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Cato Podcast

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

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 8 September 2023

⏱️ 14 minutes

🧾️ Download transcript

Summary

What are the implications of a federal court panel's decision that a lifetime ban on voting rights for felons is "cruel and unusual punishment"? Cody Wisniewski of the Firearms Policy Coalition comments.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Friday, September 8th, 2003.

0:07.0

I'm Caleb Brown.

0:08.0

It is now a matter of public controversy.

0:11.0

Is it cruel and unusual punishment to forever deny voting rights to

0:15.0

former felons and if so what does that say about the denial of Second Amendment

0:20.2

rights to those same people? Cody Wiznuski is with the Firearms Policy Coalition.

0:25.0

We spoke last month in Chicago.

0:28.0

In attempting to understand the circumstances under which a government either state or federal or local

0:36.8

I suppose but mainly state or federal can a bridge the right to keep them bear arms is it's shrinking. The opportunities for government

0:46.7

to do that are shrinking. Whether or not those governments really recognize that

0:50.0

at this point is another matter.

0:52.8

So there was this case about whether or not having your right to vote prohibited from exercising

1:01.0

that right, whether or not that constituted cruel and unusual punishment

1:05.2

under the US Constitution, which a court said, a federal court said, yes, this is cruel and unusual punishment.

1:13.7

That has incredible implications for the Second Amendment.

1:17.1

Can you walk us through, first of all, what are the elements of this case that tied directly to people trying to secure their own protection.

1:27.0

Yeah, absolutely. So you're right. I mean, government's opportunity to regulate second amendment issues are or the natural right of the

1:37.2

individual to keep and bear arms to possess arms for self-defense are certainly shrinking today and they're returning much more closely

1:47.1

to what they should be or what they were at the founding era and that's the key that we've

1:52.4

seen right so when Bruin was

1:53.6

handed down last year it reiterate what the reiterated what the Supreme Court

1:58.4

had said in Heller and essentially that is that you must look to text as informed by history when you're assessing any Second Amendment challenge.

...

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