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Thread: Unconstitutional to Ban All Felons from Becoming Precious Metals Dealers. Guns too.

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    Unconstitutional to Ban All Felons from Becoming Precious Metals Dealers. Guns too.

    "So holds last week’s Barletta v. Rilling (D. Conn. Sept. 26, 2013), in a decision that — if upheld — may pave the way for similar decisions with regard to bans on gun ownership by (nearly) all felons. http://scholar.google.com/scholar_ca...13352198554418

    [ ... ]

    If it is upheld, though, I think similar reasoning might well apply to bans on gun possession by felons (especially in jurisdictions in which restoration of such rights is unavailable). There too the ban extends to many felons whose felonies are nonviolent, seem to be little related to any possible tendency to misuse guns, and are many years in the past. Even if felons lack a Second Amendment right, given D.C. v. Heller, they also lack a substantive constitutional right to be a precious metals dealer. But they still have Equal Protection Clause rights, and if the categorical felon/nonfelon distinction violates the Equal Protections Clause as to dealing in precious metals, no matter what offenses they committed and when they committed them, it seems to me that it would likewise violate that Clause as to owning guns."

    http://www.volokh.com/2013/10/04/unc...etals-dealers/
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    I don't think this case will help. The court ruled that there was no rational governmental purpose to denying felons licensure as precious metals dealers. While you or I may not agree, I can see a court saying that ensuring that guns do not fall into the hands of folks who have a known propensity to break felony laws is a rational governmental purpose.

    The key is that the rational governmental purpose test is based on that activity not being a fundamental right. As the RKBA is important enough to be enumerated, it can be argued that it is fundamental. Therefore, this ruling would not be precedential to overturn laws that prohibit felons from possessing guns. There is actually a completely different and stronger argument to be made. A rational governmental purpose, even if found to exist, would not justify the ban as it would have (had it existed) in this case.

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    Professor Volokh maintains a discussion forum and gently addresses controversion.
    http://www.volokh.com/2013/10/04/unc...etals-dealers/
    I am responsible for my writing, not your understanding of it.

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    Unconstitutional to Ban All Felons from Becoming Precious Metals Dealers. Gun...

    I don't post there. I post here. I am pointing out a flaw in the premise of the first post.

    Care to address it?

    If not, I have made the point and will simply move on.


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    Quote Originally Posted by eye95 View Post
    I don't post there. I post here. I am pointing out a flaw in the premise of the first post.

    Care to address it?

    If not, I have made the point and will simply move on.


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    Baby steps ... baby steps...is how I see it .... this whole notion of rights being subjected to different levels of scrutiny is a court-made monster. It must be slayed.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Baby steps ... baby steps...is how I see it .... this whole notion of rights being subjected to different levels of scrutiny is a court-made monster. It must be slayed.
    Agreed, but it is hard to do with apologists making lame excuses.
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    Unconstitutional to Ban All Felons from Becoming Precious Metals Dealers. Gun...

    Folks, read the ruling. The court is making a distinction between acts that are "fundamental rights" and acts that are not. For fundamental rights, it takes a significantly lower hurdle to prove that the government violated equal protection.

    The two posters above don't seem to get this. Because of this, the cited ruling says nothing about "equal protection" and the RKBA, regardless of how much they want it to do so.


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    Quote Originally Posted by eye95 View Post
    Folks, read the ruling. The court is making a distinction between acts that are "fundamental rights" and acts that are not. For fundamental rights, it takes a significantly lower hurdle to prove that the government violated equal protection.

    The two posters above don't seem to get this. Because of this, the cited ruling says nothing about "equal protection" and the RKBA, regardless of how much they want it to do so.


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    Someone should re-read the decision...as I said, its a baby step ... case is not concerning gun rights so I doubt it is binding on a lower court on that subject matter but a lower court may look at it.

    I should not have to re-write a post .... moving on...lol

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by eye95 View Post
    Folks, read the ruling. The court is making a distinction between acts that are "fundamental rights" and acts that are not. For fundamental rights, it takes a significantly lower hurdle to prove that the government violated equal protection.

    The two posters above don't seem to get this. Because of this, the cited ruling says nothing about "equal protection" and the RKBA, regardless of how much they want it to do so.


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    Because we are not statist sheeple like some...
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

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    Quote Originally Posted by WalkingWolf View Post
    Because we are not statist sheeple like some...
    Yeah, because no one who disagrees with you could possibly believe in Liberty.

    Again, read the ruling folks. I think you'd want a lower bar for proving unequal protection when it involves a right rather than a licensed privilege.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by eye95 View Post
    Yeah, because no one who disagrees with you could possibly believe in Liberty.

    Again, read the ruling folks. I think you'd want a lower bar for proving unequal protection when it involves a right rather than a licensed privilege.
    The courts have been known to make rulings that are not inline with the constitution. That does not change they are wrong. But sheeple tend to agree when it fits their foolish wishes for Camelot.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

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    Quote Originally Posted by WalkingWolf View Post
    The courts have been known to make rulings that are not inline with the constitution. That does not change they are wrong. But sheeple tend to agree when it fits their foolish wishes for Camelot.
    +1

    Our rights can not be voted on ... even by people in robes.

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