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Bang / Guns
See other Bang / Guns Articles

Title: Trump Administration Seeks To Deny Gun Rights To Non-Violent “Criminals”
Source: The Daily Sheeple
URL Source: http://www.thedailysheeple.com/trum ... o-non-violent-criminals_052017
Published: May 28, 2017
Author: Dawn Luger
Post Date: 2017-05-29 06:15:06 by Deckard
Keywords: None
Views: 8557
Comments: 31

second-amendment-handgun (1)

Donald Trump was endorsed by the NRA (National Rifle Association) and he assured his voters he’d protect their second amendment right to keep and bear arms.  Considering his new desire to keep non-violent “criminals” from owning guns, this flip-flop on values needs to be known.

Scouring through conservative alternative media left much to be desired on this, while the left-leaning outlets are having a heyday.  The truth is more important than partisan politics, so it bears mentioning that this won’t sit nicely in the belly of those on the political right. But Sessions vs. Binderup is a big deal to anyone who seeks freedom from the continued oppression of the federal government.

Trump administration lawyers are urging the Supreme Court to reject a 2nd Amendment claim that would restore the right to own a gun for two Pennsylvania men who were convicted more than 20 years ago of nonviolent crimes. –LA Times

One of the two men, Julio Suarez, has had his case consolidated with that of David Binderup. Both were convicted of nonviolent crimes and seek to have their gun rights restored.  Their “crimes” are described as the following:

Daniel Binderup, for whom the case is now named, had a consensual sexual relationship with a 17-year-old in 1998. He was sentenced to probation for three years under a misdemeanor conviction in Pennsylvania for corruption of a minor.  Julio Suarez, the other person challenging the government in the cases now consolidated, was convicted of possessing a handgun in a car without a license to carry  [permission from the government] in Maryland in 1990. –Reason

The federal government believes these incidents bar both men from legal gun ownership forever because, in Binderup’s case, it was a misdemeanor for which he could have been (though was not) given over two years’ incarceration.  In a complicated September 2016 decision from an en banc panel of the 3rd Circuit Court of Appeals (in which different elements were signed on to by different batches of judges), the Court declared that the offenses of Binderup and Suarez were not serious enough to strip them of their Second Amendment rights.

How dare Suarez not beg permission from the government before exercising his rights. But the fact that he and Binderup are not violent, and did nothing more than violate feelings based laws, they have lost their right to bear arms. This simply proves that the “snowflakes” aren’t only on the left. So much for Trump and his administration “protecting the second amendment.”  They seek to permanently deny self-defense rights to these two men, simply because their “crimes” could have resulted (but did not) in jail time.  Attorney Alan Gura, a gun rights advocate who represents the two men, said he was disappointed but not surprised.

trumpgun

“I am not shocked by it. The government never likes to have its authority limited,” said Gura, a Virginia lawyer who brought the landmark 2008 case District of Columbia vs. Heller, which resulted in the Supreme Court’s first ruling upholding an individual’s constitutional right to have a gun for self-defense. “They could dismiss the appeal at any time. But I have no reason to expect they will.” This has “nothing to do with disarming dangerous felons,” he said.

Last month, acting Solicitor General Jeffrey B. Wall, representing the Trump administration, filed another brief urging the court to hear the appeal. He said the lower court’s ruling “if allowed to stand … will place an extraordinary administrative burden” on federal judges since people with a criminal record may go to court and seek an exception to the law. “The 3rd Circuit’s conclusion that the Constitution mandates that untenable result warrants further review,” he told the justices. He also urged the court to reject Gura’s separate claim that the law should not be stretched so far.

It’s becoming blatantly obvious that all politicians are liars.  Trump is not an exception, and those making excuses for his disgusting behavior regarding this case are wearing their statist partisan beer goggles. Politicians are the ones stripping the rights and freedom from the American people, not those Trump insists on bombing overseas.  Maybe this will open a few eyes to the lengths the federal government will go to oppress the public. (2 images)

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Begin Trace Mode for Comment # 1.

#1. To: Deckard (#0)

"Daniel Binderup, for whom the case is now named, had a consensual sexual relationship with a 17-year-old in 1998."

Yeah. He was 41 at the time. Pervert.

Anyways, here's the bottom line: 18 U.S.C. § 922(g)(1) "describes convictions that, though classified as misdemeanors in a state court, met the traditional definition of a felony. Both crimes fell within that traditional definition, even though their ultimate sentences did not." Therefore, as felons, they were barred from owning weapons.

That still stands. But the court made an exception for these two losers, saying that their convictions "were not serious enough to strip them of their Second Amendment rights."

Wall is correct. This ruling means that tens of thousands of people may go to court now to seek an exception to the law as written.

misterwhite  posted on  2017-05-29   11:34:38 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 1.

#7. To: misterwhite (#1) (Edited)

This ruling means that tens of thousands of people may go to court now to seek an exception to the law as written.

Good! You have a problem with that?

... the lower court’s ruling “if allowed to stand … will place an extraordinary administrative burden” on federal judges...

Tough shit! Do your fucking jobs and uphold the Constitution!

Deckard  posted on  2017-05-29 16:45:51 ET  Reply   Untrace   Trace   Private Reply  


#9. To: misterwhite (#1)

"Daniel Binderup, for whom the case is now named, had a consensual sexual relationship with a 17-year-old in 1998."

Yeah. He was 41 at the time. Pervert.

What part of the word "consensual" is it that is giving you problems?

If you don't think 17 year old girls are sexually aggressive,you must have REALLY hated high school.

I recently went to a friends house for dinner,and his 17 year old daughter was wearing a short dress,and purposely flashed me several times when no one was paying attention by lifting it up above her waist.

I have know this girl since she was about 6 years old,so the only effect it had on me was to seriously creep me out,but I suspect I would have had a different reaction if I hadn't known her and her family,and we had been alone.

AND......,she will be 18 next month,which means she will be "legal" in the alleged minds of the law. She won't be an iota more mature mentally or physically,but the legal system had to pick a number out of the air to establish a cut-off date,and they picked 18. Probably because that was the voting age.

sneakypete  posted on  2017-05-29 22:14:08 ET  Reply   Untrace   Trace   Private Reply  


#13. To: misterwhite, Deckard (#1)

"Daniel Binderup, for whom the case is now named, had a consensual sexual relationship with a 17-year-old in 1998."

Yeah. He was 41 at the time. Pervert.

The age of consent was 16. It was not statutory rape.

The 17 year old worked in Binderup's bakery. He was convicted for corrupting a minor. His crime carried a maximum term of five years. He was given a fine of $300 and three years probation. Pennsylvania law considered it a misdemeanor.

Federal law holds that any conviction in any court of a crime punishable by more than one (1) year imprisonment is disqualifying for gun possession.

Note: the 3rd Circuit decision was 8-7.

nolu chan  posted on  2017-05-31 19:51:21 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 1.

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