General Gun Violence/Gun Control

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  • #661
Self defense against what, though? Some homicidal maniac running rampant through the town? From what I can gather through anecdotal information nearly everyone in Texas is well versed in carrying weapons; they are all stable individuals who've grown up with weapons in the home, follow safe gun storage and handling and never point a gun at someone unless they plan on pulling the trigger.

The rest of the world seems to get along just fine not carryings guns to pick up a pizza, grab a coffee, shop for groceries or go to the barber, etc. If Texans don't feel safe then maybe all those guns have something to do with that since mass shootings have become a weekly event.

The issue has become the chicken or the egg conundrum.

I have always only spoken for myself…
Has there been a ‘homicidal maniac running around rampant through the state’?
Yes, he was caught sometime yesterday. Does this happen regularly? Yes.

The crime rate 45 min from where I live is much higher than where I live.
Why?
gun access, poverty, gangs, drug cartels, the current border crisis, racism, etc. I don’t know.

Yes, I agree that the Pandora’s box of guns has already been opened and the evils of guns are already lose. So who decides to give their guns up first? Not me.

JMO
 
  • #662
RSBM

Castle Rock v. Gonzales demonstrates that police have no obligation to enforce protection orders.
I agree, why have laws if law enforcement doesn't... ya know... ENFORCE them. :(
That is not what that case says. It is repeatedly misrepresented. That isn't helping.
 
  • #663
That is not what that case says. It is repeatedly misrepresented. That isn't helping.

Actually while it is a tough story and legalities long after the initial case- that appears to be what The Supreme Court decided.
This is the original audio of the decision being read
by Justice Anthony Scalia, The US Supreme Court Castlerock vs. Gonzales 2005 with a transcript of the reading.

Legal basis to act
The protection order provides the legal basis for police action, meaning the order allows action to be taken quicker- violation of the order is the evidence.
Discretion to act
The protection order does not provide a mandate or means to demand, nor is there a special relationship such that the police must protect, instead the police have discretion on when and how to act to enforce a protective order.
Duty to protect
The state has a duty to protect when there is a special relationship, such as when a person is in custody of the state, jail or prison. Maybe even ward of state in foster care. In this case she had no entitlement to enforcement of the protection.

There was no evidence the police acted in a way that was neglectful meaning they knew their actions would result in harm… they acted using their discretion and that discretion took time and resulted in a lack of action- and Jessica Gonzales’ three little girls were murdered by being shot in the head by their father.

I know I cannot protect myself using my own physical body, and if I call police they have discretion as to when and how to act to protect me. When it comes to My Life, I want protection that is sure and swift. That protection is not anyone’s responsibility more than it is mine. The protection of me is also my right.
For me, that protection feels like my husband next to me, or a loaded gun.

JMO
 
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  • #664
Actually while it is a tough story and legalities long after the initial case- that appears to be what The Supreme Court decided.
This is the original audio of the decision being read
by Justice Anthony Scalia, The US Supreme Court Castlerock vs. Gonzales 2005 with a transcript of the reading.

Legal basis to act
The protection order provides the legal basis for police action, meaning the order allows action to be taken quicker- violation of the order is the evidence.
Discretion to act
The protection order does not provide a mandate or means to demand, nor is there a special relationship such that the police must protect, instead the police have discretion on when and how to act to enforce a protective order.
Duty to protect
The state has a duty to protect when there is a special relationship, such as when a person is in custody of the state, jail or prison. Maybe even ward of state in foster care. In this case she had no entitlement to enforcement of the protection.

There was no evidence the police acted in a way that was neglectful meaning they knew their actions would result in harm… they acted using their discretion and that discretion took time and resulted in a lack of action- and Jessica Gonzales’ three little girls were murdered by being shot in the head by their father.

I know I cannot protect myself using my own physical body, and if I call police they have discretion as to when and how to act to protect me. When it comes to My Life, I want protection that is sure and swift. That protection is not anyone’s responsibility more than it is mine. The protection of me is also my right.
For me, that protection feels like my husband next to me, or a loaded gun.

JMO
The Court decided that the Castle Rock Police Dept could not be sued under USC 1983 for the failure to enforce the protective order. There is no property right in such an order. The hint from Scalia was for governments to tighten up and clarify obligations. The case is often referred to as proclaiming things that it does not.

You are correct however that you should NOT rely on police to protect you. Most police will tell you the same thing. Their ability to protect you is quite limited.
 
  • #665
The Court decided that the Castle Rock Police Dept could not be sued under USC 1983 for the failure to enforce the protective order. There is no property right in such an order. The hint from Scalia was for governments to tighten up and clarify obligations. The case is often referred to as proclaiming things that it does not.

You are correct however that you should NOT rely on police to protect you. Most police will tell you the same thing. Their ability to protect you is quite limited.
In my state, police do arrest anyone who violates a Protection Order and they also take Red Flag laws very seriously. I think police are very supportive of Red Flag laws.


