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Posted on 11/06/2023 7:55:50 AM PST by zeugma
In the email alert from LII (Cornell's Legal Information Institute), which previews cases before the Supreme Court for Oral Arguments, it mentioned the following case to be heard Tuesday:
United States v. Rahimi
Issues:
Does 18 U.S.C. ยง 922(g)(8), which prohibits people under domestic-violence restraining orders from possessing firearms, violate the Second Amendment?
The transcript to the Oral Arguments should be available at the Supreme Court's website around 3pm central time. This one might be interesting.
This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.
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The Left is gunning to have Bruen overturned or at least neutered. Hopefully SCOTUS doubles down on the 2A.
“violate the Second Amendment?”
More like violates the Fourth Amendment, since a restraining order can be issued without a conviction, and it is the 4th Amendment that guarantees your rights cannot be abrogated without due process.
This is a difficult one. How do you balance the safety of the alleged victim of DV with the freedoms of the accused?
easy. arm both of them. that’s how the West was won. oh yeah...practice, practice, practice.
Not difficult at all. these kind of orders are almost always done with no due process at all for the accused. An accusation can't strip you of your rights. If he is convicted of some crime, he can be disarmed during his incarceration, but not after. The right of self defense is inalienable. It comes from God, not the government. The government cannot legitimately restrict it.
Well, the victim could voluntarily choose to go into some kind of protective custody if they are that worried. Then nobody’s freedoms are usurped without due process.
What is difficult; accusing someone of being a bad person is not the same as being convicted of a felony. The alleged victim should not get to strip someone’s rights based on a (usually baseless) accusation. In many states (including mine) this is a boiler-plate item for divorce— file a PFA to stack the deck against the man. If there is a real victim, then they should arm themselves as well.
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