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But they didn't have gangs of potheads with their pot needles running amok. If it saves muh kids from tha pot needles it's ok to ban guns. View Quote |
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Mala prohibita should have never been allowed to grow to what it is. At least in this citizens opinion. View Quote View All Quotes View All Quotes Quoted:
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Before the blanket condemnation perhaps one should look into what some states like CA consider certain crimes like 2nd degree burglary a misdemeanor and non-violent these days. I'm more convinced everyday that there's no fixing the government, it has to be reformatted, fresh OS install. Murder is a crime not because it is wrong but because Government wants a monopoly on violence. We have two types of crime... Mala In Se and Mala Prohibita. Malum in se is a Latin phrase meaning wrong or evil in itself. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. Mala prohibita (the singluar is malum prohibitum) is a term applied to any action is criminalized strictly by statute and statutory law. The phrase is Latin, and translates as wrong because it is prohibited. Honestly good people don't need words on paper telling them that theft, murder, rape, etc... is bad. Those in power control us through Mala Prohibita. Regulation, Edicts, and Policy. There is nothing naturally wrong with not registering a vehicle or having a rifle barrel under 16 inches. Laws were never intended to be about protection but always about control. |
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Before the blanket condemnation perhaps one should look into what some states like CA consider certain crimes like 2nd degree burglary a misdemeanor and non-violent these days. View Quote You think that someone should lose their rights for the rest of their life for committing a burglary? Man, this place has really opened my eyes as to how ignorant the vast majority of the population is, no matter what political party they side with. In fact, many of you are share many of the same beliefs and views as the same radical leftists you claim to despise so much. |
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So did my Grand Uncle lose his rights for a reason in Cuba because he spoke out against the Government stripping him of his rights? View Quote View All Quotes View All Quotes |
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Laws have never been about protecting society and have always been about controlling society. Murder is a crime not because it is wrong but because Government wants a monopoly on violence. We have two types of crime... Mala In Se and Mala Prohibita. Malum in se is a Latin phrase meaning wrong or evil in itself. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. Mala prohibita (the singluar is malum prohibitum) is a term applied to any action is criminalized strictly by statute and statutory law. The phrase is Latin, and translates as wrong because it is prohibited. Honestly good people don't need words on paper telling them that theft, murder, rape, etc... is bad. Those in power control us through Mala Prohibita. Regulation, Edicts, and Policy. There is nothing naturally wrong with not registering a vehicle or having a rifle barrel under 16 inches. View Quote |
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Correct me if I'm wrong, but doesnt input from the solicitor general typically increase the chance of Scotus granting cert?
3D chess? |
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Laws have never been about protecting society and have always been about controlling society. Murder is a crime not because it is wrong but because Government wants a monopoly on violence. We have two types of crime... Mala In Se and Mala Prohibita. Malum in se is a Latin phrase meaning wrong or evil in itself. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. Mala prohibita (the singluar is malum prohibitum) is a term applied to any action is criminalized strictly by statute and statutory law. The phrase is Latin, and translates as wrong because it is prohibited. Honestly good people don't need words on paper telling them that theft, murder, rape, etc... is bad. Those in power control us through Mala Prohibita. Regulation, Edicts, and Policy. There is nothing naturally wrong with not registering a vehicle or having a rifle barrel under 16 inches. View Quote My measure of mala in se offenses is "do they affect another person's rights to life, liberty, or property?" I can accept a certain number of mala prohibita laws, but as few as possible, narrowly tailored, and only directed toward a compelling interest in public safety. Traffic lights, for example. |
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Laws have never been about protecting society and have always been about controlling society. Murder is a crime not because it is wrong but because Government wants a monopoly on violence. We have two types of crime... Mala In Se and Mala Prohibita. Malum in se is a Latin phrase meaning wrong or evil in itself. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. Mala prohibita (the singluar is malum prohibitum) is a term applied to any action is criminalized strictly by statute and statutory law. The phrase is Latin, and translates as wrong because it is prohibited. Honestly good people don't need words on paper telling them that theft, murder, rape, etc... is bad. Those in power control us through Mala Prohibita. Regulation, Edicts, and Policy. There is nothing naturally wrong with not registering a vehicle or having a rifle barrel under 16 inches. View Quote |
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I'd say the prohibition era was when the cancer really started taking hold. Prohibition led to intense gang violence, which led to NFA laws, and after prohibition was overturned the newly created enforcers needed something else to do and that's part of how drug laws came about. I often wonder about how our country might have evolved differently if not for that fateful decision to prohibit booze. View Quote View All Quotes View All Quotes Quoted:
