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Prosecutorial headaches after Heller

By Douglas A. Berman

Before the ink was dry on the Supreme Court's landmark Second Amendment ruling in Heller, prognosticators, pundits and politicians were predicting what types of gun control laws and regulations were now constitutionally suspect.  But I keep thinking about how the Court's forceful embrace of an individual "right of law-abiding, responsible citizens to use arms in defense of hearth and home" could create huge headaches for federal and state prosecutors in the day-to-day operation of the criminal justice system. In my view, a serious commitment to the concepts and principles developed by the Court in Heller could impact many aspects of the day-to-day operation of modern criminal justice systems.  As I have stressed before, felon-in-possession prohibitions and severe federal sentences might be subject to new attacks in the wake of Heller...continue to full post

Full post as published by Sentencing Law and Policy on June 30, 2008 (boomark / email).