Skip to comments.U.S. Supreme Court rules conviction bars West Tennessee man from owning gun
Posted on 03/26/2014 9:01:45 AM PDT by GIdget2004Edited on 03/26/2014 12:01:11 PM PDT by Sidebar Moderator. [history]
The U.S. Supreme Court ruled unanimously Wednesday that a West Tennessee man’s conviction on a misdemeanor domestic assault charge bars him from owning a gun.
James Alvin Castleman of Huntingdon, in Carroll County, had argued the federal law that prohibits people convicted of domestic violence from owning a gun should not apply to him because he was not actually accused of physical force.
(Excerpt) Read more at commercialappeal.com ...
Here’s an article with a bit more information on the case:
so much for “shall not be infringed”
I guess using the logic of this ruling... the government could pass a law tomorrow that anyone who exhales carbon dioxide (aka breathes) has committed a crime and automatically loses their right to keep and bear arms.
Tyranny comes in all flavors... This one is Black Robed.
Why? Because Domestic Violence can be used as a catch-all in an arrest at your home. And the bar can be set absurdly low too.
Frank Lautenberg’s foul legacy.
Not yet illegal (no potential stings).
I think many of the actions the court take as acts of domestic violence as well, from eminent domain to abortion, spying to healthcare, the victims aka legal US citizens, suffer in silence.. or will after the internet is turned off,, there is no redress , no shame for their actions,, no justice.. jmo.
Do their acts involve ‘violence’ per se? You be the Judge.
‘Like most rights, the Second Amendment right is not unlimited.’....Heller vs. DC....Thanks Scalia.
as the state has no power over an honest man.
It doesn’t actually bar him from owning a gun at all. It bars him from state approval for owning a gun.
Paraphrasing, Mark Twain ... Hide your guns boys, the legislature’s back in session.
Kind of funny that you blame Lautenberg but when the Repubs had control they didn’t life a finger to repeal it.
This one is for all you folks who believe “criminals”, should be banned from possessing firearms. Soon, you’ll be a criminal. Well, you already are, you just may not know it yet.
And this why requiring permission from federal masters to exercise a natural right is insidious.
Lautenberg’s NAME is on that legislation, regardless of the Republicans’ inaction.
don’t know how they reconcile this with Heller, but that is SCOTUS where they twist the law to get the ending that they want.
Heller said Americans have a right to individual, private ownership of firearms but that right is not unlimited.
Over the next several years, there will be more cases out of SCOTUS further defining/limiting this right.
No God given “RIGHT” is limited. What the supreme’s have wrought in Heller vs DC is UNCONSTITUTIONAL if it is used to prohibit gun ownership. if not for NICS no one would be the wiser, but the prohibitions are only going to increase with time unless the people and states get control of the out of control Federal Leviathan.
If I understood Heller it really just reestablished the individual right to bear arms.
With this decision, you turn a law abiding citizen into a radical fire breathing hate monger who will be the warpath but probably under constant surveillance.
Regarding any case decision involving a federal law, the states need to amend the Constitution to require the Supreme Court to officially and publicly cite specific constitutional clauses which reasonably indicate powers granted to Congress by the states to make a given law in the first place.
Note that pro-2A citizens would probably have liked gun rights to be include in 1A's list of powers prohibited to Congress. However, since the delegates to the Constitutional Convention had included clauses in Congress's constitutional Article I, Section8-limited powers which reasonably give Congress the power to regulate arms for military purposes, the delegates couldn't turn around and prohibit gun-regulating powers to Congress altogether.
That said, it remains that none of the gun-related clauses in Section 8 reasonably apply to domestic violence imo. So the Supreme Court would be hard-pressed to find any constitutional clause to justify why federal laws which address guns in the context of domestic violence should exist in the first place imo.
In fact, note that some people, including me, attribute many modern but constitutionally-questionable federal gun laws to Constitution-ignoring FDR.
“Enhanced” Lautenturd Amendment... coming to MN soon:
Read the statute on what constitutes 5th degree domestic assault in MN-in most cases its far from anything close to beating anyone or hitting anyone, yet will be included in the bill proposed in current form.
This is like giving someone a DUI AND taking their car for being at .02 BAC ( only a driving is not a right )
personally, if you commit a crime wth a firearm, esp violent crime, you’ve shown you cant be trusted with guns, and in the old days the law would sentence you to death so you’d have no chance to ever have a gun again.
as we dont do this anymore those violent criminals who have used guns in their crimes should not be allowed to have guns again. until we execute criminals for violent crimes again, and quickly like the old days, if they are released they shouldn’t be able to get guns again.
if you do a crime that doesnt use a gun and isn’ t violent, you shouldn’ t lose your gun rights. if you get charged with domestic violence and it’s not violent, but was trumped up like yelling or shoving or pushing someone off/away from you, it has noting to do with gun rghts and that shouldn’ t ever come into play. loss of gun rights should only come into play when guns are germaine to the crime committed.
