Criminals have gun rights too.

SavannahMann

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Nov 16, 2016
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A new finding from the 5th Circuit Court of Appeals says that yes, even criminals have a right to own guns.


“Rahimi, while hardly a model citizen, is nonetheless part of the political community entitled to the Second Amendment’s guarantees, all other things equal,” the appellate panel, comprised of two judges appointed by former President Donald Trump and one by Ronald Reagan, said in its decision.

Rahimi’s home was searched after he was involved in five shootings in a two-month span, including firing at a law enforcement vehicle in December 2020, firing at a driver after getting in a car accident and shooting multiple rounds in the air in January 2021 “after his friend’s credit card was declined at a Whataburger restaurant,” the appeals court said.


The Appeals court ordered this abused citizen released from Prison. Three Republican Judges, all appointed by Republicans, decided that yes, even criminals have a right to keep and bear arms.

My advice to Liberals is the same as it has been for a while. You probably should start to carry firearms to protect yourself from the good and decent law abiding Strict Constitutionalists out there. And of course the fallout from their policies and beliefs.

Counting down to the usual suspects bleating about how awful Liberals are for letting violent criminals out of Prison to commit more gun crimes. 3. 2….
 
A new finding from the 5th Circuit Court of Appeals says that yes, even criminals have a right to own guns.


“Rahimi, while hardly a model citizen, is nonetheless part of the political community entitled to the Second Amendment’s guarantees, all other things equal,” the appellate panel, comprised of two judges appointed by former President Donald Trump and one by Ronald Reagan, said in its decision.

Rahimi’s home was searched after he was involved in five shootings in a two-month span, including firing at a law enforcement vehicle in December 2020, firing at a driver after getting in a car accident and shooting multiple rounds in the air in January 2021 “after his friend’s credit card was declined at a Whataburger restaurant,” the appeals court said.


The Appeals court ordered this abused citizen released from Prison. Three Republican Judges, all appointed by Republicans, decided that yes, even criminals have a right to keep and bear arms.

My advice to Liberals is the same as it has been for a while. You probably should start to carry firearms to protect yourself from the good and decent law abiding Strict Constitutionalists out there. And of course the fallout from their policies and beliefs.

Counting down to the usual suspects bleating about how awful Liberals are for letting violent criminals out of Prison to commit more gun crimes. 3. 2….



Paywall.
 
A new finding from the 5th Circuit Court of Appeals says that yes, even criminals have a right to own guns.


“Rahimi, while hardly a model citizen, is nonetheless part of the political community entitled to the Second Amendment’s guarantees, all other things equal,” the appellate panel, comprised of two judges appointed by former President Donald Trump and one by Ronald Reagan, said in its decision.

Rahimi’s home was searched after he was involved in five shootings in a two-month span, including firing at a law enforcement vehicle in December 2020, firing at a driver after getting in a car accident and shooting multiple rounds in the air in January 2021 “after his friend’s credit card was declined at a Whataburger restaurant,” the appeals court said.


The Appeals court ordered this abused citizen released from Prison. Three Republican Judges, all appointed by Republicans, decided that yes, even criminals have a right to keep and bear arms.

My advice to Liberals is the same as it has been for a while. You probably should start to carry firearms to protect yourself from the good and decent law abiding Strict Constitutionalists out there. And of course the fallout from their policies and beliefs.

Counting down to the usual suspects bleating about how awful Liberals are for letting violent criminals out of Prison to commit more gun crimes. 3. 2….
Seems like a pretty stupid decision.

We have a right to our personal freedom, too. But that can be taken away upon conviction and sentencing. It’s called jail or prison.

So why can’t a right to possess a gun be similarly taken from a person after a criminal conviction?
 
I like Wyoming's way of doing this. A judicial (due process) action removed the rights. A judicial action must restore them.

While the time is served and the law sees that the person has paid for the crime, the potential for further harm due to violent long-term behavior remains. The judge removed the right for cause and the judge must restore the right with due process and due diligence. In Wyoming the convicted felon or Domestic Abuse conviction is grounds for life removal of the right under the law. The conviction must be amended to allow for the convict to regain this right.

I am all for those who show they are capable of restrained, responsible behaviors to get their rights back. That is why there is a five-year period between release and the ability to petition the court for return of rights taken including voting. Demonstrating appropriate behaviors is due process and due diligence for the court to make decisions on.
 
Yeahbut..what does that have to do with this douchebag? I wish a Whataburger would open here, dammit!
Screenshot_20230207-084802-223.png


:p
 
So why can’t a right to possess a gun be similarly taken from a person after a criminal conviction?
It is. Felons cannot legally own a gun. In many, if not all States, a DV Misdemeanor also disqualifies.

I think this is what happened. The guy was arrested and charged with 5 felonies in 2021. They searched his home and found the guns, and they found the restraining order from 2020. The DA made a plea deal that dropped the other felonies, he pled guilty to a felony illegal possession charge, and got sentenced to 6 years.

Then the court says just a restraining order is not enough to take away your 2A right, and the conviction under the plea agreement was reversed because that law was unconstitutional.

If they had tried the Aggravated Assault charges and got a conviction, he would not have been released. Presumably the DA will have to re-charge the other offenses. If convicted, he will lose his 2A right.

The guy's a POS, I hope the DA does his job this time.

 
It is. Felons cannot legally own a gun. In many, if not all States, a DV Misdemeanor also disqualifies.
It often is. I agree. And that’s my point. Criminal convictions can and do come with consequences.
I think this is what happened. The guy was arrested and charged with 5 felonies in 2021. They searched his home and found the guns, and they found the restraining order from 2020. The DA made a plea deal that dropped the other felonies, he pled guilty to a felony illegal possession charge, and got sentenced to 6 years.

Then the court says just a restraining order is not enough to take away your 2A right, and the conviction under the plea agreement was reversed because that law was unconstitutional.

If they had tried the Aggravated Assault charges and got a conviction, he would not have been released. Presumably the DA will have to re-charge the other offenses. If convicted, he will lose his 2A right.

The guy's a POS, I hope the DA does his job this time.

if one is convicted of a crime which is later determined to have been based on a law which was unconstitutional, then the consequences of that particular felony conviction should fall. I’m fine with that.

I’m also fine with certain criminal convictions coming with other related consequences. Like a genuine sex crime conviction, for instance, can come with long time post release reporting requirements and other legal impediments such as being listed on a “sex offender” registry. Good!
 

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