Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > 2nd Amend. Litigation Updates & Legal Discussion
Register FAQ Members List Calendar Mark Forums Read

2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 05-02-2018, 2:50 PM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,338
iTrader: 0 / 0%
Default Illinois District Court Rules 922(g)(1) Unconstitutional

A judge of the USDC for the Southern District of Illinois has ruled that 18 USC 922(g)(1)'s prohibition of firearms fro felons is unconstitutional as applied to a person convicted of a non violent felony. See Hatfield v. Sessions (not McCoy). Let's see what happens down the road. The case has some interesting verbage regarding what Heller meant.
Reply With Quote
  #2  
Old 05-02-2018, 3:57 PM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 1,016
iTrader: 0 / 0%
Default

I think this is the best part of the opinion.


The Government has fallen on their own sword by relying on these cases: at the time of the founding, English common-law felonies consisted of murder, rape, manslaughter, robbery, sodomy, larceny, arson, mayhem, and burglary. Jerome v. United States, 318 U.S. 101, 108 n.6 (1943); Wayne R. LaFave, Criminal Law, 2.1(b) (5th ed. 2010). So if the Founders intended to allow Congress to disarm unvirtuous felons, that intent would have necessarily been limited to individuals convicted of one of those nine felonies. Hatfield, however, violated a statutory felony that Congress created in 1948: making a false statement in breach of 18 U.S.C. 1001. That offense is most similar to the common law offense of forgery, which first arose in 1727 as a misdemeanor—not a felony. Jerome, 318 U.S. at 109 n.7; LaFave, supra. 3 Critics of this approach may complain that we do not read constitutional rights this way—for example, the Fourth Amendment prohibition against unreasonable searches now applies to electronic devices that the Founders did not contemplate, and the First Amendment covers forms of communication that the Founders did not contemplate. But those scenarios are entirely different: they consider the expansion of constitutional rights that protect the people over time, whereas the Government here is [*14] attempting to shrink Second Amendment rights of the people.


That is some OG historical analysis right there
Reply With Quote
  #3  
Old 05-02-2018, 3:58 PM
warbird's Avatar
warbird warbird is offline
Senior Member
 
Join Date: Jan 2010
Location: backing up into Nevada
Posts: 1,381
iTrader: 13 / 100%
Default

The second amendment if i remember right never bared felons or anyone. So shouldn't any restrictions even in the light of public safety be illegal unless a man/woman has their day in court and a judge finds that person to be prohibited individually from his second amendment rights based on his actions during and after the offense and he continues to create a clear and public danger by having weapons? but your district attorneys want a blanket restriction because they would have to take each individual into court wouldn't they?
Reply With Quote
  #4  
Old 05-02-2018, 3:59 PM
DASchell DASchell is offline
Member
 
Join Date: Jul 2016
Posts: 102
iTrader: 0 / 0%
Default

Nice Find & Read
Reply With Quote
  #5  
Old 05-02-2018, 4:50 PM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 1,016
iTrader: 0 / 0%
Default

Quote:
Originally Posted by warbird View Post
The second amendment if i remember right never bared felons or anyone. So shouldn't any restrictions even in the light of public safety be illegal unless a man/woman has their day in court and a judge finds that person to be prohibited individually from his second amendment rights based on his actions during and after the offense and he continues to create a clear and public danger by having weapons? but your district attorneys want a blanket restriction because they would have to take each individual into court wouldn't they?

Well common law felons had no rights at all and were often put to death
Reply With Quote
  #6  
Old 05-02-2018, 4:56 PM
big red's Avatar
big red big red is offline
Senior Member
 
Join Date: Mar 2010
Posts: 872
iTrader: 5 / 100%
Default

well death solved that problem but we do not have that option now do we? Now we have felons and still nothing in the second amendment that bars felons especially those that did not commit violent crimes.
Reply With Quote
  #7  
Old 05-03-2018, 4:17 AM
garandguy10 garandguy10 is offline
Member
 
Join Date: Apr 2008
Posts: 236
iTrader: 0 / 0%
Default

This ruling will be quickly dispatched by a higher court.
Reply With Quote
  #8  
Old 05-03-2018, 7:50 AM
homelessdude homelessdude is offline
Senior Member
 
Join Date: Aug 2013
Location: inland empire
Posts: 895
iTrader: 0 / 0%
Default

Calif. has been expanding this for twenty years. It now includes several pages of misdemeanors for everything you can imagine. Maybe someday that ruling will help overturn some of the crap here.

PS. It's political commercial time; don't believe any of the stupid claims they make.
Reply With Quote
  #9  
Old 05-03-2018, 7:57 AM
njineermike's Avatar
njineermike njineermike is offline
Calguns Addict
 
Join Date: Dec 2010
Location: CO
Posts: 9,810
iTrader: 1 / 100%
Default

Quote:
Originally Posted by wolfwood View Post
Well common law felons had no rights at all and were often put to death
Dead felons commit 100% fewer crimes.
__________________
NRA lifetime member
2AF Defender member

When did I go from being a "citizen" to a "taxpayer"?

Jon Lovitz: I cant wait to go to a hospital run by the DMV!

Quote:
Originally Posted by Kestryll View Post
Dude went full CNN...
Reply With Quote
  #10  
Old 05-03-2018, 8:21 AM
00Medic's Avatar
00Medic 00Medic is offline
Senior Member
 
Join Date: Aug 2011
Location: Under your bed.
Posts: 1,946
iTrader: 12 / 100%
Default

Quote:
Originally Posted by njineermike View Post
Dead felons commit 100% fewer crimes.
And vote Democrat 100% more often.
__________________
Quote:
Originally Posted by TeddyBallgame View Post
I've never understood why any of our Constitutional rights are governed by the very institution they were put in place to protect us from.
Quote:
Originally Posted by POLICESTATE View Post
It is not wise to create criminals where none exist. Especially when those newly-minted criminals may or may not be heavily armed with guns you know nothing about.
Quote:
Originally Posted by U.S. General Tony McAuliff
"Men, we are surrounded by the enemy. That means we have the greatest opportunity ever presented to an army. We can attack in any direction we choose."
Reply With Quote
  #11  
Old 05-06-2018, 12:01 PM
ronlglock's Avatar
ronlglock ronlglock is offline
Senior Member
 
Join Date: May 2011
Posts: 1,167
iTrader: 9 / 100%
Default Illinois District Court Rules 922(g)(1) Unconstitutional

Quote:
Originally Posted by 00Medic View Post
And vote Democrat 100% more often.


Except in Illinois and New York where it is > 300% more often.


Sent from my iPhone using Tapatalk
__________________

NRA Patron, CRPA Life, SAF Life, GSSF Life, NRA RSO and pistol instructor, ILEETA instructor. Stop me before I join something else!

Last edited by ronlglock; 05-08-2018 at 5:35 PM..
Reply With Quote
  #12  
Old 05-06-2018, 1:46 PM
MJB's Avatar
MJB MJB is offline
CGSSA Associate
 
Join Date: Sep 2010
Location: San Diego
Posts: 4,177
iTrader: 0 / 0%
Default

Well we shall see how this goes
__________________
One life don't blow it!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 1:10 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.