The pro-gun control argument: An adult's (flawed) opinion

M14 Shooter

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With regard to this op-ed:
Joe Nocera: Stop Worshipping Guns

One of the few gun control advocates I’ve read who openly admits the legitimate individual right of Americans to own a gun and admits the idea of banning guns in the US is nonsense.
He does not claim the pro-gun side is pro-dead kids, and does not immediately think of penises when he thinks of guns.
So… an adult who supports gun control, not an anti-gun lunatic.
A good many of you could learn from this.

That said…

The first step is that gun owners need to stop assuming that every legislative effort to reduce gun violence is either an attack on the Second Amendment or the first step toward some kind of total gun ban.
Two things:
-Any gun regulation which violates the 2nd Amendment is, necessarily, ā€˜attack on the 2nd amendment’, just as any regulation which violates the 1st amendment is an attack on the first amendment. No matter what someone thinks for the 2nd amendment, it is there, it prhohibits a great many restrictions on the right to keep and bear arms, and you do not get to ignore it, especially by waving your had and declaring this isn’t an attack’.
-While banning guns in the US is a practical absurdity, this in no way means there are not those who seek to do so; while virtually no one on the anti-gun side admits they want a wholesale ban on guns, the fact few, if any, on the anti-gun side will tell us how much gun control is ā€˜enough’ or what gun control laws they believe DO violate the constitution leaves us every reason to assume if you do not want an outright ban, you want as many restrictions as you can possibly get. Either way, there’s no reason for us to trust you any further than we can throw you.

But c’mon: Is banning bump stocks—which turn semiautomatic weapons into true machine guns—a violation of the Second Amendment?
-Bump stocks do no such thing. The mechanics of this are well-discussed by the court in Cargill, and while you may not like the ruling, you cannot factually debate the conclusion.
-Semi-automatic rifles – especially ā€œcommonly availableā€ semi-automatic rifles – are indisputably ā€œbearable armsā€ and therefore fall under the protection of the 2nd Amendment. Banning a ā€œcommonly availableā€ semi-automatic rifle because of the accessories attached to it is still a ban on a ā€œbearable armā€ and thus violates the 2nd Amendment.

Is mandating background checks or waiting periods a violation of the Second Amendment? Hardly.
-A police officer, absent reasonable suspicion or probable cause, cannot stop a random person walking down the street, demand their ID, and run them for warrants – this is prior restraint. This is also exactly what a background check does – the state restrains the exercise of your rights while it checks to see if you are breaking the law, and in doing so, violates the 2nd. Further, background checks cannot pass the ā€œconsistent with historical traditions’ as while there may have been ā€˜prohibited persons’ back in the ratification era, there was no restraint on the exercise of the right while the state confirmed you were not one of them.
-Waiting periods -do- violate the 2nd amendment, as noted in Ortega v Grisham, where the 10th Circuit held that the waiting period burdens conduct protected by the Second Amendment, as the right to keep and bear arms necessarily includes the right to acquire them. The court found that such cooling-off periods are not supported by historical tradition or longstanding regulatory exceptions and that the law imposes an unconstitutional burden.

Is writing laws that enforce the safe storage of a gun, to keep them out of the hands of children, a violation of the Second Amendment? Of course not.
-In 2008, the SC ruled legal requirements to secure the firearms in your home violates the 2nd Amendment ā€œUnder any of the standards of scrutiny the Court has applied to enumerated constitutional rightsā€. This prohibition is plenary and carves out no exception for children in the house or any other circumstance.
-Further, a legal requirement to secure firearms in the home cannot pass Bruen’s ā€œconsistent with historical traditions’ test as there was no widespread.

New York Times columnist Nicholas Kristof has republished a column he first wrote in 2017 advocating these and other measures, none of which would deprive responsible adults from owning guns.
-ā€œShall not be infringedā€ – the 2nd amendment prohibits infringement on the right to keep and bear arms – thus, the ā€œdoes not deprive responsible adults from owning gunsā€ is an invalid standard. The state can infringe on the right to keep and bear arms in any number of ways which eventually result in a person owning a gun; this fact does not mitigate the infringement on the right.
This is sort of "misunderstanding " on your part serves only to support us not trusting you any further than we can throw you.

