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Before Jones, Ho, and Wilson, Circuit Judges.
Cory T. Wilson, Circuit Judge:
The question presented in this case is not whether prohibiting the
possession of firearms by someone subject to a domestic violence restraining
order is a laudable policy goal. The question is whether 18 U.S.C.
§ 922(g)(8), a specific statute that does so, is constitutional under the Second
Amendment of the United States Constitution. In the light of N.Y. State Rifle
& Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), it is not.
That paragraph sums it up pretty nicely, but I encourage you to read the entire decision.
Mr. Rahimi seems a proper scoundrel, and I hate that such a person might be made an icon for 2nd amendment rights - but he challenged an unjust law, and the court decided in his favor.
Red flag laws are hardly any different than the issue decided here. Just like a jealous ex can get a restraining order on a whim, the same jealous ex can pick up the phone and make up a story about you being suicidal, or threatening, or whatever. In short, anyone can strip you of your rights, just to be vindictive if they only get the restraining order, or cite a red flag law.
Moving forward, I expect to see more due process before people are stripped of their 2A rights. Sure, a lot of fools bargain, and surrender their rights. But, you'll still see more due process in the coming years.
(Score: 0, Troll) by Runaway1956 on Friday February 03, @10:41AM (2 children)
You have just described the entire gun control philosophy. In point of fact, SCOTUS has ordered the courts to give the same respect to the 2nd as they give to all the rest of the constitution. SCOTUS most certainly did not carve out an exception for the 2nd.
Strict scrutiny is the only standard that should ever be used for any constitutional right. But liberal and progressive judges have permitted the 2nd to be attacked using nonsense rules for decades.
You would be appalled if the same lax standards were to be applied to the freedom of speech, would you not? Why is it alright for a bunch of arsewipes at the state capitol to say, "We don't like the things you say, so that makes you a criminal?" In effect, that is exactly what happens with the 2nd Amendment. "We don't like guns, so that makes you a criminal."
That is false. With due process, people can be convicted of the crimes they have committed, then, on that bases, have their rights limited or removed. Red Flag laws never offered any kind of due process. A lot of protection orders are put into place without due process.
If you have a cretin in your home town who must be stripped of his rights, you need to do the work of convicting him of a crime, then using constitutionally valid laws to strip him of his weapons.
I suggest you wake up and smell the coffee. You cannot arbitrarily strip people of their constitutional rights, just because you disapprove of the people, or the rights.
Progressive prosecutors have already declined to prosecute criminals for having weapons at their disposal, in all the major cities. It's past time that law abiding citizens stop being prosecuted simply for exercising their right to self defense.
Abortion is the number one killed of children in the United States.
(Score: 2) by DeathMonkey on Friday February 03, @10:19PM (1 child)
My understanding of this particular case is that it has absolutely no bearing on red flag laws.
Red flag laws are when guns are removed because there is some kind of credible threat. And yes that includes any person who calls the police and says they think someone might shoot them. In that case it's pretty reasonable for the police to step in (even if that person happens to be your ex).
This law was tossed specifically because there was no process to establish that there was a credible threat to justify the infringement of rights.
(Score: 1) by Runaway1956 on Friday February 03, @11:50PM
IMO, this is very, very much the same as red flag laws, in that there is no due process. There needs to be at minimum a kangaroo court, so that the accused can have his day in court. As things stand, I can decide that I want to rob a local merchant on his way to make his nightly deposit. One anonymous phone call to the cops, telling them that the merchant is suicidal, and I can be halfways sure that he won't be armed when I rob him. Or, in a state where an anonymous call won't trigger the red flag law, I can approach the merchant's ex, or his estranged offspring, or a disgruntled ex-employee, or anyone to make that call.
There is far too much room for abuse, and no due process. That's a real problem.
Abortion is the number one killed of children in the United States.