Constitutional Law

Magistrate holds statute unconstitutional under Heller

Over at the Volokh Conspiracy, Gene Volokh notes a magistrate ruling. The magistrate refuses to follow a federal statute providing that giving up all guns shall be a condition of pre-trial release in child porn cases. Magistrate concludes that under Heller, disarming a person merely accused of an offense, and a nonviolent one at that, without an individualized finding of dangerousness, is deprivation of liberty w/o due process.

Full post as published by Of Arms and the Law on January 12, 2009 (boomark / email).