13 Jan 2009

Heller Makes a Big Difference

, , , ,

Eugene Volokh discusses U.S. v. Arzberger a case in which a defendant charged with possession of child pornography when released on bail would previously have automatically lost his right to possess firearms simply by virtue of being accused of a federal crime.

The federal magistrate found that, D.C. v. Heller having recognized the existence of a Constitutionally-protected individual right, Due Process comes into play, and it becomes necessary for the Government to establish the existence of a public danger of such a defendant engaging in violent actions using firearms before his Right to Keep and Bear Arms may be infringed.

The US Constitution has begun returning from exile.


Please Leave a Comment!

Please note: Comments may be moderated. It may take a while for them to show on the page.

Entries (RSS)
Comments (RSS)
Feed Shark