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 ...
I would say a felon does not qualify To be in a militia
Glad to hear it. ...shall not be infringed...
On another thread less than an hour ago people were saying she is anti 2A. I’m confused.
Yep, she gets it when it comes to shall NOT be infringed. Nothing wishy washy about her.
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.
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.
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.
On another thread less than an hour ago people were saying she is anti 2A. Im confused.
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Theres a brigade of posters here trying to denigrate Judge Barrett and promote Judge Lagoa. They are posting a number of canards to do so.
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.
Amy Coney Barret sounds really good.
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.
.
And?
Then?
Militia has nothing to do with it
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
ABC Evening News with David Muir announced President Trump’s SCOTUS nominee is Amy Coney Barrett.
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.
Well said
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