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Mala prohibita should have never been allowed to grow to what it is. At least in this citizens opinion. |
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They lost their rights for a reason. View Quote Yup lifetime ban of guns is totally justified for those heinous and unforgivable sins. BTW in at least ID and CA just throwing something towards someone is domestic violence. For example, your wife is mad at you and she throws the remote in your direction, that's misd DV and if convicted a lifetime ban on firearm ownership. Yup totally deserving of a lifetime ban. |
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What's your point? It is a non-violent crime. These are called facts and are not really up for debate. You think that someone should lose their rights for the rest of their life for committing a burglary? Man, this place has really opened my eyes as to how ignorant the vast majority of the population is, no matter what political party they side with. In fact, many of you are share many of the same beliefs and views as the same radical leftists you claim to despise so much. View Quote |
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It sounded like you tried to argue that murder is mala prohibita. View Quote View All Quotes View All Quotes Quoted:
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Laws have never been about protecting society and have always been about controlling society. Murder is a crime not because it is wrong but because Government wants a monopoly on violence. We have two types of crime... Mala In Se and Mala Prohibita. Malum in se is a Latin phrase meaning wrong or evil in itself. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. Mala prohibita (the singluar is malum prohibitum) is a term applied to any action is criminalized strictly by statute and statutory law. The phrase is Latin, and translates as wrong because it is prohibited. Honestly good people don't need words on paper telling them that theft, murder, rape, etc... is bad. Those in power control us through Mala Prohibita. Regulation, Edicts, and Policy. There is nothing naturally wrong with not registering a vehicle or having a rifle barrel under 16 inches. Stand Your Ground, Castle Doctrine, Need to Retreat, etc.... all are ways that limit someone to defend themselves. Self Defense is called Justifiable Homicide. The act of wantingly killing an innocent party is pretty much viewed throughout ll of human history as a crime. But the restrictions placed upon the ability to kill period was done for the state to acquire a monopoly on the threat and use of violence. Killing someone in self defense is still murder. |
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They have to make an opinion before they find out what's in it? A fine example of everything that is wrong with government. View Quote View All Quotes View All Quotes Quoted:
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We see who didn't read the article. It's not uncommon for .gov lawyers to defend the .gov's laws. This appeal was started under the last administration, and the bureaucrats are doing what bureaucrats do. My guess is someone up the chain hasn't really looked into the matter. Anyone that thinks the .gov is correct in this case is dumbass. A fine example of everything that is wrong with government. The job of the Attorney General is to argue for the government and to uphold the law. Don't ask for the government to ignore laws you disagree with, unless you are prepared for and happy with it ignoring laws you agree with as well. Mike |
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They lost their rights for a reason. View Quote |
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Just to play devil's advocate, should we allow convicted pedophiles to freely interact with children upon their release? View Quote View All Quotes View All Quotes |
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Convicted pedos should never be released IMO. View Quote View All Quotes View All Quotes Quoted:
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Just to play devil's advocate, should we allow convicted pedophiles to freely interact with children upon their release? We need Harsher punishments, aka Punishment dictated by the victim or their guardians. I'd stop this shit in a day. Live TV of bugs eating a pedo alive. But keep your hands off of my guns, and the rest of the Bill Of Rights. |
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There is more to this than is really in the article.
The government lawyers are doing their job - defending federal laws. The fact that the law is fucked doesn't change their job. The 3rd court decided that, in the cases for these two people, they should have their rights restored. They didn't make a decision toward the law that took away their rights, but decided that on an individual basis, people should be able to get their rights back. That just means that everyone who has lost their rights should sue and see what happens. A more permanent decision clearly needs to be made here. Either the GCA needs to be ruled as invalid as written, the court must rule that a misdemeanor cannot be punished with more than 1 year in jail (the original intent), or decide that everything is okey-dokey and move on (which, obviously, it doesn't look so okey-dokey). The best place to fix this is in Congress. If they won't do it, all we can do is hope that the Supreme Court will. |
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Was this suppose to make me mad at Trump somehow? Fuck criminals.
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They lost their rights for a reason. View Quote Not a lawyer but I did stay at a Holiday Inn once. |
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I'm sure as soon as the gov wins this case they'll be be passing the HPA, so I'm not worried about it.
