Posted on 11/25/2020 10:23:36 AM PST by rktman
The Supreme Court has become notoriously skittish about Second Amendment cases in the years after Heller. That may change now after a Third Circuit ruling upheld a ban on firearm ownership for felons, even those convicted of non-violent crimes. In a 2-1 decision, the court ruled that a tax-evasion conviction was sufficient for a lifetime removal of Second Amendment rights:
At issue in this case is the Second Amendment’s standing as an individual right, argues Jonathan Turley, the basis for the Heller decision. Folajtar “falls into the still grey area” of Heller, Turley writes, especially since the court recognized the right of states to prohibit felons from owning firearms in McDonald two years later.
(Excerpt) Read more at hotair.com ...
bookmark
BS, that's been the Left's strategy by increasing qualifying "crimes" that allow for elimination of your 2nd amendment rights.
I'm not sure what the incorporation doctrine has to do with this case, though. This 3rd Circuit case is a challenge to federal law, 18 USC s. 922(g)(1), not a state law. So the 2nd Amendment applies directly, not through incorporation in the 14th Amendment.
That is dead-on-target for a previous Barrett ruling.
I was just thinking, if the govt. could get away with requiring auto weapons to be licensed and require a costly stamp, what’s to prevent them from doing the same thing with semi autos?
I worry about gang-bangers, Martha Stewart, not so much.
For the first 200 years of our Republic, Rights were restored after the sentence was served.
This gives convicted felons one less reason to straighten up and fly right.
If a violent felon is too dangerous to be let loose, then don’t let them loose. If you have to let them loose, then let the rest of us... including non-violent felons, exercise our Right to defend ourselves.
...or one's posting on Free Republic?
“I worry about gang-bangers, Martha Stewart, not so much.”
True, but that being said......The right to keep and bear arms is either a constitutional right inviolate or it is not.
One exception may as well be a thousand.
If you’re a felon and you’re allowed to vote then you should be allowed to carry arms.
The problem with the left is they are starting to consider spoken words as violence.
If the individual rights are all equally applied, a felon didn’t lose the first ammendant right, why lose the second ammendment once all time and fines are served?
If we don’t trust convicted felons with guns, why do we trust them with knives, baseball bats, cars, containers of gasoline ...
Agreed, sort of. It could be argued that a felons vote may more widely spread destruction than a felon with a gun.
Additional offenses that should qualify for a lifetime ban on firearms possession:
Overdue library books.
Failure to wear a mask on a deserted island.
Removing the tag on a mattress.
Joining the NRA.
Owning a magazine with 4 or more rounds capacity.
That’s exactly what Biden proposes to do - not only the rifle but for every single magazine too.
I know
“the Left’s strategy by increasing qualifying “crimes” that allow for elimination of your 2nd amendment rights.”
Yeah, the easy to get nailed by angry spouse domestic violence scam and red flag bullshiite come to mind.
That’s exactly what it is. Maryland and other states have been known to reclassify crimes as disqualifying for firearms ownership which previously had not been, then going after people who had been convicted of those crimes decades earlier when they apply for permits for things like hunting.
So you got into a bar fight in 1975 and spent the night in jail. You enter a guilty plea because the punishment is that night you already spent in jail plus a $15 fine. Matter resolved. But wait! 30 years later, that same charge becomes disqualifying. You apply for a hunting license. State troopers show up at your door with a warrant and find guns. You - who hasn’t thought about that bar fight once in 30 years - think all is well. They inform you that you are a prohibited person in possession of multiple firearms. Now facing multiple felonies. Good luck!
Absolutely unconstitutional!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.