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New Jersey Enacts 'Smart Gun' Law

rmohr02 writes "New Jersey has just enacted legislation that would require all handguns to be able to recognize their owners and only fire when their owners grip them. Gun manufacturers will be required to implement this within three years of the NJ Attorney General's approval of an acceptable, commercially available model. One critic says 'No technology is foolproof--anyone who has a computer knows how many times it crashes.' I'm sure fellow /.ers will have something to say about that. Also on Google News"

55 of 1,297 comments (clear)

  1. Hmmm. by FunkSoulBrother · · Score: 5, Funny

    If guns don't kill people, but people kill people, then wouldn't it follow that New Jersey should enact a "Smart People" law???

    1. Re:Hmmm. by suss · · Score: 3, Funny

      New Jersey should enact a "Smart People" law???

      They already have enough "wise guys" there... and they all own guns.

      So eh, ssssshhh... capiche?

    2. Re:Hmmm. by slipgun · · Score: 5, Informative


      So either we get rid of people, or we get rid of guns.


      Since the UK 'got rid of' handguns in 1996/7, violent crime rate has gone up by about 40%, and handgun crime has doubled.

      Legally owned guns are part of the solution to violent crime.

      --
      SpamNet - a spam blocker that really works
    3. Re:Hmmm. by Blkdeath · · Score: 3, Interesting
      Then I converted the weight into grains and fed that into the calculator here [firearmexpertwitness.com]. I got a result of 314102.56 Ft-Lbs. Convert that to joules and you get 425,865.873284 joules. Sigvigantly more than the 500 joules at the muzzle quoted for a 9mm hand gun shell.

      Going back to the 'hole' theory, however, tells me that this shell will create a rather significant hole in whatever area it hits. Supposing it hits the chest area (the broadest area of an animal, also the one with the most vital organs) it would potentialy create a hole large enough to put your arm clean through. The chance of such a shell NOT hitting a vital organ along its way is very, very slim.

      I have to say, though, that this is the first time I've ever heard mention of this "Hydrostatic Shock" theory, and I can easily see why; it's about as baseless as so many other pseudo-science ('wives tale') claims.

      Anybody who's taken even a basic biology course will understand that if an artery is clipped/severed/ruptured, the animal's heart is then literally pumping blood outside of thebody. When enough blood has escaped so as to decrease the blood pressure, and thus deprive vitaul organs of blood/oxygen, they will cease to function as expected. (Very non-medical description from a person who is not a doctor; consider it a nutshell ;) )

      What's next; a claim that bullets offset the balance of the four humours?

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    4. Re:Hmmm. by bluethundr · · Score: 3, Informative

      I know if *I* lived in NJ I would want to move elsewhere as soon as possible!

      You fail to mention however, what's so frikkin' terrific about where you live! And this comment gets modded up! I'm not a liberator, just a meta-moderator! ;)

      Any hare-brain can take a crack at the garden state. That's easy. It is the home to much industrial pollution, Frank Sinatra and Joe Piscopo. And it is the most populated state in the union which is why auto insurance is so overpriced and almost impossible to get; even if you have a perfect driving record, and even then it's no guarantee!

      But one thing to consider in the fact that NJ is the most poulated state in the US is how diverse its population is. It is also has a large population of extremely wealthy people (including Ex-Presidents and CEOs of multinational corporations) who would ostensibly have enough money to live anywhere they choose.

      People drive down the NJ Turnpike and think they have a sense of what the whole state is about. But if you venture out of Edison NJ you'd realize that NJ has some of the best beaches in the country. The ONLY state in US that has better beachesis Hawaii. I've been to many California beaches, including Newport Beach, Balboa and Dayna Point but I haven't found a single one that I would consider to be better than Long Beach Island.

      One thing to understand about NJ is that it is almost a miniature representation of the entire United States. The north is densely populated, industrial and with a diverse ethnic population. The south is primarily agricultural, rural and tourism oriented. NJ is in almost as important a farming state as anywhere in the midwest, and has a larger population (per capita) of horses than Montana!

      So you and all you ignorant ass moderators who modded this comment UP can put that THAT in your crack-pipes and smoke it!

      YO! COWBOY NEAL! WHERE THE FREAKIN' HELL ARE MY MODERATOR POINTS WHEN I NEED THEM!!!!

      --
      Quod scripsi, scripsi.
    5. Re:Hmmm. by schmaltz · · Score: 3, Informative

      violent crime rate has gone up by about 40%

      Yes, and about 50 people are killed a year in all UK in all gun deaths, whereas the US gun death rate recently "declined" to reach its 30 year low point of over 30,000 gun deaths per year. Scaled for population, the US has over 50 times the gun deaths per capita than the UK.

      The UK 'got rid of' hand guns a long time ago, not five years ago, don't know what you're basing that on. Might be an anmesty turn-in thing you read.

      So, yes, a society in which handguns are eliminated will have much lower gun death rates.

      --
      Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
    6. Re:Hmmm. by Aapje · · Score: 5, Insightful

      Since the UK 'got rid of' handguns in 1996/7, violent crime rate has gone up by about 40%, and handgun crime has doubled.

      I have looked into this a while back. The gun laws that were in effect before 1997 were quite strict already (even when compared to other European countries). The guns that were regulated have rarely been used in crimes because of this (there was one nasty incident in 1997 though, which caused the ban). Furthermore, the crime rates were already increasing.

      The way I see it, the 1997 ban only hurt hunters and sport shooters, while the number of illegal guns hasn't been reduced because of this ban. It's much easier to import guns from Eastern Europe, both before and after the ban.

      The only conclusion that you can draw from these facts is that banning strictly regulated guns doesn't have a substantial effect on crime rates. While gun nuts like to use this example as proof, the pre-1997 UK gun laws were infinitely more strict than the US gun laws, so they really don't tell us much about the current situation in the US. Unless you are willing to defend strict regulation with allowances for sport shooters and hunters, I suggest that you don't bother to use this example in a debate.

