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sactowndog

Domestic Abusers and Guns

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On 2/3/2023 at 9:41 AM, NVGiant said:

This is a great point. I mean, while advocating for the rights of the accused, a position I am sympathetic to, are we also arguing that we should shut down jails and the bail system? By definition the detainment of the accused means taking away rights before conviction. 

These kinds of arguments can get so muddled. Lines have to be drawn somewhere, and I think in any case a judge needs to have some discretion. Leaving it to a judge is not a perfect solution either, but it at least allows some room to take individual case details into account.

I’m not sure your point is accurate.  Here is what I read…

In the 2022 New York State Rifle & Pistol Association v. Bruen decision, the Supreme Court said that the government must prove that any gun regulation is “consistent with this Nation’s historical tradition of firearm regulation,” and because the Constitution’s Framers didn’t stop domestic abusers from possessing guns, we can’t either. As Ian Millhiser points out in Vox, it was not until 1871 that a state court determined that “a husband has no right” to beat his wife. 

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On 2/3/2023 at 9:33 AM, NVGiant said:

I'm a big gun advocate? Cool. Anywho, I think we're both trying to make an argument from the same side. I'm just a lot better at it than you.

Per this analysis your caveat at least currently appears to be incorrect 

https://heathercoxrichardson.substack.com/p/february-3-2023?utm_campaign=post

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On 2/4/2023 at 8:47 PM, sactowndog said:

Per this analysis your caveat at least currently appears to be incorrect 

https://heathercoxrichardson.substack.com/p/february-3-2023?utm_campaign=post

Only morons like Milhouse and those who think he has ever had a good point, ever, see 1871 and think 152 years is not in the historical tradition. :rolleyes:

We’re all sitting in the dugout. Thinking we should pitch. How you gonna throw a shutout when all you do is bitch.

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On 2/5/2023 at 10:29 AM, thelawlorfaithful said:

Only morons like Milhouse and those who think he has ever had a good point, ever, see 1871 and think 152 years is not in the historical tradition. :rolleyes:

I believe Milhouse just stated a fact…..

 it was not until 1871 that a state court determined that “a husband has no right” to beat his wife. 

If you believe this fact to be inaccurate please post said case to refute it.  I would be happy to hear it.  
 

As for the subject at hand, multiple analysis I have read of the 5th Circuits opinion do not agree with @NVGiant belief that this decision allows for a judge to take away firearms from a domestic abuser based.  This belief is based upon the Courts use of Thomas’s test in Bruen.  

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On 2/5/2023 at 11:50 AM, sactowndog said:

I believe Milhouse just stated a fact…..

 it was not until 1871 that a state court determined that “a husband has no right” to beat his wife. 

If you believe this fact to be inaccurate please post said case to refute it.  I would be happy to hear it.  
 

As for the subject at hand, multiple analysis I have read of the 5th Circuits opinion do not agree with @NVGiant belief that this decision allows for a judge to take away firearms from a domestic abuser based.  This belief is based upon the Courts use of Thomas’s test in Bruen.  

Alleged domestic abuser. An accusation is not a conviction.

We’re all sitting in the dugout. Thinking we should pitch. How you gonna throw a shutout when all you do is bitch.

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On 2/5/2023 at 12:37 PM, thelawlorfaithful said:

Alleged domestic abuser. An accusation is not a conviction.

From what I have read it’s not clear it matters assuming the conviction is not upgraded to a felony.   I’m still reading up on it so if you have data otherwise would be good to see.   Not many decisions based on Bruen have been issued yet.   We shall see if this case makes it to SCOTUS.  The Kavanaugh concurrent opinion would indicate it might.  

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On 2/5/2023 at 3:46 PM, sactowndog said:

From what I have read it’s not clear it matters assuming the conviction is not upgraded to a felony.   I’m still reading up on it so if you have data otherwise would be good to see.   Not many decisions based on Bruen have been issued yet.   We shall see if this case makes it to SCOTUS.  The Kavanaugh concurrent opinion would indicate it might.  

It wasn’t a conviction. It was a civil restraining order which aren’t hard to get. 

We’re all sitting in the dugout. Thinking we should pitch. How you gonna throw a shutout when all you do is bitch.

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On 2/5/2023 at 4:42 PM, thelawlorfaithful said:

It wasn’t a conviction. It was a civil restraining order which aren’t hard to get. 

I’m aware of that fact.   My point was assuming the conviction was a misdemeanor, which most domestic abuse cases are, then from my reading I don’t think it matters.  Based on Bruen you can’t take away the guns.  

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On 2/5/2023 at 11:29 AM, thelawlorfaithful said:

Only morons like Milhouse and those who think he has ever had a good point, ever, see 1871 and think 152 years is not in the historical tradition. :rolleyes:

Haven't you heard ?

The GQP and it's Council of Six believe in Originalism.

1850 is just around the corner for these dickheads.

"We don't have evidence but, we have lot's of theories."

Americans Mayor

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How soon before we start seeing the Family Xmas pictures or Political Photo Ops were the entire family is sporting long guns and spliffs ?

 

Ban on marijuana users owning guns is unconstitutional, judge rules

Lawyers argued second amendment right was violated by law that makes it illegal for ‘unlawful users of controlled substances’ to possess firearms

 

https://www.theguardian.com/us-news/2023/feb/06/ban-on-marijuana-users-owning-guns-is-unconstitutional-judge-rules

"We don't have evidence but, we have lot's of theories."

Americans Mayor

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