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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNinth Circuit finds that convicted felons also have Second Amendment rights
LOS ANGELES (CN) A Ninth Circuit panel Thursday ruled that a blanket prohibition on convicted felons possessing firearms violates their Second Amendment rights, at least when it comes to nonviolent offenders who served out their sentence.
In a split decision, the three-judge panel threw out firearm possession conviction of a Los Angeles member of a street gang who had five prior felony convictions and was later sentenced to 51 months in federal prison for being a felon-in-possession.
Writing for the majority, U.S. Circuit Judge Carlos Bea, a George W. Bush appointee, said the landmark 2022 U.S. Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen requires that the government shows that there is a historical tradition that supports the categorical prohibition on defendants such as Steve Duarte possessing a firearm.
This, according to the judge, the government failed to do because there was no analogous law at the time of the Founding Fathers that someone like Duarte would have been deprived of their right to bear arms. In fact, the judge said, his offenses would have been considered misdemeanors rather than felonies or not even have existed at all in the 18th and 19th centuries.
https://azmirror.com/2024/05/13/ninth-circuit-finds-that-convicted-felons-also-have-second-amendment-rights/
live love laugh
(13,276 posts)jimfields33
(16,379 posts)getagrip_already
(15,167 posts)Weren't really crimes back then.
So why prosecute them now?
LiberalFighter
(51,703 posts)getagrip_already
(15,167 posts)Or enter into contracts.
I'm sure there are a lot of simply anachronistic laws as well.
duhneece
(4,139 posts)Blues Heron
(5,975 posts)Its a little bonkers.
rockbluff botanist
(79 posts)Using that logic, why don't these originalist judged go back to the original guns of that time. Black powder guns are readily available today. My brother often hunts during black powder season. He says its very interesting and challenging.
Irish_Dem
(49,038 posts)We don't live in the 18th or 19th century.
Our founding fathers did not dream of the day where good men, women and children would
be slaughtered on a weekly basis with military grade weapons.
When will the judiciary work for We The People?
When will they stop the bloodshed?
The judiciary is complicit in murder.
They are supposed to work for the people.
Celerity
(44,063 posts)LeftInTX
(26,021 posts)"I'm not saying that they're aliens, but it was aliens"
What a BS decision....
Referring to 18th and 19th century crimes...
Grins
(7,306 posts)And who does he have to thank for Bruen??
Clarence Thomas!