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U.S. District Court finds Some Felons Have Second Amendment Rights
Gun Watch ^ | 7 May, 2018 | Dean Weingarten

Posted on 05/07/2018 5:36:32 AM PDT by marktwain

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A judge that actually applies the law. Amazing.
1 posted on 05/07/2018 5:36:32 AM PDT by marktwain
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To: marktwain

At the time of the founding, there were only seven crimes that were considered felonies. They were murder, rape, manslaughter, robbery, sodomy, larceny, arson, mayhem, and burglary.


We need to go back to that,

Violent crimes should restrict gun ownership. But then the definition of violence would change. In todays world offending is a violent crime.


2 posted on 05/07/2018 5:43:34 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: PeterPrinciple

Treason?


3 posted on 05/07/2018 5:45:56 AM PDT by reed13k
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To: marktwain

The Second Amendment has to mean something as a matter of law, policy debates aside. Overbroad policies ignoring a constitutional amendment are inexcusable.


A reminder to us all, the Constitution is the Constitution, or it is nothing.

Every time something happens we expect a law. Things need to go to civil court, not criminal court.................


4 posted on 05/07/2018 5:49:07 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: marktwain
A judge that actually applies the law. Amazing.

You mean applies the Constitution. If he had applied the law then the plaintiff wouldn't be allowed to own a firearm.

5 posted on 05/07/2018 5:50:13 AM PDT by DoodleDawg
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To: marktwain

. Felonies are defined in federal law as crimes for which a person may be imprisoned for more than a year.


I did not know that................................


6 posted on 05/07/2018 5:51:02 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: reed13k

Good question on treason. Here is a little history but is uk. still looking.

https://en.wikipedia.org/wiki/Treason_Felony_Act_1848


7 posted on 05/07/2018 5:52:46 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: PeterPrinciple
At the time of the founding, there were only seven crimes that were considered felonies. They were murder, rape, manslaughter, robbery, sodomy, larceny, arson, mayhem, and burglary.

That's nine.

8 posted on 05/07/2018 5:53:59 AM PDT by catman67 (14 gauge?)
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To: reed13k

Treason?


Treason is only crime defined in constitution so classed other than felony?

Fewer that 40 prosecutions?

https://www.criminaldefenselawyer.com/resources/treason.htm


9 posted on 05/07/2018 5:57:26 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: catman67

That’s nine.


adjusted for political correctioness, had to remove sodomy and mayhem?

may·hem

NOUN
violent or damaging disorder; chaos.
“complete mayhem broke out”
synonyms: chaos · disorder · confusion · havoc · bedlam · pandemonium · tumult · uproar · turmoil · madness · madhouse · hullabaloo · all hell broken loose · [more]

Sodomy
Sodomy is generally anal or oral sex between people or sexual activity between a person and a non-human animal (bestiality), but may also include any non-procreative sexual activity. Originally the term sodomy, which is derived from the story of Sodom and Gomorrah in chapters 18 and 19 of the Book of Genesis in the Bible, was commonly restricted to anal sex.


10 posted on 05/07/2018 6:02:38 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: catman67

I wonder if sodomy has ever been taken off the books in federal Law?

Only remains in 12 states?

https://www.usatoday.com/story/news/nation/2014/04/21/12-states-ban-sodomy-a-decade-after-court-ruling/7981025/


11 posted on 05/07/2018 6:07:19 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: marktwain
The law should be changed to when you have completely served your full sentence (including any parole) that all of your rights are restored.

Bare minimum, the law needs to be changed from "felony that could have a sentence of over one year" to "felony sentenced to more than one year" to revoke Second Amendment rights.

And the entire Lautenberg amendment needs to be repealed.

12 posted on 05/07/2018 6:08:31 AM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: catman67

Thanks for catching that.

I thought I had corrected it.


13 posted on 05/07/2018 6:15:22 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

We need to have Congress clarify the law. We need to another category separating out all these things being called a felony.


14 posted on 05/07/2018 6:22:52 AM PDT by dila813 (Voting for Trump to Punish Trumpets!)
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To: marktwain

As a member of a prosecutor’s office for many years, it saddens me that people aren’t permitted to pay their debt to society and have ALL their rights restored upon release. This idea of perpetual punishment is just wrong, as far as I’m concerned. If they break the law again, jail them again. But if they’re out of jail, they should have ALL rights restored.


15 posted on 05/07/2018 6:28:41 AM PDT by afsnco (18 of 20 in AF JAG)
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To: DoodleDawg

You mean applies the Constitution. If he had applied the law then the plaintiff wouldn’t be allowed to own a firearm.


I understand what you are saying, but isn’t the Constitution the supreme law of the land?


16 posted on 05/07/2018 6:39:26 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain
but isn’t the Constitution the supreme law of the land?

Not according to California...

17 posted on 05/07/2018 7:04:52 AM PDT by rjsimmon (The Tree of Liberty Thirsts)
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To: marktwain

Thanks, Dean. Good news.


18 posted on 05/07/2018 7:24:53 AM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: afsnco
This idea of perpetual punishment is just wrong, as far as I’m concerned.

Could it be "cruel and unusual"?

19 posted on 05/07/2018 7:29:24 AM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: MileHi

It certainly could. Cruel and unusual punishment has been defined as “Punishment prohibited by the Eighth Amendment to the Constitution. Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed.” I think this violates that last category: too severe for the crime committed. Disenfranchising someone and preventing someone from defending themselves are both pretty severe.


20 posted on 05/07/2018 8:13:54 AM PDT by afsnco (18 of 20 in AF JAG)
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