The most urgent need is to pass laws that will help prevent people who suffer from some form of mental illness from obtaining guns.
-For this to happen, the laws which define ā€œprohibited personsā€ must be changed to add ā€œpeople with mental illnessā€. Of course, ā€œmental illnessā€ must be defined in the law, and due process must be met. The anti-gun side ultimately wants people to undergo a mental evaluation before they can buy a gun, which requires at least a visit to an individual qualified to make such an evaluation; the anti-gun side knows this will create incalculable delays in the purchase of firearms due to the limited number of qualified evaluators.
-As with background checks, while there may have been ā€˜prohibited persons’ back in the ratification era, there was no restraint on the exercise of the right while the state confirmed you were not one of them – thus, this requirement violates the constitution.

I also believe that smart guns—which use technology that prevents them from being used by anyone except the owner—could make a big difference.
-500,000,000 guns in the US. Unless these are confiscated and destroyed, smart guns will make no difference; confiscating these guns is impossible and violates the constitution.
If you want one, great, but they won’t do anything to reduce anything, and a mandate to sell only smart guns violates the constitution.

Surely, the time has now come for Americans to turn not against guns, but against the kind of random gun violence that we too often accept as part of life in America.
Few people, if anyone, is for random gun violence.
And it is ridiculous to do anything but accept the idea there will always be a level if gun violence in the US, for as long as there are guns, there will be gun violence.

We need to stop glorifying semiautomatics, especially among young gun owners.
-What does this even mean? Firearms are universally known, every-day common item in the US – if you do not own a gun, there is a very high probability that you know someone who does.
-ā€œSemiautomaticsā€ have been common in the US for over100 years and are the most common kinds of firearm we have. Why? Almost universally, they are more effective for our for legals uses for a firearm than any sort of guns. Should we hide the existence of AR15s from our kids until they turn 18? How will that work?

We also need to stop viewing guns as a way to settle disputes, political or otherwise.
-But… they are. Force is the ultimate arbiter, the universal currency.
It is the very reason our right to own and use firearms is protected by the constitution.

Most of all, we need the kind of leadership that mimics the work of MADD or the Campaign for Tobacco-Free Kids. It can’t come from the liberal side…
-Then it won’t happen – for the reasons noted above, there’s no reason for conservatives to take up your cause.
You believe the problem is the messenger, when in fact it is the message – this is a fundamental failure on your part.
 
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The first step is that gun owners need to stop assuming that every legislative effort to reduce gun violence is either an attack on the Second Amendment or the first step toward some kind of total gun ban.

I support the 2nd amendment but also support sensible gun laws. For example...I think only LEOs should be able to own extended clips.

Back in the 90's...I worked in a gun shop part time and the NRAers are real fruitcakes. They fight any gun law because they think if they give a inch the GOV will take a mile.
 
I support the 2nd amendment but also support sensible gun laws. For example...I think only LEOs should be able to own extended clips.
Unnecessary, ineffective and unconstitutional laws are not "sensible".
There are probably a billion "extended clips" in the US - they cannot be confiscated, they cannot be tracked, and they will never wear out. Any "ban" on such "clips", aside from being unnecessary and unconstitutional, will be completely ineffective.

Back in the 90's...I worked in a gun shop part time and the NRAers are real fruitcakes. They fight any gun law because they think if they give a inch the GOV will take a mile.
And they are right.
 
Unnecessary, ineffective and unconstitutional laws are not "sensible".
There are probably a billion "extended clips" in the US - they cannot be confiscated, they cannot be tracked, and they will never wear out. Any "ban" on such "clips", aside from being unnecessary and unconstitutional, will be completely ineffective.


And they are right.
Gun controls can never happen in America. Simply because everybody knows by now that they're not safe without a gun.

In time the problem will solve itself as more and more gun advocates become victims to what they advocate on total unregulated freedom to have any gun of their choice, anywhere and any time..
 
I support the 2nd amendment but also support sensible gun laws. For example...I think only LEOs should be able to own extended clips.

Back in the 90's...I worked in a gun shop part time and the NRAers are real fruitcakes.
They fight any gun law because they think if they give a inch the GOV will take a mile.
That's because they will, BooBoo. :itsok:
Just look at the things they have already done.
Do you know..when I was a kid, I would walk down the street with a .22 right by cops, and they were kinda jealous because they weren't me anymore. They didn't see me as a threat, maybe to critters around, but not to them.
That was normal back then, and it sure felt better.
 