      --

      The Drowned and the Saved - Primo Levi
    7. Re:Hmmm. by Zeinfeld · · Score: 3, Funny
      Now, I'm not saying if they're right or wrong, but to their credit, there is more possibility of it being true in this case, then from say, small arms fire, since the weapon they're talking about fires 30mm depleted uranium shells, designed to kill fully armored tanks from the air.

      Thanks to those communist liberals in Congress you can't get weapons that fire 30mm uranium shells any more. Stupid laws like that are a real bitch for those of us who use that type of gun for *sport*.

      I mean forchrisakes how are you expected to hit a deer if its driving an armored vehicle?

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    8. Re:Hmmm. by Jeremy+Erwin · · Score: 3, Insightful

      Population of United Kingdom: 59,778,002
      Population of United States: 280,562,489 ( both estimates circa Jul 2002)

      OK. The US (of America) have a population that's approximately 4.7 times that of the UK. Now assuming that the death rate in the US due to handguns was proportional to that of the UK, less than 70 people would have died in the US, rather than the 25000 that actually were killed.

      But, you say, the differences can be attributed to different population densities... The UK has a staggering number of people crammed into a comparatively tiny group of islands. Unless you mean to imply that rural, sparsely populated areas are responsible for the bulk of gun related deaths, the statistic show that American residents kill more people with guns than do UK residents.

  2. Good idea by spiro_killglance · · Score: 3, Insightful

    If your going to allowed to carry guns, at least
    they should be made so someone else can't use them
    against you. I am sure some gun nuts here, are
    going to be against the idea, but i can't imagine
    a reason why. And yeah it probably won't be secure at first, and they'll be underground gangs rechiping the guns. But it makes it harder for criminals to get guns and that has to be good.

    1. Re:Good idea by pi_rules · · Score: 5, Insightful

      If your going to allowed to carry guns, at least
      they should be made so someone else can't use them
      against you.


      Agreed... but I would much rather prefer that my wife of one of my children are able to pick up a handgun I own to defend themselves in the event that I'm disabled... perhaps after being shot an an intruder.


      I am sure some gun nuts here, are
      going to be against the idea, but i can't imagine
      a reason why.


      See above for why.

      And yeah it probably won't be secure at first, and they'll be underground gangs rechiping the guns. But it makes it harder for criminals to get guns and that has to be good.


      Yep... all them law abiding criminals that buy guys legally will certainly be up shit creek without a paddle on this one. Thank goodness we're preventing law abiding citizens from buying a gun that will fire at the pull of a trigger. So what if the WinCE device in your pistol fails when you need it.

      Anti-gun advocates: The #1 reason any thinking human purchases a gun for is it's reliability. I do not want to put my life on the line when I need it to something that -may- fail based on my fingerprint. I'll take the risk of my own firearm being used against me. When I go to sleep at night the only unlocked firearm is the one sitting right next to my bed. That's the answer -- not fingerprint technology.

    2. Re:Good idea by Twirlip+of+the+Mists · · Score: 3, Interesting

      Trust me, if New Jersey legislators had been able to pass a worldwide law, they would have. But the New Jersey legislature only has jurisdiction over New Jersey, so they're doing the best they can.

      If N guns are manufactured in New Jersey in 2006, there will be N guns on the market that have this kind of safety gizmo built in, which is better than the status quo.

      And finally, this law has nothing at all to do with crime. It has to do with public safety. As a crime bill, this law will probably not do a very good job. As a safety bill, assuming the technology works, I imagine it'll be quite effective.

      --

      I write in my journal
    3. Re:Good idea by jmorris42 · · Score: 3, Insightful

      > oh, so since idiots can not watch their kids around
      > pools it is ok then to let kids die from hand gun accidents.

      In the end, yes. Because I wouldn't want to give our children a world that had been made completely 'child proof' when they grow up. I won't force them to pay that high a price tomorrow just so a few liberals can have their self esteem boosted today.

      You see, I'm totally consistent. I oppose COPA/CIPA/etc because they are all based on the idea that to 'protect the children' we must treat all adults like children. I oppose attempts to pass victim disarmament laws that use the 'for the children' pitch as well and for much the same reason.

      The world is NOT a safe place for children. It is the duty of parents to create an environment that is AS SAFE AS PRACTICAL for their children, but 100% is both unattainable and undesirable. It is also up to the parents to decide for themselves how best to raise their children. Personally I'd keep loaded weapons away from any child I didn't know for a fact was trained to either keep away from or properly use a weapon. But if I knew a 5yo had the proper respect for what a gun can do, I'd not think twice about leaving a pistol on the nightstand.

      --
      Democrat delenda est
    4. Re:Good idea by sql*kitten · · Score: 4, Insightful

      This is one of the problems with guns though. People in the house like children using them and getting hurt, or killing someone. Introduce a gun into your home, and you run this risk.

      Introduce bleach to your home and you run the risk that a child will drink it.

      Introduce stairs to your home and you run the risk that a child will fall down them.

      Introduce a kettle to your home and you run the risk that a child will scald themselves with boiling water.

      What's your point again? Could it be that responsible parents would keep their guns away from their kids, just like they do all the other dangerous stuff in their houses?

    5. Re:Good idea by micromoog · · Score: 4, Insightful
      Personally I'd keep loaded weapons away from any child I didn't know for a fact was trained to either keep away from or properly use a weapon. But if I knew a 5yo had the proper respect for what a gun can do, I'd not think twice about leaving a pistol on the nightstand.

      Have you ever had a serious conversation with a 5 year old? He will know it's "bad" to play with the gun, but he cannot understand "accidental death", "shattered families", etc.

      Kids do "bad" things sometimes, on purpose. That 5 year old will not be able to understand the consequences of his actions for a few years yet. My kids won't ever be playing at your house.

    6. Re:Good idea by Guppy06 · · Score: 3, Insightful

      "But if I knew a 5yo had the proper respect for what a gun can do, I'd not think twice about leaving a pistol on the nightstand."

      And how will that five-year-old learn that proper respect? Have you seen all the flak the NRA catches when they try to push their "Eddie Eagle" gun education program? People don't want children to be educated about guns because they don't want children to think it's OK to own one. And thus you're left with a Catch-22.

      And what is taught in this program? "Don't touch the gun, go tell an adult." It's not like they're being taken out for target practice.

