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Supreme Court Agrees to Hear Rahimi Restraining Order Second Amendment Case
AmmoLand ^ | July 11, 2023 | Dean Weingarten

Posted on 07/17/2023 5:04:55 AM PDT by marktwain

Supreme Court agrees to hear 2nd Amendment case, signaling willingness to tolerate Biden administration’s resistance to recognizing Second Amendment rights.


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


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Texas
KEYWORDS: 2a; banglist; dueprocess; rahimi; restrainingorder; rights
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The case is presented in the Media as about allowing domestic abusers to retain firearms. That is a lie. Rahimi was never convicted of domestic violence. He was convicted of other felonies, which make him a prohibited possessor. The case is about due process, and whether a constitutionally protected right can be nullified by a mere restraining order.
1 posted on 07/17/2023 5:04:55 AM PDT by marktwain
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To: marktwain

This is an important case. No clue as to how it is going to fare.

Anyone know?


2 posted on 07/17/2023 5:13:23 AM PDT by rlmorel ("If you think tough men are dangerous, just wait until you see what weak men are capable of." JBP)
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To: marktwain

If they grant that a simple restraining order can nullify a right, then the upcoming social credit scores will be used to take away guns from the law abiding.

On its face, this seems like a minor thing. I can see a substantial long term opportunity for abuse by FedGuv if it’s allowed to stand.


3 posted on 07/17/2023 5:15:17 AM PDT by rarestia (“A nation which can prefer disgrace to danger is prepared for a master, and deserves one.” -Hamilton)
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To: rlmorel

I doesn’t seem likely the court would agree to hear this case if they weren’t leaning towards reversing the circuit court.


4 posted on 07/17/2023 5:16:32 AM PDT by circlecity
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To: marktwain

It’s a real issue, in NH the Courts have defaulted to rubber stamping domestic violence restraining orders.. facts do matter today in NH. Many horror stories abound of innocent men being destroyed by vindictive women, enabled by lazy lawyers.


5 posted on 07/17/2023 5:17:46 AM PDT by Article10 (Roger That)
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To: rarestia

That is the thing that worries me. On its face, it seems a minor thing. Convicted drug user, the whole nine yards.

This is an opening for the Left to abuse our Constitutional rights.

The Left is like the open sea pressing on a coastline of dikes. It doesn’t have to guard anywhere, all the time, all it does is continue to attack and press over time at its convenience, looking for a weakness.

And it exploits it.

They apparently see this as a weakness (removal of Constitutional Rights by a court order or edict, and not by due process of some kind) and would exploit it fully if they could.


6 posted on 07/17/2023 5:23:47 AM PDT by rlmorel ("If you think tough men are dangerous, just wait until you see what weak men are capable of." JBP)
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To: Article10
The restraining order for "domestic violence" has become a staple of divorce proceedings.

I have been told many divorce attorneys will not take a case unless the woman files a request for a restraining order. I have been told some attorneys include such a request in a sheaf of papers the woman is asked to sign as part of the attorney taking the case.

I have seen the "restraining order" deliberately abused for political purposes.

A wife, a Mexican national, was threatened with loss of her children if she did not file domestic violence charges. She filed, and the couple went through He!! for two years before it was finally straitened out. The husband was out on the street in nothing flat, with police impounding his guns within an hour of the judge signing the order.

The couple were local whistleblowers.

7 posted on 07/17/2023 5:24:38 AM PDT by marktwain
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To: Article10

100% truth.


8 posted on 07/17/2023 5:24:46 AM PDT by rlmorel ("If you think tough men are dangerous, just wait until you see what weak men are capable of." JBP)
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To: circlecity

Yes. That is why I feel completely unsettled by it.

We would hope that perhaps upholding the Circuit Court decision would codify this at a national level (via Supreme Court) and put it to bed.


9 posted on 07/17/2023 5:30:00 AM PDT by rlmorel ("If you think tough men are dangerous, just wait until you see what weak men are capable of." JBP)
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To: marktwain

They can rule however they want, but they won’t disarm us without a real fight.
I don’t believe there are many lawmakers who would sacrifice themselves “for the greater good.”


