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Posted: 5/10/2024 9:54:08 AM EDT
https://cdn.ca9.uscourts.gov/datastore/opinions/2024/05/09/22-50048.pdf
Three judge panel. 2:1 win. Dissent has already asked for en banc. |
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Posted: 5/10/2024 9:54:41 AM EDT
[#1]
Interesting
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CA, USA
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Posted: 5/10/2024 9:56:40 AM EDT
[#2]
Good
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Posted: 5/10/2024 9:57:52 AM EDT
[#3]
Agreed
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Posted: 5/10/2024 9:58:02 AM EDT
[Last Edit: chmodx]
[#4]
Even if the person has/distributes kiddie porn?
I always hear the "they did their time..." still feel the same? |
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TX, USA
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Posted: 5/10/2024 9:58:06 AM EDT
[Last Edit: Fenric]
[#5]
Good, if they did their time and aren't violent then let them have it. Too many people getting caught up with stupid felonies over white collar crimes or casual drug use.
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MA, USA
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Posted: 5/10/2024 9:58:07 AM EDT
[#6]
Go Shorty!
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Posted: 5/10/2024 9:58:53 AM EDT
[#7]
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Posted: 5/10/2024 9:59:39 AM EDT
[#8]
Quote HistoryOriginally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? |
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Posted: 5/10/2024 10:02:55 AM EDT
[Last Edit: Gunnie357]
[#9]
The system needs revamped if your not safe in public with arms that means your not safe in public.
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Posted: 5/10/2024 10:04:12 AM EDT
[#10]
In the case of heinous and violent crimes such as murder, I don't understand the concept that serving a prison sentence repays a debt to society, especially for those that repeatedly commit those acts. Prison time is punishment, not absolution of sins.
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Posted: 5/10/2024 10:05:08 AM EDT
[#11]
Quote HistoryOriginally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? Finding of individually dangerous should be the standard. Otherwise they will just make everything a felony. |
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USA
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Posted: 5/10/2024 10:05:15 AM EDT
[#12]
Quote HistoryOriginally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? The only practical argument I see here is if the person would use a gun to kidnap a child. Sorry, I have become a “prohibited person” due to spending time in a psychiatric hospital 5 times, all because of a prescription medication some quack put me on, who had had his license suspended years before, but only for 90 days, by the state medical board. I was never in such a hospital before being on this medication. So many of these gun laws are fucking bullshit and need to go. |
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Posted: 5/10/2024 10:05:48 AM EDT
[#13]
I hope this makes it to the SC ASAP.
I know multiple people who have been denied their rights for silly shit. One that got caught growing a single marijuana plant in college... etc. |
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WI, USA
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Posted: 5/10/2024 10:06:41 AM EDT
[#14]
Quote HistoryOriginally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? 
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Posted: 5/10/2024 10:08:28 AM EDT
[#15]
Quote HistoryOriginally Posted By Gunnie357: The system needs revamped if your not safe in public with arms that means your not safe in public. Exactly. Guns aren't the only way dangerous people cause harm. |
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Posted: 5/10/2024 10:09:37 AM EDT
[#16]
Originally Posted By StevenH: https://cdn.ca9.uscourts.gov/datastore/opinions/2024/05/09/22-50048.pdf Three judge panel. 2:1 win. Dissent has already asked for en banc. Dissent cites precedent which existed in the 9th before Bruen, then claims Bruen has nothing to do with this case so they must follow pre-Bruen case law. That should give you an idea how the Dem nominated blackrobes will continue to treat this subject. In Vongxay, we held that § 922(g)(1) does not violate the Second Amendment as applied to persons with nonviolent felony convictions. The Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022), did not overrule Vongxay. Instead, Bruen reiterates that the Second Amendment right belongs only to law-abiding citizens. Duarte’s Second Amendment challenge to 18 U.S.C. § 922(g)(1), as applied to nonviolent offenders, is therefore foreclosed. Accordingly, I respectfully dissent. |
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Posted: 5/10/2024 10:09:50 AM EDT
[#17]
Quote HistoryOriginally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? If a person diddled with kids, they should be executed. That is a different discussion |
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TN, USA
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Posted: 5/10/2024 10:09:53 AM EDT
[#18]
Quote HistoryOriginally Posted By Fenric: Good, if they did their time and aren't violent then let them have it. Too many people getting caught up with stupid felonies over white collar crimes or casual drug use. Id say dru dealers should be counted as violent though since what they sell can kill people, especially if lacd with stuff like fentanyl etc. Drugs I generally can be slippery slope. |
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Posted: 5/10/2024 10:09:56 AM EDT
[Last Edit: towerofpower94]
[#19]
Quote HistoryOriginally Posted By p3590: I mean, fuck pedophiles and all, but they should be executed or imprisoned, or they should have gun rights. Quote HistoryOriginally Posted By p3590: Originally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? Yup. ETA: and I side with "executed" should they be found guilty of sexually assaulting a minor. |
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Posted: 5/10/2024 10:10:01 AM EDT
[#20]
Quote HistoryOriginally Posted By lokifox: I hope this makes it to the SC ASAP. I know multiple people who have been denied their rights for silly shit. One that got caught growing a single marijuana plant in college... etc. Rahimi should come out this summer |
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Posted: 5/10/2024 10:12:32 AM EDT
[#21]
Good for rights.
