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9th Circuit strikes down 18 USC 922(g)(1) (Felon-Firearm Law)
Posted on 5/10/24 at 10:00 am
Posted on 5/10/24 at 10:00 am
9th Circuit Strikes Down Felon Firearm Law
2-1 decision out of the 9th Circus, seems they are willing to correctly apply Bruen when the case suits their sensitivities. See if the DOJ appeals to an en banc panel.
2-1 decision out of the 9th Circus, seems they are willing to correctly apply Bruen when the case suits their sensitivities. See if the DOJ appeals to an en banc panel.
1
Posted on 5/10/24 at 10:15 am to Clames
if you have done your time and are free from prison, you're a free man that should be free to practice all rights granted by the constitution.
Posted on 5/10/24 at 10:46 am to finchmeister08
Given how extremely minor infractions can result in some class of felony conviction these days it's high time 922(g)(1) is revised or tossed out. The 2nd Amendment is not a lessor Right, if felons still have 1st, 4th, 5th, etc, Amendment rights then they should have the 2nd as well. That means even those convicted of violent crimes should get all of their rights back too, if they are deemed too dangerous to own a gun legally then they should be kept locked up. Once released they get guns anyway so 922(g)(1) is just lip service and way to tack on another charge later.
Posted on 5/10/24 at 1:57 pm to finchmeister08
quote:
if you have done your time and are free from prison, you're a free man that should be free to practice all rights granted by the constitution.
Agree. If the State lets you out, you should have full rights restored.
Posted on 5/10/24 at 3:05 pm to Clames
110% agree
Posted on 5/10/24 at 4:30 pm to finchmeister08
quote:
if you have done your time and are free from prison, you're a free man that should be free to practice all rights granted by the constitution.
Having your right to vote and own a firearm suspended indefinitely is part of the "paying your debt to society" in my opinion. There are mechanisms to petition the court to reinstate each of these rights if you've been out of jail for many years and never reoffended and got your shite together. Those rights are almost always reinstated in those cases.
Posted on 5/10/24 at 4:34 pm to finchmeister08
quote:
if you have done your time and are free from prison, you're a free man that should be free to practice all rights granted by the constitution.
its that simple, your rights dont just stop or start when they say so, any suspension of your rights while in prison must end when you have finished your time
Posted on 5/10/24 at 5:32 pm to deeprig9
quote:
Having your right to vote and own a firearm suspended indefinitely is part of the "paying your debt to society" in my opinion.
In Louisiana a felon can vote again after 5 years of completing the sentence/parole or probation. It should be the same when it comes to owning a firearm, especially for nonviolent crimes.
Posted on 5/10/24 at 6:14 pm to finchmeister08
quote:
if you have done your time and are free from prison, you're a free man that should be free to practice all rights granted by the constitution.
frick that. Violent crime with a gun or armed robbery you should never be able to have a gun again.
Posted on 5/10/24 at 6:32 pm to gizmothepug
quote:
In Louisiana a felon can vote again after 5 years of completing the sentence/parole or probation. It should be the same when it comes to owning a firearm, especially for nonviolent crimes.
I agree, but it shouldn't be automatic. I also approve of states deciding that for themselves.
If you served your time, served your probation, I agree with rights being reinstated. I was only saying that just because you got out of prison doesn't mean you aren't still on a probationary period.
Posted on 5/10/24 at 10:21 pm to Rize
quote:
Violent crime with a gun or armed robbery you should never be able to have a gun again.
Agree. Because they shouldn’t ever be free men again
Posted on 5/10/24 at 11:14 pm to deltaland
quote:
Agree. Because they shouldn’t ever be free men again
This is the point IMO. Stop with the defund police, psychologist on every street corner bullshite and keep these assholes behind bars. No law is going to keep the bad guys from getting their hands on guns if they want to. The only felons on the street who won’t have guns are those who don’t care to. Make the law tougher on violent offenders and enforce it. Period.
Posted on 5/11/24 at 4:52 am to gizmothepug
quote:
In Louisiana a felon can vote again after 5 years of completing the sentence/parole or probation. It should be the same when it comes to owning a firearm, especially for nonviolent crimes.
