SCOTUS Reverses Rahimi (the thug convicted of protection order prohibited possession)!

[Tripp11]

Thank you for the update. Based on my reading of some articles this morning, this seems to be a step back when trying to help non-violent felons obtain their gun rights back as some are opining it's inevitable that the cases won't come back to the SCOTUS.

 

[KellyinAvon]

Thank you for the update. Based on my reading of some articles this morning, this seems to be a step back when trying to help non-violent felons obtain their gun rights back as some are opining it's inevitable that the cases won't come back to the SCOTUS.

SCOTUS does a lot of sending the case back and telling the Circuit to "read this and try again." In the Range case the 3rd Circuit went with Range, in Vincent 10th Circuit went against Vincent.

I think Rahimi clears the way for non-violent felons to have 2A rights, since the violent past was the focus of the opinion.

However, Rahimi was a 2A case, not a 5/6A case. Violent criminals losing 2A now has history and tradition per SCOTUS. A civil proceeding doesn't have 6/7A protection and a public defender won't be appointed.

 

[JAL]

It's not normally the upstanding pillars of community who end up being the test cases for affirming our rights. I'll remind that Pinner had much more in common with Rahimi than he does with most in this thread.

Ernesto Miranda was a bigger dirtbag than Rahimi and that is saying something.

I'm wondering how many here know who Pinner is, or connect the dots with the Ernesto Miranda name drop (more likely many will do the latter).

I was living in Phoenix (quite young at the time ) when the Miranda Decision was handed down in 1966. Giant hullabaloo over it locally given his extremely violent past. He was convicted of the same crime again in 1967, sentenced to two-three decades, but was paroled in 1972 after a mere five years. There were many who felt he should have been introduced to the Green Room at the Arizona State Prison instead of ever being released. Miranda continued living his Thug-like ways and was stabbed to death by another Thug in 1976.

I was party to some litigation in 2017 when the more obscure Pinner Decision was handed down by Indiana's Supreme Court. Numerous politicos and a few police chiefs/sheriffs in the Usual Suspect jurisdictions were apoplectic. They demanded that anyone suspected of carrying a firearm in public should be immediately challenged by a heavily armed "felony stop" force prepared to "shoot to kill" until they produced an LTCH (this was prior to Constitutional Carry) -- which could then be interpreted as reaching for a handgun. Yup, there are those that completely looney in a few of our cities (IMHO Gary and Lake County qualify; Indy Mayor Boss Hogg also qualifies). I read the Pinner Decision. In a nutshell, there was no cogent "reasonable suspicion" for the "Terry Stop" conducted on Pinner at the theater. Suspicion that someone has a firearm on them is not, on its own, "reasonable suspicion". State tried to argue it was simply a conversation, not a "Terry Stop", which the court rejected due to how he was hemmed in by multiple LEOs. Pinner could not leave without having to push one or more out of the way. Such a tactic creates a de facto "Terry Stop". It put an end to LEOs demanding to see an LTCH simply because someone may be carrying openly or concealed without any other "suspicious behavior" to justify a "Terry Stop". I did a quick "where is Pinner now?" search and didn't find anything on Thomas Pinner, including a search of Southern District, Indiana Fed Court trials. (A different, Bryant Pinner THUG met his untimely end last year.)