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Old July 13th, 2018, 06:12 PM #1
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Second Circuit just Jumped the Shark (felon in possession case

Bronx, N.Y. man dishonorably discharged from the military, and thus banned from possessing guns or ammunition, is found with one round; he’s sentenced to three years of supervised release. Does the ban violate the Second Amendment? The Second Circuit says no.

I am not concerned about this opinion's actual holding because the guy had a dishonorable discharge. That said there is some dicta here which bothers me.

http://ij.org/wp-content/uploads/2018/07/17-287_opn.pdf


Quote:
There are two other forms of “punitive separation”: a “dismissal,” which is reserved for commissioned officers, and a “bad‐conduct discharge,” which is generally for less serious offenses. Manual for Courts‐Martial United States (2016 ed.) Rule 1003(b)(8)(A), (C); see also 53A Am. Jur. 2d Military and Civil Defense 164. The legislative history of Section 922(g)(6) suggests that all of these discharges as well as any other discharge “on conditions less than honorable” were meant to be included. 114 Cong. Rec. 13,868 (1968) (statement of Sen. Long).


As a vet who thankfully has a honorable I know a lot of people that got other than honorable for pretty minor stuff. This Court could build on this and find a guy who got a other than honorable discharge for getting fat can't own guns.
Another part I don't like is


Quote:
Those who, while in the military, receive extensive training on how to use deadly weapons are likely to be more dangerous with firearms should they be thoughtless or heartless enough to turn them onto civilians. Section 922(g)(6) was added to the Gun Control Act at least in part 5 based on the example of Lee Harvey Oswald, who used his Marine 6 marksmanship training to assassinate President John F. Kennedy.
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Old July 13th, 2018, 07:08 PM #2
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Quote:
Originally Posted by wolfwood View Post
Another part I don't like is
Yeah, seems more and more like vets are going to see how it is that all Pit bulls and Rotts are lumped in the dangerous dog breeds group.
"Vets are trained killers walking amongst the masses". Gotta keep em in check.
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Old July 13th, 2018, 08:30 PM #3
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Oswald had an honorable discharge...
https://en.m.wikipedia.org/wiki/Lee_Harvey_Oswald
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Old July 14th, 2018, 12:37 AM #4
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A dishonorable discharge is not equal to other than honorable.

A person who receives a dishonorable discharge is basically a convicted felon from the military.

The other than honorable can be for a myriad of purposes, that benefits the military by cutting the person loose.
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Old July 14th, 2018, 05:07 AM #5
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Quote:
Originally Posted by Inigoes View Post
A dishonorable discharge is not equal to other than honorable.

A person who receives a dishonorable discharge is basically a convicted felon from the military.

The other than honorable can be for a myriad of purposes, that benefits the military by cutting the person loose.
tell that to the second circuit
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Old July 14th, 2018, 06:15 AM #6
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I guess they never learned the UCMJ
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Old July 14th, 2018, 06:55 AM #7
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Quote:
Originally Posted by krucam View Post
Oswald had an honorable discharge...
https://en.m.wikipedia.org/wiki/Lee_Harvey_Oswald
He initially received an honorable discharge and then the Marine Corps changed it almost a year later to Undesirable because he renounced his citizenship and wanted to be a Russian.

Scroll down to Page 689 for more using the following link.

https://www.archives.gov/research/jf...pendix-13.html

There are some theories that suggest he was trying to kill the former Secretary of the Navy and not the President.
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Old July 14th, 2018, 07:37 AM #8
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A person who receives a dishonorable discharge is basically a convicted felon from the military.
It seems to me that if a person is convicted of a felony in a state court, and as part of the sentencing he has his right to keep and bear arms taken away, then he got due process and it's legit. But for the state to arbitrarily take away that right without due process is a clear Constitutional violation.
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