
      arrow-up
      3
      arrow-down
      9
      ·
      1 year ago

      Show me where the constitution gives you a right to open carry.

      Oh that’s right, it doesn’t.

  • Obinice@lemmy.world
    link
    fedilink
    arrow-up
    13
    arrow-down
    12
    ·
    1 year ago

    Finally, somewhere I might be able to visit there and feel at least a little bit safe in public.

      • Dkarma@lemmy.world
        link
        fedilink
        arrow-up
        7
        arrow-down
        6
        ·
        1 year ago

        You think every criminal with a gun started the day as a criminal with a gun? The majority of mass shootings started that day as “just another perfectly legal person with a gun being allowed to carry wherever”.

        Tell me how many of the last 50 mass shootings were done by someone who was already a “criminal with a gun”

        • FontMasterFlex@lemmy.world
          link
          fedilink
          arrow-up
          3
          arrow-down
          2
          ·
          1 year ago

          This is some mental gymnastics. How many days started with someone intending on drunk driving? how many days started with someone intending on smashing someones face with a hammer. good lord, by your logic we are ALL criminals just waiting to happen. quick someone call Tom Cruise and the Pre-crime unit.

      • CoderKat@lemm.ee
        link
        fedilink
        English
        arrow-up
        3
        arrow-down
        4
        ·
        1 year ago

        I mean, some of them? Plenty of people who shoot others are first offenders. And I’m sure even many dangerous people wouldn’t carry a gun around if the mere act of carrying could get you sent to jail. Carrying being legal means that you can blend into the crowd of law abiding people.

        Nobody thinks every gun crime will be stopped with any single act of gun control. But they all reduce it.

    • eric@lemmy.world
      link
      fedilink
      arrow-up
      23
      arrow-down
      8
      ·
      1 year ago

      Yet there’s plenty of precedent at the federal and state level for places where carrying guns is not allowed. 🤔

        • PrinceWith999Enemies@lemmy.world
          link
          fedilink
          arrow-up
          8
          arrow-down
          8
          ·
          1 year ago

          All that would mean is that there is a current disagreement. The assault weapons ban was constitutional. California’s regulations on firearms is constitutional. Those are all court rulings with a lot more gravitas than a NM TRO.

          There is no right via the second amendment for the unregulated possession or carry of firearms, just like there is no right in the first amendment to unlimited free speech. Those are interpretations that are entirely grounded in an optimistic layperson’s interpretation of what a multi century old complex body of laws actually should mean, rather than the actual legal interpretations.

          The government tightly regulates speech. It’s allowed to, over-generous interpretations of the First be damned. It is the same thing with firearms.

          It’s culture war bullshit that will go back and forth for another century if we last that long. The pendulum is currently in a pro-gun direction. At some point it will swing back and we will have a federal ban on weapons and mag caps again.

          The problem of course is the American gun fetish, not the guns themselves. As long as people culturally fetishize guns as symbols of freedom and masculinity, we’re going to have this. It’s got an intersection with Southern and African American honor culture that escalated violence, and an increasing intersection with right wing domestic terrorism, which in turn informs mass shootings. But it’s easier to do an ineffective gun ban than address that.

          • JustAManOnAToilet@lemmy.world
            link
            fedilink
            arrow-up
            8
            arrow-down
            6
            ·
            1 year ago

            I mean, that’s a nice wall of text, but it isn’t going to make this order any more constitutional. Law enforcement isn’t enforcing it, and the state AG isn’t even defending it apparently.

      • JustAManOnAToilet@lemmy.world
        link
        fedilink
        arrow-up
        1
        ·
        1 year ago

        Biden-appointed U.S. District Court Judge David Urias said during a Wednesday hearing that the order violated the Constitution.

        “The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury,” Urias said during the hearing.

        • PrinceWith999Enemies@lemmy.world
          link
          fedilink
          arrow-up
          2
          ·
          1 year ago

          Do you take every district court decision to be the last word on what is or isn’t constitutional, or do you wait for the supreme court to rule?

          What is “constitutional” changes all the time. The AWB was constitutional. Mag limits were constitutional. Background checks are constitutional.

          At some point, this may be found to be constitutional, or not, but it’s not like the constitution is some unchanging document, and it certainly doesn’t mean that federal or state governments cannot restrict who can buy which firearms under which conditions, or regulate how they may be legally carried. That’s been the case forever.

    • CoderKat@lemm.ee
      link
      fedilink
      English
      arrow-up
      3
      arrow-down
      1
      ·
      1 year ago

      I’m no expert on the US Constitution, but I was under the impression that the second amendment basically lets you have guns (well, something something well regulated militia, but that part is universally ignored by now). It doesn’t say you’re allowed to carry in public. I know states already get to set carry laws, which is why some states are open vs concealed carry. I don’t see how this is much different. It’s not like they’re even saying you can’t have guns at your home.

  • Turbo@lemmy.ml
    link
    fedilink
    arrow-up
    15
    arrow-down
    21
    ·
    1 year ago

    Ah yeah… Not constitutional.

    She’s just doing this for her image.

      • Turbo@lemmy.ml
        link
        fedilink
        arrow-up
        1
        arrow-down
        3
        ·
        1 year ago

        Ah I didn’t know that.

        Well, grasping for straws, trying to say that she did something bold etc. Anyway I read in another article that a judge is blocking this