guns – Lone Candle

Hunter Biden’s Trial Highlights a Widely Flouted, Haphazardly Enforced, and Constitutionally Dubious Gun Law

Posted on June 28, 2024 by ajk1311@gmail.com

“As a matter of statutory law, the case against Biden is straightforward. He has publicly admitted that he was regularly smoking crack cocaine around the time he bought the gun, and prosecutors say investigators found cocaine residue on the leather pouch in which he had kept it. As a matter of constitutional law, the viability of the case is less clear”

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“Judging from survey data on drug use and gun ownership, something like 20 million Americans are committing that felony right now. The Justice Department prosecutes only a minuscule percentage of those potential defendants. That is partly because such cases are not a high priority, which tells you something about the logic of treating this offense as a felony that is currently punishable by up to 15 years in prison (thanks to legislation that Biden’s father signed in 2022). But the main reason that gun-owning drug users are rarely prosecuted is that the government generally does not know who they are.
The Biden exception to that rule is the result of two factors. If he had not publicly disclosed his drug use or if Hallie Biden had not publicly revealed his gun possession, there would have been no basis to charge him. But even at that point, federal prosecutors did not have to pursue the case, let alone treat a single gun purchase as three felonies. Here is where Weiss’ eagerness to show that Biden would not get a pass simply because he is the president’s son may have played a role.”

https://reason.com/2024/06/04/hunter-bidens-trial-highlights-a-widely-flouted-haphazardly-enforced-and-constitutionally-dubious-gun-law/

Guns, Germs, and Drugs Are Largely Responsible for the Decline in U.S. Life Expectancy

Posted on January 31, 2024 by ajk1311@gmail.com

“So why did U.S. life expectancy trends slow and then peak in 2014? And what, if anything, can policy makers and politicians realistically do to make increasing it a priority? As noted above, the big recent dip largely resulted from the COVID-19 pandemic. A 2023 Scientific Reports article “estimated that US life expectancy at birth dropped by 3.08 years due to the million COVID-19 deaths” between February 2020 and May 2022. But let’s set aside that steep post-2020 downtick in life expectancy resulting from nearly 1.2 million Americans dying of COVID-19 infections.

A 2020 study in Health Affairs chiefly attributed the 3.3-year increase in U.S. life expectancy between 1990 and 2015 to public health, better pharmaceuticals, and improvements in medical care. By public health, the authors meant such things as campaigns to reduce smoking, increase cancer screenings and seat belt usage, improve auto and traffic safety, and increase awareness of the danger of stomach sleep for infants. With respect to pharmaceuticals, they cited the significant reduction in cardiovascular diseases that resulted from the introduction of effective drugs to lower cholesterol and blood pressure.

So a big part of what propelled increases in U.S. life expectancy is the fact that the percentage of Americans who smoke has fallen from 43 percent in the 1970s to 16 percent now. Smoking is associated with higher risks of cardiovascular diseases and cancers, rates of which have been dropping for decades. In addition, the rising percentage of Americans who are college graduates correlated with increasing life expectancy.

However, since the 2004 peak, countervailing increases in the death rates from drug overdoses, firearms, traffic accidents, and diseases associated with obesity contributed to the flattening of U.S. life expectancy trends.

A 2021 comprehensive analysis of the recent stagnation and decline in U.S. life expectancy in the Annual Review of Public Health (ARPH) largely concurs, finding that “the proximate causes of the decline are increases in opioid overdose deaths, suicide, homicide, and Alzheimer’s disease.” Interestingly, the U.S. trend in Alzheimer’s disease prevalence has been downward since 2011. In addition, the ARPH review noted that “a slowdown in the long-term decline in mortality from cardiovascular diseases has also prevented life expectancy from improving further.” So enabling and persuading more properly diagnosed Americans to take blood pressure and cholesterol-lowering medications would likely boost overall life expectancy.”

