I've been thinking about the 5th Circuit's striking down prohibitions on firearm possession

[In It to Win It]

by a person under a restraining order.

I'm thinking that if or when SCOTUS hears the case and makes a decision, and if they uphold the 5th Circuit's opinion, that provides just the ammunition to strike down red flag laws. To me, that means the government can't pass laws to bar anyone from possessing a firearm, even the mentally ill and convicted felons. No law would pass constitutional muster.

Am I off on that? Does that sound wrong?

[MarineCombatEngineer]

1. That sounds about right,

but with this SC, who the hell knows?

[Joinfortmill]

2. If SCOTUS upholds, we're screwed...unless

we do something to fix it. Force KaveMan off by having him sued for attempted rape. Force Thomas off by having he and his wife investigated for insurrection activities, Force The Handmaid off by threatening her with a perjury charge. Enough is enough.

[DetroitLegalBeagle]

4. Impeachment is the only way to remove them

And there is zero chance we get the votes. The GOP led House is not going to start proceedings against them and there is no way we get 67 votes in the Senate to remove them if it even got that far. Trying to pressure them to resign may work, but the reality is they are on SCOTUS for life until they resign, die, or are impeached. Nothing else will get rid of them.

[Joinfortmill]

5. I mean force them to resign...

[In It to Win It]

7. Any idea on how they would be forced to resign?

[SoCalDavidS]

8. Of Course Not nt

[Joinfortmill]

9. The same way Kennedy was forced to resign.. Fear.

[In It to Win It]

10. Enlighten me, if you will

How and who scared Kennedy into resigning?

[Joinfortmill]

11. Google is your friend.

[In It to Win It]

12. An imperfect one

[former9thward]

14. A CT without a shred of evidence.

[mopinko]

13. and bribery, i'm guessin

always been the mango menace’s m.o.
how he got everything he ever had.

[DetroitLegalBeagle]

3. the Bruen ruling endangered red flag laws the minute it was handed down

The 5th Circuit's decision may hasten their demise, but it didn't cause it. We will likely see assault weapons bans, magazine capacity limits, red flag laws, and carry restrictions tossed out over the next 4-5 years. Ultimately, the gun lobby will likely make a run at the NFA, and Bruen gave them the best chance of getting it declared unconstitutional.

[In It to Win It]

6. I don't disagree

Bruen on its own can give a gut punch to red flags. As you said, this case in the 5th Circuit speeds that up, and that's my thinking. It's easy to swap domestic violence restraining order with red flag restraining orders.

Funny that you mention the gun lobby, because I looked to see if the "usual suspects" were involved in the litigation or maybe submitted an amicus brief. I didn't see any. It seems to be just the public defender's office making the arguments.

[DVRacer]

15. Another ruling Friday in Oklahoma

Weed and Guns are not mutually exclusive anymore.

Feb 4 (Reuters) - A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year's U.S. Supreme Court ruling that significantly expanded gun rights.

U.S. District Judge Patrick Wyrick, an appointee of former Republican President Donald Trump in Oklahoma City, on Friday dismissed an indictment against a man charged in August with violating that ban, saying it infringed his right to bear arms under the U.S. Constitution's Second Amendment

https://www.reuters.com/world/us/ban-marijuana-users-owning-guns-is-unconstitutional-us-judge-rules-2023-02-04/