A gun rights group sued New Mexico Gov. Michelle Lujan Grisham (D) and other state officials on Saturday over an emergency order banning firearms from being carried in public in Albuquerque.

The National Association for Gun Rights, alongside Albuquerque resident Foster Haines, filed suit just one day after Grisham announced the public health order temporarily suspending concealed and open carry laws in the city.

The group argued that the order violates their Second Amendment rights, pointing to the Supreme Court’s decision last year in New York State Rifle & Pistol Association v. Bruen.

  • TransplantedSconie@lemm.ee
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    1 year ago

    Why can’t they? Dodge City, back in the 1880s, had an ordinance declaring you had to check your guns when you went into town. Even then, they knew guns and idiots grouped together don’t mix. Especially when drinking. But this is an illegitimate Supreme Court it will get to. With a guy who is on the take, a guy who believes a witch trial judge’s ruling(when America didn’t even exist) has bearing on Abortion rights today, a Christian cult member who probably gets her instructions from her husband on how to rule, a guy who stuffed drugs up his ass and raped a woman who then had debts mysterious wiped clean, and a guy who sees all this shit and says it’s OK and that we have no more racism in existence today so we gutted the civil rights act.

    Vote out Republicans, people. It’s the only way out of this mess.

          • halferect@lemmy.world
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            I live in New Mexico and this governor is well liked and has made many substantive achievements. This is her playing the republican playbook of passing laws they know will eventually get shot down. Look at abbot or desantis half the laws they pass are in court because they are unconstitutional but until the court rules the laws stay in place. New Mexico has been democrat run for at least 90 years so this won’t make her look bad to anyone in the state except republicans.

      • Neato@kbin.social
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        I believe the above is referencing a law that required the owner to surrender guns. Not a checkpoint. Therefore if someone was caught with firearms in the city without permission by the sheriff they were known to be breaking the law. Pretty much the same as is happening now: if you see someone with a gun in Albuquerque, they are a criminal.

      • TransplantedSconie@lemm.ee
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        Then make it a fine punishable by 10% of your yearly income. Sure, you can carry a gun in the town, but if they catch you with it, you’re gonna pay a stiff penalty.

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            That’s literally what they did in Tombstone.

            The fine was $25 dollars in 1870. In 2023 that’s the equivalent of $583.38.

            Yep. I’m the stupid one alright.

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                5% of their yearly income. That is still huge. I make 100k and a 5% fine would be $5,000.

                No thanks. That would definitely make me keep my pistola home.

                Have a good day. You seem to be upset about something, what with all the insults and whatnot you keep throwing out. Go smoke a joint or rub one out. Peace out.

    • ThrowThrowThrewaway7@lemm.ee
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      The problem is that “Public Safety” is an arbitrary metric. A Governor can’t strip citizens of Constitutional rights under the guise of some perceived “Public Safety” concern. It’s a complete violation of the Constitution.

      Put simply: this is a horrible look for Democrats. Especially for a party that compared Trump to Hitler 24/7. This is what actual tyranny looks like. A single leader unilaterally stripping away rights from their citizens due to a self-declared “emergency”.

        • ThrowThrowThrewaway7@lemm.ee
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          Neither are abortion rates. You’d support a governors ability to end all abortion in a state under a public health emergency?

          • poshKibosh@sh.itjust.works
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            1 year ago

            Classic whatabout-ism:

            • “I think we need a solution to an issue”
            • “What about this completely different issue that has absolutely nothing to do with what you just said? Checkmate idiot”
          • CeeBee@lemmy.world
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            The problem with the term “abortion” and banning it is that an “abortion” is an umbrella term for many things.

            When a woman has an ectopic pregnancy (embryo is forming in the fallopian tube, baby cannot develop and it will kill the mother) the “fix” is called an abortion. There is no scenario where the embryo can mature (they *need" to be attached to the uterine wall) and it would 100% kill the mother.

            Another one is an incomplete miscarriage. It’s when the embryo/fetus dies, but doesn’t come out. And the fix is usually a D&C, which technically (in medical terms) results in, and is considered, an abortion.