    7. Re:Good idea by jmorris42 · · Score: 3

      It is you who has the mental problem. You sound like one of those panty waist liberals who have an irrational fear of firearms, usually because deep down you don't trust YOURSELF around them and project that onto others. A firearm is a tool, nothing more. The average household has many dangers for a child, many more dangerous and most far easier to get into for a curious kid. You teach kids to avoid matches and later how to safely use them. Don't play in the pool unless an adult/older kid is around. Don't mess with those chemicals in the garage, the stuff in the medicine cabinet and most certainly the stuff under the sink. Don't play in traffic. Don't talk to strangers. A cow can kill you without even meaning to, so be careful around them and don't startle them. And so on and so on.

      Lots of dangers in the world. Which is why you must both educate children and enforce boundaries. And as for guns, teach em at the earliest opportunity what guns are and how much damage they can do. Let em blast a watermelon. Teach them 1) assume all guns are loaded 2) never point one at anything you aren't sure you want dead and 3) touch one when they shouldn't and they will WISH they were dead. :)

      --
      Democrat delenda est
  3. interesting... by hagbard5235 · · Score: 4, Interesting

    I'm curious if when this legislation goes into effect if all new handguns issued to NJ police officers to contain this technology or if handguns for police have been exempted.

    1. Re:interesting... by stefanlasiewski · · Score: 5, Interesting

      Actually, I've always throught that US cops should had the gun attached to their belt by a cable, just like they do in many European and Asian countries.

      Drop your gun? Well, at least somebody can't pick it back up and shoot you. According to these guys, "10 percent of police who are shot are shot with their own guns".

      --
      "Can of worms? The can is open... the worms are everywhere."
  4. HERF guns vs. guns by evenprime · · Score: 3, Interesting

    I wonder if these things will be hardened against EMP attacks. If not, it would not matter if they used a transponder ring or fingerprint recognition; either way a powerful radio signal is all a criminal would need to disable all the guns in a home before breaking in.

    I'm especially interested in the transponder ring systems. I'm sure that hardware types will try cobbling together a universal ring...

    --

    "Weapons should be hardy rather than decorative" - Miyamoto Musashi
    I think that goes for OS's too
  5. What happens when you forget your smary ring by PaK_Phoenix · · Score: 5, Insightful

    Most of these type devices, that I have seen, involve a magnetic ring of some type. My only concern is what happens, when you take it off.

    Nightmare scenario, you fall asleep without your ring on, and awaken to the sound of a burgler, but forget your magic ring.

    Also the reliability of the device would have to be paramount, due to the device they will be installed upon. What happens when this breaks?

    Education is the key. I grew up around guns, as did others in my neighborhood. Even as children we knew how to operate, and maintain them.

    Responsible parents need to accept the liabilities associated with gun ownership, and lock up their firearms as appropriate, when there are children in the environment.

    p.s. on a related, but barely, topic if parents would start parenting, instead of letting the tv, and computer raise their children, this issue would be practically moot.

    --
    This space intentionally left blank.
    1. Re:What happens when you forget your smary ring by pi_rules · · Score: 4, Insightful


      Second: Why do people think it is necessary to have a gun in their home for defensive purposes? Do you intend to actually fire that gun at a potential burglar? You'll probably be sued for it, especially in the USA.


      1) Yes.

      2) I'd rather be judged by 12 than carried by 6.

    2. Re:What happens when you forget your smary ring by lennart78 · · Score: 4, Insightful

      Excuse my naivity, but where I live people don't go about shooting everyone in sight. If some burglar decides to break into my house, I will try to get him out, but if he draws a gun on me, he can take everything he likes, and I'll let my insurance company sort it out.

      You can mod me down for making a hippie-like statement, but a stereo, a TV and a PC can be replaced, even something like a guitar which has emotional value to me. My life, and that of my GF who lives with me is indefenitly more valuable.

    3. Re:What happens when you forget your smary ring by lennart78 · · Score: 3, Insightful

      Maybe your life will be more in danger when you threaten an armed man?

    4. Re:What happens when you forget your smary ring by Anonymous Coward · · Score: 3, Insightful

      and you have no idea how ruthless people can be...

      i personally would at least have a last stand defense.

      you are absolutely right about the television...sure i'd give away ALL of my possessions before taking a life.

      my things don't mean shit.

      but you are pretty damn naive, not to mention self centered.

      you are obviously not female otherwise you would be aware that possesions are not the only thing that interests criminals. (otherwise you'd be aware of the absolutely amazing statics of violence against woman)

      i for one, want a choice.

      if that means sitting in the tub with the bathroom door locked and yelling out "take anything you want, and just leave", with a loaded 45 in my hand...then i prefer that.

      somebody who breaks into your house is coming in EXPECTING you to be armed or provide problems...they WILL come prepared.

      if they catch you totally defenseless, just a little passive thing...you are toast.

      they can fuck you up, take your shit, then kill you. i know...i've been a victim.

      you should be modded into the ground.

      you obviously have never been robbed at gun/knife point..or a women that has been threatened with physical violence.

      this world is about violence...and will continue to be. look at any place on the planet and any time period.

      oh but never mind...you stay in your little bubble.

      fuck off

    5. Re:What happens when you forget your smary ring by standards · · Score: 3, Insightful

      True.

      On the whole, the USA is a much more violent than any other industrialized country. The statistics are very clear.

      And therefore, people have developed real fears. Hense the desire and willingness to own and wield guns.

      If a (single) burglar enters my home, I have two resonable choices: run or shoot.

      Being not that stupid, I'd first try to run away... I'm not looking for trouble. But if I'm threatened with bodily harm, and I have no other reasonable choice, than I'll shoot.

    6. Re:What happens when you forget your smary ring by kaybee · · Score: 3, Insightful
      you are absolutely right about the television...sure i'd give away ALL of my possessions before taking a life.

      You are much more forgiving than I am. If you break into my house, you have forfeited your life to me. I will have my gun on you as soon as I can. If you do exactly what I say you will live until the cops get here. If you spook me or make a move or don't listen, you are dead.

