SCOTUS to Hear 2nd Amendment "Restraining Order" Case

I'm a nonviolent diagnosed schizophrenic and cannot own a handgun in my state because of my diagnosis.

This idiot is an unhinged wildcard.

He should be revoked of the right as well.

a reply to: tanstaafl

yep lots of people lose their right to drive if convicted of vehicular homicide depending on the circumstances. that's a fact. some also lose their licenses for a very long time, some permanently. their also free to catch a ride with someone or use public transposition so their not prohibited from travel. just operarting an motor vehicle.

Restraining orders do not assume you are innocent until proven guilty
Your actions don't need to be illegal or intentional - it's based on the emotions of the person serving you.
You don't get a Court appointed attorney
You have very limited discovery ability
Temporary orders can take place without any written requests and without you even being notified

So, yeah, if this guy really did this stuff, he should lose his rights but a restraining order is really not enough evidence to pull someone's constitutional rights. Those accusations sound bad but restraining orders are given so easily it really doesn't prove anything.

People make horrible things up in restraining orders because they know they don't need to prove them.

What is more likely going to happen is an abused woman will file a restraining order - she will then be served one herself (very common in divorce) - the judge will just grant both because they pretty much assume any accusation is true. She is then left without a gun.

You might also see mass restraining orders against certain protesters. The order is rubber stamped and poof, they lose their rights.

And don't think they will stop at guns either - do you want your right to free speech, voting and association taken away so easily?

originally posted by: tanstaafl

originally posted by: Irishhaf
a reply to: Sookiechacha
Now if he pulled his firearm without good cause then he should be prosecuted, and if successfully convicted then he should face the fallout for being convicted if that is losing his 2nd then so be it.

Does someone convicted of vehicular homicide lose their Right to Travel after they've served their time?

you can petition the court to get your 2nd back after you have served your time and proven you are reformed.

quick google will show several cases of former cons that got their second and then used it in defense of others.

a reply to: Sookiechacha

Should Americans lose gun rights while authorities figure out if criminal activity actually took place

Guilty until proven innocent is never a good way to start off with things

I get it, that people can overreact, or manipulate the law to wrongly take an innocent individual's rights away, and that's a huge problem. But, should even the most extreme of mentally shady characters still be protected by the 2nd Amendment against restraining order Red Flag laws?

You had me and then you lost me.

Red flag laws set a dangerous precedent for, not only those that are not in the wrong at all, and those that are sent to enforce those red flag laws.

For those that are not in the wrong, as you correctly stated, can get screwed over by anyone that decides they ahve a problem with said person.

For those sent to enforce the red flag laws (usually on people who are in the wrong), usually as no knock warrants or something similar, are put into harms way because of the volatility of the situation. They are charging into a random house of someone who is, perceived, to be mentally unstable and anything could happen. How many times have they acted on calls for this, but on the wrong house, and some innocent people die for no reason. I mean look at those that are still "SWATing" people, very dangerous for all involved.


This situation is one where the guy should have been arrested and put in jail for the first offense listed, let alone the many others that are named off. I mean FFS, you pop off a couple rounds in the Texan holy lands of Whataburger, he was lucky he was not shot and killed for posing a threat to all there by a licensed CCW holder.

But, all in all, this guy committed felonious acts with a firearm, he forfeits his 2nd amendment rights.

originally posted by: BernnieJGato
a reply to: tanstaafl

yep lots of people lose their right to drive if convicted of vehicular homicide depending on the circumstances. that's a fact. some also lose their licenses for a very long time, some permanently. their also free to catch a ride with someone or use public transposition so their not prohibited from travel. just operarting an motor vehicle.

Fair enough, I honestly didn't know but hadn't ever heard of it...

That said, you are apparently unfamiliar with the laws regarding the Right to travel, and that the terms 'operate', 'motor vehicle', 'driver', 'passenger' and the like are all legal terms of art?

a reply to: tanstaafl

Fair enough, I honestly didn't know but hadn't ever heard of it... That said, you are apparently unfamiliar with the laws regarding the Right to travel, and that the terms 'operate', 'motor vehicle', 'driver', 'passenger' and the like are all legal terms of art?

in the U,S your right to travel does not mean you have the right to practice the art / skill of driving or travel by means of operation of a vehicle. that is regulated by each and every state and has certain endorsements for different vehicles, in which you can show the abilities and knowledge to do so safely. that can be taken away by penal law for many reasons, one of which is vehicular homicide. or it can be denied from the get go due to a disability that would prevent you from doing so.

you can freely come and go at will, so long as you are not violating any legal order or restriction. which each and every state has the right to regulate, issue, or pass a law prohibiting and fall with the confines of the Constitution

any other nonsense that says other wise is some of that sovereign citizen bullsh@@. which 99.5% of the time they wind up losing in a court and some end up with their asses in jail not able to travel until their time is served. and they may or may not have restrictions placed on them during parole or probation that prohibits them going near some places and have to register like not driving temperately or permanently, pedo's having to stay away from schools, sex offenders register where they live, having to re stay away a certain distance from certain people , places that sort of thing.

originally posted by: BernnieJGato
a reply to: tanstaafl

in the U,S your right to travel does not mean you have the right to practice the art / skill of driving or travel by means of operation of a vehicle.

Again, the legal definitions of 'driving', 'operating', and 'motor vehicle' are very specific and d not mean what most people think they mean.

Of course, I'm not naive enough to believe that 99% of cops out there will ignore you if you point this out, but it doesn't change the reality.

any other nonsense that says other wise is some of that sovereign citizen bullsh@@.

No, it actually isn't, but you are free to believe whatever you want.

I know, I researched this deep;y about 30 years ago, but never was brave enough to implement it.

Freedom ain't free, and in order to have Rights, you have to practice, declare and defend them, or you lose them... as we have lost 95+% of all of our Rights in the last 225 years...