Daniel
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A U.S. appeals court on Thursday declared unconstitutional a federal law making it a crime for people under domestic violence restraining orders to own firearms.
The decision by a three-judge panel of the 5th U.S. Circuit Court of Appeals is the latest victory for gun rights advocates since a Supreme Court decision last June granting a broad right for people to carry firearms outside the home.
That decision, New York State Rifle & Pistol Association v. Bruen, announced a new test for assessing firearms laws, saying restrictions must be "consistent with this nation's historical tradition of firearm regulation," and not simply advance an important government interest.
In Thursday's decision, Circuit Judge Cory Wilson said banning people under domestic violence restraining orders from owning firearms "embodies salutory policy goals meant to protect vulnerable people in our society."
But the judge, appointed by Donald Trump, said Bruen made such a consideration irrelevant, and that from a historical perspective the ban was "an outlier that our ancestors would never have accepted."
The court threw out the guilty plea and six-year prison sentence for Zackey Rahimi, who admitted to possessing guns found in his Kennedale, Texas, home after prosecutors said he participated in five shootings in Dec. 2020 and Jan. 2021.
Rahimi had been under a restraining order since Feb. 2020, following his alleged assault of a former girlfriend.
The office of U.S. Attorney Leigha Simonton in Dallas, which prosecuted Rahimi, had no immediate comment.
A federal public defender representing Rahimi did not immediately respond to requests for comment.
The 5th Circuit is based in New Orleans, and its decision applies in Texas, Louisiana and Mississippi.
It had upheld the federal law last June 8, just over two weeks before the Bruen decision, but withdrew its opinion and ordered additional briefing.
In a concurrence, Circuit Judge and Trump appointee James Ho said the nation's founders "firmly believed" in the government's role in protecting people from violence and the right of individuals to bear arms, and that these principles "are not inconsistent but entirely compatible with one another."
Reporting by Jonathan Stempel in New York; Editing by Bill Berkrot
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20 minutes ago, Capbyrd said:
the five had just over years.
just over how many years?
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7 hours ago, Capbyrd said:
And those rumors and conjecture don’t contribute to the discussion, at this point. I think a lot of people are trying to spread these “whys” to justify why people they generally seem to respect or “back” or support would do something like this. And in my mind it distracts us from the fact that it did happen. The why doesn’t matter. They were driving MPD vehicles, getting paid by MPD and wearing MPD uniforms. They represent not just Memphis but police officers nationwide. We are a developed, supposedly free, nation. Our law enforcement officials should never act in this manner, reasons be damned.
If Tyre was sleeping with one of their girls, does it change anything? They used their position of authority to take a man’s life. That’s the point of this. The why doesn’t change that for me.
And we arent talking about one or two individuals.
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4 hours ago, MacGyver said:
It’s awful.
I’d encourage people to use some discretion in even watching it.
It’s hard to imagine them not being convicted of murder.
I watched an edited blurred beeped 1:30 second clip on AP News and that was enough for me.
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On 1/24/2023 at 3:08 PM, Erik88 said:
I know of a few in Minnesota that kneeled on a guys neck until he died.
I agree with the gist of your response though. I'm not sure what the solution is here. I wouldn't run from police but I also don't expect them to beat someone to death if they do run. I'm wondering what the videos will show.
I recall a guy in a hotel room who was killed doing exactly as he was told crawling on his hands and knees begging to not be killed.
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I have flight sim gear but not enough time to dig into it.
I do play War Thunder on PC.-
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On 11/27/2022 at 3:38 PM, No_0ne said:
I think his post was a bit tongue-in-cheek, as the Tennessee fans seemed to outnumber the Vandy crowd on their home field ...
My wife (UT undergraduate and vandy masters grad) and daughter (UT junior) went to the game kind of last minute. In fact they missed the first UT TD. Wife is more a Vandy than UT fan but they both wore Orange. Go Vols.
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On 11/21/2022 at 11:44 AM, Chucktshoes said:
I tapped out after four episodes.
I watched ... the first 6? however long the first season was. It just struck me as a soap opera with guns and zombies.
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On 10/10/2022 at 11:08 AM, gun sane said:
Bump to top with Central Texas Gun Works pushback on new rule.
New Rule Requires Firearms Dealers to Disclose Buyer Information to Government (theepochtimes.com)
The epoch times is run by a cult.
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On 11/11/2022 at 11:47 PM, Grayfox54 said:
Thanks yall but this sign has it covered by me.
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19 hours ago, Garufa said:
Go Vols!
Can we change it so that Georgia has to come here next week?
I wish.
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Is this a joke about a man in his 80s getting beaten in his own home with a hammer?
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https://www.reuters.com/business/energy/shell-reports-95-bln-profit-q3-plans-raise-dividend-2022-10-27/
that's weird.
QuoteShell on Thursday posted a third-quarter profit of $9.45 billion, slightly below the second quarter's record high, due to weaker refining and gas trading, and said it will sharply boost its dividend by the end of 2022 when its CEO departs.
QuoteWith a profit of $30.5 billion so far this year, Shell is well on track to exceed its record annual profit of $31 billion in 2008.
QuoteEarnings for the second quarter were a record $11.5 billion.
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On 10/8/2022 at 11:38 AM, Erik88 said:
The clerk's office was kind enough to send me this new plate. I wonder if someone will confuse this for a personal plate and key our car.
I am amused... my wife got BJS as hers. She was not amused.
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On 10/7/2022 at 11:27 AM, Grayfox54 said:
pit bulls get s lot of bad publicity. I honestly don't know if its deserved or not
I mean it is deserved because 8-9/10 it's a pit bull or mix that mauls someone.
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lol I am a fellow american. You should lighten up Francis.
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16 hours ago, Omega said:
So, you are familiar with these forums I take it? Yes, that was rhetorical.
I mean I am aware of https://www.reddit.com/r/liberalgunowners/ but that is the extent of my "leftist's gun forums" knowledge.
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2 hours ago, LSMurphy said:
The Left has been WELL ARMED for a long time, this is nothing new.
And they ain't your buds.
Look up "Leftist's gun forums" for yourself.
Depends... I am not your bud at the maga rally but I am a gun owner.
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https://www.cnn.com/2022/09/27/us/gun-owners-liberal-women-minority-reaj/index.html
CNN story? About Liberal gun owners? In California? Yes.-
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I like that National Anthem.
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Lol if they are looking at juvenile history I may not get approved anymore.
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57 minutes ago, Grayfox54 said:
I'd bet that most of those guns are too hot to hold. Probably got a body or two on them as well. I see a couple there worth some real money.
I wonder if ballistics and serial numbers will be checked? Or was anonymity part of the deal?
the AR and at least one of the shotguns appear to be NFA no?
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1 hour ago, gregintenn said:
Have you seen what the other side advocates? I don’t want progress. I want a complete defeat.
I havent, what do they advocate?
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19 hours ago, Capbyrd said:
I don’t like the guy, but this stuff just doesn’t help. All of this and the stickers and the let’s go brandoning only widens the chasm between two sides and prevents progress.
You had me in the first half...
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People under domestic violence orders can own guns -U.S. appeals court rules - Reuters
in 2A Legislation and Politics
Posted
That was my reading also.