Delaware Concealed Carry Forum
State News & Gun News => NRA & National Gun News => Topic started by: Clarence on September 20, 2022, 09:02:38 PM
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One of the most egregious parts of the ‘68 Gun Control Act, the denial of obtaining a firearm by an individual merely charged with a felony (before a conviction) has been thrown out by a Federal Judge.
The opinion here:
https://storage.courtlistener.com/recap/gov.uscourts.txwd.1165328/gov.uscourts.txwd.1165328.82.0.pdf
Can be boiled down to this:
The Second Amendment is not a “second class right.” No longer can courts balance away a constitutional right. After Bruen, the Government must prove that laws regulating conduct covered by the Second Amendment’s plain text align with this Nation’s historical tradition. The Government does not meet that burden. Although not exhaustive, the Court’s historical survey finds little evidence that § 922(n)—which prohibits those under felony indictment from obtaining a firearm—aligns with this Nation’s historical tradition. As a result, this Court holds that (18 USC) § 922(n) is unconstitutional.
Thus the first nail in the coffin of the Gun Control Act is driven.
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Before a conviction, bad, if convicted, no gun!!
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This is great news!
I wish they would also create a better way for non-violent felons to have their 2nd Amendment rights restored. Not sure if you guys every peruse Delaware law, but it is super easy to catch a felony. I personally don't have a felony, but for those that do and have changed from their lawless ways it seems there should be a better path forward for them.
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Seth: I agree. Historically felonies were crimes punishable by death. The GCA actually bans possession for felons and also anyone convicted of a crime PUNISHABLE by more than one year imprisonment ( 2 years for state misdemeanors). This impediment is for life.
People especially when young plead to misdemeanors and find out later that they are now lifetime prohibited.
Examples:
Driving 25 miles over the speed limit in Virginia is considered reckless driving and is a class A misdemeanor PUNISHABLE by up to 3 year’s imprisonment. Even though you just paid a fine you are now lifetime prohibited person.
Case right now in federal court of a guy who was convicted of selling bootleg cassette tapes through the mail in the 1970’s and is prohibited. As it is federal his only way out is a presidential pardon!!
I knew a guy who sold a small bag of marijuana to an undercover cop in the ‘70s, plead guilty on the promise he would do no time and was prohibited until he recently got a pardon.
I think all of these laws will need to be re-examined
The Bruen decision clearly states that the Second Amendment is not a second class right. It cannot be “means tested” in that we look at what MIGHT happen if the law is overturned.
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This article appeared on Breitbart news today:
https://www.breitbart.com/politics/2022/09/22/texas-judge-law-barring-gun-purchases-by-persons-under-felony-indictment-unconstitutional/