# Federal Court: The government cannot simply disarm anyone it wants



## RedLion (Sep 23, 2015)

A small victory.



> APPEALS COURT RULES THAT NON-SERIOUS CONVICTIONS DO NOT ERASE 2A RIGHTS
> 
> BELLEVUE, WA - The Third U.S. Circuit Court of Appeals has ruled that individuals convicted of certain non-serious misdemeanor crimes do not lose their fundamental rights under the Second Amendment in a decision involving two separate cases brought by the Second Amendment Foundation.The unanimous ruling came from an en banc panel in the combined cases of Binderup v. the U.S. Attorney General and Suarez v. the U.S. Attorney General.In 1990, Julio Suarez was stopped on suspicion of driving while intoxicated. At the time he was carrying a handgun and spare ammunition without a permit. He pleaded guilty in Maryland state court to the charge and received a 180-day suspended sentence and $500 fine. Daniel Binderup pleaded guilty in 1996 to a misdemeanor charge related to a consensual relationship he had with a 17-year-old female employee and received three years' probation and a $300 fine. Neither man was ever incarcerated.However, in both cases, the crimes could have resulted in jail time for which the federal gun law blocks firearms possession. Binderup and Suarez petitioned the Pennsylvania court in 2009 to remove the state prohibition against firearms possession, but federal law "continues to bar them from possessing firearms because their convictions have not been expunged or set aside, they have not been pardoned, and their civil rights have not been restored," the court noted.
> 
> ...


Federal Court: The government cannot simply disarm anyone it wants


----------



## sideKahr (Oct 15, 2014)

One for the good guys.


----------



## Slippy (Nov 14, 2013)

That may be the ruling but if I'm sitting around watching The Bachelor on TV and there's a bunch of lights outside and loud noises and commotion...the local sheriff has busted my gate down with a couple or MRAP's they got from the FEDS and a helicopter is buzzing around over head and 15 deputies armed to the teeth, and they have a couple of 50's pointing at my front door...and I open the door with my shoulder holster and .357 magnum...well I guess they win..because I'm not quite ready to die in a pile of warm brass because the warm brass will be their's not mine...


----------



## stowlin (Apr 25, 2016)

Should hold some weight against the anti gun congressional bandits that want to take gun rights away from those on the no fly list.


----------



## Targetshooter (Dec 4, 2015)

good post , nice info handed out .


----------



## Smitty901 (Nov 16, 2012)

Not to worry they will just change the meaning of the 2A and it won't madder.


----------



## Illini Warrior (Jan 24, 2015)

the open seat in the Supreme Court trumps anything done in the lower courts - Hellery gets in - kizz just about anything firearm related as gone ...


----------



## dsdmmat (Nov 9, 2012)

Slippy said:


> That may be the ruling but if I'm sitting around watching The Bachelor on TV and there's a bunch of lights outside and loud noises and commotion...the local sheriff has busted my gate down with a couple or MRAP's they got from the FEDS and a helicopter is buzzing around over head and 15 deputies armed to the teeth, and they have a couple of 50's pointing at my front door...and I open the door with my shoulder holster and .357 magnum...well I guess they win..because I'm not quite ready to die in a pile of warm brass because the warm brass will be their's not mine...


Don't open the door, silly. They will go away when their shift is over or lunch time, whichever comes first.


----------



## Steve40th (Aug 17, 2016)

Smitty901 said:


> Not to worry they will just change the meaning of the 2A and it won't madder.


They already kinda did. Go to whitehouse website and look at the bill of rights...


----------



## Smitty901 (Nov 16, 2012)

Sure they can. Court may rule against the later. But at the time they can disarm anyone they want anytime anywhere. And they can keep you weapon until all court cases are done. Just Ask the DA in Milwaukee . He is know for hold your weapon for years.


----------



## Steve40th (Aug 17, 2016)

US government can do whatever it wants to you. IRS, WACO, RUBY RIDGE..until someone is strong or rich enough to call them off and actually go to court etc.
Bundy ranch was called off due to high media attention throughout.


----------



## tango (Apr 12, 2013)

The Sherriff in Pinnelas Co., Fl. said-- if we see someone with a gun, we will take it away.
Let him try to get it back, we don't care about permits.


----------



## Camel923 (Aug 13, 2014)

That is the problem with high office: the ability to screw with people just because you can. Guess they get off on it.


----------



## Prepared One (Nov 5, 2014)

A small win among a landslide of small losses.


----------



## Smitty901 (Nov 16, 2012)

tango said:


> The Sherriff in Pinnelas Co., Fl. said-- if we see someone with a gun, we will take it away.
> Let him try to get it back, we don't care about permits.


 Milwaukee and Madison DA's, COP said about the same thing. And carried it out a few times.


----------



## Chipper (Dec 22, 2012)

A natural disaster or what ever attack and when martial law gets enacted and it's all over. Obummer has been preparing and passing EO's if no has noticed.


----------



## 6811 (Jan 2, 2013)

tango said:


> The Sherriff in Pinnelas Co., Fl. said-- if we see someone with a gun, we will take it away.
> Let him try to get it back, we don't care about permits.


The sheriff needs to be sued for doing this. What an asshat. I hope he gets voted out of office


----------



## bgreed (Feb 26, 2014)

I find it amazing that people do not realize that executive orders only apply to government agencies and employees. They are not law. It would be the same as if the president of GM gives an executive order it only applies to those who work for GM.



Sent from my SAMSUNG-SM-J320A using Tapatalk


----------



## Bigfoot63 (Aug 11, 2016)

It is called th "golden rule" ... He who has the gold makeS the rule. Until we see major reform in government, we should expect changes in the rules in the middle of the game without explanation!


----------

