18 USC §922(g) is the prohibited person section of US federal law. It has 9 different sections, each one addressing one class of people to be denied their rights.
The Constitution says that “The People” is all of the people. The question being asked again and again is who belongs to the class “The People”.
It is clear that a US Citizen is part of “The People”. That implies to me that felons are also part of “The People”.
Do you lose your citizenship if you are wanted by the law? Nope.
Do you lose your citizenship if you partake in the “devil’s lettuce?” Nope.
Do you lose your citizenship if you have ever been in a mental institution? Nope.
Do you lose your citizenship if you have been dishonorably discharged from the military? Nope.
You lose your citizenship when you renounce it.
If you are imprisoned, you lose access to many things. They don’t allow drugs, weapons and many other things. Doesn’t mean those things aren’t getting into prisons, it just means it is against the rules and a prisoner can be punished if they are found breaking those rules.
In addition, we have the question of being an alien. Are the legal aliens living here part of “The People”? How about illegal aliens? Are they?
Originally, §922(g) was about transferring firearms. Now it is about both transferring and possessing.
The government has defined classes of people that they feel should be excluded from “The People”. The short is that they have said that these classes of people are not “virtuous”.
In Soviet Russia they had mental asylums. People were committed if they were mentally unstable. Unfortunately this turned into a catch all for “enemy of the state.” Since the state was wonderful, anybody that spoke out against the state must be crazy. If they were crazy the were committed. This made society “safer”.
If the government can define what is and is not a virtuous person and also define “The People” as only those that are law abiding and virtuous, they can remove any right at will. They just exclude you from “The People” and your rights evaporate.
We now have multiple cases challenging parts of §922(g). In OK, tenth circuit, a district court has ruled §922(g)(3), drug user, as unconstitutional. The fifth circuit court has ruled that §922(g)(8) is unconstitutional. A district judge in the western district of KY, sixth circuit, has found §922(g)(8) unconstitutional.
We need to wait to see if the state appeals these cases. It would not surprise me if Texas does appeal. If they appeal and it gets to the Supreme Court it could be a quick case where TX puts in a lackluster performance and parts of §922(g) go away across the entire country.
Other states which are anti-gun might very well not appeal losses at the district or circuit levels in order to keep the case from getting to the Supreme Court.
Over in California, Judge Benitez just dropped the hammer on the state in a number of cases, 3 IIRC.
The State Defendants are directed to file a brief which identifies the best historical regulation that is a proper analogue and relevantly similar to a (statewide prohibition on a firearm with listed features) (statewide prohibition of an ammunition feeding device or a limit on the amount of ammunition) (statewide background check for buying ammunition). The brief shall be limited to 5 pages and shall be filed with the brief currently due 30 days after the filing of the law list.
I tried to find what “filing of the law list”, regardless, the worse it could be is 30 days from now. The best it could be is just a few days because Benitez ordered all briefings be provided to him with in a short period of time once the ninth circuit court kicked these cases back to him.
At the same time we have a number of states attempting to ban assault weapons and magazines because the are exceptionally deadly/dangerous. We have a bunch of states that are attempting to make their entire state a sensitive place via a patchwork of explicit places that are listed as sensitive.
In all cases that are being tracked by me, we are winning. Not as fast as I would like, but we are winning.
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