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56
Nick Rekieta & his wife have just been arrested on felony gun and drug charges (media.kotakuinaction2.win)
posted 2 years ago by Senketsu 2 years ago by Senketsu +56 / -0
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– BoberFett 3 points 2 years ago +3 / -0

Didn't the 9th Circuit just decide that felons can have guns?

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– TriangleGang 3 points 2 years ago +3 / -0

Yes, that case was decided earlier this month, but it was a panel decision, meaning the government will appeal to an en banc hearing and the 9th will likely reverse, as has been their pattern. Then it's on to a SCOTUS appeal.

There's some other cases to watch that I think are more applicable to the specific circumstance here though: US v. Daniels, where the 5th decided last August that the provision of the law that says if you're a user of unlawful drugs you cannot own a firearm is unconstitutional. Daniels who's facing the same exact gun charge as in this case.

This is consistent with US v. Harrison a February case where an Oklahoma district court came to the same conclusion. However in August of last year, a district court judge in Iowa did convict somebody for violating the same exact provision in US Code. We're likely headed for a circuit split that will put this issue in front of SCOTUS.

It won't help these fools with the drug charges, but it wouldn't be surprised if by the end of their trials and appeals the gun charge gets dropped as a result of one of these other cases.

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