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Old 03-04-2023, 13:23   #1723
Badger52
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Join Date: Jan 2011
Location: Western WI
Posts: 6,817
Quote:
Originally Posted by GratefulCitizen View Post
Brick by brick, gun control is being dismantled.

https://storage.courtlistener.com/re...4593.154.1.pdf

From the decision:

“Doubtless, 18 U.S.C. § 922(g)(8) embodies salutary policy goals meant to protect vulnerable people in our society. Weighing those policy goals’ merits through the sort of means-end scrutiny our prior precedent indulged, we previously concluded that the societal benefits of § 922(g)(8) outweighed its burden on Rahimi’s Second Amendment rights. But Bruen forecloses any such analysis in favor of a historical analogical inquiry into the scope of the allowable burden on the Second Amendment right. Through that lens, we conclude that § 922(g)(8)’s ban on possession of firearms is an “outlier[] that our ancestors would never have accepted.” Id. Therefore, the statute is unconstitutional, and Rahimi’s conviction under that statute must be vacated.”
Nice when it's made apparent and the subject of the review isn't the most stellar dipstick on the planet.



Quote:
The Second Amendment is not “a second-class right.” Bruen, 142 S.
Ct. at 2156. It is not “subject to an entirely different body of rules than the
other Bill of Rights guarantees.”

...

18 U.S.C. § 922(g)(8) disarms individuals based on civil protective
orders—not criminal proceedings. As the court today explains, there is no
analogous historical tradition sufficient to support § 922(g)(8) under Bruen
.
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