Meanwhile, challenges to other provisions of federal law are gathering steam in lower courts.
Earlier this month, the 3rd U.S. Circuit Court of Appeals in Philadelphia targeted another provision, 922(g)(1), that prohibits felons from possessing guns. The court ruled that the law was unconstitutional as applied to people convicted of nonviolent crimes.
In reaching that conclusion the court said there was no historical tradition of people being disarmed after being convicted of nonviolent crimes.
Other rulings on different provisions, including ones prohibiting people under felony indictment and users of illegal drugs, from possessing firearms, have followed a similar pattern. …
Both gun control advocates and gun rights supporters agree that the court should take up the Rahimi case because the Bruen case has led to such disparate results in lower courts.
“We would be thrilled to get further clarification from the court on these issues,” said William Sack, a lawyer at Firearms Policy Coalition, a gun rights group.
For those favoring gun control, the hope is that there is a majority on the Supreme Court that will uphold long-standing provisions like the one at issue in the Rahimi case. To do so without overturning Bruen, they would need to find that those restrictions are consistent with the historical understanding of the Second Amendment.
The path to victory likely involves winning the votes of Chief Justice John Roberts and Justice Brett Kavanaugh.
Although both were part of the 6-3 conservative majority in Bruen, Kavanaugh wrote a separate concurring opinion joined by Roberts in which he outlined what he called “the limits of the court’s decision,” making it clear that the Second Amendment does allow for gun regulations.
Citing previous court rulings, Kavanaugh specifically highlighted the prohibition on the possession of firearms by felons and people with mental illnesses as an example of laws that were not under threat.
“If you add up the votes, the two of them together [Roberts and Kavanaugh] were necessary for the majority. I think everything they said will guide them when they are looking at the next case,” said Janet Carter, a lawyer at Everytown for Gun Safety, a group that backs gun restrictions.
— Lawrence Hurley in Supreme Court considers recoil from landmark gun rights ruling
This is all sound and fury, signifying nothing. The Democrats/communists will eventually get the trifecta of presidency, House and Senate with slim majorities. When that happens is anyone’s guess, but when they do, they’ll butcher the filibuster, expand the Supreme Court, and overturn Bruen once a case has been fast-tracked through the lower courts.
Count on it.
The hard-core fascists may want very badly to expand the court, but it’s not popular in the polls with their own people, and quite a few of them aren’t comfortable with the idea.
That doesn’t mean it won’t happen, of course. Those insane for power are very dangerous… 🙁
“Those insane for power are very dangerous… 🙁“
Yes they are, fortunately the wannabe dictators are being held to account:
“The legal theory by which he gets to take battle plans and sensitive national security information as his personal papers is absurd. It’s just as wacky as the legal doctrine they came up with for having the vice president unilaterally determine who won the election,” Barr told Robert Costa on CBS News’s “Face the Nation” in an interview Sunday morning.
Trump was not charged with violating the Presidential Records Act, but he and some supporters have cited the act to claim Trump was allowed to take the sensitive material after he left the White House.
“The whole purpose of the statute, the Presidential Records Act, was to stop presidents from taking official documents out of the White House. It was passed after Watergate. That’s the whole purpose of it. And therefore, it restricted what a president can take. It says it’s purely private, that have nothing to do with the deliberations of government policy,” Barr said Sunday.
“Obviously, these documents are not purely private, it’s obvious. And they’re not even now arguing that it’s purely private. What they’re saying is the President just has sweeping discretion to say they are, even though they squarely don’t fall within the definition. It’s an absurd argument,” Barr added.”
https://thehill.com/homenews/4056167-barr-blasts-trumps-defense-in-document-case-as-absurd/amp/
Miner69er is obsessed with and sexually attracted to Donald Trump. 69er gets a hard on when he lists Trumps actions. It really turns him on, especially when he does it in a public forum.
minor49Iq…You have as much credibility as the p-p hoax, etc. What happened with all of the slander and libel you cheered about?