            While I personally do not agree with abortions (in the context of avoiding an otherwise healthy pregnancy). I would never shame or coerce someone from getting one. It’s not my decision, and it doesn’t involve me. I’m not part of the equation.

            And despite my disagreement, I think anti-abortion laws are not only wrong, but also harmful.

            • ThrowThrowThrewaway7@lemm.ee
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              The problem with the term ‘gun rights’ and banning them is that ‘gun rights’ is an umbrella term for many things. When a person owns a firearm for self-defense or hunting, and it is used responsibly, it is considered an exercise of ‘gun rights.’ There are also situations where the use of firearms is necessary for self-defense and protection.

              Another example is target shooting or competitive shooting, which is a legitimate and responsible use of firearms. These activities are all grouped under the term ‘gun rights.’

              While I personally may not agree with unrestricted access to firearms (in the context of avoiding unnecessary risks and violence), I would never shame or coerce someone from exercising their Second Amendment rights. It’s not my decision, and it doesn’t involve me. I’m not part of the equation.

              And despite my disagreement, I think restrictive gun control laws are not only wrong but also harmful.

              Just like with abortion, the debate over gun rights is multifaceted and involves differing perspectives on individual rights, public safety, and the balance between regulation and personal freedom.

              • dragonflyteaparty@lemmy.world
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                Your argument is basically “people who don’t break the law are fine, so we shouldn’t let people who do break the law ruin for the rest of us”. Sounds like nuance, but it’s not.

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                The colloquial abortion is only the fetus-deletus one

                What? I assume you’re suggesting that elective surgery to terminate a healthy pregnancy is “the only fetus-deletus one”.

                If that is what you mean. Then no, you are wrong. Because the scenarios I outlined above are not hypotheticals. They are literal and direct examples of women who were refused treatment for those conditions in states that have banned abortions. The medical staff were legally unable to provide the medical intervention those women needed to save their lives. Some of them had to travel out of state to get treatment. I don’t know what happened to all of them.

            • ThrowThrowThrewaway7@lemm.ee
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              You somehow missed the fact that this isn’t a law. No elected member of the New Mexico Legislature voted on this. This is one person in the Executive Branch deciding they can write and impose law at their will. And you support this?

        • aidan@lemmy.worldM
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          Is it gun homicide rates or violent crime rate that is used for determining where carrying is restricted?

          • blazera@kbin.social
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            Guns only have a role of homicide, they lead to more homicides, so they should always be restricted.

              • blazera@kbin.social
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                They make a lot of things a fatal risk. Bad relationship? Road rage? Wanna be famous? Guns have let all these things be motivation for murder.

                • aidan@lemmy.worldM
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                  A lot of reasons, people who feel the need to buy a gun are likely at higher risk of gun crime. For any significantly high enough group of people who own guns, some will be reckless and hurt themselves or provoke others. People are unempathetic and don’t realize pointing a gun at others constitutes a deadly threat- to name a few reasons. Why do* you think?

                  Aren’t guns supposed to make sure you don’t die?

                  Guns are designed so that their owner can immobilize a threat to their life as effectively as possible, that doesn’t mean all people use them for their intended use case. Cars aren’t designed to crash, but the more people that drive cars increases the risk of crashes. I personally am in a lot of cities at night- and would feel safer with a gun. I’m not exactly of a threatening stature, I’d rather be able to defend myself in those situations than just be at the mercy of basically the person attacking me who’s bigger than me. There are tons of examples of people be paralyzed, getting concussions, or killed by people attacking them with fists, blunt objects, or knives when they’re getting mugged. There is only one way I could (if carrying a gun were possible) credibly deter that.

      • chunkystyles@sopuli.xyz
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        You don’t understand the Constitution. Those tights come with restrictions. It’s part of the text.

        • BeakersBunsen@lemmy.zip
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          Slippery slope, this shows other states they can do the same thing towards other rights that you might not like. Next thing you know it’s the wild west with each state doing what they want.

