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Lots of Heller and a notable Ninth Circuit ruling

By Douglas A. Berman

There's lots of interesting Heller discussion going on over at The Volokh Conspiracy, and one post from Eugene Volokh really caught me eye and has me concerned again that courts (and also Eugene) are not prepared to take the implication of the Heller decision seriously, especially in the context of the operation of the criminal justice system.  This post, titled "Ninth Circuit's Sensible Response to a D.C. v. Heller Claim," reports on an unpublished ruling Ninth Circuit US v. Gilbert, No. 07-30153 (9th Cir. July 15, 2008) (available here), and after a long quote Eugene says "it seems to me the Ninth Circuit read and applied Heller quite correctly." Gilbert is a very interesting read because it confirms my belief that Heller creates lots of potentially unexpected prosecutorial headaches...continue to full post

Full post as published by Sentencing Law and Policy on July 17, 2008 (boomark / email).