      If somebody breaks into my house, I'm not going to sit around and wait to see if they want to just steal some stuff, rape my wife, kill both of us, or just cook himself some macaroni and cheese.

      I will not shoot right away, unless the intruder has a weapon visible.

  6. A: dead kids by feed_me_cereal · · Score: 3, Insightful

    and the solution to THAT is responsible, diligent parenting

    You mean a solution, not the solution. It seems that this technology would also be a solution, and given the percentage of brain-dead parents there are out there who own guns in reach of children, I think this solution will be much easier to implement than a "no brain-dead parents" law, however you might word that. And given the importance of not having holes in the heads of kids, and the frequency in which these accidents occur (much more than any other gun-related death), I think this is a very prudent decision.

    --
    "Question with boldness even the existence of a god." - Thomas Jefferson
    1. Re:A: dead kids by thelexx · · Score: 4, Informative

      If the common man were to no longer be able to defend himself with a firearm, the number of innocent victims of violent crimes each year would far exceed the current sum of children either injured or killed by them. It's not worth it, hard as that may be to swallow. Just look at Australia and how their crime stats responded when their guns were taken. Here's a few choice quotes from an Associated Press article about it:

      Robbery with a firearm increased nearly 60 per cent over the previous financial year.
      South Australian Police Annual Report - tabled in State Parliament 27/10/98

      Murders by firearms have actually increased (in Victoria) since the buyback scheme which removed 225,000 registered and un-registered firearms from circuation. There were 18 shooting murders in 1996-97 after the buyback scheme had been introduced compared with only six in 1995-96 before the scheme started.
      "Killing rise in gun hunt" - Herald Sun - Melbourne 23/12/98

      According to ABS figures, the number of people robbed at gunpoint in NSW rose from 827 in 1996 to 1252 in 1997.
      Sunday Telegraph - Sydney - 14/3/98 302

      The number of Victorians murdered with firearms has almost trebled since the introduction of tighter gun laws.
      Geelong Advertiser - Victoria 11/9/97 506

      --
      "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
  7. Guns won't "crash" by saskboy · · Score: 3, Interesting

    "One critic says 'No technology is foolproof--anyone who has a computer knows how many times it crashes.' "

    That is utter foolishness. A gun will not have an OS, it will be hard coded. My microwave doesn't 'crash' and I don't think my gun would either.

    The more serious concern is how easy it would be to fool the gun. I can fool my microwave pretty easily, so I'd expect the same from a gun.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
    1. Re:Guns won't "crash" by pi_rules · · Score: 3, Insightful

      That is utter foolishness. A gun will not have an OS, it will be hard coded. My microwave doesn't 'crash' and I don't think my gun would either.

      a) I bet you don't own a gun -- so this whole thing seems foolish to you.

      b) Ever tried sticking your hand in a palm scanner? Took me 5 minutes my first time to get it right... and that security guard sure got annoyed having to let me out of that locked bubble chamber while I figured it out.

  8. Gun restrictions AND tech-naivety! by tgrotvedt · · Score: 4, Funny
    Looks like their trying to piss off ESR two-fold!

    Watch out, he might start writing essays again!!

    :)

    --
    What makes a man want to be a mouse? (Python's Flying Circus)
  9. Good idea, but... by asteinberg · · Score: 3, Interesting
    ...there are definitely a few things we should be concerned about.
    1. Will it be possible to "unencode" the gun? Specifically, if a person decided to resell their gun, obviously it would not make sense to let them resell it privately (since that would defeat the purpose of this capability), but they should be able to resell it to a licensed gun dealer, who could then in turn either send it back to the manufacturer or use a special tool to unencode it.
    2. Will bullets fired from these guns be traceable to the owner of the gun, and if so, will evidence along those lines be useable in court? It seems kind of like a lie detector-type situation (or, if you prefer, a "Gattacca"- or "Minority Resport"-type situation). If somehow someone figured out how to fire someone else's gun, and the bullet were traced back to the gun, then, because of this technology, a jury might be inclined to assume that there is only one possible person who could have fired it, when in fact there could theoretically have been someone else. They should be very explicit in describing how this can and cannot be used in court.
    In general, though, this seems like a pretty solid idea that would be useful even if not 100% effective. If something malfunctioned and the rightful owner was not able to fire the gun, then they could take it back to the store and replace it, while alternatively if it malfunctioned and someone else was able to fire the gun, well then even in this worst-case scenario it would be no worse than it is now. I think, as long as they're careful about the two aforementioned issues, I can be proud of my home state (not that I shouldn't already be proud of it), and hopefully not have to hear too many New Jersey jokes as a result of this.
    --
    The first ever Ultimate Frisbee video game: here (now
    1. Re:Good idea, but... by pi_rules · · Score: 3, Insightful

      In general, though, this seems like a pretty solid idea that would be useful even if not 100% effective. If something malfunctioned and the rightful owner was not able to fire the gun, then they could take it back to the store and replace it,

      Yeah.. unless they were dead. That sorta puts a crimp your argument though I suppose.

  10. I somtimes shoot with gloves by codepunk · · Score: 4, Insightful

    I am from the midwest and we hunt deer with handguns. Thank god we don't have stupid legislators in our state. Some days I hunt with gloves on, especially when it is cold as a witches titty. There are othe days when the temps are nice and I don't wear the gloves. Are the sensors going to adjust to those factors? Something tells me the technology does not exist to implement this in a reasonable way.

    --


    Got Code?
  11. Constitution does not say you can own a gun. by fmaxwell · · Score: 3, Informative
    The Second Amendment does not guarantee an individual's right to gun ownership. The Supreme Court has consistently ruled that the Second Amendment does not extend the right to keep and bear arms to individuals, but to the well-regulated militias mentioned in the first part of the amendment. Specifically, these are militias that are regulated by the federal and state governments. Article I, Section 8 authorizes Congress:
    "To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of officers, and the authority of training the militia according to the discipline prescribed by Congress."

    In 1886, the Supreme Court ruled in Presser vs. Illinois that the Second Amendment only prevents the federal government from interfering with a state's ability to maintain a militia, and does nothing to limit the states' ability to regulate firearms. Which means that states can regulate, control and even ban firearms if they so desire!