          • AbidanYre@lemmy.world
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            Funny enough, the wild West regularly banned the carrying of handguns within city limits.

            It’s why there was a shootout at the O.K. Corral.

          • PeepinGoodArgs@reddthat.com
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            Next thing you know it’s the wild west with each state doing what they want.

            The entire idea behind state’s rights.

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              No, not like that! It should only be about things that don’t affect me! Like enslaving minorities!

          • Neato@kbin.social
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            Slippery slope,

            That’s a logical fallacy. We are already seeing states impose their will illegally against minority groups.

          • ThrowThrowThrewaway7@lemm.ee
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            The people cheering this on would be LIVID if a Republican Governor unilaterally suspended all abortions in a state by declaring abortion a “public health” emergency.

            These people have no idea what they’re cheering on.

            • SupraMario@lemmy.world
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              This is the same people who want to stack the courts or end the filibuster. They’re short sighted idiots.

              • dragonflyteaparty@lemmy.world
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                Except the court size has changed at least a few times in our nation’s history. Guess those people were short sighted, too. You’re right about the filibuster. We just need to all band together to vote out Republicans, fix our government, and ban all gerrymandering.

                • SupraMario@lemmy.world
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                  They were and it’s why they finally settled on 9…

                  Yes because it’s only republicans that are the issue…

        • ThrowThrowThrewaway7@lemm.ee
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          This is going to court. Let’s see who understands the constitution more.

          To be clear- you’re saying this will 100% hold up in court?

          • dragonflyteaparty@lemmy.world
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            You mean the thing that’s up for interpretation and said interpretation has changed several times over the last two hundred and fifty years? Are you trying to say that there’s only one correct way to read the Constitution?

      • Jaccident@lemm.ee
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        It’s a complete violation of the Constitution.

        I think you might be over reaching there, unless all these concealed and open carry folk were members of a “well regulated militia” and nobody noticed… There are plenty of otherwise “infringing” restrictions on bearing arms; you can’t point a gun at a cop just because your right to bear arms is enshrined in the second amendment, you can’t wheel a functioning howitzer with you wherever you go. You can’t own a sawn-off shotgun.

        • ThrowThrowThrewaway7@lemm.ee
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          You are arguing the point but missing the context.

          The Governor decided to do this unilaterally using a “Public Health Emergency”. This is not in regards to a bill passed by both chambers of New Mexicos Legislative Branch. This was the sole decision of a single person. The Executive Branch is detailed with carrying out the orders of the Legislature. They do not create Laws. That is what she is trying to do.

          • Jaccident@lemm.ee
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            I do agree that, generally speaking, the Executive Branch isn’t designed to create laws, but it literally has these powers. PHEs, Martial Law, Executive Orders; the Executive Branch has tools in statute to meet the needs of crises.

            I was arguing the context though tbf, I have my personal opinion on the ownership of weapons, however I’m not an any and all means person. That said, I leave an exemption in my thinking for emergencies, and the state of play in Albuquerque is pretty dire. Do I think it’s right to call an indefinite PHE? Probably not. Do I think it is an appropriate short term measure while longer term measures are considered? Probably yes.

            The reason I bring up the curtailments in individual rights, regarding the second amendment, is to show there are many restrictions that are in place. The second amendment isn’t an absolute right at all times and in all ways; and it’s silly to think its power should outstrip other statutory tools being deployed in moderation.

            Maybe I led the discussion in the wrong direction though, and for that I apologise, because I think the real question we both ponder is this, is a Public Health Emergency a moderate/proportional response to the situation at hand?

      • Neato@kbin.social
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        Vehicles require licenses and you are regulated where you can drive. Many, MANY fire codes have been written for home goods, furnishings and house materials to prevent fires from common things like candles. You must wear a helmet on bicycles or motorcycles (and other things similar) in most states.

        So, yes?

    • aidan@lemmy.worldM
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      I don’t agree, there are plenty of accepted risks, and there are many cases where public safety could be prioritized at the expense of individual liberties. COVID is a recent example, extremely stringent lockdowns, freedom of movement suspensions, etc would likely decrease deaths as in Australia.