9th circuit deciding this as the news talks about Biden losing support and votes. Seems overly coincidental. |
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Posted: 5/10/2024 10:13:50 AM EDT
[#22]
Quote HistoryOriginally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? Do you think diddling kids is considered "non-violent?" |
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KS, USA
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Posted: 5/10/2024 10:16:39 AM EDT
[#23]
Quote HistoryOriginally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? The government’s refusal to execute them doesn’t justify subjecting me to background checks, record keeping, dealer licensing, and interstate sale restrictions in the name of keeping guns out of the hands of people who should be dead. |
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Posted: 5/10/2024 10:16:56 AM EDT
[Last Edit: chmodx]
[#24]
Quote HistoryOriginally Posted By AZ-Dave: Do you think diddling kids is considered "non-violent?" Quote HistoryOriginally Posted By AZ-Dave: Originally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? Do you think diddling kids is considered "non-violent?" I should've worded it differently. Physical molestation is and always had been violent in referring to the mingling/possession/distribution of kiddie porn. |
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Posted: 5/10/2024 10:18:03 AM EDT
[#25]
And the non violent felons of GD rejoiced!
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VA, USA
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Posted: 5/10/2024 10:18:06 AM EDT
[#26]
For every 1 person who committed non violent felony and straightens their life out, there are 10 who progress to more violent crime.
It’s easy to think of the cherry picked “good guy” case but the reality is these “non-violent” felons progress in their criminal career. I personally disagree with this, but obviously ymmv. |
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Posted: 5/10/2024 10:20:05 AM EDT
[#27]
Another thread where the fonzies bend over backwards to state their support for gun control without having the balls to say they support gun control.
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OR, USA
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Posted: 5/10/2024 10:21:22 AM EDT
[#28]
Good. If you are trustworthy enough to be part of free society you should be able to arm yourself. If you shouldn’t have guns you shouldn’t be part of free society.
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MO, USA
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Posted: 5/10/2024 10:22:27 AM EDT
[#29]
Once you have done your time and are no longer "justice involved" you should no longer have your rights infringed upon. If that is still necessary you should still be locked up.
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Posted: 5/10/2024 10:22:28 AM EDT
[Last Edit: fargo007]
[#30]
The core constitutional issue I see here:
The government wants "the people" to mean literally everyone in the world for the purpose of 25 amendments, but something totally different for just one other amendment. If it's all or nothing, then felons also have a notionally unencumbered right to vote. |
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Posted: 5/10/2024 10:23:13 AM EDT
[#31]
So no more misd. crime involving DV? That’s a game changer for many!
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Posted: 5/10/2024 10:23:17 AM EDT
[#32]
If some criminal dude got in a fight with another dude that then, in turn, transitioned, would that count as domestic abuse against a minority? in the 9th circuit? I think it would...
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Posted: 5/10/2024 10:24:01 AM EDT
[#33]
Quote HistoryOriginally Posted By Mblades: Good. If you are trustworthy enough to be part of free society you should be able to arm yourself. If you shouldn’t have guns you shouldn’t be part of free society. This is what it comes down to. We're too afraid to cull the herd and remove broken toys, permanently, from the world. |
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OR, USA
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Posted: 5/10/2024 10:25:05 AM EDT
[#34]
Quote HistoryOriginally Posted By thedownzero: For every 1 person who committed non violent felony and straightens their life out, there are 10 who progress to more violent crime. It’s easy to think of the cherry picked “good guy” case but the reality is these “non-violent” felons progress in their criminal career. I personally disagree with this, but obviously ymmv. Stripping someone’s gun rights only hurts that 1 in 10 you are talking about. Violent criminals don’t care about gun laws. |
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UT, USA
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Posted: 5/10/2024 10:28:41 AM EDT
[#35]
Are we going to define what "non-violent" entails? Because recently, speech has been identified as being "violent."
