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Tuesday, November 15, 2022

Ruling: Disarming Those Under Protective Orders Violates Second Amendment


Well, it looks like red flag laws around the country may not be around too much longer. 

As one who was subjected to a California red flag law in a restraining order by a vindictive ex, I am very much interested in this case. 

The Texas Tribune reported:

A Texas federal judge declared it was unconstitutional to disarm someone who is under a protective order, setting into motion a likely legal fight over who can possess firearms — a move that advocates say could have wide-ranging impacts on gun access across the county.

U.S. District Judge David Counts, who was appointed by former President Donald Trump, ruled last week that banning those under a protective order from possessing a gun infringes on their Second Amendment rights.

Judges who deem people a danger to family members or intimate partners can take the extra step to issue a protective order requiring people to relinquish the guns they already have. Federal law currently prohibits domestic abusers who are charged with a felony, misdemeanor or are under a protective order from possessing a gun.

The ruling comes months after a landmark U.S. Supreme Court case on the Second Amendment, the effects of which, legal experts say, are just beginning to be felt.

This is one case we'll have to keep an close watch on.

To read more, go here

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