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 ...
I think we must mandate that felons regain their 2nd Amendment rights after they have served their sentences because the federal and state governments are in the process of making political opposition into felons. If a citizen is so dangerous that they cannot be trusted with firearms then they do not belong out of prison and the government can pay to keep them there. Gun control is just incarceration on the cheap.
Felons can have black-powder firearms, as they don’t fall under the legal definition of firearms.
So don’t be surprised to see gangsters shooting it out with muskets and cap & ball revolvers.
😆
So true and its not like felons abide by the law anyway. If they want a gun they’ll get a gun.
Felon should not possess firearms while incarcerated. But allowed back into the general population, everyone of adult age should be able to protect one’s life with arms. They are not to be used while in the process of, or to perpetrate a crime; nor to threaten, the way I see it.
The RKBA is absolute. There are no exceptions.Felons will get and carry guns.That cannot be stopped. Proper laws criminalize certain uses of guns, such as commission of crimes with them.
I support this decision for 2 reasons:
1. To have ruled otherwise would have given the gun grabbing snakes a hole to slither in to seek through lawfare another frivolous gun law.
2. Someone on this thread said ...”felons will get a gun anyway”. That’s been proven beyond all doubt a million times.
Glad to see this. The idea that felons lose the right to own firearms never made any sense. It was a fig leaf for gun grabbers. The kind of people who would obey this law aren’t career criminals anyway. The ban is a solution looking for a problem.
[Felon should not possess firearms while incarcerated. But allowed back into the general population, everyone of adult age should be able to protect one’s life with arms. They are not to be used while in the process of, or to perpetrate a crime; nor to threaten, the way I see it.]
Re: Tag line:
My dad moved from an 88 to a ‘73 Imperial. I had to use that for my first driving test. Like parallel parking a house.
A friend won the local demolition derby with it years later.
Nope...can’t agree with that.
They’ll need to keep their powder dry.
That’s the right call. If they can’t be trusted to be armed, they should be secured somewhere or dead, not running around loose.
For me, it depends on the felony. Nonviolent felons should not have their second amendment rights removed.
That’s what I came here to say, but you said it better than I could.
Could have the Chicago Police train the gang bangers to do fatal head shots which would lessen hits to innocent bystanders, increase the amount of organs for organ transplants to rich people, lessen gang related ammunition costs.
The Constitution applies to all citizens. Even those we may not like or trust.
Shall not be infringed is pretty clear. I have no problem with it. As Robert Heinlein said “An armed society is a a polite society.”
It was perfectly legal to sell a firearm to a felon before Dec 1968.
Here is an old Texas case I found in the highly suppressed Senate Report on the Right to Keep and Bear Arms 1982
https://guncite.com/journals/senrpt/senrpt.html
17. * Jennings v. State, 5 Tex. Crim. App. 298, at 300-01 (1878).
“We believe that portion of the act which provides that, in case of conviction, the defendant shall forfeit to the county the weapon or weapons so found on or about his person is not within the scope of legislative authority. * * * One of his most sacred rights is that of having arms for his own defence and that of the State. This right is one of the surest safeguards of liberty and self-preservation.”
If a person is deemed fit enough to be out of prison and out in society, all of his rights should be restored. If not - keep them in prison.
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