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They don't have to make an opinion at all. The Justice Department exists to represent the government and to enforce the law, not to decide not to enforce the law. We expect the government to enforce the laws. If you disagree with the law, then work to change it. If you allow the government to decide which laws to enforce (or defend), then you get a government which can logically decide not to enforce those laws which limit it. If you are fine with Sessions not arguing to enforce the law on guns, then you should have had no problem with Holder and Lynch not upholding the laws on immigration. Additionally, you should not be worried with the government ignoring the laws on domestic spying, fourth amendment protections, etc going forward, because someone somewhere has decided that those laws shouldn't be enforced. The job of the Attorney General is to argue for the government and to uphold the law. Don't ask for the government to ignore laws you disagree with, unless you are prepared for and happy with it ignoring laws you agree with as well. Mike View Quote But my response was replying to the person that said they were presenting an opinion without knowing the facts... or at least that's how I interpreted it. |
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GTFO
Julio Suarez was stopped by police in 1990 and had a gun in his car but no permit for the weapon. He pleaded guilty to a misdemeanor and served no time in jail. |
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and the slippery slope that later restores them for violent offenders under a liberal court's ruling upheld by a liberal court's review. Can't let the camel get a nose under the tent or it's guns for all felons. Not a lawyer but I did stay at a Holiday Inn once. View Quote View All Quotes View All Quotes Quoted:
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They lost their rights for a reason. Not a lawyer but I did stay at a Holiday Inn once. |
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Laws have never been about protecting society and have always been about controlling society. Murder is a crime not because it is wrong but because Government wants a monopoly on violence. We have two types of crime... Mala In Se and Mala Prohibita. Malum in se is a Latin phrase meaning wrong or evil in itself. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct. Mala prohibita (the singluar is malum prohibitum) is a term applied to any action is criminalized strictly by statute and statutory law. The phrase is Latin, and translates as wrong because it is prohibited. Honestly good people don't need words on paper telling them that theft, murder, rape, etc... is bad. Those in power control us through Mala Prohibita. Regulation, Edicts, and Policy. There is nothing naturally wrong with not registering a vehicle or having a rifle barrel under 16 inches. View Quote |
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How does a gun forum have so many antigunners? View Quote Come see the excuses. Lots of folks outright arguing that they don't want Trump to improve gun rights, just so they don't have to admit that he's breaking his promises. They'll bend in any direction necessary to keep from having to criticize him. |
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Because Trump. If it's Trump shitting on gun rights a lot of people will accept it, cheer it on, and ask for more. Come see the excuses. Lots of folks outright arguing that they don't want Trump to improve gun rights, just so they don't have to admit that he's breaking his promises. They'll bend in any direction necessary to keep from having to criticize him. View Quote Instant gratification isn't fast enough for some people. Trump's got a lot more problems than 2A issues to fight right now. He's fighting for his presidency. I'm unconcerned at this point. If he's done nothing in 4 years, then I'll be angry. Yes, you can add this to your list of excuses if you want. I don't care. |
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In this thread were learn half of GD does NOT actually believe in the 2nd amendment.
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They don't have to make an opinion at all. The Justice Department exists to represent the government and to enforce the law, not to decide not to enforce the law. We expect the government to enforce the laws. If you disagree with the law, then work to change it. If you allow the government to decide which laws to enforce (or defend), then you get a government which can logically decide not to enforce those laws which limit it. If you are fine with Sessions not arguing to enforce the law on guns, then you should have had no problem with Holder and Lynch not upholding the laws on immigration. Additionally, you should not be worried with the government ignoring the laws on domestic spying, fourth amendment protections, etc going forward, because someone somewhere has decided that those laws shouldn't be enforced. The job of the Attorney General is to argue for the government and to uphold the law. Don't ask for the government to ignore laws you disagree with, unless you are prepared for and happy with it ignoring laws you agree with as well. Mike View Quote View All Quotes View All Quotes Quoted:
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We see who didn't read the article. It's not uncommon for .gov lawyers to defend the .gov's laws. This appeal was started under the last administration, and the bureaucrats are doing what bureaucrats do. My guess is someone up the chain hasn't really looked into the matter. Anyone that thinks the .gov is correct in this case is dumbass. A fine example of everything that is wrong with government. The job of the Attorney General is to argue for the government and to uphold the law. Don't ask for the government to ignore laws you disagree with, unless you are prepared for and happy with it ignoring laws you agree with as well. Mike He'll, until last year it was illegal in FL for unmarried couples to live together. That law was on the books for 148 years in our state. Yet who the hell was actually arrested for it in our recent past? You want to know why no one was? Discretion is why. No cop wanted to make that arrest and no State Attorney's Office wanted to pursue charges in court. I know where you're coming from but there is a problem with your stance. Absolutely obeying the law and blindly enforcing it is also dangerous. Discretion was and is a crucial element to our legal system. Removing that from the system makes it worse. A 18 year having sex with a 17 year old in high school shouldn't brand the 18 year old as a sex offender when both were in consenting relationship. What about the 17 year old willfully sending the 18 year old nude texts? Should the 17 year old be branded as a producer of child pornography? I'm not even mentioning gender here. Just age and possible situation. The AG should uphold laws that are Constitutional. The restrictive nature of this law isn't. If someone has served their time and shown to be an honorable and reformed member of society. Why restrict their rights? |
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And interestingly enough look how the 10th Circuit Court just ruled.
