More DOJ doublespeak on gun rights

A limited hang-out for gun owners is all that's on the table at present. And absolutely nothing in respect of the Second Amendment itself.

Second Amendment of the Constitution of the United States of America

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Justice Department Publishes Proposed Rule to Grant Relief to Certain Individuals Precluded from Possessing Firearms

President Trump directed the Department of Justice to address the ongoing infringements of the Second Amendment rights of our citizens—all of them. Federal law disables the firearms rights of many citizens who have been convicted of crimes without regard to whether they actually pose a threat of violence. But federal law also empowers the Attorney General to

Department of Justice Logo Office Of Public Affairs

Ultimate discretion to grant relief will remain with the Attorney General, and she will exercise that discretion on a case-by-case basis in light of all available facts and evidence that bear on an individual’s application.

There is too much loaded language with no real effective legal meaning here.

grant

Wex - grant

LII / Legal Information InstituteLII

In law, a grant is a conveyance of real estate, a bill of sale, or a gift of money or goods. The term is illegal, inappropriate and out of order in this context unless DOJ is granting or transferring actual firearms to individuals, which it is not, as far as we know in any of these cases.

relief

Wex - relief

LII / Legal Information InstituteLII

Relief may "protect or enforce ... legal rights even in the absence of a direct injury. ... This type of relief helps clarify legal obligations and prevent future disputes."

Obviously the DOJ is not offering "relief" in any legal sense of the word under any circumstances to anyone whose rights to bear arms are being infringed, merely by following the letter of the law of unconstitutional statutes and codes to the last jot and tittle. The "discretion" of the Attorney General in offering such "relief" does not serve to clarify any legal obligations on the part of DOJ, nor does it serve to prevent future disputes or malicious prosecutions of law-abiding gun owners. It is merely the "discretion" or caprice of an attorney to refrain from prosecuting an applicant gun owner as a criminal or a felon for owning guns. Presumably such discretion may be revoked at any time with or without cause or notice, and then any individual supposedly "granted" such "relief" may suddenly be re-arrested and re-imprisoned for possessing guns again, in spite of the "discretion" of the Attorney General in offering a fake "relief" through courthouse formalities with so much lower lip shooting out and butt swaying with even more obnoxious Service Of Process to come.

disability

Wex - disability

LII / Legal Information InstituteLII

Disability is defined under federal law, particularly the Americans with Disabilities Act (ADA), as a recorded physical or mental impairment that substantially limits one or more major life activities. It also includes individuals who have a history of such an impairment or who are perceived as having one, even if they do not.

The mafia perception that a targeted individual is weird or crazy and shouldn't own a gun is certainly disabling, but here again, the DOJ is offering no relief at all for public perceptions of disability that can also prevent a person from working or going in business to make money.