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Fisher v. Kealoha (CA9, Lautenberg Amendment strikes again)


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#1 skinnyb82

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Posted 08 June 2017 - 10:37 AM

CA9 affirmed a denial of restoration of firearm rights to a man, a resident of Honolulu, who was convicted of harassing his wife which, the Ninth Circuit panel concluded, is a "misdemeanor crime of domestic violence." Their reasoning....he hasn't petitioned for a gubernatorial pardon, the ONLY available mechanism for relief. Panel relies on Chovan. Going FAR beyond the four corners of the document (GCA section 922(g)(9)) and subjectively re-defining "misdemeanor crime of domestic violence to include a garden variety harassment conviction. Then they decided the only mechanism to restore Mr. Fisher's (extremely limited) rights is to receive a, gubernatorial pardon (not a chance). Judge Kozinski ruminating.... "In other contexts, we don’t let constitutional rights hinge on unbounded discretion; the Supreme Court has told us, for example, that '[t]he First Amendment prohibits the vesting of such unbridled discretion in a government official.' Forsyth County v. Nationalist Movement, 505 U.S. 123, 133 (1992). Despite what some may continue to hope, the Supreme Court seems unlikely to reconsider Heller. The time has come to treat the Second Amendment as a real constitutional right. It’s here to stay." Sent from my VS987 using Tapatalk
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#2 sfdoc5

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Posted 08 June 2017 - 12:17 PM

This could have some serious repercussions for past convictions.......



#3 MrTriple

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Posted 08 June 2017 - 12:30 PM

Despite what some may continue to hope, the Supreme Court seems unlikely to reconsider Heller. The time has come to treat the Second Amendment as a real constitutional right. It’s here to stay.


Let's be honest here: Heller did significantly more damage to the gun control movement than they're willing to admit (and most gun owners are aware of). Heller prevents them from making forward progress as a movement, while calling into question the constitutionality of every law they've ever proposed or supported. They're badly hindered by Heller, and Kozinski has acknowledged this. The gun control movement's only hope at this point are for liberal courts to continue ignoring Heller, a tactic that will eventually backfire on them (every bad ruling benefits them in the short term but will come back to haunt them in the long term).

How many states have eliminated all sorts of gun control laws? A majority. How many have passed new gun control laws? Very few.

Sorry for the rant, I felt compelled to make it.
"The point of [so-called "assault weapon" bans]...is not to ban firearms that are dangerous, it's to ban firearms that gun owners want to own because the people making the laws don't like gun owners. If we want to buy non-semiauto AR-style rifles, they'll ban those too, and for the same reason."

-Hapless

#4 skinnyb82

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Posted 11 June 2017 - 09:20 AM

The problem with classifying "harassment" as a "misdemeanor crime of domestic violence" is that now we have courts, panels of unelected judges who get to decide what is and what is not a crime of domestic violence. I do not understand how "harassment" is considered "violence." Battery is violence. We have several SCOTUS rulings where they have defined a "misdemeanor crime of domestic violence" to include "offensive touching" (again, "touching" is non-violent) and Voisinine (sp?) where he hadn't even said a word to his "baby mama" in over a decade, had no relationship with her, got into it and they labeled it "domestic violence." How can someone have a domestic relationship with another person when they're estranged? Sent from my VS987 using Tapatalk
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