Posted on 03/21/2023 1:51:11 PM PDT by Olog-hai
The Department of Justice has filed a petition with the U.S. Supreme Court seeking a review of a lower court decision that struck down a federal law banning people under domestic violence restraining orders from owning firearms.
A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled last month that people under domestic violence restraining orders retain their constitutional right to own firearms, finding that the federal law prohibiting them from doing so was unconstitutional under the Supreme Court’s landmark New York State Rifle & Pistol Association v. Bruen decision.
Attorney General Merrick Garland had promised to seek further review of the 5th Circuit’s decision. In the petition, the Justice Department (DOJ) argues there is a legal tradition in the U.S. and England of disarming people who have posed a danger to the community or threatened to hurt others.
“In keeping with that history, this Court explained in Heller that the right to keep and bear arms belongs only to ‘law-abiding, responsible citizens,’” DOJ wrote, arguing the federal law in question “fits squarely within the long-standing tradition of disarming dangerous individuals.” …
(Excerpt) Read more at foxnews.com ...
You cannot deprive rights from a person who has not been convicted of a crime.
‘this Court explained in Heller that the right to keep and bear arms belongs only to ‘law-abiding, responsible citizens,’” DOJ wrote’
Sorry, but a restraining order isn’t sufficient to demonstrate that someone isn’t law-abiding or responsible. All you need in order to obtain a restraining order is an allegation, and a willing judge. That’s not due process.
Since when does the Just Department get to ask SCOTIS to change?
Correct. It’s that simple.
It is very common.
Of course many women are abused,assaulted and threatened by men.But OTOH courts today automatically approve any petition filed by a woman. Accusations aren’t always justified.
A misdemeanor should not prohibit you from owning a firearm for the rest of your life.
Boy, with FJB’s agenda, that is one busy DOJ . . .
Since clown world became a thing when Biden was installed.
Examples?
They also need to repeal or revise the “Lautenberg Amendment” to ensure people are not unjustly deprived of their 2A rights. It is standard procedure to coerce men accused of misdemeanor domestic violence to accept “anger management classes”, counseling or some other deal to avoid going to court. They have no idea that accepting such a “deal” means permanent loss of 2A rights.
Political grandstanding. Bruen very clearly lit the way for the Left to follow on this. An order of protection does not need to establish that someone has done anything wrong. But if it IS established in a court of law that someone has demonstrated that theyy are a danger, they can be forced to pay an attainder.
He’s doing more damage as AG than he could being just 1 of 9
Garland is making up for that in the AG’s seat.
Why is the DOJ circumventing procedure. If they lose before a 3 judge panel aren’t they supposed to ask for an en banc review instead of petitioning the SC?
Leftists follow procedure? That’d be a first.
I said the same thing around here 2-3 months ago, and was assured by several freepers that this was not the case.
You are right. And we’re only half way through this ride.
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