5th Circuit says firearm prohibition because of domestic violence restraining order not valid.

[Mitch Dufour]

https://assets.nationbuilder.com/firearmspolicyfoundation/pages/3970/attachments/original/1675361904/United_States_v_Rahimi_Opinion.pdf

Curious to watch this one and see what it does to the 'red flag' laws.

 

[IBWP]

Thanks for posting this Mitch.
Chuck H (IBWP), formerly of Ruston.

 

[Emperor]

Everyone should be thankful that competent judges are doing their jobs impartially, and actually adhering to precedent and not emotion or political persuasion.

I agree. This will have a huge impact on "Red Flag" laws. They will be challenged to death!

 

[MOTOR51]

Are they trying to change the law to allow persons under a restraining order to possess a firearm?


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[buttanic]

Brett Kavanaugh May Have Quietly Sabotaged Clarence Thomas’ Extreme Gun Ruling

Don’t assume the Supreme Court will uphold recent decisions vastly expanding the Second Amendment.

slate.com

 

[Jstudz220]

Here’s a pretty good video explaining the situation and what’s going on.

 

[thperez1972]

Are they trying to change the law to allow persons under a restraining order to possess a firearm?

They're saying that a person accused of a crime doesn't lose their fundamental rights based only on an accusation. It's that pesky "innocent until proven guilty" thing some people are always spouting off about.

 

[MOTOR51]

They're saying that a person accused of a crime doesn't lose their fundamental rights based only on an accusation. It's that pesky "innocent until proven guilty" thing some people are always spouting off about.

I believe BR issues an automatic protective order if you are arrested for domestic violence and I’m perfectly fine with that.


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[buttanic]

“The Framers Weren’t Perfect, but They Weren’t Fools”: Biden Administration Loses Another Gun Rights Case

We recently discussed the ruling of the United States Court of Appeals for the Fifth Circuit striking down a ban on gun ownership by individuals accused of domestic abuse. Now, U.S. District Judge …

jonathanturley.org

 

[frankinola]

that ruling applies to just Federal law, not state law. If the LA judge imposed a firearm prohibition under state law, it still exits.

 

[thperez1972]

I believe BR issues an automatic protective order if you are arrested for domestic violence and I’m perfectly fine with that.

You're fine with the protective order, the no firearms that comes with it, or both?

 

[MOTOR51]

You're fine with the protective order, the no firearms that comes with it, or both?

Honestly both.


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[thperez1972]

Honestly both.

Fair enough. And I can see that. I think the reason this can be viewed as a win is it can reign in red flag laws that don't include any due process.

 

[MOTOR51]

Fair enough. And I can see that. I think the reason this can be viewed as a win is it can reign in red flag laws that don't include any due process.

Agreed


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[Jstudz220]

I believe BR issues an automatic protective order if you are arrested for domestic violence and I’m perfectly fine with that.


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The issue lies a lot of times with divorces. It’s pretty common practice for a lawyer to tell his client to get a restraining order on the other party. This can happen regardless if the couple was violent in any way and without the other parties knowledge of it happening. It would be pretty crappy to find out your wife’s cheating on you so you file for divorce only to later find out you also just lost your gun rights because she has a restraining order on you because her lawyer advised her to do so.

This is a huge win for anyone who supports the 2nd amendment and freedom in general. It takes away they governments ability to strip anyone’s rights without due process.

 

[Mitch Dufour]

"take the guns first, go through due process second." .... D.J. Trump 2018

 

[MOTOR51]

The issue lies a lot of times with divorces. It’s pretty common practice for a lawyer to tell his client to get a restraining order on the other party. This can happen regardless if the couple was violent in any way and without the other parties knowledge of it happening. It would be pretty crappy to find out your wife’s cheating on you so you file for divorce only to later find out you also just lost your gun rights because she has a restraining order on you because her lawyer advised her to do so.

This is a huge win for anyone who supports the 2nd amendment and freedom in general. It takes away they governments ability to strip anyone’s rights without due process.

I get that scenario and agree with you.


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[GunRelated]

"take the guns first, go through due process second." .... D.J. Trump 2018

Maybe we should do like everyone else and pretend that Mr Warp Speed never said that.