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Natural Law tells us we all have the right to defend ourselves from harmful aggression. As technology has developed, the firearm has become the tool of choice of both the criminal and citizen. Without the right to a gun, the citizen is at a great disadvantage in an encounter with the criminal. The Lautenberg Amendment has stripped many citizens of this basic human right.
Last week, the Seventh Circuit Court of Appeals issued a ruling on Lautenberg (PDF file HERE), which could have a far-reaching positive effect on gun rights. Ironically, this is the same court that earlier ruled against gun rights in McDonald v Chicago, which is now on the way to a Supreme Court decision next spring.
In this more recent case, Steven M. Skoien had been convicted of misdemeanor domestic violence. Some time later, he was found to be in possession of a Winchester 12 gauge shotgun. As a result he was prosecuted under Lautenberg.
There are two problems with the Lautenberg Amendment.
One, this law , passed during the presidency of William (what does the word is mean) Clinton, is another statist attempt to increase the classes of persons prohibited from possessing firearms.
Two, this law is an ex post facto law. From The Constitutional Dictionary:
Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed.
While I am strongly opposed to domestic violence, there are many cases of people who, long before passage of Lautenberg, plead guilty to a misdemeanor domestic violence charge, maybe paid a small fine, and have been exemplary citizens for decades. But, when Lautenberg was passed, these people suffered a greater punishment in that they were stripped of their gun rights. Further, if they were in a profession that required carrying of a firearm, their career took an abrupt turn since they could not possess a firearm.
We can all take a lesson from this. Be very cautious about pleading guilty to anything. Although the current punishment may be minor, if Congress, or your state legislature passes an ex post facto law such as Lautenberg, you could suffer future punishment you never imagined possible.
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Comments
Thanks, Liston, for the great analysis. Heck, thanks for asking the question.
Stated differently: Should someone convicted of possession of a small quantity of marijuana, be arrested for attempting to speak his opinions in public on any issue?
Should he lose his 1st amendment rights?
We would all react, and say, "This is absurd." Yet, many are complacent about the government's assumption of power to strip that same person of the right to keep and bear arms.
Many of these convictions are a result of women giving false charges against men trying to get the kids in a divorce. I was just lucky to win a full jury trial against such charges. I have personal experiences.
I think that such a law should be banned forever. It is not constitutional. Besides that I am against anything that a creepy crawly like clinton is for. What a sorry person this sex offender is.
Hey Mike! You got it right. I must point out here that government, according to The Constitution Of The United states, is in this country OF THE PEOPLE, FOR THE PEOPLE AND BY THE PEOPLE. Therefore, all elected officials are in reality merely EMPLOYEES OF THE PEOPLE. Sad to say, the people have allowed their employees to order them around. If we the people perpetrated the crimes, lied to our employers, stole from our employers and did things to the deteriment of our employers, how long would we keep our jobs and stay out of jail? Vote them out! For all intents and purposes at this point, we need to forget party. If it is someone running against anincumbant, vote for him or her. This is to be done in the next three elections at least. even isf the newby is as bad or even worse than the incumbant. If he wins we haven't lost anything. If he either wins or loses. we have gained something. by the second election they will be messing their pants and be more tractible. think!
Hi Mike! Google "On Sheep, Wolves and Sheepdogs by Dave Grossman" and have everything explained about what you have said which is true. You sound a bit like a Sheepdog to me. You just do not know why. All of you check it out. You might be very surprised at what this analagy says about you yourself. We need many more sheepdogs desperately to save our country and get us back to where we need to be. With much love and devotion from an old sheepdog from a family of sheepdogs both male and female. We got teeth! We bite Wolves but can never harm a sheep.
We no longer have a Congress that believes in the Constitution: we need to jail about half of those 535 miscreants and then we can elect some decent public servants
Even a felon has a right to defend him/her self. Before you label me some evil label, I would say that most of you reading this are guilty of multiple felonies and don't even know it. The only difference between you and thousands of "felons" is that you just haven't been caught. Research how easy it is to commit a felony these days, it will amaze and scare you.
Warning to all: the 7th Circuit Court has just applied the wrong level of scrutiny to the issue. Every case involving an individual fundamental Constitutional right requires strict scrutiny by the courts, and the government usually loses. The courts around the country are misapplying the law everyday.
I was a highway patrolman for 7 years until I came home one night in 1996 to find my wife bangin the neighbor. I was arrested for slamming the screendoor on my wifes foot as I stormed out (seriously). I was forced to plead guilty by a worthless public defender because I couldnt afford a real attorney. The result, now Im a trashman making $9 an hour. Thanks alot congress. Guess what...its easier to buy an illegal gun on the street than to buy liquor without an ID. The only thing youve accomplished here is keeping me from getting a good job and supporting my children. This law needs to be repealed!
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