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ICYMI 5 Circuit: Ban on 2A Rights by Civil Restraining Order is Unconstitutional
AmmoLand ^ | March 24, 2023 | Dean Weingarten

Posted on 03/29/2023 4:28:51 AM PDT by marktwain

In the Fifth Circuit, the entire Court has ruled, en banc, that mere civil restraining orders may not infringe rights protected by the Second Amendment. The unconstitutional infringement was placed into law by the infamous Lautenberg Amendment in 1996. Hundreds of thousands of lives have been turned upside down and ruined by this infamous and unjust law.

In the opinion published by the Fifth Circuit Court of Appeals, Circuit Judge James C. Ho writes a particularly well-argued and presented concurrence. The concurrence is worth reading. It is quoted below, without the footnotes:

James C. Ho, Circuit Judge, concurring:The right to keep and bear arms has long been recognized as a fundamental civil right. See, e.g., Johnson v. Eisentrager, 339 U.S. 763, 784 (1950) (describing the First, Second, Fourth, Fifth, and Sixth Amendments as the “civil-rights Amendments”); Konigsberg v. State Bar of Cal., 366 U.S. 36, 49–50 n.10 (1961). Blackstone saw it as essential to “‘the natural right’”of Englishmen to “‘self-preservation and defence. ”District of Columbia v. Heller, 554 U.S. 570, 593–94 (2008)(quoting 1 William Blackstone, Commentaries on the Laws of England139–40 (1765)). 

But the Second Amendment has too often been denigrated as “a second-class right.”McDonald v. City of Chicago, 561 U.S. 742, 780 (2010). In response, the Supreme Court has called on judges to be more faithful guardians of the text and original meaning of the Second Amendment. See N.Y. State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111 (2022). Our court today dutifully follows the framework recently set forth in N.Y. State Rifle. It recognizes the absence of relevant historical analogues required to support the Government’s position in this case. I am pleased to concur.

I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens


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


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KEYWORDS: 2a; 5thcircuit; banglist; corytwilson; edithjones; fifthcircuit; fithcircuit; jamescho; jamesho; ndtexas; reaganjudge; restrainingorder; trumpjudge; usvsrahimi; zackeyrahimi
Circuit Judge Ho does an excellent job of stating how the Second Amendment and government maintenance of domestic tranquility complement each other.
1 posted on 03/29/2023 4:28:51 AM PDT by marktwain
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To: marktwain

And the Fifth Circuit Court of Appeals has struck down the Bump Stock ban a couple of months ago, too:

Fifth Circuit Court of Appeals Invalidates ATF Bump-Stock Rule—Holds that Congress, Not ATF, Declares What the Law Is.
MONDAY, JANUARY 6, 2023

https://www.ca5.uscourts.gov/opinions/pub/20/20-51016-CV2.pdf


2 posted on 03/29/2023 4:32:33 AM PDT by jacknhoo (Luke 12:51; Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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To: marktwain

Trump still paying dividends!


3 posted on 03/29/2023 5:28:20 AM PDT by DCBryan1 (Delete FB, TWTR, GOOGL, AMZN, YHOO, Gmail/chrome. Use Gab, Brave + DDG, VPN, Freerepublic )
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To: DCBryan1

Yes. Can you imagine what bigger mess we’d be in if PIAPS had 4 years of judicial appointments?


4 posted on 03/29/2023 5:50:41 AM PDT by HombreSecreto (The life of a repo man is always intense)
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To: marktwain

A little good news is always appreciated...

Red flag laws are an important & overt tyrannical weapon for the communists to control the serfs...


5 posted on 03/29/2023 12:40:24 PM PDT by SuperLuminal (Where is the next Sam Adams when we so desperately need him)
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