When asked if Kentucky could benefit from a law similar to the one Indiana has implemented, Loop responded, "Definitely."
"I would like to see a national red flag law. I'd also like to see the background checks include mental health," Loop said.
 
  • #666
The Court decided that the Castle Rock Police Dept could not be sued under USC 1983 for the failure to enforce the protective order.

You are correct however that you should NOT rely on police to protect you. Most police will tell you the same thing. Their ability to protect you is quite limited.
RSBM
Got it, your explanation was much more specific.
I feel bad for the victims. We are told to fill out an “order of protection” form to begin creating a paper trail for a future court case against our attacker. We are also told to call the police and document the police reports each time the protective order is violated, so we have documentation of the abuse.
And we have no recourse if the police don’t show up.
I agree, we have no one on which to rely.
 
  • #667
RSBM
Got it, your explanation was much more specific.
I feel bad for the victims. We are told to fill out an “order of protection” form to begin creating a paper trail for a future court case against our attacker. We are also told to call the police and document the police reports each time the protective order is violated, so we have documentation of the abuse.
And we have no recourse if the police don’t show up.
I agree, we have no one on which to rely.
You call 9-1-1 if you are the victim of domestic abuse. The police WILL show up. You then take the police report and any texts, photos, witnesses to the Court and they will issue an Emergency Order of Protection. Red Flag laws work much the same way. State politicians who refuse to common sense gun control legislation are placing lives in danger and residents are getting fed up, imo.


The latest University of Texas and Texas Politics Project Poll revealed that 76% of Texans want the legal age to purchase a firearm to increase from 18 to 21.

Also, 72% support red flag laws, which allow courts to require a person determined to be a risk to themselves or others to temporarily surrender guns in their possession.
 
  • #668
Self defense against what, though? Some homicidal maniac running rampant through the town? From what I can gather through anecdotal information nearly everyone in Texas is well versed in carrying weapons; they are all stable individuals who've grown up with weapons in the home, follow safe gun storage and handling and never point a gun at someone unless they plan on pulling the trigger.

The rest of the world seems to get along just fine not carryings guns to pick up a pizza, grab a coffee, shop for groceries or go to the barber, etc. If Texans don't feel safe then maybe all those guns have something to do with that since mass shootings have become a weekly event.

The issue has become the chicken or the egg conundrum.
I know what you mean. Bad things are bound to happen around guns, but that's not how many Texans feel from what I've read.
 
  • #669
I know what you mean. Bad things are bound to happen around guns, but that's not how many Texans feel from what I've read.
It makes zero sense to me that some states prioritize gun rights over public safety. If I feel my loved one is mentally unstable, I want to be able to protect their safety--and my safety--by taking away their access to a lethal weapon.

Yet another mass shooting today at a Texas shopping mall. smh

 
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  • #670
  • #671
  • #672
Absolutely, having a gun Is not the same thing as knowing and understanding
- what it can do
- how it works
- how to use it
- how to store it
- how to clean it
- laws of gun ownership
- laws of gun use
- human consequences of gun use.
My dad was a wise man, too bad more fathers do not take the time, have the skills, and are as motivated as he was to teach us about guns.

”Anything that can take a life must be viewed and treated with the utmost respect. You can’t put a shot bullet back into a gun.” Dad

JMO
It would be great if all gun owners were required to have training before being allowed to purchase one. I think the NRA still provides gun safety training, although their emphasis now seems to be more on gun rights than on technical gun safety.
 
  • #673
  • #674
  • #675
  • #676
A patchwork at best, like the video at worst, but you must not give up.
True. We need to restore sanity to our gun laws, everywhere in the US. Federal bans on these high capacity weapons and ammo are a good first step. JMO
 
  • #677
I'm not sure if it's been shared or not, but this is an incredible source for gun violence documentation

 
  • #678
True. We need to restore sanity to our gun laws, everywhere in the US. Federal bans on these high capacity weapons and ammo are a good first step. JMO
I just hope the mods leave some of these posts up. We are not intending to create more political strife. We want to prevent more murders by mass shooters. It's not just the dead. Think of the thousands who are injured and traumatized. It just breaks my heart... and, yes, I am worried about the high capacity weapons being smuggled into my country from the US. The Nova Scotia mass shooter had guns from the USA.
 
  • #679
A couple of years ago I told an American friend (gunowner) that "Guns are in the DNA of Americans". She got quite upset about that and said it's not true. I think that article I posted about the history of guns in America helps prove that I was wrong and she was right.
 
  • #680
A couple of years ago I told an American friend (gunowner) that "Guns are in the DNA of Americans". She got quite upset about that and said it's not true. I think that article I posted about the history of guns in America helps prove that I was wrong and she was right.
Not in DNA, but protected by 2A. Most citizens agree. The problem is some of the folks that are asking for common sense gun laws - a ban on semi-automatic rifles / high-capacity magazines - get stomped upon by other folks who insist people are coming for their handguns. It’s a fallacy of logic, but you won’t convince them otherwise. My right to not want to have my family blown to bits by an AR-15 while shopping does not matter to them. They want what they want. Demand it.
 
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