If someone’s fundamental rights are violated in the process of enacting the law the trial conviction is considered invalid. So he’s kind of has been under shrodinger’s conviction for a federal crime, neither considered a vaild nor invalid convict until this box was opened.
But had he been charged with a felony for shooting at people before this incident even took place, he wouldn’t have had his rights anymore already.
Basically I mean if he shot at people and got charged with a felony and got his guns taken as a result,
and then beat his GF and got a DV charge banning him from possessing the guns he was already banned from owning,
and then he sues on the grounds of the DV conviction banning him from having guns,
even if he wins, he is still barred from having guns because of the previous felony banning him from having guns, which would be separate from the DV.
Also even if he’s awaiting trial on felony charges, he is still not legally allowed to possess a gun.
Unless you mean the police or prosecution violated his rights (like the right to counsel) during the original trial for shooting at people non-DV related, and so that case was dismissed, which is a possible explanation for why he got off without a felony for shooting at people. Could be, and that’s another reason to add to the list for “why they shouldn’t violate people’s rights during trial,” because if so that let this dickhead go free.
So… The law isn’t static. With the previous Supreme Court ruling lending more power to the constitutional right to own and carry guns all those laws that you mentioned that originally banned him no longer have rock solid ground for existing at all.
Basically a state can pass any law it likes, it’s only once it gets used against someone that it can go through the process of being tested as a valid law by punch testing it’s capacity as constitutional violation. If there is a change to the precedent of the Constitution then then anything still in the appeals process can invoke the law as long as they can bring up reasonable proof that a current trial can support questions of constitutional violations.
His defense was basically capitalizing on a change in the law to bring into question every gun law on the books that was, prior to the new Supreme Court ruling was considered fairly standard… If the Supreme Court judged the state law in conflict with the new established constitutional interpretation basically the arrest isn’t valid and the persecution would have to reconstruct the case from scratch and re-trial… And creating a domino effect potentially destroying all state gun restrictions. It’s not surprising that they ruled how they did. They’d get so much kickback…
