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5th Circuit overturns federal ban on possession by those subject to a DV restraining order
Opinion here. Now, the defendant was someone who ought to be behind bars, for a long time, and fn. 4 suggests that he will be behind bars for a time on state charges. Given that, I wonder why the federales brought charges, over what was the least of his offenses. Maybe looking for publicity?
The Fifth Circuit notes that, under Bruen, the test is text, history, and tradition, and the analogs the government advanced were either inappropriate (the Militia Act of 1662, which was part of the basis of the 1688 Declaration of Rights) or simply stretching things too far.
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Yes Hoping for This Too Anonymous. Why would 922(o) EVER Stand in this Context???!
Am I correct in my understanding of the progressive nature by which prohibited persons have been iteratively created under federal law?
At first people could be prohibited from keeping arm if they were convicted of a violent felony. Then they made it to include conviction of any felony. Then they made it to include conviction of a misdemeanor crime domestic violence. Then they made it to include being subject to a civil restraining order for domestic violence. Am I correct? If so, that’s quite a pattern. Is there any logical stopping point to such a pattern?
Carl from Chicago, you left out the classification of any misdemeanor punishable by greater than two years as a felony for the purposes of 922(g) (1) (defined at 18 U.S.C. 921(a)(20)).
That was a good read....and my take is that they REALLY...didn't like the fact that they don't get to put their thumb on the scale anymore (determining what level scrutiny they will let you have on your right). The concurrence gets it. Based on this opinion, if upheld En banc...then I see them striking down most of the NFA...perhaps they let 922(o) stand...but the rest of it, I just don't see it. Let's see what Texas does in Paxton v. Richardson (4:22-cv-00143).