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Monday, September 30, 2024

A Little Victory

 U.S. v. Duarte (9th Cir. 2024):

Applying Bruen’s two-step, text-and-history framework, the panel concluded (1) Duarte’s weapon, a handgun, is an “arm” within the meaning of the Second Amendment’s text, that Duarte’s “proposed course of conduct—carrying [a] handgun[] publicly for self-defense”—falls within the Second Amendment’s plain language, and that Duarte is part of “the people” whom the Second Amendment protects because he is an American citizen; and (2) the Government failed to prove that § 922(g)(1)’s categorical prohibition, as applied to Duarte, “is part of the historic tradition that delimits the outer bounds of the” Second Amendment right.

Duarte's previous convictions for sentences exceeding one year were all for non-violent crimes (I had no idea vandalism in California was a felony).  I do not get the impression this guy Duarte is someone you want to invite over for dinner, but rights do not belong only to the bourgeois.

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