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
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
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).
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.
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