Pennsylvania Firearm Owners Association
Page 1 of 2 12 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Jan 2018
    Location
    Port Carbon, Pennsylvania
    (Schuylkill County)
    Posts
    282
    Rep Power
    753426

    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
    Join Date
    Jan 2013
    Location
    Berks County, Pennsylvania
    (Berks County)
    Posts
    2,973
    Rep Power
    21474848

    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
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
    Posts
    12,378
    Rep Power
    21474864

    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
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    9,853
    Rep Power
    21474856

    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.
    2024 Trump or Bust!

  5. #5
    Join Date
    Jan 2018
    Location
    Port Carbon, Pennsylvania
    (Schuylkill County)
    Posts
    282
    Rep Power
    753426

    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
    Join Date
    Mar 2010
    Location
    Beaver Falls, Pennsylvania
    (Beaver County)
    Posts
    231
    Rep Power
    4630784

    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
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
    20,121
    Rep Power
    21474873

    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
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Posts
    9,484
    Rep Power
    21474858

    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
    Join Date
    Jan 2018
    Location
    Port Carbon, Pennsylvania
    (Schuylkill County)
    Posts
    282
    Rep Power
    753426

    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
    Join Date
    Jan 2018
    Location
    Port Carbon, Pennsylvania
    (Schuylkill County)
    Posts
    282
    Rep Power
    753426

    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.

Page 1 of 2 12 LastLast

Similar Threads

  1. Ca ban on gun advertising ruled unconstitutional
    By middlefinger in forum National
    Replies: 2
    Last Post: September 13th, 2018, 04:59 PM
  2. Replies: 28
    Last Post: November 30th, 2009, 07:23 PM
  3. Part of Patriot Act ruled unconstitutional
    By D-FENS in forum General
    Replies: 3
    Last Post: September 6th, 2007, 09:20 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •