I know that you can’t get enough Tales From the Dropbox so this week I have two episodes ready to roll out for your aural pleasure. Episode 32 is fairly “traditional” (whatever that means) in musical selections from the list below it does appear that I am focused on troubled personal relationships, fret not my friends, as my relationship with Mrs. Belding is not on the rocks. This week’s selections are just how the songs fell out as I assembled this episode.
Mrs. Belding, who doesn’t actually listen to the podcast but does read the show notes, indicated that they were too long to read, so I have headed her wise advice and shortened them substantially as you will likely note. BTW she calls me Dick.
So, a couple of episode’s back I posted my thoughts on sensible gun control. You can scroll down the page and find it easily or use the handy search box up above. Today’s revisiting, focuses on only one aspect of that issue – the AR-15.
As the recent events in Dallas remind us, yet again, the AR-15 is a @%@ lightweight killing machine. In the hands of almost anyone: teens, mental defectives, serial killers and mass murders it can be utilized to commit evil. Should evil assholes have access to these weapons? Common sense dictates that we say no.
How can government prevent these weapons from getting into the wrong hands? It can’t.
The U.S. constitution apparently protects the right of citizens to own any type of weapon.
In Kolbe v. Hogan, 813 F.3d 160 (2016) the 4th Circuit (Maryland) took up a Second Amendment challenge to a 2013 Maryland statute banning the sale of firearm magazines that hold more than 10 rounds and many firearms, by labeling them as “assault weapons.” In a 2-1 decision the Fourth Circuit held that strict scrutiny is the proper standard of review for bans on common arms, such as the AR15, and remanded the case back to the trial court to apply the correct standard. The trial court had utilized intermediate scrutiny.
NB: Under intermediate scrutiny the government, which has the burden of proof, wins almost every case. Under strict scrutiny – the government will rarely win. As noted by the majority:
A statute that “completely prohibits, not just regulates, an entire category of weaponry . . . might be ‘equivalent to a ban on a category of speech.’” (Quoting D.C. Circuit Judge Kavanaugh’s dissent in the Heller II case.) The extensive prohibition is “akin to a law that ‘foreclose[s] an entire medium of expression.’ City of Ladue v. Gilleo, 512 U.S. 43, 55 (1994). Such laws receive exceptionally rigorous review in the analogous context of the First Amendment … and we see no reason for a different method here.”
In short – the court is telegraphing that it believes the Maryland gun control statute is unconstitutional.
The Kolbe dissent was more pragmatic:
Let’s be real: The assault weapons banned by Maryland’s FSA are exceptionally lethal weapons of war. In fact, the most popular of the prohibited semiautomatic rifles, the AR-15, functions almost identically to the military’s fully automatic M16. (Id. at 193.)
The government argued for a rehearing before the entire appellate panel (14 justices) which was granted. Oral arguments took place in May. When the decision is issued, it will potentially have a huge impact on a number of States gun control legislation as they wrestle with assault weapons and high volume magazines. So, the Supreme Court may have to finally take a gun case.
To be clear, I have no objection to any specific type of weapon. Each weapon arguably has a legitimate purpose. The issue I have with these types of hyper-legal decisions is the legitimacy of an argument that a state cannot keep assault weapons from nut jobs. Regulation is necessary where the risk of harm to the general public is greater than the individual’s right to possess a military assault rifle.
I am positive that the framers, at the time of drafting the 2nd Amendment to the Constitution, did not anticipate that there would one day be a gun, in the hands of an untrained individual, which could have single handedly won the American Civil War.
In short, bad people can obtain any type of weapon. We should be able to restrict the sales of types of weapons when we cannot prevent them from falling into the hands of bad people.
Here is what you’ll find in Episode #32:
- Fear of Men – “Trauma” (Fall Forever)
- All Human – “And So Peter Dances” (Teenagers, You Don’t Have To Die)
- Highs – “Careful” (Dazzle Camouflage)
- Causes – “Sparrow” (Under Bridge That You Built For Me)
- The Breaks – “Looking Down the Back Roads” (The Back Roads)
- Camp Claude – “Disconnected” (Swimming Lessons)
- Drowners – “Someone Else is Getting In” (On Desire)
- With Confidence – “Waterfall” (Better Weather)
- Over Andover – “The One Where The Underdog Gets Away” (Somewhere Safe)
- Seratones – “Don’t Need it” (Get Gone)
- Wrenn – “Summer Girls” (Apathy & Good Books)
- The Rival Bid – “Fire” (Night Remains)
- The Shift – “Red Flags” (If)
- The Modern Lovers – She’s Cracked” (The Original Modern Lovers)
- Meiko – “We All Fall Down” (Moving Day)
Well she cracked, I won’t she did things that I don’t she’d eat garbage, eat shit, get stoned … she’s just been hurt bad before … I’m always throwing up these red flags hoping that she’ll see…