Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

In It to Win It

(8,254 posts)
Thu Feb 2, 2023, 07:19 PM Feb 2023

It's now legal for domestic abusers to own a gun in Texas, Louisiana, and Mississippi

Vox


A panel of judges on an exceedingly reactionary federal appeals court ruled on Thursday that the federal law prohibiting individuals from “possessing a firearm while under a domestic violence restraining order” is unconstitutional.

Under Judge Cory Wilson’s opinion in United States v. Rahimi, people with a history of violent abuse of their romantic partners or the partners’ children now have a Second Amendment right to own a gun, even if a court has determined that they are “a credible threat to the physical safety of such intimate partner or child.”

The immediate impact of this decision is that Zackey Rahimi, who “was subject to an agreed civil protective order entered February 5, 2020, by a Texas state court after Rahimi’s alleged assault of his ex-girlfriend,” may not be convicted of violating the federal ban on gun possession by domestic abusers.

More broadly, because the decision was handed down by the US Court of Appeals for the Fifth Circuit, which presides over federal lawsuits in Louisiana, Mississippi, and Texas, this federal law can no longer be enforced in those three states.

One of the most alarming things about Rahimi, moreover, is that it is far from clear that this decision is wrong — at least under a new precedent the Supreme Court handed down last year drastically expanding the Second Amendment.



8 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
It's now legal for domestic abusers to own a gun in Texas, Louisiana, and Mississippi (Original Post) In It to Win It Feb 2023 OP
This message was self-deleted by its author MarineCombatEngineer Feb 2023 #1
The article is about the court striking down this very law that you linked In It to Win It Feb 2023 #4
Ok, my bad, MarineCombatEngineer Feb 2023 #7
They're killing alot of women and children so who care. onecaliberal Feb 2023 #2
What could possible go wrong? Wounded Bear Feb 2023 #3
It isn't just men any longer. Archae Feb 2023 #5
... markie Feb 2023 #6
As I understand the ruling the 5th Circuit looked at Bruen AndyS Feb 2023 #8

Response to In It to Win It (Original post)

MarineCombatEngineer

(12,393 posts)
7. Ok, my bad,
Thu Feb 2, 2023, 07:56 PM
Feb 2023

I guess I should have read it further.
Thanks for the info.
This will not turn out very badly when abusers kill their abusees.

Archae

(46,335 posts)
5. It isn't just men any longer.
Thu Feb 2, 2023, 07:48 PM
Feb 2023

The numbers of women using guns on their husbands and boyfriends just keeps increasing.

Doesn't excuse men in the least.

But it won't be until a woman does a mass shooting of her family or such, that lawmakers MIGHT do something.

AndyS

(14,559 posts)
8. As I understand the ruling the 5th Circuit looked at Bruen
Thu Feb 2, 2023, 08:05 PM
Feb 2023

and concluded that no law not in effect in 1789 when the 2nd amendment was ratified is constitutional. So, because there were no Domestic Abuse laws in 1789 the ones we have now are invalid.

Another court in Texas ruled that serial numbers on guns are also unconstitutional because there were no serial numbers in 1789.

How long before we apply that logic to other laws passed since 1789?

Latest Discussions»General Discussion»It's now legal for domest...