You’re splitting hairs and walking right into the lib argument. You’re a free man, or you’re not. I don’t believe in a caste system of natural rights.
U.S. Code Title 26 Subtitle E Chapter 53 Subchapter B Part I § 5845
26 U.S. Code § 5845 - Definitions
Current through Pub. L. 113-86, except 113-79. (See Public Laws for the current Congress.)
prev | next For the purpose of this chapter
The term firearm means
(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and
(8) a destructive device. The term firearm shall not include an antique firearm or any device (other than a machinegun or destructive device)
which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other
characteristics is primarily a collectors item and is not likely to be used as a weapon.
no. what i am saying is unless we go back to the justice system that worked, because violent felons were executed within a week or to of sentencing,
there would be no discussion of whether someone who was a felon could have a gun or not.
not a violent felon == keep’guns.
violent felon == executed felon.
Define a violent felon worthy of execution and cite the period of time you are referring to when this condition was present. It occurs to me that you are broadening the class of those eligible for execution to those who commit any felony involving violence, which was not the case. Imprisonment for a lengthy period based upon the crime was intended to repay “the debt to society” and allow the reformed reprobate the opportunity to rejoin that society. It appears execution plays a larger than needed role in your concept of justice. Be careful what you wish for.
“...unless we go back to the justice system that worked, because violent felons were executed within a week or to of sentencing,...”
He plead to domestic violence. Just as felons lose the right to vote he lost the Rtkaba.This will come back to bite the left when they argue in Scotia that felons can not lose the right to vote.
I am talking about violent felons who use guns in the commission of the specific crimes they commit. Especially if they injure or murder someone during those crimes or attempting to flee.
They have proven by abusing the right, they cannot be trusted with it. Unless they are executed for those crimes, if they have a chance to be let out, they should not be allowed to have guns again.
Okay, no offense, but now define “violent”. It’s just too slippery. Look, if you don’t like the fact that we let people out who shouldn’t be out, don’t take that out on free citizens. Not trying to argue - I know what you’re trying to do - I just think we can’t do that if we want to remain free.
You haven’t cited the period you mentioned when those conditions were applied and additionally where they were applied.
By stating, “Be careful what you wish for.”, consider that when you codify the death penalty and its execution time to cover a broader range of offenders, the likelihood of violent resistance to apprehension by authorities will result along with the danger to the general populace suffering from the activity. “Top of the world Ma! Top of the world!” (Cagney- “White Heat”)
All of the criterion necessary to sentence offenders for the crimes they commit has been well thought out and recorded. Application of the appropriate sentencing guidelines often falls short of the recommendations due in large part to judicial mental meanderings. But after a man has not been executed for his crime because execution would be too extreme a punishment, and he is released into society after serving time in prison to repay his debt, his rights, all of them, should be fully restored. Doing so reinforces the notion that he has paid his debt, realized the error of his ways and is now free to live a life of benefit to himself, his family and the society he has rejoined, without the stigma of his prior conviction impairing his ability to persevere and succeed. People err. Sometimes grievously. Some so greatly that execution is warranted. But I would sooner deal with a possible repeat offender than sacrifice his right to self-defense and the defense of members of his family in the event he had reformed completely. But then I am a capable man and without fear.
The State cannot solve all of our problems and is far more involved in our affairs than our health as a society allows and calling for another law that will be arbitrarily interpreted and applied will prove more confounding than our present situation.
Restricting firearms possession restricts freedom and our ability to defend our lives and those of our loved ones. Never mind the defense of our country. We’ve already lost that.
well then putmup a sign and encourage all the violent, released folks to arm up and gun you down. that will really put the pin in your argument.
it is clear that folks who have demonstrated they will abuse their 2a rights, by doing so committing violent acts - armed burglary, armed robbery, felony assault, felony battery, attempted murder, murder,
ought not be allowed them again. as long as they could be let back out into society. i’m not talking about the guy who walks into a store and doesn’t see a sign, or even on school grounds, or has a bullet in his pocket somewhere,’or a guy travelling between states while armed, or any stupid little procedural thing where she’s not hurting anyone. or even for crimes that may be technically felonies but aren’t violent ones.
it has nothing to do with buying into anything liberal. it has everything to do with narrowing the scope to only people who commit violent crimes with guns. he ones who’ve proven they will abuse that right. i am against zero-tolerance logic and you position is more liberal zero-tolerance, non-thinking, than mine.
when these people’commit crimes again with guns and’murder’people the blood will be on your hands and you will have to answer their loved’ones asto why it wasn’t common sense not to allow guns back i to these criminals’ hands again. the blood will be on you. but you’ll have your precious zero-tolerance non-think re-arm the violent felons that get out of jail law.
we agree to disagree. move on.
no prob. :-)