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Zoie H. v. Nebraska


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#1 Silhouette

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Posted 26 July 2020 - 03:08 PM

This is a case that has arrived at SCOTUS (requesting cert) via the Nebraska Supreme Court asking whether it is legal to deprive someone of their second amendment rights without a jury trial.  The question in this case is about juvenile courts that forbid firearms until age 25.  It is possible that the case may have ramifications for red flag laws, other disqualifications, and perhaps even FOIDs.

 

 

https://www.supremec...ic/19-1418.html

 

 

Quoting from the petition:

 

 In 2018, Nebraska amended its criminal law to disenfranchise anyone adjudicated by a juvenile court to have committed certain acts from exercising their constitutional right to possess a firearm until age 25. See Neb. Rev. Stat. §28-1204.05(1). While the legislature accompanied that new criminal prohibition with a requirement that the juvenile court inform a juvenile of the Second Amendment consequences of an adverse adjudication, it did not amend its laws to require a right to trial by jury for offenses that can result in a loss of Second Amendment rights well past the age of majority. The net result is that Nebraska deprives individuals of their Second Amendment rights as a collateral consequence of an adjudication in which it deprives the accused of a right to a jury trial. In the decision below, the Supreme Court of Nebraska held that neither the Second nor Sixth Amendment precludes that result, reasoning that because the automatic loss of Second Amendment rights is imposed as a collateral consequence of the adjudication, and not as a direct criminal punishment, it does not implicate the Sixth Amendment at all. In so holding, the court undermined both constitutional rights and broke sharply with decisions from this Court and others.

 

The question presented is: Whether the Second and Sixth Amendments permit a state to deprive an individual of the Second Amendment right to keep and bear arms based on the commission of an offense while denying the accused a right to a jury trial for that offense.

 

 

 



#2 JTHunter

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Posted 27 July 2020 - 01:45 PM

Keep us posted.  With the SC "reluctance" to take on anything firearms related, they may not grant cert on this one either.  I hope I'm wrong on that.


“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.” - - Abraham Lincoln

“Small minds adhere to the letter of the law; great minds dispense Justice.” - - S. C. Justice Oliver Wendell Holmes

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#3 Silhouette

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Posted 27 July 2020 - 02:31 PM

Yes.  I was tempted to end the original post with "It is possible that cert will be denied just like every other 2A case." but that seemed pessimistic so I deleted it.

 

 

This case was higlighted as a "petition of the week" by ScotusBlog implying that some editor there thinks that it is one to watch, but that may simply be because Paul Clement filed it.  See: https://www.scotusbl...lause-and-more/



#4 Rangerdeepv

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Posted 27 July 2020 - 02:38 PM

With Roberts and his wacky voting record. It may well be until the old hag finally leaves the court or another of the ding-a-lings go by the wayside before a 'real' 2A issue is taken.



#5 Ranger

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Posted 04 August 2020 - 08:02 AM

Unfortunately, Roberts has proven to be a wild card.  I'm sure a couple of the elder SCOTUS justices are hoping to hang on until after the election in case a liberal is elected President / Dems take Senate and they can take over SCOTUS as soon as one of the "conservative" justices dies.  I'm hoping Trump is relected, Repubs keep the Senate and retake the house.  Looking like a tall order right now; but...  FWIW:  I know of a die hard Trump supporter who was called by a polling organization and told them she was solidly behind Biden.  I'm personally hoping to see gun haters shocked and crying after this next Presidential election also.






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