BPR: A federal appeals court struck down a decades-old gun law Thursday that blocked people under domestic violence protection orders from possessing firearms, saying the law is unconstitutional after a new precedent for gun laws was set in a landmark Supreme Court decision.
The United States Court of Appeals for the Fifth District ruled that the federal criminal statute did not fit “within our Nation’s historical tradition of firearm regulation,” a requirement for all gun laws set forth in the New York State Rifle & Pistol Association, Inc. v. Bruen (NYSRPA v. Bruen) case in June, according to the ruling. The law, established in 1994, blocked the transfer of a firearm to anyone who was placed under a court protective order for “harassing, stalking, or threatening an intimate partner or child of such intimate partner,” further saying that the aforementioned individual cannot possess a firearm or ammunition.
“The question presented in this case is not whether prohibiting the possession of firearms by someone subject to a domestic violence restraining order is a laudable policy goal. The question is whether 18 U.S.C. § 922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. In the light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), it is not,” U.S. District Judge Cory Wilson wrote in the ruling. MORE
This decision should be the basis for abolishing all red flag laws as well. Dominoes have been falling since the NYSRPA v. Bruen decision.
This was a law cooked up by the late Sen Frank Lautenberg and was another east coast liberal idea!
The bigger question is how long the SC will tolerate blue marxist states overt defiance…
I totally agree red flag laws should be OBE as well given that they are a primary tool used against us old vets.
The corrupt maggots on the SCROTUS haven’t chimed in yet.
And you can pretty much bet that the Nihilistic Totalitarians who want us disarmed aren’t going to take it lying down.
Nothing means what it clearly means to the sick, twisted bastards in black dresses.
No “gun” control law in the United States is Constitutional – and every-fukkin-body knows it – from the Supremes down to the Justice of the Peace.
New York’s Sullivan Laws were designed specifically to disarm property owners and merchants because the politically-connected thugs were being killed robbing and pillaging throughout New York City and the Boroughs.
The idea – then and since – is to make everyone’s existence dependent on the favor of politicians – a concept which is diametrically opposed to self-rule.
mortem tyrannis
izlamo delenda est …
Definitely good news but, they’re not done. Maybe The tide is turning, don’t know?
Demonize all cops, disarm the public and prosecute anybody with money that has crossed they’re illegal laws, not so much for the thugs because they have no assets to seize and just cost the state money.
What could go wrong?
Nice.
One of my boys, along with millions of other men, was lied about by his insane ex-wife and was not allowed to possess any firearms for almost 5 yrs.
In Maine men are automatically guilty abusers.
Never mind she was the one beating him and he had body bruises, etc.
This is not only a win for the 2nd amendment, it’s a blow to crazy, vindictive women who lie and seek attention.
“New York’s Sullivan Laws were designed specifically to disarm property owners and merchants because the politically-connected thugs were being killed robbing and pillaging throughout New York City and the Boroughs.”
Let me put this question out: How many of you have acquaintance with anyone whose home or vehicle has been broken into and has had firearms stolen who has ever had any of those firearms returned to them?
In my case I belong to the oldest rifle and pistol club west of the Mississippi and we have thousands of members. I know a LOT of people who have suffered that fate and if 1/10th of 1% of the stolen firearms were returned it is a well kept secret.
Given that the percentage of stolen firearms used in criminal acts were stolen:
“Thousands of prison inmates were surveyed across the United States with specific questions on how they obtained firearms. The results showed less than 2 percent of the prisoners surveyed obtained a firearm from a retail source.
So where did they get the guns? The answer is simple. They got them from people who had legally purchased them but didn’t secure them.
Most of the firearms used by prisoners during the commission of their crimes were stolen, either by the crook themselves or bought from someone else who had stolen it.
ht tps://behindthebadge.com/a-new-survey-confirms-the-majority-of-guns-being-used-by-criminals-are-obtained-from-peoples-homes-and-cars/
it naturally follows that the politicians want those guns on the street. If they were the least bit concerned they would pass a law such as I have proposed.
1) Steal a firearm and you get 5 years automatically added to your sentence PER FIREARM. No plea bargain available, ALL time to be served in federal penitentiary and no early release, any prosecutor who fails to prosecute any case loses all federal money for that jurisdiction for two years PER CASE. Any citizen can bring a case against said prosecutor in ANY federal court in the United States.
2) Use of a stolen firearm in commission of a crime and it adds 10 years. No plea bargain available, ALL time to be served in federal penitentiary and no early release, any prosecutor who fails to prosecute any case loses all federal money for that jurisdiction for two years PER CASE. Any citizen can bring a case against said prosecutor in ANY court in the State.
3) Possession of a stolen firearm gets you two years. Each and every jurisdiction has 24 hours to add any and all stolen firearms to a searchable online data base. Failure to do so results in forfeiture of any and all federal dollars. Any citizen can bring a case against the jurisdiction in any court in the United States. If you possess a stolen firearm it is to be assumed that you knew, or didn’t want to know it was on the list and that cannot be used as a defense.
JD Hasty, I had 2 30-30’s stolen.
They were hidden away but got found.
We knew who did it but couldn’t prove it. A neighbor.
The cops used to call every year to see if they’d been returned. Talk about stupid. Finally the guy who stole them committed suicide after being sentenced to 19 yr in prison. Next time they called I mentioned that fact and they never called again. Having serial numbers didn’t help at all.
We need a new term. Fire Arm Phobic. The truth of the matter is if an idiot Liberal, and they are all idiots, witnessed someone shoot someone else they would immediately blame the gun and not the person holding it.
However if they witnessed the same crime committed wit a knife or a gun they would place blame on the individual. They’re obviously under the impression that big hunk of metal has a mind of it’s own. Very Stupid People. There’s lots of other tools that will replace an evil gun. Just look at the UK where you now need to register your steak knife.
With a knife and not a gun
Brad: The word you may want is Hoplophobia.
Deplorable 2nd Class
The great Jeff Cooper coined that. It’s been used some. I was going for something more direct. Something that actually had the word firearm or gun in it. Your average libtard will not get the connection of Cooper”s term.