In 2019, Texan Zackey Rahimi assaulted his girlfriend and fired his gun at a witness. He was put under a domestic violence restraining order, which he violated by possessing a firearm—an infraction under a 1994 federal laws—which he fired at people on multiple occasions. In his defense, Rahimi argued that the restraining order’s gun ban violated his 2nd Amendment right to bear arms.
The 5th Circuit Court of Appeals agreed: there was no 18th century law analogous enough to the statute barring Rahimi from possessing a gun, and therefore under Bruen, that statute must be unconstitutional.
Yo what the FUCK
I can see why Texas is the venue that Republicans go to when they wanna get some crazy shit into precedent on a federal level
If someone’s fundamental rights are violated in the process of enacting the law the trial conviction is considered invalid. So he’s kind of has been under shrodinger’s conviction for a federal crime, neither considered a vaild nor invalid convict until this box was opened.
But had he been charged with a felony for shooting at people before this incident even took place, he wouldn’t have had his rights anymore already.
Basically I mean if he shot at people and got charged with a felony and got his guns taken as a result,
and then beat his GF and got a DV charge banning him from possessing the guns he was already banned from owning,
and then he sues on the grounds of the DV conviction banning him from having guns,
even if he wins, he is still barred from having guns because of the previous felony banning him from having guns, which would be separate from the DV.
Also even if he’s awaiting trial on felony charges, he is still not legally allowed to possess a gun.
Unless you mean the police or prosecution violated his rights (like the right to counsel) during the original trial for shooting at people non-DV related, and so that case was dismissed, which is a possible explanation for why he got off without a felony for shooting at people. Could be, and that’s another reason to add to the list for “why they shouldn’t violate people’s rights during trial,” because if so that let this dickhead go free.
I could be wrong, but my assumption is that he’s in quite a lot of trouble and going to be in an extended limbo of custody and probation for quite a while going forward because of his other charges, whichever way the more minor issue of violating the protective order comes out (i.e. his lawyers are just mounting a vigorous defense as they’re supposed to do, and they found one of them that they can fight effectively through this weird little argument.)
But like, shooting at multiple people in the past is a felony unless it was judged to be self defense, right? I’m assuming it wasn’t self defense from the way it mentions him firing the gun at people. And if he’s under indictment for a felony charge or has been convicted of a felony he isn’t allowed to have firearms regardless of any other DV situation. What happened with the “firing at people” thing, did he get off?
The 18th century analogy standard was widely misused. Probably because SCOTUS didn’t make it clear and it’s a strange standard anyway. But yeah, the fifth circuit is a wild one
Confused what the complaint is here, they ruled that you can’t be a criminal and own a firearm.
We have a bigger issue that abusers are rarely forced to give up their firearms.
Did you read the article? It’s mostly about how Rahimi relates to Bruen and why that makes it so problematic. Nowhere do they condemn the outcome
So it’s more bullshit take on the Bruen ruling that anti-2a groups are still salty from? This has nothing to do with the Rahimi ruling at all…
Some folks are trying to spin this ruling as good news for Hunter Biden and I don’t see it.
The court ruled it’s OK to deny gun rights to domestic abusers.
People really think they’ll deny abusers but allow crack addicts? 🤔
Statement of fact: Supreme court doesn’t want criminals to be able to get guns.
Abusers are criminals, no guns for them.
Drug users are criminals… what do you suppose their ruling will be?
It’s not going to benefit Hunter in the slightest.
Maybe personal beliefs shouldn’t be imposed on policy that affects different people of different faiths. Wish that was written down somewhere. We could use it as a guideline for how the founding fathers wished the country would be run.
I don’t know man, maybe slave owning people who lived 248 years ago didn’t have the best ideas, or the be all end all say in how a government should work? Maybe I’m nuts?
That’s a really broad brush you’re painting with. It’s almost as if the founding father is were complex human beings with complex issues that they had to compromise a lot on in order to even start the country we live in. I mean they kicked that slavery can down the road, where it landed and started the Civil War.
That really is the problem with a lot of the Constitution and similar founding documents. Some of them were widely popular universally (such as banning the quartering of troops) at the time but have little real bearing on our lives today if any. Others were so divisive that they had no choice but to either leave them out entirely (slavery) or compromise messily (iirc that’s why we have the electoral college, but I’m rusty on the details).
But no I mean let’s just hold them up as if they were demigods who could make no errors and knew everything. Because that makes fucking sense.
So you agree with me? What’s your point? Pretending things are the same as 200 years ago is willfully ignorant. Pretending the constitution is a sacred document like the ten commandments is dumb.
But a guy who supposedly is the son of an imaginary guy born of miracle intercourseless birth who makes up arbitrary rules about how to treat others and life life does. We should let him decide about the binary ‘nature’ of gender. Got it.
Every time I see his corrupt face I hope it made the frontpage because he stepped down, slipped and broke his neck or whatever.
Disappointed once more.
I like my corrupt justices like I like my coffee: ground up, boiled, and helping me shit out last night’s dinner
The reminds me of the line on, “In Living Color” that got the show banned from our house:
I like my friends like I like my coffee: Black & Bitter!”