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Restraining Order Ban on Second Amendment, Decision Appealed to Fifth Circuit
AmmoLand ^ | November 28, 2022 | Dean Weingarten

Posted on 11/30/2022 3:46:38 AM PST by marktwain

On November 15, 2022, the United States Attorney in the Western District of Texas, Ashley C. Hoff, filed a Notice of Appeal to the United States District Court fro the Western District of Texas, Pecos Division in the case of USA v. Perez-Gallan.

Previously, on November 10, 2022, Judge David Counts had issued a Memorandum Opinion dismissing the indictment to Litsson Antonio Perez-Gallan as invalid because it was unconstitutional under the United States Supreme Court decision in New York State Rifle & Pistol Association (NYSR&PA) v. Bruen decision, which restored the Second Amendment as a full-fledged member of the Bill of Rights, not a second class right.

Judge Counts found the part of the controversial  Lautenberg Amendment, passed in 1996, which prohibits a person who is under a restraining order for domestic violence from possessing a firearm or ammunition, 18 U.S.C. §922(g)(8), to be unconstitutional.

The wording of 18 U.S.C. §922(g)(8) is this:

(g) It shall be unlawful for any person-

(8) who is subject to a court order that-

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; 

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and 

(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;


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


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Texas
KEYWORDS: 2a; 2ndamendment; 96to0; banglist; constituion; constitution; davidcounts; davidcountsiii; lautenberg; lautenbergamendment; magistratejudge; nra; obamajudge; reaganjudge; restrainingorder; secondamendment; trumpjudge; walterdavidcountsiii; walterscottsmith; walterscottsmithjr; waltersmith; wdtexas
The Biden Administration is in a box. If they do not appeal this case, future cases look like losers.

If they appeal it, the Fifth Circuit is likely to strike down the ban on exercising Second Amendment rights because of a mere restraining order.

1 posted on 11/30/2022 3:46:38 AM PST by marktwain
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To: marktwain

Finally a grain of consciousness has shown itself.

Guns don’t harm people.
Taking guns away increases risk to all of being victimized by those intent on doing harm.
My gun protects everyone.
Why else do gun free zones get the shooter activity that the media feeds on.


2 posted on 11/30/2022 4:16:42 AM PST by Recompennation (Don’t blame me my vote didn’t count so meect)
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To: marktwain
At least 99% of retraining order requests (AKA: "protection orders") filed by women against men are granted...and it's not difficult to see why. There's no downside for a judge who grants such a request.It's not as if he/she is gonna be removed from the bench for granting a frivolous,unfounded request.OTOH there's a *huge* downside for a judge who refuses to grant a request and then,days later,the woman winds up being murdered by that husband/boyfriend.

The big problem with them is that the husband/boyfriend isn't allowed to present his side to the judge.

As for this case the Rats are employing their typical lawfare strategy when it comes to the 2nd Amendment...delay,delay,delay.

3 posted on 11/30/2022 4:52:47 AM PST by Gay State Conservative (I Miss Jimmy Carter)
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To: marktwain

Finally, we may see this egregious violation of due process eliminated. A man shouldn’t lose fundamental freedoms because some vindictive harpy told a judge he should. Innocent until proven guilty in a court of law, period.


4 posted on 11/30/2022 4:54:07 AM PST by SharpenedEdge (Stockpile. Prepare. Arm. Train. A Storm is coming.)
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To: SharpenedEdge

Perhaps Ann Coulter was right about woman suffrage.


5 posted on 11/30/2022 4:58:35 AM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you. )
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To: Vaquero

Ann Coulter was spot on about that. The 19th Amendment was the start of the decline of the Republic, and we are in the end phases of the inevitable collapse. Emotion over logic is a disastrous way to run a country.


6 posted on 11/30/2022 5:03:35 AM PST by SharpenedEdge (Stockpile. Prepare. Arm. Train. A Storm is coming.)
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To: Recompennation; Publius; thinden; bitt

:: My gun protects everyone. ::

And to think...the unelected bureaucrats of the Health Department told us, “Your vaxx protects everyone.”


7 posted on 11/30/2022 5:26:57 AM PST by Cletus.D.Yokel (Machine-gun jumblies. How'd I miss that? - Austin Powers 2)
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To: SharpenedEdge

Ann Coulter is the Yoko Ono of the Republic party.


8 posted on 11/30/2022 5:28:26 AM PST by Cletus.D.Yokel (Machine-gun jumblies. How'd I miss that? - Austin Powers 2)
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To: Cletus.D.Yokel

The Gun vs The Vax in the battle for the Nation’s Soul…


9 posted on 11/30/2022 5:31:15 AM PST by telescope115 (Proud member of the ANTIFAuci movement. )
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To: telescope115; Publius

What then is the logical conclusion, extended to the end-point?

Only the government can protect you, you will not be allowed to protect yourself.


10 posted on 11/30/2022 5:34:05 AM PST by Cletus.D.Yokel (Machine-gun jumblies. How'd I miss that? - Austin Powers 2)
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To: telescope115

And, contrary to your words, this nation has no “soul.”
It was compromised on 22NOV1963 and fully excised in 1965.


11 posted on 11/30/2022 5:35:46 AM PST by Cletus.D.Yokel (Machine-gun jumblies. How'd I miss that? - Austin Powers 2)
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To: SharpenedEdge

“Finally, we may see this egregious violation of due process eliminated.”

This should include “Red Flag” laws as well. No due process when the government steals your legally owned possessions.


12 posted on 11/30/2022 5:54:56 AM PST by grcuster
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To: Gay State Conservative

You make excellent points, but there’s more: the defendant has very little chance of avoiding the restraining order becoming permanent because the only thing the complainant has to testify to is that he/she (usually she) was put in fear of bodily harm. This is obviously so subjective that it is virtually impossible to refute. The exception would be the husband is a quadriplegic or similarly incapable of harming anyone at all.


13 posted on 11/30/2022 6:51:31 AM PST by JewishRighter
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To: Gay State Conservative

There is always the right for the defendant to request a hearing on quashing the restraining order, usually held within 10 days.

That said, most of the time a RO is used a tool to screw the male.


14 posted on 11/30/2022 6:55:36 AM PST by Az Joe (The Lake Effect! Lake has the right stuff!)
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To: marktwain

Oregon is next for lawsuits. They have really jumped the shark.


15 posted on 11/30/2022 7:23:27 AM PST by dljordan (Ban 'And so it begins' on FR.)
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To: dljordan

Lawsuits have been filed in Oregon.


16 posted on 11/30/2022 8:28:30 AM PST by marktwain
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To: marktwain

“Lawsuits have been filed in Oregon.”

Good.


17 posted on 11/30/2022 10:52:21 AM PST by dljordan (Ban 'And so it begins' on FR.)
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