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Cato Daily Podcast

Are Lifetime Bans on Firearm Ownership 'Cruel and Unusual' Punishment?

Sep 8, 2023
The podcast discusses the implications of a recent court decision deeming a lifetime ban on voting rights for felons as 'cruel and unusual punishment'. It explores the challenges surrounding lifetime bans on firearm ownership, the stance of gun rights groups on the issue, and the importance of advocating for the rights of all individuals. The podcast argues that lifetime bans on firearm ownership can be considered cruel and unusual punishment due to the broad range of people affected, including those convicted of non-violent offenses.
13:50

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Quick takeaways

  • A federal court ruled that permanently prohibiting certain felons from voting is considered cruel and unusual punishment, raising implications for the denial of Second Amendment rights to the same individuals.
  • The importance of historical context is emphasized when assessing Second Amendment challenges, as a return to a more restrained approach to regulating Second Amendment issues is occurring.

Deep dives

Denying voting rights to former felons

The podcast discusses the controversy surrounding the denial of voting rights to former felons. A federal court ruled that permanently prohibiting certain felons from voting is considered cruel and unusual punishment. This has significant implications for the denial of Second Amendment rights to the same individuals. The discussion highlights that voting is a positive right granted by the government, while the Second Amendment protects a preexisting natural right. The analysis suggests that the federal law, 922 G1, which prohibits certain felons from possessing firearms for life, should be considered an Eighth Amendment violation.

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