On the other hand…By his own spew oldshtgeoff despises POTUS DJT and his voters as much as you do…In this case bozo, you are preaching to one of your choir members.
“Miner69er is obsessed with and sexually attracted“
Johnny on the Spot, how interesting that you immediately think of a same sex insult, gives us a good idea of exactly what movie is playing in your mind at any given time.
You seem to spend an inordinate amount of time thinking about same sex acts with men, why don’t you let yourself go and try some of that, free your mind and your ass will follow.
“minor49Iq…You have as much credibility as the p-p hoax, etc“
It’s not my credibility that I’m citing here, but rather trumps own appointee, attorney general of the United States of America William Barr.
It is fascinating that so many who would considers themselves ‘patriots’ on this list, could give a shit less about the continuing threat to our national security presented by Donald Trump and his co-conspirators. I’m sure Benedict Donald appreciates your continued aid and comfort.
And Donald Trump‘s own SecDef agrees:
“Former Defense Secretary Mark Esper on Sunday said former President Trump has been described as a “hoarder” of classified documents, in the wake of Trump facing federal charges over his alleged mishandling of some of the nation’s top secrets.
“People have described him as a hoarder when it comes to these type of documents. But, clearly, it was unauthorized, illegal and dangerous,” Esper said of Trump.
“And, look, we have a case playing out right now in Massachusetts where that young airman from the Massachusetts National Guard is being charged on similar types of accounts under the Espionage Act for taking and retaining unauthorized documents that affected our national defense.”
Trump earlier this month pleaded not guilty to 37 counts related to allegations that he violated the Espionage Act and obstructed justice by taking classified records with him after his presidency and then refusing to turn them over to the government.”
https://fox4kc.com/politics/hill-politics/esper-trump-known-as-hoarder-of-classified-documents/amp/
“…geoff despises POTUS DJT and his voters as much as you do…”
No, I despise people you who will be fully responsible for putting dribble-cup Joe back into office due to your own pigheadedness.
No real surprise, since you likely resemble their temperament… 🙂
Grilling up more nothingburgers than impossible foods.
“Those insane for power are very dangerous… ”
speaking of which…
The Inconvenient Truth About the Republican Party!
Nothing new here, miner. The tyrant in the white house has identified a threat to the new Fourth Reich. So he has directed the system he controls to grind that threat down. A story that is as old as man.
He, and by extension, you, are making the same mistakes that those who started the Third Reich made. You need to wait until you’ve won the war BEFORE you start committing crimes against humanity.
We will have a Nuremberg 2.0. And you will be invited.
MINOR Miner49er. So sorry, “ole boy”, but you and your Leftist cronies are the control freak dictators here. You wish to make each and every American unable to defend themselves should the need arise.
As usual you have things arse backwards. It seems that Trump is charged under the Espionage Act. Not the “Presidential Records Act”. NIce try,
You probably weren’t alive or any more aware of what actually happened with Watergate. Proves once again your blatant stupidity with history. Hillary’s new email hat looks good on you.
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“the continuing threat to our national security presented by Donald Trump”
Everyone (with a brain) knows there was no threat. This isn’t about protecting national security. The smart Democrats understand that. They pretend like this is about law and order or protecting our security so the ignorant and low IQ drones will eagerly follow along. Follow along obedient servant!
“fortunately the wannabe dictators are being held to account”
LOL! Do those secret documents contain the power to rule (or even govern) over us? Was he going to use super secret battle plans to take over America and oppress us?? What if he made copies LOL? Low IQ drones gonna low IQ drone…
This is the same clown that told us that Hillary didn’t break any laws by storing thirty thousand classified emails on her personally owned server. He also told us that you could just remove the classification markings from a document to make it unclassified. No, we haven’t forgotten that.
MajorLiar,
Dude, OWN your same-sex attractions!!! Nothing to be ashamed of!
