this post was submitted on 07 Nov 2023
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The case will test how far the court's conservative majority is willing to go in interpreting the scope of its 2022 ruling that expanded gun rights outside the home.

The Supreme Court on Tuesday indicated it would uphold a federal law that prohibits people under domestic violence restraining orders from owning firearms, potentially limiting the scope of its own major gun rights ruling from last year.

The case gives the court's 6-3 conservative majority a chance to consider the broad ramifications of the 2022 decision, which for the first time found that there is a right to bear arms outside the home under the Constitution's Second Amendment.

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[–] [email protected] 134 points 10 months ago (3 children)

I fully support disarming cops.

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[–] [email protected] 42 points 10 months ago (2 children)

Sneaky way to disarm the cops

[–] [email protected] 10 points 10 months ago (1 children)

Just remember qualified immunity exists.

[–] [email protected] 17 points 10 months ago (2 children)

"Your honor I feared for my life, you should have seen the dinner she made, it was subpar at best."

[–] [email protected] 6 points 10 months ago* (last edited 10 months ago)

In the dim lighting, the potroast, burnt, appeared to be an "urban", African American Male, young twenties, medium build and height. The gravy boat, a Glock 19 held sideways in a "gangster" style. All on my kitchen table. In my own home. I acted decisively, as any trained officer of the law would. I attempted to eliminate the potroast. There were unfortunate civilian casualties; but, in my judgment, swift action was necessary to uphold the law.

[–] [email protected] 2 points 10 months ago (1 children)
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[–] [email protected] 2 points 10 months ago

who would have absolute latitude in choosing whether to enforce these laws?

[–] [email protected] 27 points 10 months ago (2 children)

Isn't this title inaccurate? It's about restraining orders, not accusations. Support though!

[–] [email protected] 44 points 10 months ago (1 children)

I believe judges can issue temporary restraining orders against people not yet convicted of domestic violence, and that's what they mean by "accused", just that it hasn't been proven in court and gotten a guilty verdict.

[–] [email protected] 10 points 10 months ago

Ah, makes sense, thanks.

[–] [email protected] 2 points 10 months ago

They are usually a package deal

[–] [email protected] 25 points 10 months ago

Hopefully such a decision will roll back some of the bullshit that’s been coming out of lower courts since Bruen. The nonsensical historical analog standard Thomas has unleashed just doesn’t work, and too many pro-gun judges are demanding EXACT historical precedent rather than an analog. Not that I agree with Bruen, but at the least, having historical precedent for restricting guns from people deemed dangerous should be enough, even if it isn’t specific to domestic violence (a concept that didn’t really exist in the 18th century).

[–] [email protected] 21 points 10 months ago* (last edited 10 months ago) (43 children)

Seems like restricting arms for someone who has a reasonable suspicion of domestic violence, enough to get a restraining order anyway, is consistent with a well regulated militia.

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[–] [email protected] 21 points 10 months ago

The statistics say this should have been done decades ago and permanently. The number of women who have been killed by their abusive domestic partner AFTER escalation is too damn high.

[–] [email protected] 11 points 10 months ago (1 children)

Here's the problem, there's simply no logical way to square this with Bruen. Restraining orders and domestic violence prevention weren't part of the gun regulation at the founding of this country. It's obvious to most people that the state should have that authority, but it doesn't seem possible in the light of Bruen. Incoming mental gymnastics from SCOTUS...

[–] [email protected] 10 points 10 months ago (2 children)

I don't see how you figure. Bruen only eliminated subjective "suitability" determinations in may-issue permitting. Objective criteria, like criminal history, are still allowed.

[–] [email protected] 4 points 10 months ago

That's not all Bruen did. Bruen also said a restriction on gun ownership had to be consistent with our history and values. Which we assume means you have to point to laws that did the same thing during the 1700s/1800s. Whether or not this is idiotic is rhetorical, but you can't point to a law that said you could take guns away because of domestic violence from that era, because domestic violence wasn't a crime then!

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[–] [email protected] 10 points 10 months ago

I disapprove of headlines that attempt to telegraph how justices will rule based on oral arguments alone. You're gonna have to wait 6-12 months for an actual ruling and it will likely be extremely narrowly tailored to a given situation.

[–] [email protected] 4 points 10 months ago (3 children)

Beat your wife-el lose your rifle.

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[–] [email protected] 3 points 10 months ago

Amazing. A very right leaning, American court - and they might show common sense on a gun-related issue? Really, truely amazing.

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