Second Amendment Protects Gun Possession by the Housemates of Felons

This is a discussion on Second Amendment Protects Gun Possession by the Housemates of Felons within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Re: Monday’s decision in United States v. Huet , http://tinyurl.com/26z3o59 ** SNIP Having determined that the prosecution of Huet, a non-felon, for possession of a ...

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Thread: Second Amendment Protects Gun Possession by the Housemates of Felons

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    VIP Member
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    Exclamation Second Amendment Protects Gun Possession by the Housemates of Felons

    Re: Monday’s decision in United States v. Huet,

    http://tinyurl.com/26z3o59

    **
    SNIP
    Having determined that the prosecution of Huet, a non-felon, for possession of a firearm which she owns, in her own home, infringes on her “core” Second Amendment protections as set forth in Heller, the Court must next balance her rights against the government’s interest....


    Defendant Huet, is one such law abiding citizen, and she is entitled to at least keep arms (if not to bear arms) within the confines of her home....
    **



    See: http://ia331211.us.archive.org/0/ite...6847.144.0.pdf
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    VIP Member Array MitchellCT's Avatar
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    Uh...

    Yall better read this case carefully.

    I'm not going to comment on it just yet...but be careful you are not reading your own wishlist or hopes into the text of it.

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    Member Array tflhndn's Avatar
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    Having read this decision, I do think it is a good one. It does make it clear that not only can a legal owner of a firearm have that weapon in their home even when that home also contains a felon, but that the gun does not have to be locked away and inaccessible to the felon.

    Had this decision gone the other way, it would have been terribly prone to abuse. At least now that issue to determine charges against the legal owner is not whether the felon had access to it, but whether the legal owner took active steps to procure that gun for the felon's use.

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    Senior Member Array 2edgesword's Avatar
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    "Were this Court to permit this Indictment to go forward, the Court would be countenancing the total elimination of the right of a sane, non-felonious citizen to possess a firearm, in her home, simply because her paramour is a felon, and not because of some affirmative act taken by the citizen. Under any level of scrutiny, said Indictment as to Huet is a substantial, if not unfettered, infringement on her Second Amendment right to keep arms."

    I would think that this decision renders questions on pistol license application that about the medical and criminal history of household members unconstitutional.
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    Member Array merlin82plus's Avatar
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    Quote Originally Posted by 2edgesword View Post
    I would think that this decision renders questions on pistol license application that about the medical and criminal history of household members unconstitutional.

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    Senior Member Array press1280's Avatar
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    Quote Originally Posted by MitchellCT View Post
    Uh...

    Yall better read this case carefully.

    I'm not going to comment on it just yet...but be careful you are not reading your own wishlist or hopes into the text of it.
    There is some "assault weapons" references in there, even though the AWB has expired. Maybe you're referring to that?
    Otherwise, it reaffirms Heller and confirms your rights cannot be conditioned on the status of those who live in the same house.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

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    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by press1280 View Post
    There is some "assault weapons" references in there, even though the AWB has expired. Maybe you're referring to that?
    Otherwise, it reaffirms Heller and confirms your rights cannot be conditioned on the status of those who live in the same house.
    The decision addressed whether the version of SKS in question was a banned assault weapon. The court found that it was not an assault weapon (page 7).

    The decision supports the lawful purchase and possession of a firearm by a law abiding citizen even if someone else living in the home has a felony record. I don't think the decision renders the lawful owner harmless if as a result of their carelessness the felon living in the home gets a hold of the firearm and uses it in the commission of a crime.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

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