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by ELB
Thu Dec 30, 2010 7:12 pm
Forum: Federal
Topic: New decision on loss of 2A due to misdemeanor conviction
Replies: 0
Views: 968

New decision on loss of 2A due to misdemeanor conviction

http://volokh.com/2010/12/30/big-second ... emeanants/" onclick="window.open(this.href);return false;

Short course: man (Brown) is arguing that permanent loss of right to have a gun due to misdemeanor domestic violence (MDV) conviction violates 2A rights. Fourth Circuit remanded case back to trial court, saying the goverment has not shown that there is a "reasonable fit" between the trying to reduce domestic gun violence and permanently removing a MDV misdemeanant's 2A rights. The remand is for the government to come up with evidence (not just assertions) that the law really has a substantial relationship to its goal, and for Brown to respond.

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