Supreme Court leans toward upholding law that bars those accused of domestic violence from having firearms - eviltoast

The case will test how far the court’s conservative majority is willing to go in interpreting the scope of its 2022 ruling that expanded gun rights outside the home.

The Supreme Court on Tuesday indicated it would uphold a federal law that prohibits people under domestic violence restraining orders from owning firearms, potentially limiting the scope of its own major gun rights ruling from last year.

The case gives the court’s 6-3 conservative majority a chance to consider the broad ramifications of the 2022 decision, which for the first time found that there is a right to bear arms outside the home under the Constitution’s Second Amendment.

  • bostonbananarama@lemmy.world
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    1 year ago

    What do you even mean? Preponderance of the evidence is the standard used in most jurisdictions. They must satisfy all elements required to that standard. The elements may vary from jurisdiction to jurisdiction though. In my jurisdiction it is caused or attempted to cause harm, or put someone in fear of imminent serious physical harm.

    • shalafi@lemmy.world
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      1 year ago

      Bullshit. All I gotta do I go to court tomorrow, stand in front of a judge and say, “bostonbananarama threatend to kill me”. And we’re done. Temporary order issued, every time.

      • ysjet@lemmy.world
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        1 year ago

        Given the number of women that die to gun violence from domestic abusers, we already know your whole narrative you’ve made up here is false.

      • bostonbananarama@lemmy.world
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        1 year ago

        It’s actually not that simple. You had better have a lot more details because you’re going to get grilled by the judge. If that’s all you say they’re going to deny your request. I’ve seen numerous initial requests denied.

        Even if you did get an order issued, it only lasts 10 days, and then you’re going to have to appear again at a two party hearing.

        • TunaCowboy@lemmy.world
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          1 year ago

          Thank you for summarizing how every court in every state in every county in the US works. It’s very helpful to know what all 400,000,000 citizens can expect to experience every single time.

          Also keep in mind that all judges are robots immune from bias and every day experiences, especially elected ones since they all require strict prerequisites and training before they can sit.

          • bostonbananarama@lemmy.world
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            1 year ago

            Thank you for summarizing how every court in every state in every county in the US works. It’s very helpful to know what all 400,000,000 citizens can expect to experience every single time.

            I guess you’d prefer the scenario that someone made up based on what is almost certainly biased information?

            Jurisdictions vary to be sure, but I’ve represented clients with respect to restraining orders, I know the law and I know the process. Judges hear liars every single day, they are not immune to bullshit, but they’re pretty good at figuring it out.

      • CADmonkey@lemmy.world
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        1 year ago

        All these downvotes from people who have never had it happen to them. Hope nobody has a divorce from an angry and vindictive woman! I was in the military, thousands of miles away, hadn’t seen her for months, when she got a temporary restraining order against me all those decades ago.