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Ninth Circuit: Felon Has ‘Right to Possess Firearm for Self-Defense’
Breitbart ^ | 05/10/2024 | AWR HAWKINS

Posted on 05/10/2024 11:39:56 AM PDT by ChicagoConservative27

On Thursday a three-judge panel from the United States Court of Appeals for the Ninth Circuit decided that Steven Duarte, a felon, has a “right to possess a firearm for self-defense.”

Courthouse News Service noted Duarte has five felony convictions and was a member of a street gang in Los Angeles.

The decision upholding Duarte’s gun rights was split, with George W. Bush appointee Carlos Bea and Donald Trump appointee Lawrence VanDyke deciding in the majority.

Bea wrote the majority opinion, noted the panel tested the prohibition against felons possessing guns in light of Bruen (2022) and found the government did not have a sufficient substantiation.

Bruen requires that gun control align with historical tradition and the intent of America’s founders. Bea and VanDyke did not believe the blanket prohibition against felons possessing firearms survived scrutiny.

(Excerpt) Read more at breitbart.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: 2to1; 9thcircuit; andrebirottejr; banglist; bruen; carlosbea; carlostbea; cdcalifornia; dubyajudge; felon; firearm; lawrencevandyke; milandsmithjr; milansmith; milansmithjr; ninthcircuit; obamajudge; obamastooge; possess; smirkingchimpjudge; smirkingchimpstooge; stevenduarte; trumpjudge
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Trump and Bush 43 appointee
1 posted on 05/10/2024 11:39:56 AM PDT by ChicagoConservative27
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To: ChicagoConservative27

Look at it this way- he’s vastly more likely to use it to kill another gang-banger.

If we just taught marksmanship in schools, we could let the gangsters shoot each other all day; as long as no one innocent is hurt who cares?


2 posted on 05/10/2024 11:41:50 AM PDT by Republican in occupied CA (We had enough government in 1789)
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To: ChicagoConservative27

If this strengthens the legal interpretation of “shall not be infringed” then I’m ok with it.


3 posted on 05/10/2024 11:45:44 AM PDT by bigbob
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To: ChicagoConservative27

9th circuit, the court that contributed the most to destroying citizen trust in the judiciary and willingness to obey court orders....may finally be seeing the light!?


4 posted on 05/10/2024 11:47:06 AM PDT by faithhopecharity (“Politicians are not born. They're excreted.” Marcus Tillius Cicero (106 to 43 BCE))
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To: ChicagoConservative27

So far we have rulings that illegal aliens have gun rights, felons have gun rights but law abiding citizens apparently do not according to a significant number of courts. I guess the answer is to cross the border into Mexico, change my name to something Hispanic, African or moslem, and illegally enter the United States so that as an illegal I can enjoy all the Constitutional rights I was supposed to have and enjoy free medical, food, housing and cash courtesy the taxpayer.


5 posted on 05/10/2024 11:47:31 AM PDT by Mastador1
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To: ChicagoConservative27
"has five felony convictions"

If he has served his time, I suppose that makes sense.

If person should have the opportunity to reenter normal society.

6 posted on 05/10/2024 11:49:15 AM PDT by Retain Mike ( Sat Cong)
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To: ChicagoConservative27

The Ninth Circuit court has had many cases over turned due to bad decisions this needs to be another.


7 posted on 05/10/2024 11:49:32 AM PDT by Vaduz
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To: ChicagoConservative27

I don’t have a problem with this................


8 posted on 05/10/2024 11:50:28 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: ChicagoConservative27

Of course, felons need to defend themselves when they are committing felonies.


9 posted on 05/10/2024 11:52:38 AM PDT by ImJustAnotherOkie
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To: ChicagoConservative27

Bookmark.

We all have a God given right to defend yourself. This should never be a crime.

The Second Amendment was written to enshrine that right and prevent Government from encroaching on that right.

If someone is dangerous, They should be locked up or adequately officially supervised.

Free men (and women) have the right to self defense.


10 posted on 05/10/2024 11:58:09 AM PDT by TianaHighrider (God moved David to STAND UP to Goliath ❣)
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To: bigbob

Only if you’re a felon? Or was it feline....


11 posted on 05/10/2024 11:58:18 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this💩? 🚫💉! 🇮🇱👍!)
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To: ChicagoConservative27
I am not a felong, but I havge to agree with that. They served their time.

The right to bear arms is in our Bill of Rights as the right to vote is not.

12 posted on 05/10/2024 12:06:30 PM PDT by Stepan12 (Enrique Tarrio? “Remember the prisoners as if chained with them – those who are mistreated…” Hebrew)
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To: ImJustAnotherOkie

Even a former felon should have the right to protect his home and family. He may even have a ‘higher need’ so to speak, given the enemies he may have made in his former career.


13 posted on 05/10/2024 12:08:50 PM PDT by monkeyshine (live and let live is dead)
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To: Retain Mike

You know. After felons get voting rights returned, why shouldn’t they get second amendment rights back. Liberals want it all. Good. Second amendment wins!


14 posted on 05/10/2024 12:09:39 PM PDT by napscoordinator (DeSantis is a beast! Florida is the freest state in the country! )
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To: monkeyshine

A felon can protect his home. Just not with a gun.

The whole idea of rehabilitation is for the Ex-Felon not to get into bad circumstances. The felon really shouldn’t be going to bars and Titty Joints because they can lead to trouble.

Home invasions are pretty rare for law abiding citizens. If you deal drugs out of your home it’s another matter. That is the case with most home invasions, so no sympathy here.


15 posted on 05/10/2024 12:19:18 PM PDT by ImJustAnotherOkie
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To: ChicagoConservative27

This is likely a just and correct interpretation of the Constitution as written. I don’t have a problem with it.


16 posted on 05/10/2024 12:21:43 PM PDT by desertsolitaire (Doomed to be Cassandra-like?)
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To: ChicagoConservative27

Excellent, but too late for Sean Taylor.


17 posted on 05/10/2024 12:24:05 PM PDT by Theoria
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To: Mastador1
The court that has ruled almost 100% against law abiding gun owners for my entire life now rules in favor of felons having guns.
18 posted on 05/10/2024 12:27:38 PM PDT by alephnull (Islam is not a religion of peace. It is a cult of death.)
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To: bigbob

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/05/09/22-50048.pdf


19 posted on 05/10/2024 12:44:19 PM PDT by kiryandil (FR Democrat Party operatives! Rally in defense of your Colombian cartel stooge Merchan!)
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To: alephnull

The key phrase is non violent.
Think of Martha Stewart or someone on an income tax issue.
They need to be able to protect themselves and their families.


20 posted on 05/10/2024 12:45:30 PM PDT by I_BE_THE_ONE
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