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One (of many?) post-Heller motion to dismiss felon in possession federal indictment

By Douglas A. Berman

A friend of the blog sent me a copy of a notable motion to dismiss a federal criminal indictment for felon in possession based on Heller. The motion is pretty straight-forward (and can be downloaded below), and the heart of the claim is simply stated in the motion: Heller is the foundation for Barton?s request to dismiss the indictment because, as it is applied, Section 922(g) is unconstitutional. What led to Barton?s indictment was the search of his home.  The search was conducted after the obtainment of a search warrant. Found inside and taken from Barton?s home were seven (7) pistols, three (3) shotguns, five (5) rifles and 44 pieces of a particular type of ammunition. It is Barton?s position that he has the Second Amendment right to possess those items in his home and any prosecution based upon those items would violate his constitutional rights under the Second Amendment...continue to full post

Full post as published by Sentencing Law and Policy on July 09, 2008 (boomark / email).