    In 1939, the Supreme Court addressed this issue in United States vs. Miller. The Court refused to strike down a law prohibiting interstate sales of sawed-off shotguns on the basis of the Second Amendment. Rejecting the argument that the shotgun had "some reasonable relationship to the preservation or efficiency of a well-regulated militia," the Court held that the Second Amendment "must be interpreted and applied" only in the context of safeguarding the continuation and effectiveness of the state militias.

    Since then, both the Supreme and lesser courts have consistently interpreted the right to bear arms as a state's right, not an individual's right. At times the courts have even expressed exasperation with some gun advocates' misinterpretation of the Second Amendment:

    In the 1976 case of United States v. Warin, the Sixth Circuit Court of Appeals upheld the conviction of an illegal gun-owner who argued that his Second Amendment rights had been violated. In pointed language, the court wrote: "It would unduly extend this opinion to attempt to deal with every argument made by defendant...all of which are based on the erroneous supposition that the Second Amendment is concerned with the rights of individuals rather than those of the states."

    If the Constitution guaranteed an individual's right to unregulated gun ownership, the NRA would be challenging laws like this one and The Brady Bill in the Supreme Court. That is not happening because the NRA knows that they would lose any such challenge. That's why they spend their time and money lobbying (threatening, rewarding, and bribing) Congress to limit gun legislation. If you want to make claims about the Constitution, do some case law research before you do.
    1. Re:Constitution does not say you can own a gun. by fmaxwell · · Score: 3, Interesting

      It's all about interptretation.

      That's why we have the Supreme Court, so that we will have some of the finest legal minds making the interpretation.

      As far as the Supreme Court is concerned I think it is full of shit.

      It's not "the" Supreme Court in the sense of one group of Justices. I cited rulings that strethed over a 90 year period and all of those Justices ruled against the concept of the Second Amendment guaranteeing individual gun ownership rights.

      Personally I say it is an individual right along with the rest of the rights provided by the U.S. Constitution.

      Learned legal scholars and Supreme Court Justices disagree. What is your background and what law degrees do you hold?

      They are creating law instead of making sure it is Constitutional these days.

      So, do you include 1886, 1939, and 1976 as "these days"? Because those are the dates of the rulings that I cited. I find it hard to view 115-plus years ago as "these days."

    2. Re:Constitution does not say you can own a gun. by pongo000 · · Score: 5, Informative

      Constitution does not say you can own a gun.

      Neither does the Constitution itself bless the right to own a firearm. You commit a common fallacy in believing the Constitution must specifically grant an individual a right before said individual can exercise that right. Nothing can be further from the truth. Check out Cruikshank v. US (1876).

      The Second Amendment does not guarantee an individual's right to gun ownership.

      I alwasy find it interesting when the anti-freedom people spew their half-assed, poorly-researched drivel as if they were actually knowledgeable on the subject. The fact that this parent was modded up to a 5 show the general ignorance in this country when it comes to constitutional rights.

      In your haste to make yourself look like an ignoramus, you failed to mention US v. Verdugo-Urquidez (1990), in which the Supreme Court clearly indicated that the Second Amendment protects the right of the people, not some imagined "militia" under the guise of government.

      Lower courts have been divided on the Second Amendment, but the Supreme Court has consistently recognized the right to arms as an individual right in every Second Amendment case they've heard.

      Finally, don't you think it kind of strange that every amendment in the Bill of Rights refers to an individual right? The courts rightly recognize that the Bill of Rights, in its entirety, addresses the rights of individuals, not the rights of governments (or their militias).

      If you are going to spew propaganda, the least you can do is check your facts first.

  12. vs 'Privacy' by Lord+Bitman · · Score: 4, Interesting

    "The gun is set to only fire from the hand of Mr. Thompson, the bullistics match this gun, the gun was registered under the name of Mr. Thompson, A partial of Mr. Thomspon's fingerprint was found on the gun, The is NO other logical conclusion that could possibly be made!"

    The real reason for this law, of course, is to slip in yet another provision for the purpose of making guns useless. Once they're completely useless for any practical purpose, there will be much less resistance to any law banning guns altogether- "Well, I do think I should have the right to protect myself, but then it's not like I'd be able to fire a gun in time anyway. I won't bother contacting my representative." Already any killing can be ruled premeditated murder based only on the gun used being kept loaded and in a place where you could get at it if you need it. There have been laws proposed and passed requiring "gun locks" to be placed over triggers so that you need a key to use the gun. I'm sorry, but the self defence rule of reaching for your keys when you're being attacked should only apply when you aren't carying a gun.
    There will always be people who are pro-gun and people who are anti-gun. I dont think there's a need to go for the cliche "If guns are outlawed..", just remember that if your potential attacker doesnt think you can get your gun to fire before he can get your arms behind you, he is a lot more likely to act. The other guy doesnt need to have a gun if yours doesnt work.
    Guns are made not to protect, but to kill. I hated walking through school and seeing guns every day. It isnt thinking that someone else could grab that gun and use it, I hate it no matter who is holding the gun.
    So yeah, I'm a moron, I guess. I want citizens to be able to protect themselves [read: kill the other guy] with a gun, but I dont want police walking the streets with them. Stupid dream, aint it?
    Many people may consider this a step in the right direction: It's not gun restricting it's gun control, literally! This is what we've really been asking for the whole time, right?
    The dream is to have complete control over the gun- exactly when and how it can be used. Know that the law's idea of when and how a gun should be used is NOT your own belief. If you are against guns, you want more restrictions, if you are for them, you want less. If you're the one holding the gun, you don't give half a shit either way, 'cause all that shit you're saving up for yourself. Some situation has placed a gun in your hands, and all you can care about is using it in the way that situation demands. If it means you're about to shoot someone the law would deem innocent, you do not respect the law. Dont begin to lie saying that you wouldnt want the option. You have the gun, he's in front of you, and the last thing on your mind should be "God, I hope this thing actually fires", even less "Shit! What was my keycode?!" [note to whoever is going to reply 'you say last and then even less, that is impossible': I know that, sometimes words are written to be impossible in order to express an eggageration.]
    Whenever you are going to shoot a person, your desired action is not within the limits of the law. Remember this when considering how much control the law should have over your guns.

