Repeal the Second Amendment

[Cameron]

Justice Scalia from Heller:



Felons will get no relief from Heller. The same applies to the mentally ill, domestic abusers, illegal aliens or any other category of prohibited persons. The list of those prohibited from possessing firearms is not going to shrink any time soon. In fact, that list is more likely to expand to include even more categories.

An interesting case. United States v. Hayes (2009). Mr. Hayes was charged with being a prohibited person in possession as a result of a previous battery conviction. He roughed up his wife in 1994 and was convicted. The original conviction occurred prior to Congress amending the GCA to add perpetrators of domestic violence as a category of prohibited persons. As is usually the case with these clowns, he was born a coward and apparently decided to beat up his wife again. Unfortunately for him, the police investigating the second incident found a rifle. He was charged with being a prohibited person in possession. Mr. Hayes argued that his original conviction and subsequent federal firearms disability wasn’t covered by either state law or the GCA. The Supreme Court disagreed, reversed the lower court and upheld the conviction under 18 USC § 922 (g) (9).

Maybe you missed #34:

That's all true, but that was before the Supreme Court ruled that the Second protects our individual right to self-defense.

That didn't happen until around 2010.

And even then, Scalia said, in passing, that these laws would still be okay, but that wasn't the issue before the court.

I kinda laughed when I read it because he was saying that the Second protects our individual right to self-defense -- but not everybody.

I'm not sure I can think of any individual rights that don't apply to everybody.

[Cameron]

Commit a crime, go to prison.

Then try to "peaceably assemble" or exercise your "freedom of the press."

You will lose 1st Amendment rights -- due process again.

Very thought provoking, legal question. Interesting twist on what the 2nd says....or doesn't say. Has this issue gone before the Supreme Court? Seems like this is something the ACLU would take up, pro bono.

Also, if you do the time, isn't there a legal presumption you've paid for your crime? If so, then why should a convicted felon, who's served his time, be bared from owning a gun?

Like slapshot says, Jeebus, we're talking about people who have done the time.

Or else we'd have to let them have guns in prison, too.