Cops enter home W/O Warrant; seize guns -- conviction REVERSED

[user]

I am going by the US constitution, 2nd amendment "shall not be infringed" no where does it mention except for felons.

Here's another thought with respect to that: bills of attainder have been abolished everywhere. At common law, a "bill of attainder", was a determination that one's "blood" had been "attainted" or made impure. It was originally used by the Crown to seize the lands and property of those convicted of felonies (such as treason against the Crown, for example by being a Calvinist, Puritan, or a Catholic). The theory being that the tainted evil blood of the felon flowed through the veins of his heirs, as well.

Point is, that once one has been punished for whatever crime he's committed, that's supposed to be the end of it. We are also classifying persons as "outlaws" ("outlawry" has also been abolished), such that their rights are curtailed subsequent to their release from prison or payment of the fine (n.b., the word, "fine", is from the Norman French as used in England from William to Richard III, to mean "end"). It doesn't matter that the words, "taint" or "outlaw" haven't been used, those are just labels. Point is that when a person's been punished, that's supposed to be an end to the matter.

 

[TFred]

Here's another thought with respect to that: bills of attainder have been abolished everywhere. At common law, a "bill of attainder", was a determination that one's "blood" had been "attainted" or made impure. It was originally used by the Crown to seize the lands and property of those convicted of felonies (such as treason against the Crown, for example by being a Calvinist, Puritan, or a Catholic). The theory being that the tainted evil blood of the felon flowed through the veins of his heirs, as well.

Point is, that once one has been punished for whatever crime he's committed, that's supposed to be the end of it. We are also classifying persons as "outlaws" ("outlawry" has also been abolished), such that their rights are curtailed subsequent to their release from prison or payment of the fine (n.b., the word, "fine", is from the Norman French as used in England from William to Richard III, to mean "end"). It doesn't matter that the words, "taint" or "outlaw" haven't been used, those are just labels. Point is that when a person's been punished, that's supposed to be an end to the matter.

And the hoplophobes will protest, "We can't have violent criminals carrying guns, even if they have finished their jail time!"

To which the only sensible reply is, "If a person is too dangerous to be on the street carrying a gun, then they are too dangerous to be on the street NOT carrying a gun too."

Back to the earlier point, I believe when our foundational laws were established, almost no violent criminals ever got out of jail. They were executed, or died in prison. "Restoration" of gun rights was never an issue to be dealt with.

TFred

 

[Repeater]

"So Where Should Released Convicts Live?"

Just saw this:

So Where Should Released Convicts Live? by Eugene Volokh • April 30, 2013

From Landlording: A Handymanual for Scrupulous Landlords and Landladies Who Do It Themselves (11th Cir. 2010), p. 337:

When you check out their applications, look for missteps in their past. If you find anything suspicious, reject them. Don’t take pity on people who have checkered pasts, thinking that you’re the one who ought to give them a second or a tenth chance. You’re not in the business of rehabilitating people who’ve gone wrong. You’re in the business of providing secure, safe housing to good people.

So ... better safe than sorry?

 

[TFred]

Just saw this:

So Where Should Released Convicts Live? by Eugene Volokh • April 30, 2013


So ... better safe than sorry?

Yes but...

Obama has decreed that background checks prior to employment are discriminatory. How long before this applies to private property landlords as well?

TFred

 

[F350]

Outstanding, another ruling that protects citizens from unreasonable searches even when the citizen is a felon.

Well... The law abiding rarely wind up in court; many many people here quote Terry (Ohio v Terry). Terry was not up for sainthood but it set president protecting the law abiding.