Home Forums Hunting & Shooting Hunter's Campfire Ninth Circuit - Felon has a “right to possess a firearm for self-defense.”

On Thursday a three-judge panel from the United States Court of Appeals for the Ninth Circuit decided that Steven Duarte, a felon, has a “right to possess a firearm for self-defense.”

Courthouse News Service noted Duarte has five felony convictions and was a member of a street gang in Los Angeles.

The decision upholding Duarte’s gun rights was split, with George W. Bush appointee Carlos Bea and Donald Trump appointee Lawrence VanDyke deciding in the majority.

Bea wrote the majority opinion, noted the panel tested the prohibition against felons possessing guns in light of Bruen (2022) and found the government did not have a sufficient substantiation.

Bruen requires that gun control align with historical tradition and the intent of America’s founders. Bea and VanDyke did not believe the blanket prohibition against felons possessing firearms survived scrutiny.

Breitbart

Well, this is going to get interesting, huh.

Don't call it the Ninth Circus for nuttin'

There's a lot that article left out, such as the fact that none of his felonies were violent.

You guys be slippin…. This chit is like 30 hours old 🥴

Good

Well there goes the GCA. Poof!!

9th circuit will enbanc it next week guaranteed.

Yo Colorado! What part of Felony do you not comprehend?
Worried about your weed still?

You do the crime you do the time. Once freed they should have the same Constitutional rights as anyone else.

If they’re so dangerous that they can’t be trusted with a legal firearm (as though they can’t get an illegal one or gf/wife straw buyer) they shouldn’t be free. Being free implies the Constitutional rights of a free man.

agree, if you're too dangerous to possess a firearm you should be locked up and not on the street.

Yep

Well gents, if wishes were horses, beggars would ride. There is a process for change. Stop whining and get to work.

That's the truth.

You live in New Hampshire. The land where your state Constitution doesn't even provide for or protect the right to raise a militia. Your comments always crack me up.

Five-time convicted felons, should be first-time felons shot in the commission of their crime by armed citizens.

So the ruling is both Constitutional and correct.




GR

You fit in perfectly well on the East coast.

Just making it so they can get ready to vote.

Don't spew lies. You don't know what your lying about.

You know not of which you bloviate.

You ask the Government for permission to revolt? We just kill the muthaphukers.

PS, it's State Constitution, perhaps you could get someone to read it to you.