Just for fun, we can unpack one of the “anti-gun” cases Garland decided. On one such case, a violent criminal committed a series of crimes, including robbery, while brandishing an AK-47 that had the capability of functioning as fully automatic. Federal law mandates that if you commit a robbery with a fully automatic weapon, you get a harsher sentence. Among his other punishments, he got the mandatory 30 years for committing a robbery with an automatic weapon.
He challenged this part of the sentencing on a claim that the government never proved that he knew it was an automatic weapon (it had a selector switch). At issue was whether the statute requires whether the prosecution had to prove he knew it was automatic, or whether it commands strict liability, and knowledge is irrelevant, the mere act itself is punishable.
What followed in the opinion is a super wonky discussion of why mens rea should be applied or not, even though the statute doesn’t say to apply it. Garland said the prosecution didn’t need to prove knowledge or intent. The dissent argued they do, but at no point did “gun rights” come into the picture as a reason to decide one way or the other.
Of course they didn’t. At issue was an automatic weapon (generally illegal, and with the consensus agreeing this should be the case) being used in the commission of a crime. The defendant was not challenging his right to own the AK-47, the court wasn’t deciding that issue.
The decision in this case (and its dissent) was neither “pro-gun” nor “anti-gun” - it was about how to read a criminal statute in terms of mandatory sentencing. Anyone who tries to use this case to claim Garland is “anti-gun” is a lying propagandist.
The only way this is an “anti-gun” case is if you think a judge should have skipped past the technical stuff and imposed a “pro-gun” bias and helped the gun owner here out - in this case, a hardened criminal committing felonies with a machine gun. Idiots.
So, Zeb, stop believing every piece of right-wing trash from Judge Jeanine or whoever that hits your inbox, and certainly stop trying to parrot that nonsense here on PWI as if you know what you’re talking about.
As I said earlier, Garland might be soft on the Second Amendment, but conservatives need to end this practice of spreading misinformation to achieve political ends.