SCOTUS tramples 2nd AMED rights of domestic abusers!!

Bill

Malarkeyville
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June 27, 2016
Michele Gorman
Posted with permission from Newsweek
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The U.S. Supreme Court on Monday upheld a broad reach of federal law that bans “reckless” domestic abusers from owning guns in a 6-2 decision that came amid an ongoing nationwide debate about firearms in the wake of the country’s worst-ever mass shooting earlier this month in Orlando, Florida.

In a victory for women’s rights and domestic violence advocacy groups, the justices rejected arguments that the law covers only intentional acts of abuse, and held that “a reckless domestic assault qualifies as a ‘misdemeanor crime of domestic violence.’” They ruled that gun ownership rights can be denied to those who commit reckless acts of domestic violence.

The case, Voisine v. United States, was brought by two men from Maine, Stephen Voisine and William Armstrong III. Voisine was charged with domestic violence for slapping his girlfriend, and Armstrong was charged with assault on his wife. Both were convicted of misdemeanor domestic violence charges, and were later found with guns. They were charged with violating a 1996 federal law, known as the Lautenberg Amendment, that prohibits gun possession by anyone convicted of a misdemeanor crime of domestic violence.

The two were challenging a federal appeals court arguing the ban should apply only to individuals who intend to do harm and seriously inflict damage. They said they hit the women in the heat of the moment.

The case gained widespread attention in February when Justice Clarence Thomas, a conservative and the court’s only black justice, broke his decade-long silence on the bench to ask a series of questions. His inquiries during oral arguments for the case focused on whether the federal ban violates the men’s rights under the Second Amendment.

The justices ruled on the last day of the current term, with Justice Elena Kagan authoring the majority opinion and Justice Thomas offering the dissent. Thomas said the Second Amendment was denied. “We treat no other constitutional right so cavalierly,” he said.

The National Rifle Association previously praised Thomas because he “cornered the government’s lawyer over and again” with his questions in February.

“Justice Thomas’s line of pointed, tough questioning gives many hope that he might pick up where the late Justice Antonin Scalia left off, as the court’s most vocal, ardent and effective defender of your Second Amendment right to keep and bear arms,” the NRA said. Scalia’s sudden death in February put the high court’s stance on guns into question. A staunch conservative, Scalia wrote the decision for District of Columbia v. Heller in 2008, which is arguably the court’s most significant ruling on guns in the modern age.

If the Supreme Court ruled in the men’s favor, activists argued, the outcome would have posed a threat to public safety. The presence of a gun in a domestic violence situation makes it five times more likely that a woman will be killed, according to research from Everytown for Gun Safety.

The justices’ decision came just days after Democrats in the House staged a nearly 26-hour sit-in to protest inaction in Congress over gun legislation, and a week after the Senate rejected four gun measures.

The court on Monday also struck down a Texas abortion clinic regulation, and overturned former Virginia Governor Bob McDonnell’s corruption convictions.
 
How dare those black-robed tyrants deprive innocent armed M E N of the means of coercing, assaulting and killing women with their metal manhood!

Molon Labe!
 
Shocker.....court votes to uphold an existing law against CRIMINALS. THE PEOPLE clearly have the right to regulate the 2nd amendment. The PEOPLE are represented by those congress critters that ratified a law regulating the right of people who have broken laws to bear or sell arms. Again....SHOCKER. :awesome: Got any more BAIT to cast in an attempt to stir shit where none exists? :) Of course THE MAJORITY of THE PEOPLE do not want individuals with a criminal history to sell unregistered weapons....no more than they want FELONS to own, sell or use weapons.

Just a little common sense goes a long way. But then clearly COMMON SENSE, REASON or LOGIC are not very common. Just how does this stop any law abiding citizen from going out and Legally purchasing a weapon that resembles a military firearm? It does not. Who cares about the rights of those who are charged, convicted and sentenced for committing a crime..ie., criminals....other than LIBERALS?
 
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Shocker.....court votes to uphold an existing law against CRIMINALS. THE PEOPLE clearly have the right to regulate the 2nd amendment. The PEOPLE are represented by those congress critters that ratified a law regulating the right of people who have broken laws to bear or sell arms. Again....SHOCKER. :awesome: Got any more BAIT to cast in an attempt to stir shit where none exists? :) Of course THE MAJORITY of THE PEOPLE do not want individuals with a criminal history to sell unregistered weapons....no more than they want FELONS to own, sell or use weapons.

Just a little common sense goes a long way. But then clearly COMMON SENSE, REASON or LOGIC are not very common.

I guess you haven't met STY.

They'll be hell to pay I'm afraid.
 
Shocker.....court votes to uphold an existing law against CRIMINALS. THE PEOPLE clearly have the right to regulate the 2nd amendment. The PEOPLE are represented by those congress critters that ratified a law regulating the right of people who have broken laws to bear or sell arms. Again....SHOCKER. :awesome: Got any more BAIT to cast in an attempt to stir shit where none exists? :) Of course THE MAJORITY of THE PEOPLE do not want individuals with a criminal history to sell unregistered weapons....no more than they want FELONS to own, sell or use weapons. Just a little common sense goes a long way. But then clearly COMMON SENSE, REASON or LOGIC are not very common. Just how does this stop any law abiding citizen from going out and Legally purchasing a weapon that resembles a military firearm? It does not. Who cares about the rights of those who act in a criminal manner....other than LIBERALS?

