Pennsylvania Firearm Owners Association
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  1. #1
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    Default Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    I found a video that talks about how it has been ruled unconstitutional to have your gun rights revoked if you're subject to a restraining order. I do know PA is a state where your gun rights will be revoked if you're subject to a restraining order so it will be interesting to see how this affects the state of PA.
    https://www.youtube.com/watch?v=AD5_NwyA0VY

  2. #2
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    Default Re: Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    Quote Originally Posted by Photon Guy View Post
    I found a video that talks about how it has been ruled unconstitutional to have your gun rights revoked if you're subject to a restraining order. I do know PA is a state where your gun rights will be revoked if you're subject to a restraining order so it will be interesting to see how this affects the state of PA.
    https://www.youtube.com/watch?v=AD5_NwyA0VY
    Doesn't matter. Unless there is a like minded governor, state court, and AG that will enforce such a decision, they are pretty much ignored.

  3. #3
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    Default Re: Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    Quote Originally Posted by esh21167 View Post
    Doesn't matter. Unless there is a like minded governor, state court, and AG that will enforce such a decision, they are pretty much ignored.
    In other wods, these people that were put into power to follow the laws are doing exactly the opposite? Shocked.
    FJB

  4. #4
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    Default Re: Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    I'm not so sure that losing those rights under a restraining order is a bad thing. Now, if it's a bogus order, that would be another story and the claimant should suffer equal or greater to what the gun owner suffered.
    Gender confusion is a mental illness

  5. #5
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    Default Re: Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    Quote Originally Posted by Walleye Hunter View Post
    I'm not so sure that losing those rights under a restraining order is a bad thing. Now, if it's a bogus order, that would be another story and the claimant should suffer equal or greater to what the gun owner suffered.
    The thing is, restraining orders are really easy to file and have approved. Some people deserve to have them some people don't but regardless its not hard for somebody to have a restraining order against you. Also the BOR identifies the right to keep and bear arms as a natural right and not something for the government to interfere with so to have your gun rights revoked because somebody filed a restraining order against you is in direct violation of the BOR but the fact of the matter is anybody can file a restraining order against you and if a judge approves it there go your gun rights.

  6. #6
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    Default Re: Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    Quote Originally Posted by Photon Guy View Post
    The thing is, restraining orders are really easy to file and have approved. Some people deserve to have them some people don't but regardless its not hard for somebody to have a restraining order against you. Also the BOR identifies the right to keep and bear arms as a natural right and not something for the government to interfere with so to have your gun rights revoked because somebody filed a restraining order against you is in direct violation of the BOR but the fact of the matter is anybody can file a restraining order against you and if a judge approves it there go your gun rights.
    I think the right to due process of law is the only one mentioned twice in the Constitution (5th and 14th Amendments).
    Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will...

  7. #7
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    Default Re: Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    Quote Originally Posted by EZ3 View Post
    I think the right to due process of law is the only one mentioned twice in the Constitution (5th and 14th Amendments).
    The problem is, due process is to come before the loss of property or liberty. In the case of these RO's and the seizure of firearms, they're putting the seizure before the process, as you have no method of defending yourself against the RO before it's issued.

    Or as Trump put it, take the firearms first.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  8. #8
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    Default Re: Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    All that accomplishes is to make the offender find another way to harm the target.
    There are two kinds of guns. Those I have acquired, and those I hope to.

  9. #9
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    Default Re: Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    Quote Originally Posted by streaker69 View Post
    The problem is, due process is to come before the loss of property or liberty. In the case of these RO's and the seizure of firearms, they're putting the seizure before the process, as you have no method of defending yourself against the RO before it's issued.

    Or as Trump put it, take the firearms first.
    Exactly, just like with red flag laws you don't get due process until after your guns get seized and after your gun rights are revoked when somebody files a restraining order against you. And as I said before, filing a restraining order is very easy and all it takes is a judge to approve it without any court hearing or due process when the restraining order is approved.

  10. #10
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    Default Re: Federal 2A Ban While Under Restraining Order Ruled UNCONSTITUTIONAL!

    Quote Originally Posted by Walleye Hunter View Post
    I'm not so sure that losing those rights under a restraining order is a bad thing. Now, if it's a bogus order, that would be another story and the claimant should suffer equal or greater to what the gun owner suffered.
    Lets say you've got an ex wife or ex girlfriend and she tells a judge you hit her, even if you haven't, and so the judge approves a restraining order and there go your gun rights, its that easy.

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