Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

packman

(16,296 posts)
Sat Feb 4, 2023, 03:16 PM Feb 2023

Good news - Wife beaters can get guns - Supremes base it on 1791 law

Last edited Sat Feb 4, 2023, 05:40 PM - Edit history (1)



A man beating his wife was legal across the United States until 1871, when Alabama and Massachusetts banned it. That fact has new relevance in today’s gun laws thanks to the Supreme Court.


Following the logic of Justice Clarence Thomas’ 2022 opinion in New York State Rifle and Pistol Association v. Bruen, the Fifth Circuit Court of Appeals struck down a federal law banning the sale of guns to people subject to restraining orders in domestic violence cases. In striking down a New York law requiring proper cause for concealed handgun permits, Thomas explained that the law was illegitimate because it was not “consistent with the Nation’s historical tradition of firearm regulation.” In other words, if there was no such law in 1791, it’s unconstitutional now.

https://crooksandliars.com/2023/02/5th-circuit-wife-beaters-can-own-guns-wife

Wonder why they stopped at 1791 ??

Shit - I'd laff if it wasn't so damn dumb
14 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Good news - Wife beaters can get guns - Supremes base it on 1791 law (Original Post) packman Feb 2023 OP
Well hell, why stop at 1791? The Unmitigated Gall Feb 2023 #1
Because that's when the Constitution was approved. Igel Feb 2023 #13
Now it's time for the fifth circuit to enforce it. ck4829 Feb 2023 #2
Rights? NowISeetheLight Feb 2023 #3
For reference, the 19th Amendment was enacted in 1920. (nt) old as dirt Feb 2023 #4
Well, abortion was legal too... but you know settled law only applies to the rights of men (n/t) MissMillie Feb 2023 #5
Then they can stop being wife beaters Turbineguy Feb 2023 #6
By logical extension, the 2nd Amendment only applies to firearms available in 1791. Hermit-The-Prog Feb 2023 #7
THEY HATE WOMEN. milestogo Feb 2023 #8
I believe ForgedCrank Feb 2023 #9
On the form that has to be filled out for a firearm purchase from an FFL Chainfire Feb 2023 #10
In that case edhopper Feb 2023 #11
The right's War on Women must continue on. Sky Jewels Feb 2023 #12
Blame Bruen and the state of New York. If they had just backed down instead of going to the HeartachesNhangovers Feb 2023 #14

The Unmitigated Gall

(4,710 posts)
1. Well hell, why stop at 1791?
Sat Feb 4, 2023, 03:31 PM
Feb 2023

There's some REAL good shit to cite in the Maleus Maleficarum.

Revanchist motherfuckers are getting lazy.

Igel

(37,541 posts)
13. Because that's when the Constitution was approved.
Sat Feb 4, 2023, 08:42 PM
Feb 2023

It's like basing a free-speech case on the 1A. You're using a law from 1791.

Due process? 1791.

Don't want the military billeted in your living room? 1791.

In other words, the title is trolling.

NowISeetheLight

(4,002 posts)
3. Rights?
Sat Feb 4, 2023, 03:34 PM
Feb 2023

Did women have any rights at all back then? I seem to believe that they were subservient handmaids to their husbands will, and nothing more. If I’m wrong please correct me.

MissMillie

(39,656 posts)
5. Well, abortion was legal too... but you know settled law only applies to the rights of men (n/t)
Sat Feb 4, 2023, 04:14 PM
Feb 2023

.

Turbineguy

(40,084 posts)
6. Then they can stop being wife beaters
Sat Feb 4, 2023, 04:24 PM
Feb 2023

and become wife killers. That's a promotion.

Don't let your daughters grow up to marry republicans.

ForgedCrank

(3,096 posts)
9. I believe
Sat Feb 4, 2023, 04:52 PM
Feb 2023

the issue is that one can get a protective order against someone even when they have not been charged with or convicted of any crime.
That leaves open the possibility of denying someone a protected right without a solid foundation.
We also can't start requiring a conviction in order for women to get a protective order, that would be even worse.

 

Chainfire

(17,757 posts)
10. On the form that has to be filled out for a firearm purchase from an FFL
Sat Feb 4, 2023, 05:14 PM
Feb 2023

Question "E" on the form asks if you are a user of Marijuana and warns you that regardless of state laws, Marijuana use is illegal under Federal Law. Marijuana became illegal under Federal law in 1951!

So we will allow known domestic abusers to purchase firearms, but not a cancer sufferer who uses pot?

The logic of the court is just seriously flawed.


 

Sky Jewels

(9,148 posts)
12. The right's War on Women must continue on.
Sat Feb 4, 2023, 05:19 PM
Feb 2023

After all, some of us females are still breathing.

14. Blame Bruen and the state of New York. If they had just backed down instead of going to the
Sat Feb 4, 2023, 08:54 PM
Feb 2023

Supreme Court, this wouldn't be happening.

Latest Discussions»General Discussion»Good news - Wife beaters ...