Submitted by Northwoods01 t3_10l5cbl in vermont
bizarre_pencil t1_j5uwokw wrote
“Hate motivated crimes” is going to be a nightmare for courts to sort out. How can a court or jury confidently identify if a crime is hate motivated? Same problem with hate speech.
This is a ridiculous package of anti-common sense laws that do nothing but inconvenience, harass, and possibly endanger law abiding gun owners. Hopefully this is just political posturing on a bill that won’t actually go anywhere, especially since the legislature has a veto-proof majority.
GrubSprings t1_j5v8irw wrote
Hate-crime statutes have been on the books for years and are routinely enforced by the courts. In many cases the perpetrators of hate crimes are very open about their motivations for shooting up a synagogue or posting flaming crosses in peoples' yards. Some racists are weird like that.
bizarre_pencil t1_j5vbrds wrote
That’s not what they’re referring to here, or else they would have just said hate crimes. “Hate motivated” opens a Pandora’s box of overzealous prosecutors who will try to pin down anything under the sun as “hate motivated”. Also, we’re not in the same universe now with such a quick trigger to label things hate speech/hate motivated crimes
[deleted] t1_j5wgbtb wrote
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HeadPen5724 t1_j6eab8g wrote
Maybe Sarah George will actually start prosecuting…
[deleted] t1_j5wg7vt wrote
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Galadrond t1_j679iuy wrote
Ever heard of the Civil Rights Act? Establishing hate as the motivation of a crime is fairly straightforward, especially in the age of social media. Bigots tend to leave a trail of such vitriol that is relatively easy to find and trace.
bizarre_pencil t1_j68qi2p wrote
You missed the point, and I’m sick of explaining this. Read my other comments
Generic_Commenter-X t1_j5vnczn wrote
//How can a court or jury confidently identify if a crime is hate motivated?//
Establishing motive is part and parcel of any number of criminal prosecutions. This isn't some insoluble mystery that nobody has ever dealt with before.
//This is a ridiculous package of anti-common sense laws...//
Requiring owners of deadly weaponry to handle them in a well-regulated way is common sense and the language of the 2nd Amendment.
bizarre_pencil t1_j5vvjf6 wrote
I beg to differ - this wouldn’t be a case of “the defendant had significant wealth to be gained from the murder of Jane doe” because hate isn’t a rational motivation it can’t be explained or determined rationally. It’s just begging to be abused by those seeking to strip guns from people.
Also, in context an honest reading of the 2nd amendment intends “well regulated” to mean strong functioning, well maintained. Why would they write an amendment saying the right to own guns will not be infringed, but then give govt tons of power to regulate? Doesn’t make logical sense especially given the context of the time.
Generic_Commenter-X t1_j5yuh74 wrote
Motive is motive. Courts deal with it every day.
Second, the bill doesn't infringe on your right to procure or own guns in any way. It proposers that gun owners store their weapons responsibly. If you want to whine about that, then whine, but it's no different than any other government safety requirements. Get over it.
bizarre_pencil t1_j5yybm0 wrote
Again, anti common sense. One of the main reasons to have a gun is for home defense. If an intruder breaks in, I’m supposed to have to basically unlock and re-assemble my gun and then go to the separate place the ammo is kept? Absolute foolishness.
Generic_Commenter-X t1_j5z3ch9 wrote
Where does the bill say you can't keep a handgun under your pillow? The actual language of the bill is:
" when a firearm is not in a person’s immediate possession or control, the firearm must be properly secured in such a way to render it inoperable by any person other than the owner or other lawfully authorized user and stored separately from ammunition..."
"Immediate control" means you can still keep your firearm under your mattress or pillow.
bizarre_pencil t1_j5z4ap9 wrote
The vague language means you’re inferring that, and not everyone will share that interpretation. Also it’s just absurd levels of micro managing the populace. So under a pillow is ok, what about on/in a bedside table? How is any of this preventing gun violence?
Generic_Commenter-X t1_j5z5vvl wrote
FYI, this is in relation to an "arrestee", but the takeaway is that "immediate control" refers to the area "within an individual's reach" : "In criminal law, immediate control refers to an area within an arrestee’s reach. A police officer may conduct a warrant less search of the area to ensure the safety of the officer and also to prevent the arrestee from destroying evidence. The term also includes the arrestee’s person and the area from within which s/he might gain possession of a weapon or destructible evidence. [United States v. Beltran-Palafox, 2010 U.S. Dist. LEXIS 54541 (D. Kan. June 3, 2010)]."
Generic_Commenter-X t1_j5z56s4 wrote
If you look up the meaning of "immediate control", in its legal sense, it means pillows and bedside tables are okay. Objecting to the Bill because you think it's "micromanaging" is legitimate, but objecting because you think it means nobody can have a gun for self-protection is just a straw man fever dream. I doubt it would survive the second amendment were that the intent. If that is the intent, then the law should be struck down.
bizarre_pencil t1_j5ztjb9 wrote
That’s all well and good for clarifying the language, but that doesn’t answer how any of these rules are going to reduce gun violence.
thisoneisnotasbad t1_j61j9ui wrote
I never understand the storing ammo separately. An unloaded gun is a pretty useless tool and defeats the whole point of having a gun to start with.
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