  • BrianTheeBiscuiteer@lemmy.world
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    I think this is a big misstep, not just from the Governor but for Democrats. Once you possess a firearm it’s pretty much too late for anyone to stop you using it in a crime. Handguns are easily concealed up to the point of entry (if there are metal detectors) and essentially the same with rifles as you can usually park near a building entrance. This reinforces the rights position that Democrats are ineffective at law enforcement and no nothing about guns.

    • AbidanYre@lemmy.world
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      Does not being allowed to regulate things you know nothing about also extend to uteruses, the environment, etc?

          • BrianTheeBiscuiteer@lemmy.world
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            I’m liberal, and I’m saying banning firearms in public is more of a “feel good” measure than it is actually useful. Unless you give pat downs as people leave their house then tons of people will violate this ordinance.

            • AbidanYre@lemmy.world
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              And the moment they do, they won’t be the “law abiding gun owner” they’re always crowing about.

        • AbidanYre@lemmy.world
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          Your second paragraph pretty well contradicts your first paragraph as far as vaccinations go.

          And your third doesn’t follow any kind of logical reasoning since one of the ideas behind legal abortion is bodily autonomy.

          Your fourth paragraph is making conclusions based on the first three, but since they’re full of holes, there’s nothing to actually support your assertion.

        • AbidanYre@lemmy.world
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          Just the first two things that came to mind where the people who will jump up and down about magazines vs clips have no problem with laws regulating things they don’t understand.

    • SendMePhotos@lemmy.world
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      The vast majority of law abiding carriers are, law abiding. Shocker. If they weren’t they would just carry the fun, making them unlicensed carriers, meaning the law wouldn’t stop them anyways… Effectively what is happening is disarming the law abiding decent humans.

    • dhork@lemmy.world
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      This reinforces the rights position that Democrats are ineffective at law enforcement and know nothing about guns.

      The way the lobbying works here (or used to work, before the NRA went bankrupt) is that any candidate who knows about guns, or represents a district with lots of gun ownership, can’t be involved at all in any gun control laws without losing the NRA’s support. Therefore, the only people left to write the gun control laws are the ones who know nothing about it.

        • dhork@lemmy.world
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          I agree, but is this hypothetical person electable in either party right now? Probably not, which is why the gun laws we get are generally poor.

  • radau@lemmy.dbzer0.com
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    New Mexico requires you to be licensed to concealed carry doesn’t it? Curious what this accomplishes, how many licensed concealed carry holders are aggressors in a crime?

      • chiliedogg@lemmy.world
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        That is a very misleading link.

        Yes, sometimes CC holders commit violent crimes, and with millions of them out there the list is gonna be long.

        But the rate at which they commit gun crimes is way, way below the average person.

        If you’re in a crowd with 9 carry license holders and one random person and you get shot, odds are it was the person without the license that shot you.

      • aidan@lemmy.worldM
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        For a long time the push was “background checks” or licensing, “closing the loopholes”. Yet this blocks people who specifically went through a more stringent license process specifically when violent crime is more of a risk. (And according to the article I read that could be misrepresenting it, only violent crime - not even specifically gun crime)

        • blazera@kbin.social
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          Concealed carriers commit violent crimes at less than 1/10 the rate of the general public.

          I dont buy it

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          I would ask your source instead, but you haven’t posted anything at all, so I’ll just ask you.

          Do cops commit violent crimes at 1/2 the normal rate because cops are less likely to be arrested or convicted?

          Am I twice as safe in the presence of a cop if I’m the cop’s wife?

          Am I safer near a concealed carry person vs. someone who just isn’t carrying a gun?

            • kmkz_ninja@lemmy.world
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              It also includes the various degens that happened upon a badge and a gun because we hardly vet our police forces and legally avoid cops that are smart enough to disregard unjust laws.

                • kmkz_ninja@lemmy.world
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                  You aren’t wrong (necessarily).

