Good News For Non Violent Felons

Discussion in 'National Laws, Bills and Politics' started by Malum Prohibitum, Jun 6, 2018.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    "Now, Hatfield brings this as-applied challenge to 18 U.S.C. § 922(g)(1)—the statute that bans him from owning a gun—on the grounds that it violates his Second Amendment rights. Hatfield embeds his argument in United States v. Williams, 616 F.3d 685, 692 (7th Cir. 2010), which instructed that "[the Supreme Court's decision in D.C. v. Heller, 554 U.S. 570 (2008 ) referred to felon disarmament bans only as `presumptively lawful,' which, by implication, means that there must exist the possibility that the ban could be unconstitutional in the face of an as-applied challenge." If there is any case that rebuts that presumption, it is this one. So for the following reasons, the Court GRANTS summary judgment in favor of Plaintiff Larry E. Hatfield."

    http://claytonecramer.blogspot.com/2018/05/good-news-for-you-non-violent-felons.html
     
    UtiPossidetis and EJR914 like this.
  2. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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  3. Glockenator

    Glockenator Active Member

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    Good. A stupid mistake, that did not physically hurt anyone, which someone owns up to and paid the price for should not make that person ineligible to protect his/her life. Every once in a while, our legal system (not necessarily a Justice System), shows a little common sense.

    Hell, I don't want any violent criminal walking around public with a gun. But everyone has a natural right to defend their life on their own freaking property, anyway.
     
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  4. EJR914

    EJR914 Cheezburger Operator

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    Also, if people are too violent that they can't be trusted with a firearm, what are they doing outside of prison anyway? We live in a country with a lot of firearms, and if someone is so violent they can't be trusted with one they shouldn't be walking out here with the rest of us it's just very easy to get a firearm.
     
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  5. UtiPossidetis

    UtiPossidetis American

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  6. Nemo

    Nemo Man of Myth and Legend

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    Most Interesting. They have created another level of review. More than intermediate scrutiny and less than strict.

    Nemo

    https://scholar.google.com/scholar_...97&q=Hatfield+v.+Sessions&hl=en&as_sdt=200003

     
  7. Nemo

    Nemo Man of Myth and Legend

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    Read the opinion. That was a substantial part of their reasoning. Heavily based on the fact this case was a negotiated plea agreement.

    Nemo
     
  8. moe mensale

    moe mensale Well-Known Member

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    But it's perfectly legal for agents of the state to lie to us if it serves their purposes.
     
  9. moe mensale

    moe mensale Well-Known Member

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    Everyone has a natural right to defend their life anywhere they happen to be. Your right to live doesn't and shouldn't end at your threshold.

    "Violent" felons shouldn't be turned loose in the general population. They should be locked up permanently or better still, just disposed of. Recidivism shouldn't be something to aspire to.
     
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  10. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    I wish this case would become well publicized, but I fear it will not. Likely some future case will prompt the 7th Circuit (based in Chicago) to review this area of law, and that appellate court will hold that a categorical lifetime gun ban on all felons (and all violent misdemeanants) is just fine under the 2A, Due Process, and any other constitutional doctrine.

    Right now, this case only controls in the southern district of Illinois.
     
  11. EJR914

    EJR914 Cheezburger Operator

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    You darn right! We've got things exactly backwards!
     
  12. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    Right, but.... that's for our own good - the good of the people. Right? No?
     
  13. Nemo

    Nemo Man of Myth and Legend

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    Didn't the 7th CoA shoot down the concealed ban in IL? They may not shoot this down and let it get on road to SCOTUS.

    Nemo