https://reason.com/2024/01/08/guns-germs-and-drugs-are-largely-responsible-for-the-decline-in-u-s-life-expectancy/

DeSantis Wants To Reduce Mass Shootings by Locking More People in Mental Hospitals

Posted on November 24, 2023 by ajk1311@gmail.com

“”A 2017 task force report on the involuntary referrals of children under Florida’s Baker Act found that one-third of them were not necessary,” according to a recent article by Kaitlin Gibbs of the University of Florida Levin College of Law. “Many children are Baker Acted more than once, which shows the initial Baker Act may not have successfully treated children with mental illness. At least thirty percent of all children Baker Acted will have a repeat Baker Act within five years.”
Nor is throwing people into mental wards likely to reduce the number of mass shootings. As Ragy Girgis, a clinical psychiatrist at Columbia University, wrote in 2022, “Serious mental illness—specifically psychosis—is not a key factor in most mass shootings or other types of mass murder.” And while 25 percent of mass shootings “are associated with non-psychotic psychiatric or neurological illnesses, including depression,” he notes that “in most cases these conditions are incidental.”

In the case of last week’s murders in Maine, the shooter, 40-year-old Robert Card, was hospitalized during the summer. But officials say there is no evidence this hospitalization was involuntary. And Card’s history of mental illness makes him unusual among other mass murderers.”

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“If DeSantis’ plan were enacted, the likely result would be a rapid increase in the unnecessary institutionalization of mentally ill individuals—and a negligible impact on criminal violence.”

https://reason.com/2023/10/30/desantis-wants-to-reduce-mass-shootings-by-locking-more-people-in-mental-hospitals/

The Supreme Court confronts its own failure in an appalling case about guns

Posted on November 22, 2023 by ajk1311@gmail.com

“The core question in Rahimi, in other words, is whether the Court will back away from its decision in Bruen, which has led to all kinds of disastrous results, including the Fifth Circuit’s decision holding that abusive husbands have a right to keep a weapon they could use to murder their wives.”

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“Bruen held that, in order to justify nearly any law regulating firearms, “the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.” This means that lawyers defending even the most widely accepted gun laws, such as the federal ban on gun possession by domestic abusers, must show that “analogous regulations” also existed and were accepted when the Constitution was framed — particularly if the law addresses “a general societal problem that has persisted since the 18th century.” If they cannot, the challenged gun law must be struck down.
This places an extraordinarily high burden on any lawyer defending a gun law. When the historical record is ambiguous or indeterminate, the government loses, and a gun law is effectively repealed by the courts. And lawyers defending gun laws face an especially heavy burden when they defend laws that seek to address a problem, like domestic abuse, that has existed for centuries.

Almost immediately, the Bruen decision sparked mass confusion in the federal courts. Judges have reached contradictory results in a multitude of post-Bruen challenges to gun laws. Courts applying Bruen have struck laws prohibiting guns in places of worship, requiring guns to have serial numbers that allow them to be tracked by law enforcement, and prohibiting underage ownership of guns — all claiming that these laws are inconsistent with “historical tradition.””

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“On the day Bruen was decided, Justice Stephen Breyer warned in a dissenting opinion that, by requiring judges to dive into often-vague and indeterminate historical records, Bruen “imposes a task on the lower courts that judges cannot easily accomplish.” “Courts are, after all, staffed by lawyers, not historians,” Breyer continued. And “legal experts typically have little experience answering contested historical questions or applying those answers to resolve contemporary problems.””

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“One fundamental problem with Bruen, as Judge Miller’s critique of the decision emphasizes, is that the six Republican-appointed justices who joined it appear to have no understanding of why changes in American society over the past 250 years make it difficult or impossible to draw meaningful analogies between modern gun laws and those that existed when the Constitution was written.”

https://www.vox.com/scotus/2023/10/24/23914235/supreme-court-domestic-violence-abusers-gun-policy-us-rahimi