Many hoplosexuals will take issue with you. Brace yourself.
 
I guess you haven't met STY.

They'll be hell to pay I'm afraid.

I see no difference in regulating the right to bear arms....than regulating the right of the people to vote, as long as its the PEOPLE making the regulations via representation, after all THE PEOPLE do own this nation. Having a right exists only as long as you don't step over the threshold of the rights of others in seeking their own life, liberty and pursuit.....yada, yada....your rights cease when they threaten my right to the same. Its common sense. No sane person wants their right to live threatened by anyone who claim their rights are superior to others. The people are born with unlimited rights....and THE PEOPLE are the only ones in a free society that can legally regulate those unlimited rights granted by life itself.

That's exactly why...Abortion on demand is unconstitutional as hell. The very first legal document a congress of this nation addressed clearly stated that everyone is CREATED (not born, life begins at creation) equally with the unalienable (non transferable) right to life, liberty and pursuit of happiness. The right to life is not even transferable (alienable) to a MOTHER...once life exists....it deserves the protection of society not a death sentence void of any kind of DUE PROCESS. Life belongs to God and God alone.

Why did slavery exist in a free society regulated by the people? Society wanted it to exist...when society evolved ..slavery ceased to exist. Thus making the statement....ALL MEN ARE CREATED EQUAL....TRUE....truth does not evolve, what was true yesterday, will be true today and tomorrow. Its the PEOPLE that evolved from their mistakes..not truth. Its the only way it could have been in a true FREE SOCIETY regulated by THE PEOPLE. The majority always rules. All the existing rights today....have been granted by a majority ratification. When the majority of the people wanted slavery...it existed...when they did not...it ceased to exist.
 
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Actually the gun prohibition placed on wife beaters was never in question.

The question in this case pertained to the differences in federal law pertaining to intentional harm and state law pertaining to non-intentional recklessness and the application of the federal prohibition.

Nobody disputes that people who intentionally use force to cause harm to a domestic partner or a child should not own a gun. The question was, does a crime where no intentional force is evident, rise to the definition of a "Misdemeanor Crime of Domestic Violence" as per the Lautenberg Amendment to the federal Gun Control Act of 1968. No such application is noted in federal law but the federal 922(g) dispossession is applied by Maine to anyone convicted under Maine's wide domestic violence law.

One of Thomas' examples was a text messaging father who's non-intentional "recklessness" causes a car accident that harms his son. Under the majority's ruling and the wording of Maine's law, that crime demands the permanent federal loss of the father's gun rights.

Sotamayor joined Thomas partially in his dissent.
 
Missed this thread.

This is an interesting case all the way around. For starters, the dissent was from a conservative and liberal member of the bench that are almost, if not, always on the opposite side of issues, Thomas and Sotamayor. I haven't had time to read her dissent, but I am curious as to why a staunch liberal would side with Thomas on this.

Liberals who hail this case puzzle me. The same liberals who laud this case, want other felons to get their right to vote back or even have their right to vote while incarcerated. Both rights are constitutional, yet, liberals believe one should be taken away, not just temporarily, but permanently for a misdeed while the other, say someone who murders someone, can have their rights restored.
 
The 2nd....can be and is regulated to hell and back....but no common law vote of 50 + 1 can authorize a total disarmament of the American Citizens. Why? Because the right to bear arms is protected by the states bill of rights..its part of the constitution and the only why it can be voted "moot" is by another Constitutional Amendment garnering a super majority ratification from all 50 states by at least a 3/4 majority. The left insists upon attacking the 2nd by Judicial Opinion totally ignoring and bypassing the will of the PEOPLE.

What the left can't garner in congress by the authorized due process of jurisprudence....they attempt to purchase and place on the supreme court the best Judicial Activists that money can purchase with one goal in mind....by passing the will of the people through congressional representation, they do not care what the majority of the people in a free society want, they know and care only about what they want.

That's the very reason for the "dog and phony" show every time a judge retires or dies in office. I seek and defend only one thing....adherence to the Constitution of the United States. Any political candidate that is not a constitutional purist will never receive one vote from a true American Patriot. That's why patriotism and nationalism....i.e., the people working as one regardless of race, religion, sex or political ideology SCARES THE HELL OUT OF THE LEFT.

And believe or not....I am a pure "democrat" at heart...a registered democrat that votes Independent by majority but never for a democrat at the national level...unless they are a true "blue dog" such as myself. Why? Because the national DNC has been infiltrated and taken over by a global socialist communist party and has been since the 60s. The last true Democrat to hold the office of POTUS was JFK....whose first actions in office was to build up the military and reform welfare, today he would have been deemed a far right lunatic by the left....because he ran on a platform that began with this statement, "Ask not what your country can do for you...but what Can I do for my country." A position that cost him his life....as he was killed by the communist party USA because he would not bend to their will like others were to do....the Cuban Crisis and his defiance was the last straw.

