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Criminal Law

: Sentencing Law and Policy

Media coverage of Second Amendment effort to dismiss felon-in-possession charges

By Douglas A. Berman

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Last week I posted here a copy of a notable motion to dismiss a federal criminal indictment for felon in possession based on Heller and the Second Amendment.  Today the Pittsburgh Post-Gazette has this story on the motion.  Here are snippets from the story, which notes that a hearing on the motion has been scheduled for later this month:A Washington County man charged in federal court with being a felon in possession of a handgun has filed a motion asking that the charges be dismissed based on a recent Supreme Court decision.  James F. Barton Jr. argues that the court's opinion lifting the ban on handguns in Washington, D.C. ? and the assertion that the possession of guns in the home is an individual right ? must be applied to all people...continue to full post

Full post as published by Sentencing Law and Policy on July 13, 2008 (boomark / email).

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