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With regard to this op-ed:
Joe Nocera: Stop Worshipping Guns

One of the few gun control advocates I’ve read who openly admits the legitimate individual right of Americans to own a gun and admits the idea of banning guns in the US is nonsense.
He does not claim the pro-gun side is pro-dead kids, and does not immediately think of penises when he thinks of guns.
So… an adult who supports gun control, not an anti-gun lunatic.
A good many of you could learn from this.

That said…

The first step is that gun owners need to stop assuming that every legislative effort to reduce gun violence is either an attack on the Second Amendment or the first step toward some kind of total gun ban.
Two things:
-Any gun regulation which violates the 2nd Amendment is, necessarily, ā€˜attack on the 2nd amendment’, just as any regulation which violates the 1st amendment is an attack on the first amendment. No matter what someone thinks for the 2nd amendment, it is there, it prhohibits a great many restrictions on the right to keep and bear arms, and you do not get to ignore it, especially by waving your had and declaring this isn’t an attack’.
-While banning guns in the US is a practical absurdity, this in no way means there are not those who seek to do so; while virtually no one on the anti-gun side admits they want a wholesale ban on guns, the fact few, if any, on the anti-gun side will tell us how much gun control is ā€˜enough’ or what gun control laws they believe DO violate the constitution leaves us every reason to assume if you do not want an outright ban, you want as many restrictions as you can possibly get. Either way, there’s no reason for us to trust you any further than we can throw you.

But c’mon: Is banning bump stocks—which turn semiautomatic weapons into true machine guns—a violation of the Second Amendment?
-Bump stocks do no such thing. The mechanics of this are well-discussed by the court in Cargill, and while you may not like the ruling, you cannot factually debate the conclusion.
-Semi-automatic rifles – especially ā€œcommonly availableā€ semi-automatic rifles – are indisputably ā€œbearable armsā€ and therefore fall under the protection of the 2nd Amendment. Banning a ā€œcommonly availableā€ semi-automatic rifle because of the accessories attached to it is still a ban on a ā€œbearable armā€ and thus violates the 2nd Amendment.

Is mandating background checks or waiting periods a violation of the Second Amendment? Hardly.
-A police officer, absent reasonable suspicion or probable cause, cannot stop a random person walking down the street, demand their ID, and run them for warrants – this is prior restraint. This is also exactly what a background check does – the state restrains the exercise of your rights while it checks to see if you are breaking the law, and in doing so, violates the 2nd. Further, background checks cannot pass the ā€œconsistent with historical traditions’ as while there may have been ā€˜prohibited persons’ back in the ratification era, there was no restraint on the exercise of the right while the state confirmed you were not one of them.
-Waiting periods -do- violate the 2nd amendment, as noted in Ortega v Grisham, where the 10th Circuit held that the waiting period burdens conduct protected by the Second Amendment, as the right to keep and bear arms necessarily includes the right to acquire them. The court found that such cooling-off periods are not supported by historical tradition or longstanding regulatory exceptions and that the law imposes an unconstitutional burden.

Is writing laws that enforce the safe storage of a gun, to keep them out of the hands of children, a violation of the Second Amendment? Of course not.
-In 2008, the SC ruled legal requirements to secure the firearms in your home violates the 2nd Amendment ā€œUnder any of the standards of scrutiny the Court has applied to enumerated constitutional rightsā€. This prohibition is plenary and carves out no exception for children in the house or any other circumstance.
-Further, a legal requirement to secure firearms in the home cannot pass Bruen’s ā€œconsistent with historical traditions’ test as there was no widespread.

New York Times columnist Nicholas Kristof has republished a column he first wrote in 2017 advocating these and other measures, none of which would deprive responsible adults from owning guns.
-ā€œShall not be infringedā€ – the 2nd amendment prohibits infringement on the right to keep and bear arms – thus, the ā€œdoes not deprive responsible adults from owning gunsā€ is an invalid standard. The state can infringe on the right to keep and bear arms in any number of ways which eventually result in a person owning a gun; this fact does not mitigate the infringement on the right.
This is sort of "misunderstanding " on your part serves only to support us not trusting you any further than we can throw you.

