Via the The Volokh Conspiracy at The First (?) Post-Heller Case Holding a Gun Control Law Unconstitutional:
This involves as you see the Judges debating if the Govt can when someone is charged with possessing child pornography (among other crimes) and is freed on bail, he be ordered not to possess any firearm.
I think there is a good discussion of that . I mean what are the reasons for this? Are people that have child porn more or as likely as people convicted of Armed Robbery to commit a crime of violence using a firearm?
Now I think this is a very good. A judge taking a Constitutional Amendment seriously. It also starts looking at the nuts and bolts of Heller.
The bad news is that an accused pedophile do not make for sympathetic test cases. But when you think about often the defendants in important cases are exactly great PR agents for issue x.
I also like the fact that this statute is being examined. I agree with the commenter that just because a person is charged with crime x that gives them carte blanche to start denying them very huge Const rights.
I imagine if I represented a client that was charged with Child porn or worse abuse of minors I would very much want them to have a gun so they could protect themselves from some not so friendly neighbors.
Monday, January 12, 2009
The First Post Heller Gun Case- Gun Law Found Unconstitutional
Posted by James H at 1/12/2009 12:46:00 PM
Labels: politics, Supreme Court
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