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A ruling that must be wrong if the Second Amendment is about the right of self-defense

By Douglas A. Berman

The Third Circuit today in US v. Alston, No. 06-1559 (3d Cir. May 20, 2008) (available here), affirms a mandatory 15-year felon-in-possession conviction in yet another case that has to give serious pause to real fans of the Second Amendment.  Here are the basics:Alston admitted to possessing a firearm but he claimed it was necessary for self-defense.  The uncontested facts [show] ... that in June 2001, he was robbed and shot five times at 45th and Sansom Streets in Philadelphia. After returning home from the hospital, Philadelphia police officers asked him to prosecute.  On the basis of Alston?s identification, two men were arrested and tried. Alston testified against the men at the preliminary hearing and at trial, having received police assurances of protection...continue to full post

Full post as published by Sentencing Law and Policy on May 20, 2008 (boomark / email).