                  Drug laws are the biggest one to me. People should have the right to destroy themselves if they are witting and prepared.

                  Cops already disregard the law depending on their own opinion. Going 5 mph over the speed limit is either a deduction on your license or a fine , depending on the cop.

                  What would be considered a lawful use of capital punishment is dependent on the cop, defending their evaluation of self-defence.

                  Cops have the legality and opportunity to alter their decisions, which means cops choose to enforce laws that disregard social normality or morality.

                  Also: This is America.

                  Half the country considers abortion murder and police violence as retribution. I wish we could simply change the way we do things to fit my or the average person’s opinion, but we’re a big country with a lot of people.

      • radau@lemmy.dbzer0.com
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        While interesting info on that link, it is diluted by some of the statistics. Holding a concealed carry permit doesn’t make you more liable to commit suicide for example as you could just as easily own that weapon without the CCW.

        Overall does feel like a rather small list given the total number of license holders and a lot of the situations don’t seem to pertain to concealed carry. Now if the list showed every incident where a CCW holder escalated a situation and unjustifiably shot someone that would be another story.

        The license is to protect yourself against (ideally one) armed aggressors or someone with a physical advantage (i.e. someone attempting to assault a woman in a parking lot). That could be someone with a knife, blunt object, firearm. Nobody gets one thinking they’re going to stop a mass shooting, the odds would be stacked against you to stop a mass shooter.

        • blazera@kbin.social
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          oh boi guns are to protect people, we must have the least homicides in the world from all that protection we have.

      • radau@lemmy.dbzer0.com
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        Well in California where I am, you have to be really stupid to not pass the driving test, so it would almost be more on par with open carry, which I’m not really against them banning.

        (Disclaimer, I don’t know NM laws I’m basing this off of Cali if they just hand out permits for a fee and nothing else then feel free to point that out).

        Concealed carry typically requires training, getting fingerprinted, interviewing with the Sheriff, and them ultimately deciding whether or not to approve it. It also requires a renewal every 2 years which is much more than drivers as you have to retake the training to renew.

        I do think driving should require you to at least take a basic test every few years though, a lot of people seem to not know how to drive.

        • Cethin@lemmy.zip
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          The point is a license does not stop crime. I’m not disagreeing licensing should be required for firearms (probably in general, not just CC), but the argument licensing will stop it can be proven false by pointing out other things that require licenses yet are still used for crimes. They may prevent some, but it won’t be zero, so is not an argument against the city preventing it.

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    I’m not really understanding why she came up with this ban. It seems pretty clearly unconstitutional, I think that was obvious even to people who would support it. So what’s the fight for? Just seems like a waste of resources and a waste of political capital. If anything it almost seems to serve her political opponents by giving them an easy victory. Just don’t get it. Politically stupid.

  • AutoTL;DR@lemmings.worldB
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    This is the best summary I could come up with:


    The National Association for Gun Rights, alongside Albuquerque resident Foster Haines, filed suit just one day after Grisham announced the public health order temporarily suspending concealed and open carry laws in the city.

    The group argued that the order violates their Second Amendment rights, pointing to the Supreme Court’s decision last year in New York State Rifle & Pistol Association v. Bruen.

    The high court struck down a New York concealed carry law in the Bruen ruling, finding that firearm regulations must be based in the country’s historic tradition to be considered constitutional.

    “The State must justify the Carry Prohibition by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation,” the complaint reads.

    The order suspends concealed and open carry laws for 30 days in areas with a specific threshold of violent crime, which has only been met by the city of Albuquerque.

    “When New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game — when their very right to exist is threatened by the prospect of violence at every turn — something is very wrong.”


    The original article contains 296 words, the summary contains 189 words. Saved 36%. I’m a bot and I’m open source!

  • gascown@lemmy.dbzer0.com
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    Numero America, solve 99% of world’s problems. Only a country of retards would be so hellbent on having guns everywhere.

    • aidan@lemmy.worldM
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      In the country I live there is easier access to guns than many US states yet there is barely any gun crime. Gun ownership is also a constitutional right here.