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Justice Department asks Supreme Court to overturn domestic violence gun ruling
Fox News ^ | March 21, 2023 2:57pm EDT | Chris Pandolfo

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government
KEYWORDS: banglist; doj; domesticviolence; scotus; unconstitutional
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1 posted on 03/21/2023 1:51:11 PM PDT by Olog-hai
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To: Olog-hai

You cannot deprive rights from a person who has not been convicted of a crime.


2 posted on 03/21/2023 1:53:45 PM PDT by Ciaphas Cain (#notmypedophile)
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To: Olog-hai

‘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.


3 posted on 03/21/2023 1:58:12 PM PDT by Boogieman
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To: Olog-hai

Since when does the Just Department get to ask SCOTIS to change?


4 posted on 03/21/2023 1:59:20 PM PDT by nickcarraway
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To: Ciaphas Cain
You cannot deprive rights from a person who has not been convicted of a crime.

Correct. It’s that simple.

5 posted on 03/21/2023 2:05:36 PM PDT by ConservativeInPA ("How did you go bankrupt?" Bill asked. "Two ways," Mike said. "Gradually and then suddenly." )
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To: nickcarraway
Since when does the Just Department get to ask SCOTIS to change?

It is very common.

6 posted on 03/21/2023 2:08:37 PM PDT by thegagline (Sic semper tyrannis! Goldwater 2024)
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To: Olog-hai

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.


7 posted on 03/21/2023 2:10:02 PM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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To: Olog-hai

A misdemeanor should not prohibit you from owning a firearm for the rest of your life.


8 posted on 03/21/2023 2:11:44 PM PDT by Blood of Tyrants (It's science and therefore cannot be questioned!)
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To: Olog-hai

Boy, with FJB’s agenda, that is one busy DOJ . . .


9 posted on 03/21/2023 2:33:15 PM PDT by MCSETots
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To: nickcarraway

Since clown world became a thing when Biden was installed.


10 posted on 03/21/2023 2:50:27 PM PDT by matt04 ( )
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To: thegagline

Examples?


11 posted on 03/21/2023 2:50:48 PM PDT by nickcarraway
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To: Olog-hai

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.


12 posted on 03/21/2023 3:01:40 PM PDT by ETCM (“There is no security, no safety, in the appeasement of evil.” — Ronald Reagan)
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Comment #13 Removed by Moderator

To: Olog-hai

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.


14 posted on 03/21/2023 4:19:22 PM PDT by dangus ( )
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To: Olog-hai

I suspect our domestic enemies killed Justice Antonin Scalia in order to graduate that hunk of guano Merrick Garland to a seat on the Supreme Court. Thank God, FRiends, we dodged that catastrophe.


15 posted on 03/21/2023 4:19:52 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: so_real

He’s doing more damage as AG than he could being just 1 of 9


16 posted on 03/21/2023 5:24:47 PM PDT by digger48
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To: so_real

Garland is making up for that in the AG’s seat.


17 posted on 03/21/2023 5:58:24 PM PDT by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: Olog-hai

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?


18 posted on 03/21/2023 6:09:29 PM PDT by Rowdyone (Vigilence)
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To: Rowdyone

Leftists follow procedure? That’d be a first.


19 posted on 03/21/2023 6:36:56 PM PDT by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: digger48

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.


20 posted on 03/21/2023 8:37:15 PM PDT by SPDSHDW (Ya’ll knew he was installed via fraud, and chose to do nothing. Enjoy the roller coaster ride.)
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