Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Third Circuit thoughtfully considers and rejects as-applied Second Amendment challenge to § 922(g)(1)

By Douglas A. Berman

The Third Circuit today has handed down a very interesting opinion in US v. Barton, No. 09-2211 (3d Cir. Mar. 4, 2011) (available here), concerning a Second Amendment challenge to the federal crime of felon-in-possession under 18 U.S.C § 922(g)(1). Here is just one of the many interesting passages from the opinion: To raise a successful as-applied challenge, Barton must present facts about himself and his background that distinguish his circumstances from those of persons historically barred from Second Amendment protections.  For instance, a felon convicted of a minor, non-violent crime might show that he is no more dangerous than a typical law-abiding citizen. Similarly, a court might find that a felon whose crime of conviction is decades-old poses no continuing threat to society...continue to full post

Full post as published by Sentencing Law and Policy on March 04, 2011 (boomark / email).