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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: 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.
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