10th Circuit Ruling Court: US gun ban doesn't apply to city domestic abuse laws A Kansas man convicted of misdemeanor domestic battery under a city ordinance can legally carry a gun, an appeals court found in a ruling that could have broader implications for firearm sales. The 10th U.S. Circuit Court of Appeals' ruling came in the case of Alexander Pauler, a Wichita man who was accused of violating a federal law that prohibits someone from owning a gun if they've been convicted of misdemeanor domestic violence "under federal, state or tribal law." Prosecutors said Pauler couldn't have a gun because he had been convicted of misdemeanor domestic violence under a Wichita ordinance. But a three-judge panel of the Denver-based appeals court on Tuesday unanimously found that the federal gun law doesn't apply when the underlying domestic abuse violation is under a municipal ordinance. Pauler's attorney, David Freund, said it's the first time that a federal appeals court has directly addressed that argument. "It will really open up a class of individuals who are now able to lawfully exercise their Second Amendment rights" to bear arms, Freund said. Prosecutors are evaluating the court's ruling and no decision has been made on whether they will appeal to the full 10th Circuit or the U.S. Supreme Court, said Jim Cross, spokesman for the U.S. attorney's office in Kansas. Not many cases in Kansas would be affected by the ruling, he added. However, at least one other case is already using the ruling in an effort to get a gun charge dismissed. Attorneys for Curtis Allen — one of three people facing federal charges in an alleged plot to bomb an apartment building full of Somali immigrants in western Kansas — filed a motion Wednesday seeking dismissal of a count related to possession of firearms after having previously been convicted of a misdemeanor domestic abuse conviction in a municipal court. Freund said the bigger impact will be on people who try to buy a gun from a seller licensed by the U.S. government and are denied because a background check turns up of a municipal misdemeanor domestic violence conviction. It was less clear, however, what the immediate impact of the ruling could be on the National Instant Background Check System, which is run by the FBI. Spokeswoman Bridget Patton declined to comment on the possible effect. The case stems from a March 2014 altercation at a party in Wichita in which Pauler brandished his Glock pistol, racked the slide as if he were getting ready to fire the gun, then said, "If anyone's tripping. I got the heater right here," according to the ruling. Police pulled Pauler over within a half mile of the party, and found the firearm. The government contended Pauler was prohibited from lawfully owning a gun because he had been convicted in 2009 of violating a Wichita domestic battery ordinance by punching his girlfriend in the face several times, according to court documents. Pauler pleaded guilty to the federal gun charge on the condition he could appeal over the issue of his prior domestic violence conviction. He was sentenced last year to five years of probation. Rob Valente, chief officer of government affairs at the National Domestic Violence Hotline, said the 10th Circuit's ruling "undermines the work that has been done to close loopholes in federal firearm laws and protect victims of domestic violence and dating abuse." "Without these protections, it can be easier for someone convicted of domestic violence to access firearms, which may be used to threaten their partner," Valente said. The National Rifle Association did not immediately return messages seeking comment on the ruling. View Quote |
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Just to play devil's advocate, should we allow convicted pedophiles to freely interact with children upon their release? View Quote View All Quotes View All Quotes |
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I haven't seen any reason why these people should be considered dangerous enough to warrant the loss of their Second Amendment rights following their convictions. Gura is definitely on our side and does not represent thugs. Ultimately, a better standard is needed to determine if a person should be prohibited from possessing firearms than what is provided by the GCA, whether that comes from the courts (preferable) or it comes from Congress amending the GCA (fat chance). View Quote |
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Personally, and as a former cop, I believe that unless you're a murderer, rapist or child predator, that you should have your rights fully restored upon completion of your sentence.
And to be honest, you can make arguments for murderers - e.g., you were young, it happened 20-30 years ago, 'crime of passion,' impairment was a contributing factor, you've made restitution/have been repentant, you've been straight for an extended period of time since the offense, etc. |
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Perhaps the Trump DoJ wants it to go to the Supremes so they can do a role over and lose at trial.
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