esqappellate
President, MSI
- Feb 12, 2012
- 7,408
If I count correctly, it was 10-6. Some of those 10 people would have gone farther and wanted to overturn prior circuit precedent or apply strict scrutiny.
how do you cite this opinion since it just came out?
Will this affect Kolbe?
Does anyone think this may help those who have a BS disqualifying crime 30 years ago be able to purchase? How can the government show that after 30 years of not having as much as a speeding ticket continue be disqualified for a bar fight at 21?
Folks in the 6th Circuit will be helped. Other circuits, maybe, maybe not. The 4th Circuit rejected the challenge of that one guy who was prohibited of a fight four decades old.
I think that was actually the D.C. Circuit in Schrader v. Holder, 704 F.3d 980, 986 (D.C. Cir. 2013).
This case just underscores the amount of confusion in the lower courts. Just look at how all over the place these judges are.
What's also sad is several judges here thought the government had proven it's case and Tyler should be forever denied his 2A right. Very frightening. Fortunately the 6th Circuit is one of the better Circuits right now. If this was CA2 he'd be screwed.
When we will know if the government is petitioning SOCTUS for cert?