A
Axle
Guest
14th and 2nd Amendments revisited..Gun Control
I read Bravo8's thread but would like to put a different spin on it.
In the last several years the legislatures of many states have modified the Domestic and Repeat violence laws to make these orders permanent and easier to get. The feds have also modified their law to make possessing a firearm while under a 'protection order' illegal in any state.
Now a days, I think everybody knows that the 'civil' courts give these things out like candy. That's why they needed to dedicate a fulltime judge, courtroom and personel compared to the mid '90's. You don't need evidence of any physical injury. There is no need to prove anything, just go in crying that you're afraid. Bam, motion granted, no firearms forever, no hunting, no collections, no personal protection for you or anyone in your family.
How is this any different from a citizen that is convicted of a felony and loses their right to possess firearms? You may say it is preventive and not punitive. Well, forever seems and looks punitive to me. It's punitive to anyone else that lives in the same house,ie, the wife of the person who has the RO against them. Her husband can now be arrested because she possesses a firearm for personal protection. She may be alone at times too, but since he lives there she cannot possess a firearm. If a firearm was found in the house he would be guilty of possession no matter who owns it.
The felon was given a right to confront his accuser. Go ahead, ask or say something to your accuser in a DV hearing, it will be viewed as harrassment and you will lose. A felon was given a jury trial by his peers. A 'civil judge' is hardly the average Joe's peer. A felon was given, 'beyond a reasonable doubt'. The 'civil judge' only needs to hear two words, "I'm afraid".
How is this equal protection under the 14th amendment? Why is this not cruel and unusual punishment under the 6th amendment?
I hope the NRA or someone with the resources can move this forward because as it stands now 'Gun Control' is alive and kicking. And I really thought this was a free country and everybody got their day in court. I always pictured the statue with the blindfold holding the scales of fairness. Boy, was I nieve.
Peace,
Axle
I read Bravo8's thread but would like to put a different spin on it.
In the last several years the legislatures of many states have modified the Domestic and Repeat violence laws to make these orders permanent and easier to get. The feds have also modified their law to make possessing a firearm while under a 'protection order' illegal in any state.
Now a days, I think everybody knows that the 'civil' courts give these things out like candy. That's why they needed to dedicate a fulltime judge, courtroom and personel compared to the mid '90's. You don't need evidence of any physical injury. There is no need to prove anything, just go in crying that you're afraid. Bam, motion granted, no firearms forever, no hunting, no collections, no personal protection for you or anyone in your family.
How is this any different from a citizen that is convicted of a felony and loses their right to possess firearms? You may say it is preventive and not punitive. Well, forever seems and looks punitive to me. It's punitive to anyone else that lives in the same house,ie, the wife of the person who has the RO against them. Her husband can now be arrested because she possesses a firearm for personal protection. She may be alone at times too, but since he lives there she cannot possess a firearm. If a firearm was found in the house he would be guilty of possession no matter who owns it.
The felon was given a right to confront his accuser. Go ahead, ask or say something to your accuser in a DV hearing, it will be viewed as harrassment and you will lose. A felon was given a jury trial by his peers. A 'civil judge' is hardly the average Joe's peer. A felon was given, 'beyond a reasonable doubt'. The 'civil judge' only needs to hear two words, "I'm afraid".
How is this equal protection under the 14th amendment? Why is this not cruel and unusual punishment under the 6th amendment?
I hope the NRA or someone with the resources can move this forward because as it stands now 'Gun Control' is alive and kicking. And I really thought this was a free country and everybody got their day in court. I always pictured the statue with the blindfold holding the scales of fairness. Boy, was I nieve.
Peace,
Axle
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