The rulings in Maryland and Oregon come amid a shifting legal landscape in the wake of a Supreme Court decision that has imposed new limits on gun regulation.

In the wake of a landmark U.S. Supreme Court decision last year that significantly limits what the government can do to restrict guns, states led by Democrats have scrambled to circumvent or test the limits of the ruling. A few have approved new gun restrictions. Oregon even passed a ballot initiative to ban high-capacity ammunition magazines.

But this week, supporters of the new gun measures suffered a pair of setbacks, underscoring the rippling effect of the court’s decision.

On Tuesday, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in Richmond, Va., ruled that a 10-year-old Maryland law related to licensing requirements for handguns was unconstitutional.

  • PugJesus@kbin.social
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    8 months ago

    Under the Maryland law, an applicant for a handgun license must meet four requirements. They must be at least 21 years old, a resident of the state, complete a gun safety course and undergo a background check to ensure they are not barred under federal or state law from owning a firearm.

    An applicant must then fill out an application, pay a processing fee, and wait up to 30 days for a state official to issue a license.

    The appeals court ruled that requiring applicants to wait up to 30 days for a handgun permit violated the constitutional rights of citizens, and “the law’s waiting period could well be the critical time in which the applicant expects to face danger.”

    I fucking hate these cretins in our judiciary.

    • Uglyhead@lemmy.world
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      8 months ago

      Critical time where the applicant expects to face danger

      I needs my guns the minute I needs them. Vending machines full of guns should be on every street corner so I have access to the firepower and ammunition I need at all times.

    • farcaster@lemmy.world
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      8 months ago

      Citizens wouldn’t be facing so much danger if we didn’t have guns everywhere…

        • RGB3x3@lemmy.world
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          8 months ago

          Most murders occur by firearm and it’s not even close. We’re in an arms race with each other to defend ourselves against all the guns that are causing our deaths. It’s a dangerous spiral.

          https://www.statista.com/statistics/195325/murder-victims-in-the-us-by-weapon-used/

          And guns are part of the tools that abusers use in abusing:

          For example, the 8-fold increase in intimate partner femicide risk associated with abusers’ access to firearms attenuated to a 5-fold increase when characteristics of the abuse were considered, including previous threats with a weapon on the part of the abuser. This suggests that abusers who possess guns tend to inflict the most severe abuse.

          https://ajph.aphapublications.org/doi/10.2105/AJPH.93.7.1089#_i8

          A small percentage (5%) of both case and control women lived apart from the abuser and owned a gun, however, and there was no clear evidence of protective effects.

          A victim’s access to firearms has little effect on their protection, but abuser’s access consistently makes abuse worse for the victims.

          It’s fine to assume that victims need access to firearms for protection because on the surface it sounds sensible, but the data shows that firearm access is actually making abuse situations worse for the victims.

          • LemmyIsFantastic@lemmy.world
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            8 months ago

            None of that has to do with me wanting a gun because an ex is crazy. Your privilege is real.

            You sitting here mouthing off stats as if there isn’t still an individual looking for protection. ONLy 5% live apart but fuck them and let’s ignore the fact that many successfully defend themselves. Fuck those removed.

            • rambaroo@lemmy.world
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              8 months ago

              Lol @ trying to invoke privilege when most people killed by DV are shot. Having access to guns doesn’t save anyone. Fuck you for trying to manipulate people this way.

    • Drivebyhaiku@lemmy.world
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      8 months ago

      This is basically how gun laws have worked in Canada for ages. Treating access to guns the same way you do cars just makes sense. Of course the ease of being able to smuggle weapons bought from the unregulated US sources has meant that gun crime here is still a major problem compared to countries who share borders with others with similar gun control laws. The majority of gun crime in Canada happens with illegally sourced weapons 85% of which has been sourced to guns purchased in the US. Mexico experiences a similar issue.

      Gun pollution spreads over our borders and the US is simply big enough and self obsessed enough to not care. Every democratic nation has it’s own version of the US Constitution and unlike when the US Constitution was written, democracies now make up the majority of government systems on the world stage. There are now a lot of democratic societies who have been stable and just fine without massive amounts of citizen gun ownership. In a very real way American gun law structured as it is interferes with our country’s ability to address guns on our own democratic and constitutional grounds.

      Democracy and freedoms of the kind the US bills itself on is now considered pretty basic worldwide. Anyone operating on an originalist veiw really needs to unbury their head from the sand and realize how much the world has changed since it was written.

    • interceder270@lemmy.world
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      8 months ago

      “Sorry bro, you’re going to have to wait for the first amendment to kick in.”

      “Yeah, we’re gonna have to quarter soldiers here. Sorry, you don’t get 3rd amendment protections for another month.”

    • HessiaNerd@lemmy.world
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      8 months ago

      Depleted Uranium ammo was not a thing until the 40’s. Not long enough to have a historical basis for banning civilians from owning them.

    • 【J】【u】【s】【t】【Z】@lemmy.world
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      Me too. They just gloss over three fourths of the amendment.

      Well regulated.

      Milita.

      To protect the security of the state.

      These words mean nothing to conservatives, they read them right out of the Constitution and then claim they are adhering to strictly to the text.

    • Reddit_Is_Trash@reddthat.com
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      8 months ago

      Why do you think law abiding citizens should be subjected to waiting periods to exercise their constitutional rights?

      • PugJesus@kbin.social
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        The constitutional right to acquire arms immediately and without precondition, I see. Just like the constitutional right to say anything, at any time, without any consequences.