    As I said last time I posted like this, my facts are probably not, and in general what I said could probably be viewed as entirely innaccurate. The point of this message is not to promote accuracy, but thought and discussion. Whether the thoughts or discussions it promotes are intelligent or not is entirely up to the reader. That said, it should be obvious that simply calling me an idiot or pointing out innacuracies is rather pointless, as anyone who has gotten to your post has probably made their way through mine, and so would know such things already.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  13. The law of unintended consequences in action by browser_war_pow · · Score: 3, Insightful

    #1-Police. What happens if a cop's partner is disabled and he has the only remaining ammo between them. Is the other cop supposed to say, "hey mr. nice criminal, let me pop this clip into my gun so I can kill you?"

    #2-Families where the kids can handle a firearm. I could handle (admittedly not perfectly by any stretch of the imagination) a 9mm at an early age, around 9-10 or so. I'm sick of the anti-gun nuts who say such rubbish as kids can't use guns effectively and responsibly. And so what if they can't in such a situation? It's better that the kid die trying than die a totally defenseless victim. Oh and, in close range... you don't have to be that good of a shot.

    #3-What happens if the gun gets damaged and can't recognize its owner? Oh sheot, that's right. The gun ain't worth a damn now.

    Here's the deal, we don't need gun control and here's why. If the crime is heinous, lock the perp up and punish them properly. Once they get out, they've paid their debt to society and give them their rights back. Anyone who disagrees is a fascistic prick whose "pro-freedom" views on any other issue are meaningless.

    Your 2nd amendment right, not your right to vote, is what ultimately keeps the government in line. I'm amazed at how many people know jack shit about guns and then spout off anti-gun ownership rhetoric. A 30.06 is a much more powerful weapon than a M16 or AK-47. A M1 Carbine is even better. Both are now weapons civilians can own IIRC without any special permits. A M1 Carbine is an order of magnitude deadlier in the hands of a skilled fighter than a M16 because its shots are more powerful and accurate than a M16. You damn well better believe that a crowd carrying shotguns, 30.06s and the like would be taken VERY seriously by the government.

    So let me ask this, are you people who believe in gun control stupid or just lack any desire to have a free country? How many totalitarian regimes that rose to power by disarming their populations does it take? Do we need to draw you guys diagrams showing these things point-by-point? I'm being serious here. You have no right to tell me that I can't own a 9mm because it makes you uncomfortable. Nor do you have a right to tell the local Klan or BPP thug to shut up because what he's saying is making you feel uncomfortable.

    Maybe you people need to take remedial English because the last time I read the 2nd amendment it said, "The right to keep and bear arms shall not be infringed." You people seem hung up over a GD prepositional phrase. A well-regulated militia means a well-organized militia, not one whose ability to stay armed is being lynched with bureacratic red tape. It is the same thing as "Congress shall pass no law INSERT_ISSUE." What part of that is so hard to understand? And if you have any concerns about state gun control, may I suggest you read the 14th amendment which was partly ratified so blacks in the post-Civil War south could legally own firearms. At that time most southern states prohibited blacks from owning guns. Jim Crow, the first major gun control advocate in this country.

  14. As a member of the NRA and the LP, living in NJ... by BadlandZ · · Score: 5, Insightful
    This law makes me want to cry. This is as bad as the "drug dealers licence" that California passed in the 80's to make selling drugs to kids MORE illegal. Selling drugs was illegal already, and they passed a "feel good" law to require drug dealers to have a licence to sell drugs hoping to tack more years to their jail sentence.

    If you ask me, we need LESS laws, not MORE. We need to clear the courts from the stupid lawsuit and patent law CRAP, and free up court and prison space for the real criminals.

    If you kill someone, you KILLED THEM, and you should get life in prison, or death. Not X years for killing them, X more for doing it with a gun, X more because your motive was racial. Look, I don't care if you killed a black or white or yellow or red person, you killed them, go to jail I don't care if he was Christian, Jew, Hindu, or what, you killed them. Your telling me an EXTRA law that makes it a race crime, a religious crime, makes the system better? By making MORE laws like that, you just dilute the system. Crime is crime, simple is simple. Kill, go to jail. Black man kills black man, less jail time because it wasn't a hate crime? Should we really say "white guy killed white guy, not racial, not religious, less of a sentence?" He was killed with a gun, not a knife, the criminal should do 105 years instead of 150 years?

    All I can say is, it's just another step in the long and relentless process for the United States of America to drift into the New World order. I am going to rant, long and hard, prepare. This is a step to a socialist society, where we see "Democracy" become something that is nothing more than "Mob Rule" with a slight bit of organization.

    Look, it's a feel good law, we all know that. The science and the technology are not presently available to comply with this law. This law requires all guns to "recognize they are in the hands of their owner" before they are able to fire, WHEN that technology becomes a reality. Let's be realistic, some lame as money grubbing company will come up with some half ass way to almost make this happen, because they want to monopolize the gun market in NJ. But, they will fail because no one buys guns in NJ anyway, because of the existing legislation. And it's just an exercise in "can we do it."

    Now, don't get me wrong, if I wanted to own a firearm, and I knew I could get a high-tech one that wouldn't allow anyone to fire it except me, that would be cool. I would get one like that, if I wanted one at all, to be sure that I could defend myself and the invader of my home couldn't disarm me and shoot me with my own gun.

    But, that's not what this law is about. This law is yet another measure of the Sarah Brady group to make guns harder to own. And, being a Libertarian, I have respect for other people's beliefs. However, I love my country, and I love my country because it is the country that is founded on individual freedoms.

    If you were to tell me that there was a country in the world that would allow you to do anything you wanted, provided you did not bring harm to anyone else, I would respect that country as well. However, the USA is as close as we have now. Capitalist (work hard and earn a lot). Intelligence, perseverance, planning, and hard work should pay off. And people should be allowed to do what ever, worship whatever they want, think whatever they want, self destructive or not, risky or not, SOMEWHERE in the world. That is why the USA was founded.

