On Thursday, a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled that felon Stephen Duarte has “the right to possess a firearm for self-defense.”
court news service I got it. Duarte has been convicted of five felonies and was a member of a Los Angeles street gang.
Mr. Duarte’s decision to uphold gun rights was a divided vote, with the majority voting between Carlos Bee, a George W. Bush appointee, and Lawrence VanDyke, a Donald Trump appointee.
Mr. Bee wrote the majority opinion, noting that the committee examined the prohibition on felon possession of firearms in terms of: blue en (2022) and it turned out that the government did not have enough support.
blue en Gun control must be consistent with historical tradition and America’s founding intent. Bee and VanDyke do not believe that a blanket ban on felons from owning firearms has survived rigorous scrutiny.
Bee I have written:
We do not base our decisions on the idea that felons should not be prohibited from possessing firearms. As a policy, [the prohibition] It might make a lot of sense. but “[t]He’s just that enumeration. [Second Amendment] What is “right” in our constitution is [our] hand. . .The power that determines why Americans “choose who they are.”[at] What is right is really worth claiming. ” (Heller).
he added:
Mr. Duarte is an American citizen and therefore one of the “citizens” protected by the Second Amendment. Therefore, the plain text and historically understood meaning of the Second Amendment presumptively guarantees an individual’s right to own a firearm for self-defense. The government was unable to rebut that presumption by proving that permanently depriving Duarte of this fundamental right would otherwise be consistent with our nation’s history. Therefore, we think as follows. [the prohibition] This violates Mr. Duarte’s Second Amendment rights and is a constitutional violation that applies to him.
The case is America vs. Duarte In the United States Court of Appeals for the Ninth Circuit.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and also writes Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment for Breitbart News. He is also a writer and curator. He is a political analyst for Armed American Radio and a professional staff member for Pulsar Night Vision. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and completed his Ph.D. Military history focusing on the Vietnam War (Brown Navy), the U.S. Navy since its inception, the Civil War, and early modern Europe. Beef is his favorite vegetable. Follow him on Instagram: @awr_hawkins. To get Down Range, you can sign up at breitbart.com/downrange. Please contact us directly at awrhawkins@breitbart.com.
