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View Full Version : Trump Administration Seeks To Deny Gun Rights To Non-Violent “Criminals”




Origanalist
05-29-2017, 08:58 AM
MAY 28, 2017

By Dawn Luger

Donald Trump was endorsed by the NRA (National Rifle Association) and he assured his voters he’d protect their Second Amendment right to keep and bear arms. Considering his new desire to keep non-violent “criminals” from owning guns, this flip-flop on values needs to be known.

Scouring through conservative alternative media left much to be desired on this, while the left-leaning outlets are having a heyday. The truth is more important than partisan politics, so it bears mentioning that this won’t sit nicely in the belly of those on the political right. But Sessions vs. Binderup is a big deal to anyone who seeks freedom from the continued oppression of the federal government.

Trump administration lawyers are urging the Supreme Court to reject a 2nd Amendment claim that would restore the right to own a gun for two Pennsylvania men who were convicted more than 20 years ago of nonviolent crimes. –LA Times

One of the two men, Julio Suarez, has had his case consolidated with that of Daniel Binderup. Both were convicted of nonviolent crimes and seek to have their gun rights restored. Their “crimes” are described as the following:

Daniel Binderup, for whom the case is now named, had a consensual sexual relationship with a 17-year-old in 1998. He was sentenced to probation for three years under a misdemeanor conviction in Pennsylvania for corruption of a minor. Julio Suarez, the other person challenging the government in the cases now consolidated, was convicted of possessing a handgun in a car without a license to carry [permission from the government] in Maryland in 1990. –Reason

The federal government believes these incidents bar both men from legal gun ownership forever because, in Binderup’s case, it was a misdemeanor for which he could have been (though was not) given over two years incarceration. In a complicated September 2016 decision from an en banc panel of the 3rd Circuit Court of Appeals (in which different elements were signed on to by different batches of judges), the Court declared that the offenses of Binderup and Suarez were not serious enough to strip them of their Second Amendment rights.

How dare Suarez not beg permission from the government before exercising his rights. But the fact that he and Binderup are not violent, and did nothing more than violate feelings-based laws, they have lost their right to bear arms. This simply proves that the “snowflakes” aren’t only on the left. So much for Trump and his administration “protecting the Second Amendment.” They seek to permanently deny self-defense rights to these two men, simply because their “crimes” could have resulted (but did not) in jail time. Attorney Alan Gura, a gun rights advocate who represents the two men, said he was disappointed but not surprised.
http://www.thedailysheeple.com/wp-content/uploads/2017/05/trumpgun-e1495972435320.jpg


continued...http://www.activistpost.com/2017/05/trump-administration-seeks-deny-gun-rights-non-violent-criminals.html

tod evans
05-29-2017, 09:05 AM
It really doesn't matter how the court rules.... The 'right' to own firearms has not been recognized for ANY felon since the advent of the war on drugs.

Sure you could, by law, petition to have your 'right' restored but there was never a response to argue...

Unless this particular case would define "violent" crime and also retroactively restore an inalienable 'right' it's mere posturing for "Teh Newz"....

pcosmar
05-29-2017, 09:29 AM
Well this seems to answer my unasked question.

Not in favor of restoration. :(
(expected really)

spudea
05-29-2017, 03:10 PM
Isn't it standard practice to appeal all decisions vs US government?

Swordsmyth
05-29-2017, 03:34 PM
It really doesn't matter how the court rules.... The 'right' to own firearms has not been recognized for ANY felon since the advent of the war on drugs.

Sure you could, by law, petition to have your 'right' restored but there was never a response to argue...

Unless this particular case would define "violent" crime and also retroactively restore an inalienable 'right' it's mere posturing for "Teh Newz"....


This deals with some misdemeanors as well.

Superfluous Man
05-30-2017, 06:28 AM
Trump administration lawyers are urging the Supreme Court to reject a 2nd Amendment claim that would restore the right to own a gun for two Pennsylvania men who were convicted more than 20 years ago of nonviolent crimes.

The case of Sessions vs. Binderup puts the new administration in a potentially awkward spot, considering President Trump’s repeated assurances during the campaign that he would protect gun-ownership rights under the 2nd Amendment.

But the Justice Department under Trump has embraced the same position in this case that was adopted under President Obama: to defend strict enforcement of a long-standing federal law that bars convicted criminals from ever owning a gun, even when their crimes did not involve violence.

The decision is in keeping with Justice Department tradition to defend federal laws in court, even if the administration may not be enthused with the statute.

Attorney Alan Gura, a gun rights advocate who represents the two men, said he was disappointed but not surprised.

“I am not shocked by it. The government never likes to have its authority limited,” said Gura, a Virginia lawyer who brought the landmark 2008 case District of Columbia vs. Heller, which resulted in the Supreme Court’s first ruling upholding an individual’s constitutional right to have a gun for self-defense. “They could dismiss the appeal at any time. But I have no reason to expect they will.”

Gura said the federal law had been misapplied to individuals whose crimes didn’t merit a lifetime ban against exercising their 2nd Amendment rights to own a gun. This has “nothing to do with disarming dangerous felons,” he said.

A Justice Department spokesman declined to comment on the case.

Anticipating a shift to the right in the courts, the NRA begins its attack on gun controls in California
During last year’s campaign, Trump made gun rights a key issue, winning the early endorsement of the National Rifle Assn.

Last month, Trump told an NRA audience in Atlanta that the “eight-year assault” on the 2nd Amendment had come to “a crashing end…. I will never, ever infringe on the right of the people to keep and bear arms.”

The two Pennsylvania men won a federal court ruling last year, the first of its kind, that ordered the government to restore their rights to own a gun.

Daniel Binderup pleaded guilty in 1996 to a charge of corrupting a minor for having a sexual relationship with a 17-year-old female employee at a bakery where they worked. He was 41. He served no jail time and was put on probation for three years.

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.

However, both offenses triggered the federal ban. Since 1968, federal law has prohibited people from owning a gun if they have been convicted of a “crime punishable by imprisonment for a term exceeding one year.” Although the two men pleaded guilty to misdemeanors, their crimes could have been punished by more than a year in jail.

Gura argued it was absurd to stretch the federal law to cover state misdemeanors that did not result in a jail sentence. He also argued that because the 2nd Amendment protects a constitutional right, judges should waive the ban for people who were convicted of minor, nonviolent offenses in the past and have had a law-abiding record since then.


http://www.latimes.com/politics/la-na-pol-court-guns-trump-20170525-story.html

dean.engelhardt
05-30-2017, 07:26 AM
Elect a liberal New Yorker and what do you expect?

DamianTV
05-30-2017, 08:52 AM
Gun Control IS Gun Violence: It only disables the common man from the ability to defend themselves against those who will have their guns no matter what.