10 posted on 07/17/2023 5:43:38 AM PDT by bk1000 (Banned from Breitbart)
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To: circlecity

In her previous appointment, Justice Barrett came down hard against convictions on unrelated felonies automatically resulting in barring of ownership of firearms, and a conviction is a heck of a lot firmer than a restraining order. On the other hand, a restraining order is temporary.


11 posted on 07/17/2023 6:10:42 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: lepton

I agree with you. But the it seems the court would have just let the circuit court decision stand without review unless they were considering reversing it. Hope I’m wrong.


12 posted on 07/17/2023 7:26:15 AM PDT by circlecity
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To: marktwain

Unfortunately I went through this in NH some years ago.. it was not fun.

I did prevail in a matter of weeks, she testified the reason for filing it “ I just wanted him out of the house, so I could move my things out”. Thankfully the judge hammered her.

Today per my Lawyer friends, in the same court, I would be convicted and domestic violence restraining order issued. Rarely per my Lawyer buds are they not issued today, facts be damned.

It’s that bad.


13 posted on 07/17/2023 7:26:22 AM PDT by Article10 (Roger That)
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To: Article10

There’s no down side...from the judge’s point of view...for him/her to issue a restraining order.OTOH,if he/she refuses an application and the woman winds up being murdered the next day that would be very bad news for the judge.He/she could even wind up being removed from the bench.


14 posted on 07/17/2023 8:01:10 AM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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To: marktwain

“The case is presented in the Media as about allowing domestic abusers to retain firearms.”


As I recall, the Lautenberg Amendment made it a crime for anyone convicted of misdemeanor domestic abuse to have firearms. Strangely, the law was retroactive, so anyone convicted misdemeanor domestic abuse at any time was covered.

I believe that SCOTUS ruled that the this was not an ex post facto law. My mind is not nuanced enough to understand how Lautenberg isn’t an ex post facto law, but there we are.


15 posted on 07/17/2023 8:03:29 AM PDT by hanamizu
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To: circlecity

Unless they perceive either a conflict with other circuits, or an over-riding wrong.


16 posted on 07/17/2023 10:37:27 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: rlmorel

Oral arguments will be interesting on this case.


17 posted on 07/17/2023 10:52:26 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: hanamizu

I have yet to hear a persuasive argument that it is not a ex post facto law. However, since it is aimed at toxic masculinity it will never be overturned, however much it deserves to be terminated with extreme prejudice.


18 posted on 07/17/2023 12:04:01 PM PDT by allblues (God is neither a Republican nor a Democrat but Satan is definitely a Democrat)
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To: allblues

I have yet to hear a persuasive argument that it is not a ex post facto law.


As I understand it, and I’m not a lawyer, the argument is that Lautenberg is the creation of a new federal crime: possession of a firearm by anyone convicted of domestic abuse–felony or misdemeanor. It is not an addition to the punishment of a previous crime, but rather a whole new crime and therefor isn’t ex post facto.

I don’t buy the idea, but no one cares what I think. But, the same kind of thinking could be used to outlaw any arms possession. “Anyone convicted of (name any crime) , is hereby a prohibited person”. I can’t find anywhere in the Constitution that gives Congress the power to deny Constitutionally-protected rights to Americans, but there we are.


19 posted on 07/17/2023 12:39:01 PM PDT by hanamizu
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To: rarestia
I know of a case in which a young black man working three jobs was prosecuted in federal court in Tallahassee for trying to buy a handgun illegally because he did not disclose a temporary restraining order obtained by a prior girlfriend. Did he ever abuse or threaten her?

Not in the least, and the former girlfriend testified on his behalf at trial. She had sought the temporary injunction only because she was angry that they had argued and he had left her. The temporary restraining order was dissolved when the case came before a local judge.

Here is the scary part. A black federal judge presided, and the mostly black jury elected a white local college professor as their foreman and was about to convict the poor kid. He had no criminal charges or record and had sought a handgun because he wanted to protect himself and his pregnant girlfriend in the bad neighborhood they lived in.

The only other white on the jury was a pro-gun friend of mine. At first, he was the single no vote, but he gradually swung the jury to acquittal based on a close reading of the jury instructions. A bunch of out of town ATF suits left the courtroom that day unhappy. Apparently, the ATF has been pushing such cases around the country.

20 posted on 07/17/2023 1:41:26 PM PDT by Rockingham
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