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Joined 3 years ago
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Cake day: June 18th, 2023

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  • Okay, that took some finding, but I did find the original language in the act. I agree that the “does and mean or” snippet reads bad, but I think it probably does actually mean or. The snippet reads like (not the actual language, just the form)

    In order to qualify, the candidate must have never:

    • killed a man,
    • stolen a car, and
    • beaten his wife.

    It does say “and,” which means technically a candidate who just killed a man is fine, since he didn’t also steal a car and beat his wife. The “and” side is saying that unless you’re guilty of all three things, you’re an eligible candidate. The “or” side is saying any one is disqualifying by intent of the law.

    Here’s the actual text, for clarity:

    (1) the defendant does not have— ‘‘(A) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines; ‘‘(B) a prior 3-point offense, as determined under the sentencing guidelines; and ‘‘© a prior 2-point violent offense, as determined under the sentencing guidelines;’’

    My read is that saying “must have a 3pt offense and a 2pt offense” is a pretty clear signal of intent for “or.” It’s tough to imagine a scenario where lawmakers intentionally decided to only block people with both types of offense, but not with just one or the other.

    But RAW says and, which is probably why the courts ruled that way.