Judge Uses 2022 SCOTUS Ruling To Say Domestic Abusers Can Keep Their Guns

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1441165
1 Like

He did this based on a 2022 U.S. Supreme Court ruling, NYSRPA v. Bruen, which held that, to be constitutional, a firearm restriction must be analogous to laws that were in existence when the country was founded.

By that logic, the 2nd amendment should only protect the type of guns that were in existence when the country was founded.

Sorry ‘modern sporting rifle’ or semi-auto gun owners, only muzzle-loaders get 2nd amendment protections. /s

33 Likes

Meanwhile, more than 2/3s of mass shooters have a record of domestic violence. But the pro-slaughter party marches on.

22 Likes

I’d love to see an FBI bulletin in the post office “Wanted for Domestic Terrorism” with pics of the fascist six on it.

7 Likes

It’s a world gone mad!

3 Likes

In other words, they can only have muskets.

8 Likes

backtracking on laws that prevent the perpetrators of domestic violence from getting their hands on guns will put lives at risk

In a manner of speaking, stochastic murder.

3 Likes

Judge Counts…Trump nominee.

But her emails…

Sigh…

4 Likes

a firearm restriction must be analogous to laws that were in existence when the country was founded. In other words, disarming domestic abusers violates the Second Amendment
Thanks to this progressive Texas judge who exposed the insanity of this ruling in such a sharp, satirical manner. /s

10 Likes

Pecos Division? There is a fucking Pecos Division for W.D. Tex.? How on Earth (population 8 billion people) is there a federal fucking courthouse in fucking Pecos County (population 15,000 people).

11 Likes

“On Nov. 10, 2022, a judge in the Western District of Texas struck down the federal law that prohibits access to guns for people subject to domestic violence protection orders. He did this based on a 2022 U.S. Supreme Court ruling, NYSRPA v. Bruen, which held that, to be constitutional, a firearm restriction must be analogous to laws that were in existence when the country was founded. In other words, disarming domestic abusers violates the Second Amendment because those types of laws didn’t exist at the founding of the country.”

It would seem only to be a short step to declaring a state law that decrees the death penalty for picking up sticks on the sabbath to be hunky dory because it goes all the way back to the Book of Ezekiel.

11 Likes

It was only in the past few decades that laws criminalizing domestic violence came to be widespread and enforced. But now, the U.S. is in danger of backtracking on that legal framework precisely because of the nation’s historical legacy of turning a blind eye to domestic violence.

MAGA

:face_vomiting:

7 Likes

Well, originally nominated by Obama. Nomination expired, and then renominated by Trump. Still trying to wrap my head around the original nomination.

5 Likes

It’s nothing less than declaring that some rights are “grandfathered”, and are thus immune from the law as it exists today.

3 Likes

The one thing we have to get out of our collective heads is that “Texas is about to go blue”, or that the people in Texas want anything different from rulings like this AT ALL. It isn’t and they don’t.

At some point I think it is perfectly fine to give the people precisely the government they show up at the ballot box to vote for over and over and over again. By consistently voting, or in the case of Texas, not voting, these are the dictates that the collective citizens of Texas desire. Fine.

1 Like

We’re the third bluest red state in the country, and you can piss right the fuck off.

5 Likes

Shouldn’t the ruling thus restrict the gun owner to only the types of firearms that were available at the time of Constitution writing? Muskets only and such? Otherwise, quite inconsistent, as the definition of “firearm” has changed significantly in the interim, so why would one part stay static while the other is allowed to drift?

ETA: I see I’m not the 1st to make this argument…sigh

6 Likes

Sitting magistrate judge with an apparently good reputation among his colleagues. It’s the sort of nomination that suggests he was put up by Cornyn and Cruz in exchange for Obama getting one of his own judges moved through.

10 Likes

Or a Kentucky Long Rifle.

Don’t ask us, you’re the Texas Lawyer

3 Likes