Law banning felony indictments from buying guns is unconstitutional

[tl_3237]

Would this apply to PFAs too, until they're heard and either granted or denied?

Nope.

18 USC §922(g)

(8) who is subject to a court order that-

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;

[esh21167]

Would this apply to PFAs too, until they're heard and either granted or denied?

The judge decides one is guilty when he issues the PFA.

[Walleye Hunter]

The judge decides one is guilty when he issues the PFA.

Temporary PFAs are issued almost on request and a hearing is scheduled. At the hearing, the PFA is either approved or denied. I believe that the accused is considered guilty until proven otherwise.

[Emptymag]

I have a hard time focusing on all the words and legal mumbo jumbo.

I find it easier to concentrate this way...

[Miles42]

No need to worry , just keep your dumb ass out of jail.

[esh21167]

Temporary PFAs are issued almost on request and a hearing is scheduled. At the hearing, the PFA is either approved or denied. I believe that the accused is considered guilty until proven otherwise.

I knew they were initially 'automatic' but wasn't completely sure of the process. I'd be curious to know what percentage of PFA requests/initial issuances are rejected. I'd wager it's very low.

I ea guy that was dating a girl. He was in the process of moving from his house after a divorce and wanted to get rid of some lawn furniture. The girl said she really liked it. As what I thought was a nice gesture, he asks for my help with my truck and we load it up and take it to her place. She looks kind of odd. The next day he gets informed she requested a PFA against him. She said he was stalking her. WTF? It was denied (I guess at the hearing), but, WTF?

[Walleye Hunter]

I knew they were initially 'automatic' but wasn't completely sure of the process. I'd be curious to know what percentage of PFA requests/initial issuances are rejected. I'd wager it's very low.

I ea guy that was dating a girl. He was in the process of moving from his house after a divorce and wanted to get rid of some lawn furniture. The girl said she really liked it. As what I thought was a nice gesture, he asks for my help with my truck and we load it up and take it to her place. She looks kind of odd. The next day he gets informed she requested a PFA against him. She said he was stalking her. WTF? It was denied (I guess at the hearing), but, WTF?

Speculation and conjecture are...well...just speculation and conjecture. I'll bet that you haven't watched much Judge Judy.

[father-of-five]

I have a hard time focusing on all the words and legal mumbo jumbo.

I find it easier to concentrate this way...

That worked for me too! Thanks.

[WCMG]

https://storage.courtlistener.com/re...65328.82.0.pdf

It's a good read, incredibly educational on the history of gun laws in US, really recommend you take the time to read the ruling.

[Walleye Hunter]

Is this really that big of a win? How many people does it affect? Does it have other implications?