[Nemo]

Per 5th CoA, 2A is not affected by protective order.

Nemo

People under domestic violence orders can own guns -U.S. appeals court rules

Last June, a Supreme Court ruling granted people the right to carry firearms outside the home.

www.reuters.com

horror of horrors

Court Strikes Down Ban On Gun Ownership For Certain Domestic Violence Offenders

The Supreme Court decision requiring gun laws to be bound by the standards of the 18th century continues to have ramifications.

www.huffpost.com

 

[Malum Prohibitum]

Appeals court strikes down gun ban for people with domestic violence restraining orders

An appeals court panel on Thursday struck down a federal law banning people who have domestic violence restraining orders from possessing firearms. The 5th Circuit three-judge panel, all nominated …

thehill.com

“Through that lens, we conclude that § 922(g)(8)’s ban on possession of firearms is an ‘outlier that our ancestors would never have accepted.’ Therefore, the statute is unconstitutional, and Rahimi’s conviction under that statute must be vacated,” Judge Cory Wilson, a nominee of former President Trump, wrote.​

 

[Malum Prohibitum]

Bingo!

Here is the opinion

DocumentCloud

www.documentcloud.org

 

[Nemo]

And in PDF, attached below.

Concurrence said it clearly and succinctly in the first paragraph.

Nemo

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 England 139–40 (1765)).

 

[Nemo]

Vox is worse regarding the crazy ranting.

Remember, always know the arguments of the opposition.

Nemo

It’s now legal for domestic abusers to own a gun in Texas, Louisiana, and Mississippi

We’re starting to see the fallout from the Supreme Court’s most recent Second Amendment decision.

www.vox.com

 

[Malum Prohibitum]

Vox is worse regarding the crazy ranting.

Remember, always know the arguments of the opposition.

Nemo

It’s now legal for domestic abusers to own a gun in Texas, Louisiana, and Mississippi

We’re starting to see the fallout from the Supreme Court’s most recent Second Amendment decision.

www.vox.com

" . . . an exceedingly reactionary federal appeals court . . ."

 

[Malum Prohibitum]

One of the most alarming things about Rahimi, moreover, is that it is far from clear that this decision is wrong — at least under a new precedent the Supreme Court handed down last year drastically expanding the Second Amendment.​

It is very alarming to find out that the Constitution has rights in provisions that the Founders drafted after Americans demanded them, and courts are now applying those provisions of the Constitution to mean what they say and protect those rights.

 

[Clark]

If you want to see crazy ranting, just go to Reddit and find the discussion posts about this.

 

[Malum Prohibitum]

If you want to see crazy ranting, just go to Reddit and find the discussion posts about this.

The one that starts with "America's Trumpiest Court?"

I read a dozen or so . . . I feel like I lost IQ points while suffering through that. No actual commentary about the constitution or history or the Second Amendment. No actual substance at all. Just ranting about killing women . . .

 

[Nemo]

And the world will now be coming to an end.

And SCOTUS is wrong, well because they are!

Nemo

Opinion: These judges could have blood on their hands

Using an absurd standard set forth by the US Supreme Court in 2022, the 5th US Circuit Court of Appeals just made it easier for abusive partners to employ deadly violence, writes Jill Filipovic, who argues the ruling sends a chilling message to American women.

www.cnn.com

 

[Malum Prohibitum]

Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions.

www.texastribune.org

In the span of a month during the winter of 2020, Zackey Rahimi was involved in five shootings around Arlington, according to court documents. He shot at someone’s house after selling them prescription narcotics. After getting into a car accident, he shot at a car, returned in another vehicle and shot at the car again. Three days before Christmas, he shot at a constable’s car. And after New Year’s, he fired shots into the air outside a Whataburger after his friend’s credit card was declined.​

So, um, what does that have to do with domestic violence restraining orders and the Second Amendment? Nothing? Oh. Thought so.

 

[Malum Prohibitum]

Originalism Is Going to Get Women Killed

A federal court has ruled that a law barring domestic-violence offenders from owning firearms is unconstitutional.

www.theatlantic.com

 

[seajay]

As if not owning a firearm is going to stop a deranged individual from killing or abusing their family.

 

[DKW]

Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions.

www.texastribune.org

In the span of a month during the winter of 2020, Zackey Rahimi was involved in five shootings around Arlington, according to court documents. He shot at someone’s house after selling them prescription narcotics. After getting into a car accident, he shot at a car, returned in another vehicle and shot at the car again. Three days before Christmas, he shot at a constable’s car. And after New Year’s, he fired shots into the air outside a Whataburger after his friend’s credit card was declined.​

So, um, what does that have to do with domestic violence restraining orders and the Second Amendment? Nothing? Oh. Thought so.

My question is why wasn't he prosecuted and convicted of these "Felony" offenses which would have accomplished exactly what they wanted in the DV order. Seems like a George Soros prosecutor not doing the job.

Looks like they were trying to make an end run around the rules and got slapped down.

 

[Malum Prohibitum]

My question is why wasn't he prosecuted and convicted of these "Felony" offenses which would have accomplished exactly what they wanted in the DV order. Seems like a George Soros prosecutor not doing the job.

Looks like they were trying to make an end run around the rules and got slapped down.

That's a very good question. If he was supposedly running around shooting at folks and committing felonies, why is he out? How many times can you do that in their jurisdiction and still make bond the next time?

 

[Nemo]

Was he busted in between the various non-range activities?

Nemo

 

[Craftsman]

The left has a problem with denying fundamental rights without an adversarial hearing? Just carrying on a grand tradition.

 

[Nemo]

This decision was more horrific than anyone thought. Ask a CNN reporter.

Nemo

https://www.cnn.com/2023/02/12/politics/domestic-abuse-guns-5th-circuit-supreme-court/index.html

 

[Malum Prohibitum]

Two experts in a moderated discussion about domestic violence laws and the Second Amendment. Audio at the link.

Earlier this month, in United States v. Rahimi, the U.S. Court of Appeals for the Fifth Circuit struck down as unconstitutional a decades-old law barring people subject to domestic violence restraining orders from possessing firearms. The ruling comes on the heels of the U.S. Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen last term, which held that the Second Amendment protects the right to carry guns outside the home. Bruen also created a new history-and-tradition test for determining whether gun-control regulations are constitutional, which has led some lower courts to now rule differently on challenges to gun laws—including the Fifth Circuit. In this episode, two scholars and experts on the Second Amendment— Amy Swearer of the Heritage Foundation and Adam Winkler of UCLA School of Law—join to break down the Rahimi decision, which the U.S. Supreme Court may review in a future term, and explore the new landscape of Second Amendment law after Bruen. Host Jeffrey Rosen moderates.​

Domestic Violence Laws and Gun Rights - Podcast | Constitution Center

Podcast for Domestic Violence Laws and Gun Rights from the National Constitution Center

constitutioncenter.org

 

[Nemo]

DoJ has filed an appeal to SCOTUS on this issue.

Nemo

DOJ appeals to Supreme Court after court invalidates domestic violence restraining order gun ban

The Justice Department is asking the Supreme Court to allow a federal ban on gun ownership for individuals under domestic abuse retraining orders to stand.

www.foxnews.com