Kelly Roskam of the Center for Gun Violence Solutions discusses a major firearms case before the Supreme Court
Kelly Roskam of the Johns Hopkins Center for Gun Violence Solutions discusses a Supreme Court case that will decide if a federal law prohibiting possession of firearms by people subject to domestic violence protection orders is constitutional
Yea the thing this article puts in the fine print is he has not been convicted of any crimes, he has not had his bail revoked by the judge, and none of the alleged crimes were fellonius. If any of these three conditions had been met, he would not have his weapons. The case was not struck down due to a 2A violation, it was struck down because it’s unconstitutional under the due process clause, and pretty black and white at that. If he endangered the public after his arraignment the judge should have revoked his bail.
If you want someone to lose rights, convict them of a felony or revoke their bail as a danger to society. Neither of these things were done in this case, so this isnt' a 2A case, it's a due process case.
The way I see it is that no one is being deprived of due process. If your guns were removed you will still have your day in court. Timing is incredibly critical on situations like theses. I value someone's right to live over someone else's right to possess guns. Specially since they can petition a court to review their case and if it doesn't meet the standard establishmented by law then the guns can be returned with no permanent damage done to the gun holder. To me the due process argument is a wrapper for a 2a argument.
Specially since they can petition a court to review their case
You do understand you're putting the burden on the person whose rights are being restricted without them having "had their day", right? That's... kind of the whole problem.
The right to bear arms is a conditional right. One of those conditions is being someone who is capable of responsible ownership. Threatening the safety of another person is a lack of that trait.
One of those conditions is being someone who is capable of responsible ownership.
Oh? Was that from the Lost Chapter of the Bill of Rights?
Threatening the safety of another person is a lack of that trait.
Then a person should have no difficulty with the assault and/or battery conviction or the significant evidence in support of an ERPO and proving it, justifying the infringement on a right.
Yes I completely understand that. I think the prophylactic benefit outweighs the inconvenience. Due process is there when the order is originally given and there is a method of redress.
I think the prophylactic benefit outweighs the inconvenience.
Due to the sheer extent to which this is currently open for abuse (e.g. see prior link), I entirely disagree.
This is a problem common to ERPOs and is part of why they're so strongly resisted - tranpling a person's rights requires extreme diligence and emphasis on restoration of those rights. Putting the burden on the individual whose rights have been wrongfully infringed upon to regain their rights through procedural bullshit is a complete inversion of burden of proof, is a vector for harassment and abuse itself, and approaches enabling bans by incremental erosion of rights.
If there was conclusive data to indicate such measures would impact domestic violence - not just that by firearm - you would at least be able to try and justify making such a change. As it stands, we have only myriad correlations with minimal control for other factors and even then, there's not much to be shown for domestic violence, categorical improvement - just a shift in implement.
With that justification in place, you're still obligated to cover the road to restoration of rights in order to ensure anyone wrongfully impacted is made whole with no burden on their part.
If you want to argue for some Trumpian "take the firearms first" nonsense, don't be surprised when such measures are so strongly criticized and pushed back upon.
Due process is there when the order is originally given and there is a method of redress.
If you get caught drunk driving your license is revoked before your day in court. There are many instances of society restricting rights before your day in court. Perhaps no one should ever be in jail by your logic before being convicted.
So your saying that freedom from detention is not constitutionally protected? I am getting a little sick of these constitutional revisionist and 2nd amendment nutters.