So you’re queer as a $3 bill (not that there’s anything wrong with that)? So what?
You’re not ASHAMED of it, ARE YOU, MajorLiar?????
Own your s**t, MajorLiar, instead of ALWAYS being the lying, propagandist, Leftist/fascist that we all KNOW you to be.
Miner49er has Trump Derangment Syndrome
No matter the topic it all comes back to the former president for 49er. This morning the yolk on his over easy egg broke and he blamed Trump
Those insane for power are very dangerous… ”
also speaking of which…and not to forget that the left wing democrat private army ANTIFA is their modern day re-incarnation of the Democrats created KKK…
The Inconvenient Truth About the Democratic Party | REACTION.
A KKK and the NAZI Stürmabteilüng amalgamation. The goal being to Rule not by Laws, but by Mob Rule, and the sanctioned threat of Terror and Violence.
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You really male that much taking it up the arse?
“In reaching that conclusion the court said there was no historical tradition of people being disarmed after being convicted of nonviolent crimes.”
And, just who is it nowadays seriously suggesting that *speech* is ‘violence’?
As I’ve said here in years past, if we win big on gun rights, watch how fast they will do everything they can to make as many as they can legally-prohibited from firearms rights.
Example – Get into a heated argument at work? Someone who can’t control their emotions shouldn’t be allowed to own a gun.
Etc, etc, et-fucking-cetera.
We won big with Bruen, but the hard work is still ahead of us… 🙁
“Someone who can’t control their emotions shouldn’t be allowed to own a gun“
Amazing, you are advocating that emotionally unstable individuals should have easy access to firearms…
Fascinating.
@Miner49er
its amazing that you equate your mental health illness obsession with Trump as a counter to just about everything.
he was never “advocating that emotionally unstable individuals should have easy access to firearms…”
nor did he say that.
you read that into it by use of your confirmation bias and having no knowledge of what ‘context’ is.
“Someone who can’t control their emotions“ is by definition “emotionally unstable”.
To pretend otherwise is ridiculous.
“instability
n. in psychology, a tendency toward lack of self-control, erratic behavior, shifting attitudes and beliefs, and rapidly changing or excessive emotions.“
https://dictionary.apa.org/instability#:~:text=n.,rapidly changing or excessive emotions.
@Miner49er
“To pretend otherwise is ridiculous.”
the only one pretending is you. you pretend he was “advocating that emotionally unstable individuals should have easy access to firearms…”
and he never did. you completely made up your own ignorant slant like you do with almost every thing. stop trying to defend your obvious lies and get some help from a mental health professional and look into taking a reading literacy course to learn not to read confirmation biased and to find out what context means.
MajorLiar,
““Someone who can’t control their emotions“ is by definition “emotionally unstable”.
To pretend otherwise is ridiculous.”
Oh, WE all know that, MajorLiar – we have YOU as a daily example. What WE are objecting to, you gormless moron, is having people like YOU be in charge of DEFINING who/what “mental instability” is, and who has it. Capisce, you mouth-breathing, lying, Leftist/fascist idiot?????
I’m advocating for literacy programs, because you completely misread what he wrote.
I’m sure you’d never intentionally do that to create a straw man.
Start working from home! Great work for-Ever, Stay at Home Moms OR anyone needs an extra income. Get started. You only need a bgh computer and a reliable computer connection so don’t get late try……. https://2no.co/profitcash1
minor49iq you ersatz mr. spock…According to historical accounts Gun Control is Rooted in Racism and Genocide. Yes or No.
Unlike you, most of us on here feel the same way when it comes to putting them into political office also.
Trumps Neanderthals on the court are not intelligent enough to split the decision and let people who committed non-violent crimes own guns and prohibit mentally ill people from owning them so they will simply uphold the prior ruling.
Which means you will not be able to legally own a gun.
He and his antifa troop have other less legal methods of acquiring weapons.
