So much for Hunter’s gun charge
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It’s just the 5th circuit, but who here thinks SCOTUS would disagree?
"You never know what worse luck your bad luck has saved you from."
-Cormac McCarthy -
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First question, yes, the statute mentions only illegal drugs. You may recall I had a thread about Hunter’s lawyers threatening to take that to SCOTUS, and imagining the spectacle and the cognitive dissonance among left and right.
Second question, I don’t know.
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It’s just the 5th circuit, but who here thinks SCOTUS would disagree?
@jon-nyc said in So much for Hunter’s gun charge:
It’s just the 5th circuit, but who here thinks SCOTUS would disagree?
Bad example.
At the time of his arrest, as far as I can tell, the plaintiff was not a convicted felon. Therefore, his weapon possession at that time was legal.
Afterwards, no. And if the Fifth Circuit says he should be allowed to posess firearms, it's a bad ruling.
“Cry havoc and let slip the DOGE of war!”
Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton
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@jon-nyc said in So much for Hunter’s gun charge:
It’s just the 5th circuit, but who here thinks SCOTUS would disagree?
Bad example.
At the time of his arrest, as far as I can tell, the plaintiff was not a convicted felon. Therefore, his weapon possession at that time was legal.
Afterwards, no. And if the Fifth Circuit says he should be allowed to posess firearms, it's a bad ruling.
@Jolly said in So much for Hunter’s gun charge:
And if the Fifth Circuit says he should be allowed to posess firearms, it's a bad ruling.
They’re going out on a small limb here, since the law says it’s illegal to own a handgun if you use illegal drugs.
The 5th circuit is the most conservative appeals circuit and is particularly keen on second amendment stuff. I would bet loads of money SCOTUS will agree with them.
In particular, under this this law you don’t even have to be convicted of drug use. Therefore it takes away 2nd amendment rights without any due process. That has 6-3 majority ruling written all over it.
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Actually, the law says it's illegal to purchase a firearm if you use illegal drugs.
Form 4473:
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I get it. The 5th circuit says that law is unconstitutional for the reasons I outline above. SCOTUS will almost certainly agree.
This is precisely what Hunter’s lawyers were threatening two months ago, that they’d challenge the constitutionality of the law. Someone got to it first with a key appellate court victory.