    The USA is becoming Socialist under pressure of the rest of the world. If you don't like it, you have a lot of other countries in the world to go to that believe what you do, we don't stop you from leaving. Yet every day people are willing to die (look at the boat people, the central Americans, the middle eastern people that are not the "popular" religion" in their country). People come here because of the freedom.

    We are soo willing to give away our freedom to make "Soccer Moms" who are the minority, feel better.

    I'll tell you what, give me the hard working, open minded, freedom loving, socialist, people from around the world who are NOT Christian like me ANYDAY over the bible thumping Southern Baptist Soccer Moms who want "smart guns" any day!

  15. FBI: % cops killed by own gun by MacAndrew · · Score: 4, Informative

    It is such a drag to find stats, and many sites don't provide attribution for them! For all one knows, the numbers are gossip.

    According to the FBI, 46 of 594 officers slain feloniously 1992-2001 were killed by their own weapon. Another 49 were killed by weapons other than firearms.

    FBI Uniform Crime Reports -- I pulled the pdf for "# Law Enforcement Officers Killed and Assaulted" for 2001, see Table 5.

    Even 46 dead officers is too many. It would be helpful to have "wounded with own gun" or "3rd party shot with officer's gun" or "gun stolen and later used in crime" statistics, plus the cost and reliability of the gun modifications, before making an assessment. Oh yes, we should ask the cops what they think!

    As for cables, sounds like a cheaper way to address this. I wonder about the cons.

    There are also occasional surprise disarmings and discharge. Read that one! The magnet is very powerful, but I'm a little skeptical of the "molecular structure" reasoning in the article. I used to be an MRI tech -- what a horrible safety failure. These events can end less humorously, as with a boy killed by an oxygen bottle in New York about a year ago.

  16. teach them about it by ArchieBunker · · Score: 5, Insightful

    Don't just say no don't touch it. Explain to them it could blow their head off if they don't handle it properly. My parents did that with me and somehow I resisted the urge to play with a .357 in their closet. Teach them to respect guns and not fear them. That same logic goes for anything dangerous; animals, power tools, weapons, fireworks, you name it. Respect, not fear.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
    1. Re:teach them about it by Fig,+formerly+A.C. · · Score: 3, Insightful
      That just proves that Darwin was right.

      You might have been too stupid to follow simple "don't touch" directions, but that doesn't mean everyone else is that dumb. I certainly had no trouble with it.

      How did your parents get you to stop playing in the street? Do you still stick metal objects in power outlets?

      Properly parented kids are smarter than you think.

      --
      Murphy was an optimist.
  17. Smart guns? by kitzilla · · Score: 4, Funny

    Ah...smart guns. Now if they can only do the same for their owners.

    --
    This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
  18. Weapon Retention by The+Tyro · · Score: 5, Interesting

    This is a training problem... one you will have a hard time fixing with technology.

    As a former firearms instructor, I can tell you that retention is tough. If you are fighting for your gun, it's real, no-shit, do-or-die time, and you had better win. I'm not going to discuss specifics in this forum. Even though I have hard time imagining some slashgeek going for a cop's gun, there's probably a few here who are crazy enough, and I'm not going to give anyone any sort of tactical edge.

    The reasons police officers get killed with their own guns are many, and often simply come down to bad tactics. That said, I would NEVER trust one of these smart-gun gadgets for a duty weapon.

    This is the same philosophy behind the "New York Trigger" that many police officers are required to have on their handguns. Instead of better "trigger control" during training, you get one of these heavy triggers. The trigger pull weight on a New York Trigger is about 12+ pounds, and was put in place to prevent accidental shootings, ostensibly because such a hard trigger pull is difficult to accomplish "by accident." Unfortunately, it causes accuracy to suffer (perhaps increasing bystanders getting hit by stray rounds?), and makes the guns unusable for some smaller-framed officers. Again, a misguided technology fix for a training problem.

    I think this is just grandstanding by some NJ politicians. It's almost funny to see them mandate something that doesn't even exist. Unfortunately, this will impact regular gun owners disproportionately, and have little effect on crime guns.

    --
    Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
  19. smart guns, dumb people by stinky+wizzleteats · · Score: 5, Interesting

    I see that this story has unleashed the obligatory pissing match between those who believe that the /. idea of freedom - freedom of information - goes hand in hand with the freedom to be armed, and those who believe that the idea of personal armament is an outdated and dangerous concept in modern society.

    On Friday night, a good friend, colleague, and fellow slashdotter defended his household and family from intruders with a 12 gauge Mossberg shotgun. He stopped the robbery and scared the suspects off. The police caught them a short while later. No one was hurt. In reflecting upon this event, he and I look at the issue of gun control, and indeed the entire issue of gun culture, with a degree of clarity previously unachieved.

    He, like many in our generation, is a reluctant gun owner. We've been bombarded with social engineering that seeks to cast gun ownership in a bizarre, almost psychotic light, which has created, in my opinion, a sort of cultural "gun guilt". Despite this, he recognized about a year ago that he needed a weapon for personal protection, and asked for my advice in selecting it.

    I was raised around guns. I was taught to shoot at a very early age, and participated in official tournaments when I was 13. I own several weapons, including a shotgun and what some like to consider an "assault rifle". I've never been in doubt with regard to the necessity for weapons ownership in a free society, but even I have been affected by the discomfort weapons owners are subjected to in our culture these days. Before this recent event, I might even be known not to have a "ready weapon" for use in a home defense situation.

    I was therefore his "gun nut friend", and took him to the range to learn to shoot safely and effectively. While fully capable of using it, and with a confident, demonstrated, and consistent application of gun safety practices, he never felt comfortable as a gun owner for precisely the same reason so many around here chime in gleefully when something as ridiculous as smart guns gets proposed. (Are you prepared to stake your life on the speed and accuracy of modern biometric identification?) He, and indeed I as well, are victims of the great lie of the modern American anti-gun culture, and it could have cost him his life.

