In the substitute, the court speculates without evidence that the historical laws may have been enacted because these individuals were not part of the political community - not part of "the people" to whom the Second Amendment applies. #BruenAbsurdity #domesticviolence #gunviolence #lawfedi (3/X)

In it's prior opinion, the court argued that there were "material differences" between the way the federal prohibition and these historical laws disarmed individuals. It wrote that historical laws disarmed people by broad category rather than an individualized assessment of dangerousness and did so for the preservation of public order rather than for the safety of an identified individual. #BruenAbsurdity #domesticviolence #gunviolence #lawfedi (2/X)

The 5th Circuit has filed a substitute opinion and withdrawn the one it issued in United States v. Rahimi at the beginning of February. One material change in the opinion relates to the government's argument that historical laws disarming persons perceived at the time to be dangerous (enslaved persons, Native Americans and persons who refused to take oaths of loyalty). https://www.ca5.uscourts.gov/opinions/pub/21/21-11001-CR2.pdf
#BruenAbsurdity #domesticviolence #gunviolence #5thCircuit (1/X)

Lost in the alarm around the 5th Circuit's decision finding the federal law prohibiting persons subject to final domestic violence protective orders from having firearms violates the Second Amendment was a case from the Eastern District of Kentucky called United States v. Combs also finding the prohibition violates the Second Amendment. This is the murkiness of the Bruen test run amok. #domesticviolence #gunviolence #disarmdv #misogyny #BruenAbsurdity

BREAKING: the 5th Circuit finds that the federal prohibition on purchase and possession of firearms by persons subject to domestic violence protective orders violated the 2nd Amendment. (1/X) https://assets.nationbuilder.com/firearmspolicyfoundation/pages/3970/attachments/original/1675361904/United_States_v_Rahimi_Opinion.pdf
#gunviolence #domesticviolence #disarmdv #Bruenabsurdity