They attempted to silence another great American president but failed.....Ronald Reagan, a man that almost single handed brought down the great global evil known as the USSR. That power still exists today, buried within the Democrat Party and it will continue in the attempt to bring down the USA as they promised over 60 years ago....FROM WITHIN.
 
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Missed this thread.

This is an interesting case all the way around. For starters, the dissent was from a conservative and liberal member of the bench that are almost, if not, always on the opposite side of issues, Thomas and Sotamayor. I haven't had time to read her dissent, but I am curious as to why a staunch liberal would side with Thomas on this.

Liberals who hail this case puzzle me. The same liberals who laud this case, want other felons to get their right to vote back or even have their right to vote while incarcerated. Both rights are constitutional, yet, liberals believe one should be taken away, not just temporarily, but permanently for a misdeed while the other, say someone who murders someone, can have their rights restored.

Abusers are rarely cured, that is why their guns should be taken away once they are convicted of their crime.
 
Who cares about the rights of those who are charged, convicted and sentenced for committing a crime..ie., criminals....other than LIBERALS?


I was going to let this go, but you're such a hypocrite that I couldn't.

Who cares about the rights of those who are charged, convicted and sentenced for committing a crime?

Christians.

Aren't you one of them?

Oh, that's right, you're Christian but not Christ-like.
 
I was going to let this go, but you're such a hypocrite that I couldn't.

Who cares about the rights of those who are charged, convicted and sentenced for committing a crime?

Christians.

Aren't you one of them?

Oh, that's right, you're Christian but not Christ-like.

Christians are to always accept..... LEGAL RIGHTS. It is not the Christian position that has denied these individuals their states rights, IT WAS THE GOVERNMENT, and Christians are to obey the government powers that be as long as that power does not conflict with God's Laws. Personally I do not deem the right to have a gun after having been convicted of breaking a LAW....much of a right to CARE ABOUT. We are not speaking of a right to LIVE.... a right to food, shelter, health care. etc., that every human being needs. We are addressing a superfluous right that never even approaches any right concerning "the dignity of HUMANITY"....its just like the homosexual issue. SEX is always engaged by free will...if not, you have just been raped. Sex is not a human rights issue because sex is not a requirement to LIVE....the same for gun ownership.

Look it up. I stand by scripture. "Let every soul be subject to the governing authorities. For there is no authority except from God (meaning these governments could not exist if God did not want them to exist), and these authorities that exist are appointed by God. Therefore whoever resists authority resists the ordinance of God (Laws of God). And..those who resist will bring judgment upon themselves."-- Rom. 13

Lets see.....shall I pay attention to your judgment based upon ignorance of the actual content of God's ordinance...or do I prefer to be judged by the words of scripture? I choose door number 2. I prefer to be judged IN TRUTH, not ignorance. :)

I stand by my statement, "Who cares, besides Liberals, about the so called rights of criminals to own and sell guns?" What makes you assume that I base my opinions as a Christian on my own personal positions....when I can and do back up everything I stand for by Book, Chapter and Verse? I need only one thing in defending my position.....The word of God, everything and everyone else's OPINION is moot and I address it by considering the source of its origination....IGNORANCE.

Again....its nothing personal, I judge you to be ignorant of God's word because of the method that "YOU" used in retorting to a demonstrable TRUTH. You personally and in an ad hominem fashion attacked my character in ignorance because you could not retort to the truth being presented. Its typical of any Alinskite.
 
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22 states require anyone served with a restraining order to relinquish their guns and ammunition - prior to arrest, prior to a hearing, prior to being charged with any crime, and without a conviction.

22 states and the District of Columbia prohibit subjects of domestic violence restraining orders from buying or owning guns.

These states are California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Tennessee, Texas, Washington, West Virginia, and Wisconsin

Another nine states expressly authorize—but do not require—courts to include firearm prohibitions in restraining orders.

These states are Alaska, Arizona, Indiana, Nebraska, Nevada, Pennsylvania, Rhode Island, and Utah.



http://everytownresearch.org/reports/guns-and-violence-against-women
 
22 states require anyone served with a restraining order to relinquish their guns and ammunition - prior to arrest, prior to a hearing, prior to being charged with any crime, and without a conviction.

22 states and the District of Columbia prohibit subjects of domestic violence restraining orders from buying or owning guns.

These states are California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Tennessee, Texas, Washington, West Virginia, and Wisconsin

Another nine states expressly authorize—but do not require—courts to include firearm prohibitions in restraining orders.

These states are Alaska, Arizona, Indiana, Nebraska, Nevada, Pennsylvania, Rhode Island, and Utah.



http://everytownresearch.org/reports/guns-and-violence-against-women

Of course.....these hypothetical individuals clearly demonstrated "CAUSE" in being issued a "restraining order", DUE PROCESS EXISTS. Again, common sense, logic and reason don't appear to be very common. Again....no common law can disarm the American Citizenship...et. al., unless you are suggesting that SCOTUS can issue a restraining order on the entirety of the PEOPLE...some 300 million.
 
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