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The best post-Heller test case for felon self-defense gun rights?

By Douglas A. Berman

Last month I highlighted in this post what would appear to be a very hard case in the wake of Heller's protection of an individual Second Amendment right in service to the natural right of self-defense.  The case, US v. Alston, No. 06-1559 (3d Cir. May 20, 2008) (available here), affirms a mandatory 15-year sentence in a felon-in-possession case.  As detailed in this prior post, it was undisputed that former felon Robert Alston carried a firearm fo a short period due to "a legitimate fear for life or limb" and he testify against local thugs who thereafter threatened Alston and his daughter.  Despite these undisputed circumstances, the Third Circuit affirms the district court's decision that Alston should not be allowed to even argue the defense of justification to a jury when being prosecuted for felon-in-possession...continue to full post

Full post as published by Sentencing Law and Policy on June 26, 2008 (boomark / email).