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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Ilaine who wrote (22457)6/27/2006 6:17:39 PM
From: Jim S  Read Replies (1) | Respond to of 544040
 
Felons can't own guns nor vote. Some rights get stripped when someone is convicted of a felony. Like, the right to go out for a beer with the boys. <G>

I'm not aware of any other domestic violence gun cases in the works, either. The issue before the court wouldn't have been whether people could threaten their spouses, it was whether a right could be preemptively stripped from an individual. In this case, the right to keep and bear arms. The gov't argued that the 2nd didn't relate to an individual right, but rather it was a collective right, such as a militia would have.

That's how things got tangled up such that the case quit being a domestic violence case and became a constitutional issue. The issue the court would have decided wasn't whether Emerson could threaten his wife, it was whether he was improperly stripped of a Constitutional right.

But, I'm getting over my head in the legalese of it all. The point of bringing it up to begin with, was in support of something or another you said in an earlier post, which I have now totally forgotten. <G>



To: Ilaine who wrote (22457)6/28/2006 7:04:32 PM
From: TimF  Read Replies (1) | Respond to of 544040
 
Every Constitutional right is subject to limitations, including the right to bear arms. Otherwise, how could they ban gun possession by a convicted felon?

Its one thing to be denied the right to exercise one of your constitutional rights because of a felony conviction. Its quite another if you are denied based only on an accusation.