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Class ‘Victory’ Not the End of Gun Owner’s Case

Class ‘Victory’ Not the End of Gun Owner’s Case
Truth be known,every one of these people has a right to keep and bear arms and if the government was doing its job it would honor and protect that. (Supreme Court website photo)

News of a gun-related Supreme Court opinion from last month is making the rounds via emails and forums with gun owners making breathless assumptions about the scope and significance of the decision. The case is Class v. United States, in which “A federal grand jury indicted petitioner, Rodney Class, for possessing firearms in his locked jeep, which was parked on the grounds of the United States Capitol in Washington, D. C.”

The way the decision is being presented can lead to the assumption that the case is won, victory is complete and gun owners can now ignore such statutes.

“Rod Class Just WON His Supreme Court Case (Federal District Court Gun Case was Richard W. Roberts who decided to ‘retire’ after his frustrating time presiding over Rod’s Gun Case),” a typical summation declares. There are some significant concerns raised in that brief assertion.

First, Justice Roberts has been on “inactive senior status” on the DC District Court since Marc h, 2016, “citing unspecified health issues.” He has since been battling sexual assault allegations.

Second, let’s look at the legal question SCOTUS actually considered:

“Does a guilty plea bar a criminal defendant from later appealing his conviction on the ground that the statute of conviction violates the Constitution?”

It concluded 6 -3 “a guilty plea by itself does not bar that appeal,” with Thomas, Kennedy and Alito dissenting. The order specifically states:

“[W]e hold that Rodney Class may pursue his constitutional claims on direct appeal. The contrary judgment of the Court of Appeals for the District of Columbia Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.”

That’s it.

This is not an end. This is a continuation.

Admittedly, pulling threads on Mr. Class and his legal theories can lead down many divergent paths, some with unequivocal detractors and others with supporters passionately behind him. Going down them and taking “sides” is not the purpose of this piece, which is merely to emphasize what the Supreme Court actually said.

Me, I’m on the “shall not be infringed” side, and pretty much think anyone not threatening others with a gun should have never been arrested in the first place, let alone prosecuted.

We interested gun owners can be excused in many cases for making assumptions and coming to hopeful conclusions.   Most of us aren’t lawyers.  I’m not, and don’t claim any particular legal acumen or insight aside from being able to read. So we owe it to ourselves — and especially to those we hope to inform — to do some basic fact-checking before passing information on as Gospel.

You can find out more about the case on SCOTUSblog and via a Google “News” search.

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David Codrea’s opinions are his own. See “Who speaks for Oath Keepers?”

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DavidC

David Codrea blogs at The War on Guns: Notes from the Resistance (WarOnGuns.com), and is a field editor/columnist for GUNS Magazine. Named “Journalist of the Year” in 2011 by the Second Amendment Foundation for his groundbreaking work on the “Fast and Furious” ATF “gunwalking” scandal, he is a frequent event speaker and guest on national radio and television programs.

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6 comments

  1. Do some simple research on judges sexual misconduct, even Scalia is a known child molester. How to control justices, appoint justices you have dirt on. Example: Obama Care supreme court decision…tip of the iceberg. The things you don’t know will kill you. Good for Trump cleaning house on judges and pedophilia.

  2. “This is not an end. This is a continuation”

    Correct and now he is free to get told, on appeal of the original case, by more clowns in robes that “shall not be infringed” doesn’t apply to him, tax serf. Freedom denied! Next case! HA HA HA HA HA. They will all have good laugh about it with their armed security although Mr. Class will very likely not see the humor in it. But, he’s just a tax serf anyway, who cares.

  3. This is something that we should all keep an eye on. Mike made a comment in 2015 that I believe is appropriate for us to remember:
    “When the law does not apply to the lawmakers and law-enforcers, you are not being governed: You are being ruled. And we are ruled by criminals.” – Mike Vanderboegh – 2015
    I miss that guy.
    [W3]

  4. As to the issue of a guilty plea, it depends upon are you attacking the statue on its face or as applied to the facts in this particular case’ Most likely a waiver would apply if the statue is attacked as to the facts of this case. Michael C.

  5. Just what part of “The right of the people to keep and bear arms SHALL NOT BE INFRINGED is so hard to understand? I don’t give a hoot what traitorous government official says otherwise, the Second Amendment has spoken, in plain language, that We The People’s right to own guns cannot be interfered with in any way.

  6. I broke my balls typing a detailed comment. Then after filling the below boxes clicked on “Post a Comment.” That was the last I saw of it. Nice!! Let’s see what happens with this.

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