Second Circuit just Jumped the Shark (felon in possession case

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!

    • Register Log in
    W

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    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


    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).
    Click to expand...



    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


    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.
    Click to expand...
     
    Last edited:
    Inigoes

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,517
    SoMD / West PA
    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.
     
    W

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Inigoes said:
    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.
    Click to expand...

    tell that to the second circuit
     
    R

    RetiredArmyGuy

    Active Member
    Jan 16, 2018
    171
    Pasadena, MD
    krucam said:
    Oswald had an honorable discharge...
    https://en.m.wikipedia.org/wiki/Lee_Harvey_Oswald
    Click to expand...

    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/jfk/warren-commission-report/appendix-13.html

    There are some theories that suggest he was trying to kill the former Secretary of the Navy and not the President.
     
    D

    DP12

    Active Member
    Apr 24, 2018
    333
    SoMD
    Inigoes said:
    A person who receives a dishonorable discharge is basically a convicted felon from the military.
    Click to expand...
    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.
     
    You must log in or register to reply here.

    Users who are viewing this thread

    Total: 2 (members: 0, guests: 2)
    Ardent Firearms Training

    Latest posts

    Forum statistics

    Threads
    275,323
    Messages
    7,277,232
    Members
    33,436
    Latest member
    DominicM

    Latest threads

    Top Bottom