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.
There is no standard of proof for restraining orders.
On one hand, there’s the risk that someone might get murdered by their spouse. On the other, the risk that someone is wrongfully deprived of their guns for a period of time.
Which risk should we minimize? This doesn’t seem like a tough decision to me.
Say what you mean out loud for those in the back:
“It’s better to preemptively take judicial action against people accused of $whatever.”
Or, more to the point:
“I’ve never been falsely accused of anything, and that’ll probably never happen to me. So fuck anyone else that happens to.”
If that were the only way such a ruling would play out, even that part isn’t so easy. A SWAT team could roll on me this very second, raid my house and burn it down. Think they got all my guns? BRB.
Speaking of calling the cops in… I thought we liberals had mostly agreed that calling the cops on someone could well be a death sentence? So now we good on forcibly disarming folks on an accusation?
Y’all’s hate for guns and abusers is blinding you to the far-reaching precedent we might be setting here. This is truly a tough one with no easy answers.
I would fight so that one doesn’t arbitrarily lose access to housing, food, or a drivers license, because wrongfully taking those away are life ruining. But what difference would it make to be temporarily deprived of guns? What the hell are you using it for that you can’t be parted from your guns for even a short time as a life saving precaution?
Meanwhile, demanding a high standard of evidence for threat of spousal abuse means people die. That’s an insane trade off.
It’s not just about the guns. Once they can ignore your 14A-guaranteed rights for one thing (which is 2A-protected, so about as sacrosanct as possible), they can ignore it for everything. Do you really want to be put in prison without a trial as soon as some cop arrests you for something the cop made up?
Does any pro-gun argument not lean heavily on slippery slopes? Why is it only possible to oppose the law when it impacts guns but not if cops start “putting you in prison without a trial for something they just made up”
And of course, we do imprison people who are awaiting trial when it’s determined the risk to public safety is too high.
Like that doesn’t already happen?
Do you want to make it easier?
I don’t see how this makes it any easier. Furthermore, the previous person’s entire argument was that this would set the precedent that allows this to start happening. It already happens and is very typical for anyone charged with a crime.
Your second amendment right doesnt protect you from law enforcement.
But there is a judge, just like with warrants.
There is also a judge every time a judge takes a shit in the bathroom. That doesn’t mean the pooping satisfies due process.