A three-judge panels from the US Court of Appeals for the Ninth Circuit on Thursday determined that criminal Steven Duarte has the “right to possess a rifle for self-defense.”
Duarte, who was a part of a city gang in Los Angeles, was cited by Courthouse News Service as having five felonies.
The decision sustaining Duarte’s gun right was split, with George W. Bush appointment Carlos Bea and Donald Trump appointee , Lawrence VanDyke deciding in the majority.
Bea wrote the majority of the panel’s opinion, which examined Bruen ( 2022 ), which found the government lacked sufficient evidence to support its recommendation.
According to Bruen, gun control must be in line with American members ‘ intentions and historical precedent. The blanket ban on gun ownership was no supported, according to Bea and VanDyke.
Bea wrote:
We do n’t base our decision on the idea that gun owners should be able to keep their weapons at bay. As a matter of policy, ]the prohibition ] may make a great deal of sense. But” ]t ] he very enumeration of the]Second Amendment ] right” in our Constitution “takes out of]our ] hands… the power to decide” for which Americans” th]at ] right is really worth insisting upon”. ( Heller ).
He added:
Duarte is an American citizen, and thus one of” the people” whom the Second Amendment protects. Thus, the Second Amendment’s plain text and previously accepted meaning presumptively protect his or her individual right to possess a gun for self-defense. The government refuted that presumption by demonstrating that entirely denying Duarte this basic right is usually in line with the history of our nation.  , We consequently hold that]the ban ] violates Duarte’s Second Amendment right and is illegal as applied to him.
The situation is USA v. Duarte in the U. S. Court of Appeals for the Ninth Circuit.
AWR Hawkins is an honor- winning Second Amendment journalist for Breitbart News , and the writer/curator of , Down Range with AWR Hawkins,  , a regular publication focused on all points Second Amendment, even for Breitbart News. He is the social scientist for , Armed American Radio, and a pro- employee for Pulsar Night Vision. He holds a Ph.D. and spent 2010 as a Visiting Fellow at the Russell Kirk Center for Cultural Renewal. D. in Military History, with a focus on the Vietnam War ( brown water navy ), U. S. Navy since Inception, the Civil War, and Early Modern Europe. Beef is his favourite vegetables. Following him on Instagram:  , @awr_hawkins.  , You can sign up to find Down Range at , breitbart.com/downrange.  , Reach him instantly at , [email protected].