Those fragile little snowflakes that see an American flag and get triggered into a meltdown thinks anything that offends them is violent. Aside- it's a pretty obvious indicator of mental illness when someone breaks down crying at the sight of a MAGA hat, yet I haven't seen or heard any instance where a conservative breaks down at the sight of the USSR or Chinese flag. Imagine if the Right had the emotional fortitude of the Left. We would just crumble at the sight of a Che Guevara shirt. |
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GA, USA
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Posted: 5/10/2024 10:28:46 AM EDT
[#36]
Quote HistoryOriginally Posted By wakeboarder: If a person diddled with kids, they should be executed. That is a different discussion Quote HistoryOriginally Posted By wakeboarder: Originally Posted By chmodx: Even if the person had kiddie porn? I always hear the "they did their time..." things here, but if the person diddles with kids, still feel the same? If a person diddled with kids, they should be executed. That is a different discussion Or at the least castrated, chemically or surgically. |
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MA, USA
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Posted: 5/10/2024 10:29:13 AM EDT
[#37]
Quote HistoryOriginally Posted By thedownzero: For every 1 person who committed non violent felony and straightens their life out, there are 10 who progress to more violent crime. It’s easy to think of the cherry picked “good guy” case but the reality is these “non-violent” felons progress in their criminal career. I personally disagree with this, but obviously ymmv. Maybe there's a significant disconnect between crime and punishment in America that can't be fixed by banning people from doing things while not in prison. If you send someone to prison and they come out a worse person, you are either fucking people up in prison, or letting people out who should not be let out. |
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USA
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Posted: 5/10/2024 10:30:09 AM EDT
[#38]
Quote HistoryOriginally Posted By Inneedofhelp: The only practical argument I see here is if the person would use a gun to kidnap a child. Sorry, I have become a “prohibited person” due to spending time in a psychiatric hospital 5 times, all because of a prescription medication some quack put me on, who had had his license suspended years before, but only for 90 days, by the state medical board. I was never in such a hospital before being on this medication. So many of these gun laws are fucking bullshit and need to go. The threat of force is used to facilitate the kidnapping, hence armed kidnapping is a violent crime. |
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Posted: 5/10/2024 10:30:58 AM EDT
[#39]
Quote HistoryOriginally Posted By chmodx: Even if the person has/distributes kiddie porn? I always hear the "they did their time..." still feel the same? The problem isn't restoration of rights. It's what "their time" is. Why are they out amongst us again? |
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Posted: 5/10/2024 10:33:53 AM EDT
[#40]
Quote HistoryOriginally Posted By Network_Daddy: Once you have done your time and are no longer "justice involved" you should no longer have your rights infringed upon. If that is still necessary you should still be locked up. Unfortunately, we don't have a justice system, it's a legal system. |
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VA, USA
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Posted: 5/10/2024 10:35:49 AM EDT
[#41]
This is the only way we will eventually get something like provisions of the NFA repealed. We have to win every gun rights case, even if we don't like that it may restore 2A rights to people we aren't comfortable with. When a ban against certain people or a ban against certain kinds of guns is upheld, it makes this much harder... over the last century 2A restrictions have only grown, and we can't be picky about the wins we get.
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Posted: 5/10/2024 10:43:09 AM EDT
[#42]
Quote HistoryOriginally Posted By chmodx: Even if the person has/distributes kiddie porn? I always hear the "they did their time..." still feel the same? We can all agree that CP is a heinous crime. However, if they did their time, and other constitutional rights are restored, then I don’t have a problem with 2A rights restoration also. When we start carving out exceptions to deny rights based on this, that, or the other, we start down a slippery slope our enemies will try to use to deny rights for all sorts of things. |
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Posted: 5/10/2024 10:50:28 AM EDT
[#43]
Quote HistoryOriginally Posted By burkeva: And the non violent felons of GD rejoiced! California has a list of misdemeanors that result in a 10-year ban on firearms ownership. Michigan prohibits you from owning guns if you use someone else’s ice fishing shanty So this ruling could potentially correct some of those abuses. Its worth celebrating |
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Posted: 5/10/2024 10:51:37 AM EDT
[#44]
Quote HistoryOriginally Posted By StevenH: California has a list of misdemeanors that result in a 10-year ban on firearms ownership. Michigan prohibits you from owning guns if you use someone else’s ice fishing shanty So this ruling could potentially correct some of those abuses. Its worth celebrating You mean breaking and entering? |
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Posted: 5/10/2024 10:56:36 AM EDT
[#45]
How can they discriminate against violent felons?
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Posted: 5/10/2024 10:57:31 AM EDT
[#46]
So the 4473 will say "Have you ever been convicted of a violent felony"
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Posted: 5/10/2024 10:57:45 AM EDT
[Last Edit: ske714]
[#47]
Quote HistoryOriginally Posted By Bubbles: Dupe. https://www.ar15.com/forums/general/Didn-t-expect-to-see-this-ruling-out-of-the-Ninth-Circuit-USA-v-DUARTE/5-2724235/ Clickbait. Turn in badge. Also, PLEASE STOP with the clickbait thread titles. See how well they work? This thread has over 50 replies already. Your clickbait thread has 6. |
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Posted: 5/10/2024 10:58:05 AM EDT
[#48]
Good
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FL, USA
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Posted: 5/10/2024 10:59:44 AM EDT
[Last Edit: WildBoar]
[#49]
Quote HistoryOriginally Posted By chmodx: Even if the person has/distributes kiddie porn? I always hear the "they did their time..." still feel the same? If it means everyone else that served their punishment then yes. If one is a free person then they are free and should retain their rights once free Can't punish everyone because of a flawed system that lets pedos out. They should be executed or put away for life in my opinion. |
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Posted: 5/10/2024 10:59:47 AM EDT
[#50]
I don't want a government funded or staffed at a level to prohibit who has gun outside of the courts/jails/etc. The edge cases for big gov far outweigh any it could ever prevent.
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