Federal Court Rules It’s Unconstitutional to Strip Second Amendment Rights as a Resul

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  • To be clear, as this was an as-applied challenge (since a facial challenge would not be successful), it only applies to the plaintiff in the case. That being said, it is an extremely persuasive decision that may make it far easier for future plaintiffs in an identical situation. Also, the Gov't has 60 days to appeal and we do not know what they intend to do, although I doubt that they want to fight me on appeal before the Third Circuit.

    Also, if you read the decision, you'll see that the court applied intermediate scrutiny.
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    This will be interesting to see how it plays out in appeals. As I recall there was a similar federal case from Massachusetts where any DUI carries a >1 year potential, around 15 years ago , and the citizen lost. Hopefully decency will prevail before states start making everything from littering to speeding a >1 year potential sentence just to inhibit gun ownership.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,154
    Anne Arundel County
    This will be interesting to see how it plays out in appeals. As I recall there was a similar federal case from Massachusetts where any DUI carries a >1 year potential, around 15 years ago , and the citizen lost. Hopefully decency will prevail before states start making everything from littering to speeding a >1 year potential sentence just to inhibit gun ownership.

    Not a smart thing for states to do. The extra case load of those now having to fight what would have formerly been "pay the fine and go on your way" charges would overwhelm the court system.
     

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