Miller v. Sessions (E.District PA)

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  • press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    https://scholar.google.com/scholar_...5572&q="bear+arms"&hl=en&scisbd=2&as_sdt=6,49

    Court finds USC 18 922 (g)(1) unconstitutional as applied to Miller. The introduction is great:

    This action is about one citizen's individual Second Amendment right to keep and bear arms. The citizen wishes to purchase and possess a firearm. The Government contends that under 18 U.S.C. § 922(g)(1), the citizen is permanently banned from possessing a firearm because of a 1998 misdemeanor conviction under the Pennsylvania Vehicle Code. The citizen challenges the federal statute as unconstitutional as applied to him. The citizen wins.
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,499
    God's Country
    Pretty interesting read. Basically the case was won by disputing the severity of his previous misdemeanor conviction. Specific citing that his crime was non-violent in nature as a basis for relief.
     

    krucam

    Ultimate Member
    Good ruling. These misdemeanor violations acting as a lifetime prohibitor are simply wrong and misapplied. Even though it was 'as-applied' to this plaintiff, it will be good precedent for folks in that jurisdiction.
     

    FrankOceanXray

    Ultimate Member
    Oct 29, 2008
    12,028
    Good ruling. These misdemeanor violations acting as a lifetime prohibitor are simply wrong and misapplied. Even though it was 'as-applied' to this plaintiff, it will be good precedent for folks in that jurisdiction.

    How do those folks in similar situations learn about this and apply for the same relief? Creating a wave affect... ?

    At what point does this ruling simply apply to all in the area without need for application, court cases? When can the law reflect this change, from area, to region to state to federal?
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    How do those folks in similar situations learn about this and apply for the same relief? Creating a wave affect... ?

    At what point does this ruling simply apply to all in the area without need for application, court cases? When can the law reflect this change, from area, to region to state to federal?

    I assume Congress has to act and clarify the statute to where non violent felons are excluded from the prohibition.
     

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