You could almost microwave a bag of popcorn with all the ankle bracelets in close proximity.
dacian, the DUNDERHEAD. Sorry “pal’, but your HIPPA law forbids the disclosure of health information of any kind to your beloved ‘universal background check” system. Don’t you hate it when your stupid remarks come back to bite you in the arse?
To Walter the Beverly Hillbilly
Another nonsensical post. In reality the Universal Background Check would require you to volunteer that information via a background check waiver and if you refused you would have that right but you would not be able to purchase the firearm. Really Hilljack are you that stupid!!!!!!
Woah cool it with the antisemitism bud.
Do YOU know what a woman is? Probably, not.
dacian the demented dips**t,
We find it amusing that you think (i) criminals will “obey the law” with respect to ANY new law, and (ii) that you are too stupid to realized that criminals have figured out myriad ways to skirt/flout/evade “the law”.
It’s so cute, how deranged and naive you unquestioning belief in government is, you drooling imbecile.
Kavanaugh has been a major disappointment IMHO, even as much as Roberts has been. He wasn’t worth the battle pushing through his appointment. We all would have been better off if he would have been dropped early on when issues with his past behavior first came to light.
“We all would have been better off if he would have been dropped early on when issues with his past behavior first came to light“
I certainly agree with that!
Don’t worry, we will have a remedy when we expand the Supreme Court to match the number of federal circuits, as ‘history and tradition’ dictate.
RE..minir49iq “Don’t worry, we will have a remedy when we expand the Supreme Court to match the number of federal circuits, as ‘history and tradition’ dictate.”
When the day comes the racist and nazi History of Gun Control matters to you and the party of slavery, Jim Crow, etc. then you can talk about history and tradition without being the colossal hypocrite you are.
Hopefully the gop will do the expanding. But thanks for the suggestion.
MINOR Miner49er, So far that “solution” has fallen on deaf ears.
Yet, I can see you clapping and cheering about a Justice getting confirmed that can’t differentiate between males and females. Jumanji Jacksin-Brown being said Justice. A woman that had more cases overturned by Higher Courts who has a history of lacking both Comnon Sense and Precedence.
TTAG! Great Morale Patch Idea from Walter there.
‘”Never Go Full Miner”
Expand to include
“Never Go Full Dacian”
And for Alfred
“Brit Blokes Never Listen”
Walter?
Dude, problem?
I was replying to Bemused Berserker. For context, see my comment below as well as his comment.
I feel the same about you.
MajorLiar,
Two questions, you illiterate moron:
1. Since what year has SCOTUS consisted of nine justices?
2. What year was the 11th Circuit Court of Appeals established?
Now, define “history and tradition”, you lying liar who lies. You are too f**king stoopid to breathe without help, you drooling Leftist/fascist liar. Go back to your afternoon circle jerk, you lying liar who lies.
“when issues with his past behavior first came to light.”
You mean liking beer? What other issues with his past behavior came to light? They never proved that he even met that crazy “believe all women” proven liar. That lying accuser even changed around the year she was supposedly assaulted until the dems gave her a lawyer. The crazy, proven liar even tried to talk her old friend into lying for her. The crazy liar’s other witnesses didn’t remember seeing Kavanaugh at that fictional get together. Please fill me in on what I’m missing. If you don’t like Kavanaugh, that’s one thing. But to go full Miner was uncalled for. Never go full Miner.
RE: “In reaching that conclusion the court said there was no historical tradition of people being disarmed after being convicted of nonviolent crimes.”
In America there is a confirmed history of people being denied means of self defense because they were Black, etc. Gun Control zealots know that and that is why Gun Control zealots have renamed Gun Control time and time again. They would prefer their media cohorts not use Gun Control but the media is too stupid to take all the hints.
Notice the very specific use of the term “longstanding.” This word comes directly from Heller, where Scalia said that Heller should not “cast doubt on longstanding prohibitions …” followed by a few examples of gun control laws in place at that time. And of course, the gun-haters regurgitate those few words ad nauseam in the effort to convince anyone who will listen that Heller found those laws to be Constitutional!