In Florida we also make them pay off their fines and restitution. On some levels I like this, but I also know people slapped with 75-100k fines for marijuana trafficking, and we're really into some 8a excessive fines shite.
Posted on 5/11/24 at 9:42 am to deeprig9
quote:
Having your right to vote and own a firearm suspended indefinitely is part of the "paying your debt to society" in my opinion.
Serving time may not necessarily mean completely paying your debt to society. Should a rapist or murderer let out after 20 years get to vote or own a gun? Absolultley not in my book. What if that rapist or murderer had their charges knocked down a bit because they rolled over on a fellow suspect and they got out even earlier?
Losing voting and gun rights is as much a punishment to one person as it is a warning to all not to be a serious criminal.
Posted on 5/11/24 at 9:55 am to deeprig9
quote:
Having your right to vote and own a firearm suspended indefinitely is part of the "paying your debt to society" in my opinion
Scenario #1: A man who has served his country on multiple combat tours deploying every weapon known to man against hostiles comes back home and gets in a bar fight and is charged and convicted of a felony assault…he loses his right to now carry legally even a .22LR or vote for the same bozos who sent him overseas to use heavy artillery on the sol called “enemy”.
Yep, he just needs to pay more debt back to a society who could give a damn less about what he sacrificed for this same society.
People like you make me sad that you’re so pharisaical. When a person does their time, they need to come back into society with full rights so they have no impediments to get a job and fully participate.
If someone commits a premeditated murder or forcible rape or violence against a child/disabled/elderly, why are they being released?
Our criminal “justice” system is very flawed but so are all countries.
It’s a moral and sin issue and there needs to be direct accountability AND mercy. They’re not mutually exclusive.
This post was edited on 5/11/24 at 10:01 am
Posted on 5/11/24 at 11:19 am to ValhallaAwaits
quote:
Yep, he just needs to pay more debt back to a society who could give a damn less about what he sacrificed for this same society.
Are you really going to play this hypothetical card if someone was found guilty of felonious assault?
That's not a simple bar fight.
Posted on 5/11/24 at 11:25 am to kengel2
Louisiana:
Second-degree battery: This is a felony offense that occurs when a person commits a battery that results in serious bodily harm. The penalty for this crime can include a fine of up to $5,000 and imprisonment for up to 10 years.
You bust a jaw, break a hand, etc., this is the charge. So it’s not a hypothetical card.
Second-degree battery: This is a felony offense that occurs when a person commits a battery that results in serious bodily harm. The penalty for this crime can include a fine of up to $5,000 and imprisonment for up to 10 years.
You bust a jaw, break a hand, etc., this is the charge. So it’s not a hypothetical card.
Posted on 5/11/24 at 11:27 am to finchmeister08
quote:
if you have done your time and are free from prison, you're a free man that should be free to practice all rights granted by the constitution.
Are we going to apply this to sex offenders and child molesters, letting them live anywhere they want without registering? Because that will be an issue down the line with this way of thinking.
I don't necessarily disagree with the felon firearm law being struck down, especially if you consider that we are seemingly incapable or unwilling to enforce anything to do with it. This will set a precedent, though, and we will have to deal with that down the line.
Posted on 5/11/24 at 12:21 pm to ValhallaAwaits
quote:
hypothetical card
Your hypothetical card was a movie.
quote:
when a person commits a battery that results in serious bodily harm.
If we're playing the hypothetical game. This sounds like a person that can't control their liquor and alcohol and probably would have killed someone road raging down the road after their bar fight.
Posted on 5/11/24 at 12:31 pm to LegendInMyMind
quote:
Are we going to apply this to sex offenders and child molesters, letting them live anywhere they want without registering? Because that will be an issue down the line with this way of thinking.
The constitution doesn’t cover child molestation charges. So having a law determining where someone can live is fine with me. Along with continuing to make these people register as sex offenders.
But they shouldn’t be stripped of anything that the constitution offers if they’re free from prison.
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