    So before you chime in on this one, and run with the crowd of those who believe guns are vehicles of evil and that those who own and use them are psychotic redneck madmen seeking only to kill schoolchildren, take a second to question your views, what cultural influences formed those views, and the possible agenda of those who exterted those influences. Your life may one day depend on it.

  20. Re:vs the USA by Lord+Bitman · · Score: 3, Insightful

    yes, that littl factoid about the 2nd ammendment is something that far too few people realize. The whole system of government was designed not only to not need to be overthrown, but to be over-throwable by the people in case the first part didnt work. I really wish more people understood that. There might be much less voter apathy if people knew what voting was for. The whole communist scare was obviously innitiated by people who realized this. If more people voted, there wouldnt be cause for concern that a communist party existed. Voting and keeping in touch with your representative is really the only thing to prevent the country from being quite legally overthrown every two years.

    It's those damned chinese! ;)

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  21. Re:Key is the use of "commercially available" by silentbozo · · Score: 3, Insightful

    There aren't that many handgun makers out there, and they tend to stick together.

    There aren't as many shooters anymore, and they tend to stick together as well. Look at what happened to the old Smith and Wesson (now under new management and trying to clear the S&W name) when they tried to cut a preferential deal with the Clinton administration. Everybody boycotted their guns, and they went under.

    The only mainstream manufacturer I know of that is looking into smart gun tech is Colt, and that's because they're more or less abandoning the civilian market in favor of strict military/law enforcement. For those markets, smart gun tech sort of makes sense, especially if they can land a big contract.

  22. Bad idea by thelexx · · Score: 4, Insightful

    This will do nothing but create a black market in cracking/disabling the protection on guns and get innocent women and children killed. And it raises many questions about implementation. Will only _one_ person be able to fire a given gun? How does one change ownership? Add/remove 'users'? Guess I can forget firing my buddies gun at the range, let alone a friendly strangers.

    From the article:
    "There are safety regulations on cars, on toys. It's clearly time we have safety regulations on handguns," McGreevey said at the signing ceremony.

    I'm pretty sure that I could kill someone with any car and most kids toys available on the market. I seem to recall a guy named David taking out a giant with nothing but a slingshot, the ancient precursor of the gun. What no regulation can control is intent. If someone intends to do me harm I want to be able to protect myself, or at least have a chance to, like David did. Not being Ahnold, a gun gives me that. Why do people consider it nuts to desire to use the most effective means of self-defense available (next to common sense)? I consider it nuts not to.

    --
    "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
  23. Crime problem solved. by Prof.Phreak · · Score: 3, Interesting

    A gun is such a simple contraption that it's unimaginable that someone won't make or modify an existing one that won't be protected. It might help in officers being hurt when their gun refuses to fire in an emergency, but it certainly won't stop the criminals from using guns.

    Not to mention that there are so many guns out there right now.

    A better strategy would be to somehow chemically taint the gun powder to make it identifiable. Whenever you buy bullets (or plain gun powder), that gun powder is forever linked to you. If it ever shows up anywhere, you're busted. Also make it 100 times more expensive than it is now. Crime problem solved. Nobody can afford the bullets (at say $100 a piece), and when they do use them, they're 100% traceable to the buyer. If all bullets sold implement this feature, then in 10-20 years, nobody will have "old" untraceable bullets.

    Now, I seriously doubt anyone is nuts enough to make their own gun powder from scratch...

    --

    "If anything can go wrong, it will." - Murphy

    1. Re:Crime problem solved. by RembrandtX · · Score: 3, Informative

      What about folks who have bullet forms in their basement :(

      I target shoot as a hobby [something my dad, a retired police officer started me doing at 14]
      and I press my own ammo, more due to cost than anything.

      you can't put the genie back into the bottle :(

      --

      --Ne auderis delere orbem rigidum meum, non erravi pernicose!
  24. The Point by ZeLonewolf · · Score: 4, Interesting


    I think "the point" of this law is not so criminals can't get their hands on guns...because I'm sure it would be trivial to take your gun to a shop (or someone's basement) and have it "re-fitted" to you. I believe that "the point" here is to prevent children from getting their hands on guns, which I would consider a noble cause.

    --
    "If at first you don't succeed, lower your standards."
  25. Yes it does! by dcavanaugh · · Score: 5, Informative

    The people who say the second ammendment does not authorize private ownership of fireamrs usually base their argument on case law, instead of the precise text in the Bill of Rights.

    "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

    Aside from the catch-all nature of the 10th ammendment, the entire Bill of Rights concerns the rights of the people. Not states, not the Federal government, the people. Courts may have attempted to substitute various government entities as surrogates for the people, but that's really just wishful thinking that the ammendment isn't really written as we all know it is.

    Why would the government need to grant itself the right to bear arms? Why would the states need such authorization? The word "militia" is what it is, not a "state militia" or "municipal militia", just "militia" as in the original revolutionary "bring your own weapon" variety. If the intended benficiary of the 2nd ammendment was the Federal Government or the states, why aren't they mentioned? If the 2nd ammendment grants "the right to keep and bear arms" to someone other than the people, why doesn't it specify who that might be? How is it that ammedments 1 and 3-10 deal with rights of the people, except for ammendment 2, which somehow applies to an unnamed government entity, even though it specifically says the people?

    The people who wrote the Constitution had a great deal of experience with an out-of-touch, nonresponsive, non-represtentative government (England). The militia was the organization that would form out of necessity in order to remain as a "free state". The concept was left vague, so that the militia could form and deal with whatever threat might be at hand. Today's Federal Government is too proud to admit that it may someday become the problem that a militia was intended to solve.

    Reasonable people might argue that an armed population causes a bigger problem than it solves. Those who say we don't need a militia or privately owned weapons are free to make that argument and they can attempt to carry that argument to its logical conclusion: repeal of the 2nd ammendment. Twisting its interpretation into obscurity merely invites other special interests to use similar techniques on the parts of the Bill of Rights that we still care about.

  26. Re:DOH! by saskboy · · Score: 3, Insightful

    Why thank you.

    Freud was quite intellectual wasn't he? He had insight into the human condition that revolutionized modern psychology.

    However, I don't think he ever determined what makes someone think that a gun kills someone deader than a cut throat or bashed temple does.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.