The most urgent need is to pass laws that will help prevent people who suffer from some form of mental illness from obtaining guns.
-For this to happen, the laws which define ā€œprohibited personsā€ must be changed to add ā€œpeople with mental illnessā€. Of course, ā€œmental illnessā€ must be defined in the law, and due process must be met. The anti-gun side ultimately wants people to undergo a mental evaluation before they can buy a gun, which requires at least a visit to an individual qualified to make such an evaluation; the anti-gun side knows this will create incalculable delays in the purchase of firearms due to the limited number of qualified evaluators.
-As with background checks, while there may have been ā€˜prohibited persons’ back in the ratification era, there was no restraint on the exercise of the right while the state confirmed you were not one of them – thus, this requirement violates the constitution.

I also believe that smart guns—which use technology that prevents them from being used by anyone except the owner—could make a big difference.
-500,000,000 guns in the US. Unless these are confiscated and destroyed, smart guns will make no difference; confiscating these guns is impossible and violates the constitution.
If you want one, great, but they won’t do anything to reduce anything, and a mandate to sell only smart guns violates the constitution.

Surely, the time has now come for Americans to turn not against guns, but against the kind of random gun violence that we too often accept as part of life in America.
Few people, if anyone, is for random gun violence.
And it is ridiculous to do anything but accept the idea there will always be a level if gun violence in the US, for as long as there are guns, there will be gun violence.

We need to stop glorifying semiautomatics, especially among young gun owners.
-What does this even mean? Firearms are universally known, every-day common item in the US – if you do not own a gun, there is a very high probability that you know someone who does.
-ā€œSemiautomaticsā€ have been common in the US for over100 years and are the most common kinds of firearm we have. Why? Almost universally, they are more effective for our for legals uses for a firearm than any sort of guns. Should we hide the existence of AR15s from our kids until they turn 18? How will that work?

We also need to stop viewing guns as a way to settle disputes, political or otherwise.
-But… they are. Force is the ultimate arbiter, the universal currency.
It is the very reason our right to own and use firearms is protected by the constitution.

Most of all, we need the kind of leadership that mimics the work of MADD or the Campaign for Tobacco-Free Kids. It can’t come from the liberal side…
-Then it won’t happen – for the reasons noted above, there’s no reason for conservatives to take up your cause.
You believe the problem is the messenger, when in fact it is the message – this is a fundamental failure on your part.
There is just so much wrong with your rebuttal arguments I don't know where to start. One of the big things you gun nuts love is the word "infringe", as if there is no limit to second amendment rights. Licensing requirements, background checks, registration requirements, they are common, do they not "infringe" on your right to own and bear arms using your definition? Would you advocate eliminating them?

Like your claim that laws requiring the secure storage of a gun are unconstitutional. Funny, dozens of states have those laws on the books and I don't think a single one of them has been challenged. While I understand you are referencing Heller, the problem in Heller was the disassembled requirement, not the secure storage requirement. I would challenge you to read Scalia's opinion in Heller. It directly contradicts many of your arguments.

And the limitation on magazine capacity. Funny, you walk in the woods with your AR-15 looking to shoot some deer and you don't have something in place to limit that magazine to three shots in most states, well if you run up on a game warden he is walking out of the woods with that AR, not you. But if you are walking down the street proudly open carrying and headed for the local elementary school, yeah, no limit on your magazine capacity. We are willing to protect the deer, but elementary school students, ah, not so much.

And semi-auto AR's, especially those chambered in small calibers like the .223, they are, by far, the most profitable gun manufactured. Now revolvers, think Dirty Harry and "make my day", they are the least profitable. To make a comparison, in the meat business the lowest profit items are grilling steaks, especially the Rib-eye. The most profitable item, offal's, like pigs feet. You enjoy carrying around your pig feet gun.

And that is just it. The NRA used to be a great organization. Thousands of individuals have refused to renew their memberships. I can remember Dad unloading on some phone solicitor attempting to get him to come back to the NRA. In the 70's I was captain of a rifle team that was sponsored by the NRA. The one thing they asked me to do, teach gun safety classes to fellow high school students. Does the NRA have any gun safety classes now?

