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Amy Coney Barrett Thinks the Second Amendment Prohibits Blanket Bans on Gun Possession by People With Felony Records. The SCOTUS contender's 2019 dissent will alarm gun control supporters
Reason ^ | September 23, 2020 | Jacob Sullum

Posted on 09/25/2020 3:18:11 PM PDT by karpov

Rickey Kanter, who owned a Wisconsin company that sold therapeutic shoes and footwear inserts under the brand name Dr. Comfort, pleaded guilty in 2011 to one count of mail fraud for shipping inserts he falsely claimed were approved by Medicare to a podiatrist in Florida. Kanter received a prison sentence of a year and day, followed by two years of supervised release. He also paid a $50,000 fine and agreed, in a separate civil settlement, to pay Medicare a $27 million reimbursement. But that was not the end of his punishment, since his felony conviction meant that he permanently lost the constitutional right to possess firearms.

That categorical ban on gun ownership by people with felony records, a feature of both Wisconsin and federal law, cannot be reconciled with the Second Amendment, Supreme Court contender Amy Coney Barrett concluded in a 37-page dissent from a 2019 decision by the U.S. Court of Appeals for the 7th Circuit. Barrett's thorough and scholarly opinion marks her as a judge committed to applying constitutional provisions in light of their historical background and original public meaning.

In the landmark 2008 case District of Columbia v. Heller, the Supreme Court recognized that the Second Amendment protects the right to own guns for self-defense. At the same time, the majority opinion mentioned some "presumptively lawful regulatory measures," including "longstanding prohibitions on the possession of firearms by felons and the mentally ill." But both Barrett and her two colleagues on a 7th Circuit panel, who upheld the federal and Wisconsin bans that Kanter challenged, agreed that Heller did not settle the question of whether the Second Amendment allows the government to disarm someone like him.

(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: banglist; barrett; guncontrol; supreme
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1 posted on 09/25/2020 3:18:11 PM PDT by karpov
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To: karpov

I would say a felon does not qualify To be in a militia


2 posted on 09/25/2020 3:20:30 PM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: karpov

Glad to hear it. “...shall not be infringed...”


3 posted on 09/25/2020 3:21:05 PM PDT by faithhopecharity (Politicians are not born, they are excreted. Marcus Tullius Cicero (106 to 43 BCE))
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To: karpov

On another thread less than an hour ago people were saying she is anti 2A. I’m confused.


4 posted on 09/25/2020 3:23:20 PM PDT by rdl6989
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To: karpov

Yep, she “gets it” when it comes to “shall NOT be infringed”. Nothing wishy washy about her.


5 posted on 09/25/2020 3:24:16 PM PDT by House Atreides
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To: karpov

She is correct.

If a felon has paid his debt to society, all rights should revert back.

It’s a good argument for longer prison terms for felons, by the way.


6 posted on 09/25/2020 3:24:43 PM PDT by Westbrook
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To: karpov

I watcher her discuss this at a forum for Hillsdale College. Her position is that there are so many things that can be made felonies that a blanket policy depriving a person of his God-given rights forever is not reasonable. For example, in one state it is a felony to bring in too many pop bottles from another state in order to get the higher deposit redemption value. For that you lose your RKBA forever?

Her position is that the determination should be made based on the type of crime and other factors in the person’s life as to whether or not he/she presents a danger to themselves, to others or to society if they have their 2A rights restored. Since the left is all about restoring the voting rights of felons, Barrett’s position on this issue seems reasonable to me.


7 posted on 09/25/2020 3:25:16 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: rdl6989

One thing you may be absolutely certain about—the Trump Derangement Syndrome crowd will be screaming hysterically about any President Trump Supreme Court nominee.

Life is simple when you know the rules.


8 posted on 09/25/2020 3:25:25 PM PDT by cgbg (Masters don't want slaves talking about masters and slaves.)
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To: rdl6989

“On another thread less than an hour ago people were saying she is anti 2A. I’m confused.”
***********************************
There’s a brigade of posters here trying to denigrate Judge Barrett and promote Judge Lagoa. They are posting a number of canards to do so.


9 posted on 09/25/2020 3:27:54 PM PDT by House Atreides
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To: karpov

You can temporarily deprive felons of nearly all of their rights, the biggest of which is the freedom to go where you want when you want. Depending on the crime committed, you can permanently deprive a felon of most of his rights, including life and liberty.

Even after you release a felon from prison, you can permanently deprive a felon of some Constitutional rights, including the right to vote. IMHO, depending on the crime committed, you can permanently deprive a felon of Second Amendment rights.


10 posted on 09/25/2020 3:28:05 PM PDT by Bubba_Leroy (The Obamanation has ended! Fight the Return of Biden the Demented!)
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To: karpov
Great! Just because a felon does not have the right to vote doesn't mean he should be denied the right to bear arms.

Amy Coney Barret sounds really good.

11 posted on 09/25/2020 3:28:08 PM PDT by Stepan12 ("Joe Biden is a walking word salad," Daniel Greenfield)
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To: CA Conservative
thank you... that is a great video
12 posted on 09/25/2020 3:28:08 PM PDT by Chode (Send bachelors and come heavily armed.)
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To: karpov

What kind of felon? Bank robber? How about some business owner who gets a felony conviction for not filing out a form he didn’t know about in the first place (this happens)? If you store garden chemicals wrong it’s a felony fer crissakes.

If someone pays his dues I don’t have a problem with it. The truly dangerous felons get guns no matter what the stupid law says.


13 posted on 09/25/2020 3:30:06 PM PDT by Seruzawa (TANSTAAFL!)
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To: karpov

.


14 posted on 09/25/2020 3:30:57 PM PDT by sauropod (I will not comply.)
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And?

Then?


15 posted on 09/25/2020 3:32:04 PM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: Mr. K

Militia has nothing to do with it


16 posted on 09/25/2020 3:33:13 PM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something)
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To: teeman8r

Yes but it could be an argument made...I wouldn’t want murderers to have a gun anyway, or slimeballs like this who thought it was okay to still $27 million


17 posted on 09/25/2020 3:35:04 PM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: karpov

ABC Evening News with David Muir announced President Trump’s SCOTUS nominee is Amy Coney Barrett.


18 posted on 09/25/2020 3:35:04 PM PDT by NautiNurse (Put $5000 cash in an envelope. Mail it to yourself. If this makes you queasy, vote at the polls.)
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To: Bubba_Leroy

No one can take a right away... the act of bearing arms is protected, what one might do with it is all subjective.

Barrett gets shall not be infringed.


19 posted on 09/25/2020 3:35:29 PM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something)
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To: Westbrook

Well said


20 posted on 09/25/2020 3:36:05 PM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something)
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