Appeals Court OKs Disarming Defendants Before They’re Convicted

OPINION | This article contains the author's opinion.

The 9th Circuit Court of Appeals upheld prohibiting two criminal defendants from possessing firearms while awaiting trial in California.

One was arrested with drugs and the other had over 100 guns illegally.

They argued the bans lacked historical basis, but the court cited a long history of disarming dangerous or law-breaking defendants.

This invokes the Supreme Court’s emphasis on historical tradition in gun laws.

While public safety concerns disarming drug and gun offenders, others argue deprivation of rights should only follow conviction.

Some feel the dispute shows laws may be inadequate for such cases, and the true solution is cultural shift away from deviant behaviors rather than temporary legal deviations, as the system was designed for a moral culture upholding laws.

“Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other,” John Adams wrote in 1798.

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