NOTHING could be further from the truth!
The original paradigm set by Heller is just now FINALLY coming to light, and the gun-haters have been caught totally by surprise (because they live in their own self-repeating bubbles) and they are terrified!
Here’s the key:
That infamous paragraph in Heller was clarified by a footnote! The most IGNORED footnote in the history of Supreme Court opinions!
That footnote states: “We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.”
KEY WORD: “PRESUMPTIVELY!”
Heller was about one single issue, whether the Second Amendment guaranteed an individual right to keep an operable firearm in one’s own home. That’s it.
When Scalia mentioned the plethora of other gun-control schemes, it was out of scope of Heller, therefore, he SPECIFICALLY stated that while Heller did not strike down those laws, those laws are also PRESUMPTIVELY LAWFUL. “Out of scope” works both ways, Heller did not consider those issues, leaving them for future cases to decide.
Guess what: Bruen IS one of those future cases, and Bruen DID DECIDE that some of those laws PRESUMED to be lawful at the time of Heller, are, and in fact, were not lawful, even then!
Don’t lose track of this critically important point. The gun-haters want you to believe that Bruen was some radical change in gun law, while in fact, it was not. This eventual, and even inevitable outcome was clearly referenced by Heller, way back in 2008!
The gun-haters simply chose to ignore it, and lie about it, in the hopes that a Bruen case would never come.
They were wrong.
The genius of Thomas was gutting the two-step process.
Before the decision was announced, we were hopeful of getting strict scrutiny, but got something so much better.
In the years since the ‘Heller’ decision, Thomas saw first-hand the kind of games the fascist left would play with Heller, and it was right out of the fucking gate when they claimed Heller applied to DC only. Forcing us to go to the Chicago McDonald decision to force them to comply.
And ever since, as proven by NY state’s new ‘carry law’, they plan on fighting Thomas tooth and nail.
I do believe Thomas will be happy to give them his full, undivided attention as he did in ‘Bruen’…
*Snicker* 😉
Bravo, well said! But our Leftist “comrades” will ignore what you have so deftly stated.
My take as well. Breun has the potential, but what it does lack, as we’ve already seen in some lower court Post Breun decisions., is Teeth.
Ironic that gun control attempts forced less control and may in fact lead to even less control in a direction few wanted on either side
You would think the fascist left would learn not to push Thomas on the 2A.
Fuck’em, I hope it gets granted cert., and he teaches them a lesson they never forget… 🙂
Not holding my breath on SCOTUS. Enforce those decision’s big time & I’ll care. Like in ILLANNOY. Meanwhile I’ve accumulated this n that for the coming apocalypse🙄🙃
Judges change Rights.
Freedom 🇺🇸🥰
Why is a felony conviction a life sentence for anyone? Do something stupid as a youngster and it will follow you long after you served the sentence and paid any costs imposed by the courts.
What should be is anyone, no matter the crime, when they have served a sentence, and paid any restitution or fines imposed by the courts, their rights should be restored automatically.
You’ve paid for the crime. If someone is dangerous, or somehow a threat to society, they should not be out of prison. if you can’t be trusted with the same basic civil rights as anyone else, then you can’t be trusted to be out in public.
I have an issue with civil forfeiture laws as written/enforced today as well. Currently, property can and is confiscated if someone is arrested, but before convicted, or before due process in the courts. prove in court someone used illegal gains to purchase the property, and use that property to repay the victims of the crime, sure, not a problem. Confiscate property without actually proving in court that it was used for or purchased by the proceeds of a crime, with local agencies or government getting the property/money, absolutely not.
My belief as well. If someone’s that much of a Threat to Society, that a Fundamental Right must be denied to them, then they shouldn’t be a part of Society ever again.
With the recidivism rate of Violent Offenders that are at their highest point in our history, you and I, are not wrong.
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