While once they were an advocate for the hunter, the individual gun owner, now, they are little more than a lobbying arm for gun manufacturers. And that is the biggest thing, hunting is damn near dead. There are more raccoons, squirrels, and rabbits running around today than they were in Colonial times. I mean who hunts them anymore? And deer, OMG, they have become huge pests. Cats kill more of the small game than hunters, cars kill more of the deer than hunters.

And look what has happened. In 1980 gun ownership peaked in the United States, 53.7% of the population had a gun in the household. By 2021 it had slipped to 35.2%. During that same time frame households with an active hunter went from one in three to one in six. Granted, gun ownership is now on the upswing, peddle that fear. But the thing is, there are more guns in the United States than ever before. Not because more people own guns, but because some people just don't seem to get enough of them. I mean you only need one if self-defense is the issue. If you hunt, then yes, I can see multiple guns. I had a gun for duck, a gun for quail, a gun for squirrels, a gun for deer, a gun for rabbits, and a gun for coons. Four shotguns, two rifles. You could throw in a revolver for self-defense, I refused.
 
Unnecessary, ineffective and unconstitutional laws are not "sensible".
There are probably a billion "extended clips" in the US - they cannot be confiscated, they cannot be tracked, and they will never wear out. Any "ban" on such "clips", aside from being unnecessary and unconstitutional, will be completely ineffective.


And they are right.
Anyone who calls a magazine a "clip" knows nothing about firearms and is not entitled to an opinion on firearms laws.
 
With regard to this op-ed:
Joe Nocera: Stop Worshipping Guns

One of the few gun control advocates I’ve read who openly admits the legitimate individual right of Americans to own a gun and admits the idea of banning guns in the US is nonsense.
He does not claim the pro-gun side is pro-dead kids, and does not immediately think of penises when he thinks of guns.
So… an adult who supports gun control, not an anti-gun lunatic.
A good many of you could learn from this.

That said…

The first step is that gun owners need to stop assuming that every legislative effort to reduce gun violence is either an attack on the Second Amendment or the first step toward some kind of total gun ban.
Two things:
-Any gun regulation which violates the 2nd Amendment is, necessarily, ā€˜attack on the 2nd amendment’, just as any regulation which violates the 1st amendment is an attack on the first amendment. No matter what someone thinks for the 2nd amendment, it is there, it prhohibits a great many restrictions on the right to keep and bear arms, and you do not get to ignore it, especially by waving your had and declaring this isn’t an attack’.
-While banning guns in the US is a practical absurdity, this in no way means there are not those who seek to do so; while virtually no one on the anti-gun side admits they want a wholesale ban on guns, the fact few, if any, on the anti-gun side will tell us how much gun control is ā€˜enough’ or what gun control laws they believe DO violate the constitution leaves us every reason to assume if you do not want an outright ban, you want as many restrictions as you can possibly get. Either way, there’s no reason for us to trust you any further than we can throw you.

But c’mon: Is banning bump stocks—which turn semiautomatic weapons into true machine guns—a violation of the Second Amendment?
-Bump stocks do no such thing. The mechanics of this are well-discussed by the court in Cargill, and while you may not like the ruling, you cannot factually debate the conclusion.
-Semi-automatic rifles – especially ā€œcommonly availableā€ semi-automatic rifles – are indisputably ā€œbearable armsā€ and therefore fall under the protection of the 2nd Amendment. Banning a ā€œcommonly availableā€ semi-automatic rifle because of the accessories attached to it is still a ban on a ā€œbearable armā€ and thus violates the 2nd Amendment.

Is mandating background checks or waiting periods a violation of the Second Amendment? Hardly.
-A police officer, absent reasonable suspicion or probable cause, cannot stop a random person walking down the street, demand their ID, and run them for warrants – this is prior restraint. This is also exactly what a background check does – the state restrains the exercise of your rights while it checks to see if you are breaking the law, and in doing so, violates the 2nd. Further, background checks cannot pass the ā€œconsistent with historical traditions’ as while there may have been ā€˜prohibited persons’ back in the ratification era, there was no restraint on the exercise of the right while the state confirmed you were not one of them.
-Waiting periods -do- violate the 2nd amendment, as noted in Ortega v Grisham, where the 10th Circuit held that the waiting period burdens conduct protected by the Second Amendment, as the right to keep and bear arms necessarily includes the right to acquire them. The court found that such cooling-off periods are not supported by historical tradition or longstanding regulatory exceptions and that the law imposes an unconstitutional burden.

