Second Amendment as Second-Class Right? A Dismal Warning

Second Amendment as Second-Class Right? A Dismal Warning

Second Amendment as Second-Class Right? A Dismal Warning

Since the passing of Justice Scalia, the Supreme Court has moved one step closer toward undermining the Second Amendment. Justice Scalia left behind an admirable judicial record in defense of our Second Amendment rights, and his successor must be an individual to carry on his legacy.

In a recent article, the National Rifle Association’s Institute for Legislative Action provides additional insight on the implications of the Supreme Court balance and protections for Second Amendment rights:

The Voisine case arises out of the prohibition in the Gun Control Act, 18 U.S.C. §922(g)(9), which prohibits those convicted of a “misdemeanor crime of domestic violence,” as that offense is defined, from possession of firearms and ammunition.

The defendants in Voisine had been convicted of domestic violence under Maine’s simple assault statute, which defines “assault” as including “intentionally, knowingly, or recklessly caus[ing] bodily injury or offensive physical contact” to another person. Neither had used a firearm or weapon of any kind in committing the offense. The question before the Court is the scope of the federal definition and whether it extends to misdemeanors which include reckless conduct as well as more deliberate conduct where there is an intent to harm. (Under that formulation, for example, an individual who injures a family member while recklessly driving could commit a qualifying domestic violence offense, potentially resulting in a permanent ban on firearm possession.)

 

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