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Government Responds To Heller Motion

By Douglas A. Berman

A helpful reader alerted us that the government has responded to at least one motion to dismiss a federal criminal indictment for felon in possession based on Heller and the Second Amendment.  As previously summarized here, a hearing on this very motion has been scheduled for later this week.  Here is a snippet from the government's response:             The Heller Court held that the relevant provisions were unconstitutional as applied in the context of banning handguns that are possessed in the home for the purpose of self-defense, but did not wholly invalidate the registration and licensing scheme.              Significantly, the Court specifically noted that the right secured by the Second Amendment is "not unlimited...continue to full post

Full post as published by Sentencing Law and Policy on July 29, 2008 (boomark / email).