        • stevestevesteve@lemmy.world
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          This doesn’t remove all background checks, so “immediately and without precondition” is facetious.

          I agree with not selling weapons to known maniacs, but I also believe that if the govt knows someone’s dangerous enough that they shouldn’t own a gun for self defense, they already should have been removed from the general population and arrested/imprisoned etc, as they are still very dangerous to the general population without said firearm.

      • Flying Squid@lemmy.world
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        Why do you think law abiding citizens should be gassed, arrested and shot at for exercising their constitutional right to petition the government against grievances? Because Trump sure enjoyed doing those things and he says he’s going to do it even more if he gets re-elected. And then there’s the Republican love of cruel and unusual punishments. And, of course, there’s Mike Johnson and other Republicans denying that there is or should be a separation between church and state.

        Seems like maybe the people who are supposed to protect your constitutional right to own a gun don’t really care about other constitutional rights.

      • idiomaddict@feddit.de
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        8 months ago

        Because it makes the world safer. Same reason you need a fence around a pool, even though the pursuit of happiness is protected by the constitution (for me, happiness is unbridled access to a pool).

      • Annoyed_🦀 🏅@monyet.cc
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        8 months ago

        Same way as law abiding citizens need to wait 21 years, goes through firearm training, and gone through background check to exercise their constitutional rights. If 30 days is such a long time to wait and considered unconstitutional, why not lower the age requirement to 12 years old? Why need firearm training? Why need background check?

      • 【J】【u】【s】【t】【Z】@lemmy.world
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        This a stupid argument. The right isn’t to just have guns.

        It’s to have guns whilst being a member of a militia that trains regularly and only for the purpose of protecting state security.

        That’s literally what the text says.

        All that extra shit you are adding to the right is stuff made up by charlatans. And I guess it worked, because they sure fooled you.

        • Reddit_Is_Trash@reddthat.com
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          Have you read the constitution? It literally does not say it’s only for the purpose of protecting the state

          The problem with the world today is that we have illiterates like you voting.

          • 【J】【u】【s】【t】【Z】@lemmy.world
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            I’m an attorney so I think you’re basically illiterate in comparison. Why don’t you go read it again, you absolute donkey. Tell us all why a militia is even necessary in the eyes of the framers. The text on this could not be more clear.

            Second Amendment True Purpose Revealed: True Secret the Framers Don't Want You to Know

            “the security of a free state”

    • SheeEttin@lemmy.world
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      I think SCOTUS might reverse that. I don’t think there was any recent case concerning waiting periods.

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        It’s not the waiting period that’s the problem, it’s the permit to attempt to buy.

        There’s already a background check when you buy, these states were requiring a second background check before you buy. Pointless paperwork.

    • guacupado@lemmy.world
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      and “the law’s waiting period could well be the critical time in which the applicant expects to face danger.”

      Sometimes that danger is them getting caught by police before they’re able to execute.

  • Flying Squid@lemmy.world
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    They had gun control in the “Wild West.” Many towns didn’t allow guns within the borders. But even that era that Republicans love so much had too much regulation for them.

  • 👍Maximum Derek👍@discuss.tchncs.de
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    Oregon’s law was terrible and needed to be overturned ASAP. It basically gave sherriffs, the most ulta-conservative people in the state, the power to decide who did and didn’t get guns. The conspiracy minded part of me thinks measure 114 was put on the ballot to set gun control efforts back by 6 to 8 years, and it succeeded.

    • jordanlund@lemmy.world
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      8 months ago

      It was written and proposed by an ultra religious movement too… You can be tax free or take positions in governing. Pick one.

    • AlexWIWA
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      8 months ago

      “May issue, determined by police” will only ever prevent minorities from owning guns. Uncle Jim, that shares conspiracies on Facebook and beats his wife, will never be blocked by a sheriff.

  • IHadTwoCows@lemm.ee
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    8 months ago

    You may now all exercise your right to ARM THE FUCK UP BECAUSE NAZIS ARE COMING TO KILL YOU AND YOUR FAMILY.

    • spyd3r@sh.itjust.works
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      The only violent nazis intent on killing people I’ve seen lately are the ones chanting “From the river to the sea…”

      • IHadTwoCows@lemm.ee
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        Well there have been plenty of violent nazis all ocer the US but you like to call them “lone wolves suffering mental breakdowns”. Nope. They’re just violent Nazis, much like thones taking our money and genociding Palistinians on their own soil.

        • spyd3r@sh.itjust.works
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          You mean Hamas? By using human shields and by conducting military operations, launching rockets, and storing weapons near or in schools, hospitals, mosques, and other civilian infrastructure, they are the ones who are responsible for those deaths.

          • twisted28@lemmy.world
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            Yes Hamas, the group BiBi paid to exist so he can justify killing more Palestinian children and steal more land. The jig is up. You lost the propaganda war. There are Mass protests around the world to stop their genocide. BDS will come for them.

  • SeaJ@lemm.ee
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    8 months ago

    The Oregon one makes sense since it is very clearly codified in their Constitution.

  • bastian_5@sh.itjust.works
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    For a moment I misread the title as something about Counter Strike somehow having something to do with gun control measures and got very confused…

    • gmtom@lemmy.world
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      So does most of the world, yet we don’t have weekly mass shootings.

    • hansl@lemmy.world
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      Are you saying the judges are mentally unfit? I don’t disagree, just want to clarify.

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    Sorry kiddos, the judge says you got to die. Can’t take bubba’s guns away, that would be unconstitutional.