Chicago judge rules ban on guns for convicted felon unconstitutional

[Bigfoot]

"In a ruling that seems fated to find its way before the U.S. Supreme Court, a judge in Illinois has recently found that the gun rights of a felon convicted of multiple armed robberies are protected by the Second Amendment."

Inviting possible Supreme Court fight, judge rules ban on guns for felon unconstitutional

A Chicago judge tossed a felon's illegal gun possession charge finding it unconstitutional in a ruling that could possibly lead to a gun rights fight at SCOTUS.

lawandcrime.com

"Bruen, the judge reasoned, required courts to deem whether a statute dispossessing someone of their right to own a gun posed a “comparable burden” on the right to bear arms itself."

"By failing to provide felons with any means to repair their lost gun rights, there is a “far greater burden on the right to keep and bear arms,” Gettleman found, “than the historical categorical exclusions from the people’s Second Amendment rights.”

 

[Dr. Evil]

So I need to be convicted of multiple armed robberies in order to have my gun rights compared to being just a law abiding gun owner? I guess I need to get on that right away.

 

[Acer-m14]

if your out and running around free in public you should have all your RIGHTS ..

 

[spat]

if your out and running around free in public you should have all your RIGHTS ..

As a practical matter, you're absolutely correct.

From a legal standpoint, a conviction at trial is the only legitimate way to strip someone of a fundamental right.

If the sentence for the crime can include "we're taking away your right to leave this cell for 5-10 years", it *can* include stripping other rights as well.

But that should be part of the specific sentence, not automatic, and it should be punishment, not some bizzare attempt to protect someone.

 

[ManualF150]

This all goes back to another statement I've made a few times.

How can you turn into a felon into one state (Example: carrying a pistol in NYS without a permit), but not be a felon in another state (Example: carrying that same pistol in Texas)?

I would say giving the person a fine would be OK, but as long as the person isn't using it in a crime, they should be on their way and not be a felon.

Someone's constitutional rights should be extended all across the board. Really going back to the Bruen decision....

 

[dsdmmat]

Maybe now the judges will put a clearly deranged murderer and menace to society in for life without parole vs 3-5 years since they will have all their rights restored.

 

[Grimscale]

This all goes back to another statement I've made a few times.

How can you turn into a felon into one state (Example: carrying a pistol in NYS without a permit), but not be a felon in another state (Example: carrying that same pistol in Texas)?

I would say giving the person a fine would be OK, but as long as the person isn't using it in a crime, they should be on their way and not be a felon.

Someone's constitutional rights should be extended all across the board. Really going back to the Bruen decision....

Crap like this won't stop until we can get these oppressive tyrants locked up.

Since we, supposedly, can't sue them directly, and can't vote them out, how about some States, say PA or VT, enact laws stating "no politician may vote for a Constitution-infringing law" with a minimum 15 year penalty and considered a felony so they lose rights.
Then, when heil hochul dares to step foot outside Albany, she can be arrested and incarcerated in another State for something she seems to be a-ok doing in NY.

 

[Robin]

Well, in NYSSR everything is a felony, so in a sense, there would be deserving of having their rights restored.
Robin

 

[SomeSoldier]

I agree with the premise.

 

[FP1201]

Well, in NYSSR everything is a felony, so in a sense, there would be deserving of having their rights restored.
Robin

see that 'felony' is a ploy to make one a ward of the State, under its control and direction; pretty much if they can dictate your life by stripping your Rights, by keeping you in fear of incarceration (temporary as it will be) then they can make you behave and not be any sort of threat to their autonomy or maintenance of Power... "We're in control here, and of you don't do exactly as we say, we're going to put you in jail, destroy your life and livelihood."
IF you're a ward of the State via incarceration from a criminal conviction, you forfeit many, but not all of your Rights...selective isn't it?
Do your time and not pose any additional threats to society or others and your Rights have to be observed; when one is on Parol, then he's still subject to those restrictions, fail and due process should be applied to deny that offender of his Rights to LIFE, Liberty, and pursuit of Happiness.
Face it, we have a lot of shitty people that should be removed, the State doesn't want to deal with them, the Legislature has made sure they don't do anything more than extort money out of them, while essentially ignoring their crimes...Maybe they know the Pendulum is going to swing hard the other direction and they're trying to distance themselves from the repercussions of their actions and inactions.

 

[Zerex]

Rights should be restored automatically.

 

[Acer-m14]

i want a law to remove your 1A ..

so you have to wear a ball gag 24 x 7 x 365 .. for life ..


LMAO ..

 

[Acer-m14]

see that 'felony' is a ploy to make one a ward of the State, under its control and direction; pretty much if they can dictate your life by stripping your Rights, by keeping you in fear of incarceration (temporary as it will be) then they can make you behave and not be any sort of threat to their autonomy or maintenance of Power... "We're in control here, and of you don't do exactly as we say, we're going to put you in jail, destroy your life and livelihood."
IF you're a ward of the State via incarceration from a criminal conviction, you forfeit many, but not all of your Rights...selective isn't it?
Do your time and not pose any additional threats to society or others and your Rights have to be observed; when one is on Parol, then he's still subject to those restrictions, fail and due process should be applied to deny that offender of his Rights to LIFE, Liberty, and pursuit of Happiness.
Face it, we have a lot of shitty people that should be removed, the State doesn't want to deal with them, the Legislature has made sure they don't do anything more than extort money out of them, while essentially ignoring their crimes...Maybe they know the Pendulum is going to swing hard the other direction and they're trying to distance themselves from the repercussions of their actions and inactions.

remove Parole and Probation ..

fuck up .. your locked up till the time is up ..

 

[GOPerfect]

I agree with this ruling, 100%.

If an American is deemed to be too violent to own a firearm, protected by the 2A, that person should not be free to be on the streets of America.

 

[REF]

I concur. If you’re a felon with your 2A rights taken away because of what you MIGHT do, then you belong in a cage or exterminated

 

[Darth]

i want a law to remove your 1A ..

so you have to wear a ball gag 24 x 7 x 365 .. for life ..


LMAO ..

Sign me up.

And when you are out, you should have all of your rights.