Is writing laws that enforce the safe storage of a gun, to keep them out of the hands of children, a violation of the Second Amendment? Of course not.
-In 2008, the SC ruled legal requirements to secure the firearms in your home violates the 2nd Amendment ā€œUnder any of the standards of scrutiny the Court has applied to enumerated constitutional rightsā€. This prohibition is plenary and carves out no exception for children in the house or any other circumstance.
-Further, a legal requirement to secure firearms in the home cannot pass Bruen’s ā€œconsistent with historical traditions’ test as there was no widespread.

New York Times columnist Nicholas Kristof has republished a column he first wrote in 2017 advocating these and other measures, none of which would deprive responsible adults from owning guns.
-ā€œShall not be infringedā€ – the 2nd amendment prohibits infringement on the right to keep and bear arms – thus, the ā€œdoes not deprive responsible adults from owning gunsā€ is an invalid standard. The state can infringe on the right to keep and bear arms in any number of ways which eventually result in a person owning a gun; this fact does not mitigate the infringement on the right.
This is sort of "misunderstanding " on your part serves only to support us not trusting you any further than we can throw you.

The most urgent need is to pass laws that will help prevent people who suffer from some form of mental illness from obtaining guns.
-For this to happen, the laws which define ā€œprohibited personsā€ must be changed to add ā€œpeople with mental illnessā€. Of course, ā€œmental illnessā€ must be defined in the law, and due process must be met. The anti-gun side ultimately wants people to undergo a mental evaluation before they can buy a gun, which requires at least a visit to an individual qualified to make such an evaluation; the anti-gun side knows this will create incalculable delays in the purchase of firearms due to the limited number of qualified evaluators.
-As with background checks, while there may have been ā€˜prohibited persons’ back in the ratification era, there was no restraint on the exercise of the right while the state confirmed you were not one of them – thus, this requirement violates the constitution.

I also believe that smart guns—which use technology that prevents them from being used by anyone except the owner—could make a big difference.
-500,000,000 guns in the US. Unless these are confiscated and destroyed, smart guns will make no difference; confiscating these guns is impossible and violates the constitution.
If you want one, great, but they won’t do anything to reduce anything, and a mandate to sell only smart guns violates the constitution.

Surely, the time has now come for Americans to turn not against guns, but against the kind of random gun violence that we too often accept as part of life in America.
Few people, if anyone, is for random gun violence.
And it is ridiculous to do anything but accept the idea there will always be a level if gun violence in the US, for as long as there are guns, there will be gun violence.

We need to stop glorifying semiautomatics, especially among young gun owners.
-What does this even mean? Firearms are universally known, every-day common item in the US – if you do not own a gun, there is a very high probability that you know someone who does.
-ā€œSemiautomaticsā€ have been common in the US for over100 years and are the most common kinds of firearm we have. Why? Almost universally, they are more effective for our for legals uses for a firearm than any sort of guns. Should we hide the existence of AR15s from our kids until they turn 18? How will that work?

We also need to stop viewing guns as a way to settle disputes, political or otherwise.
-But… they are. Force is the ultimate arbiter, the universal currency.
It is the very reason our right to own and use firearms is protected by the constitution.

Most of all, we need the kind of leadership that mimics the work of MADD or the Campaign for Tobacco-Free Kids. It can’t come from the liberal side…
-Then it won’t happen – for the reasons noted above, there’s no reason for conservatives to take up your cause.
You believe the problem is the messenger, when in fact it is the message – this is a fundamental failure on your part.
People diagnosed with any form of psychosis or anti social personality disorder must nerve be allowed to own a gun

The focus must be on the person not the gun. When a gun owner makes credible threats you dont take the gun away from him you take him away from the gun. Evakuare him and then take the gun away if needed
 
People diagnosed with any form of psychosis or anti social personality disorder must nerve be allowed to own a gun
The focus must be on the person not the gun.
Agreed. A person who is credible threat to himself or others with a gun is a credible threat without a gun
Such a person should be in custody, not free to roam the streets.

 
Guns are ubiquitous in America and, indeed, around the world. They will never go away and bad people will get them to use as power over their victims. You can't just 'wish' them away.
 
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