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Seventh Circuit gives short shrift to drug dealer's Heller claim

By Douglas A. Berman

Though the result is not at all surprising, the Seventh Circuit's decision today discussing Heller is still notable for how (and how quickly) it disposes of a drug dealer's effort to claim that his home gun possession was constitutionally protected.  Here is the Heller discussion in the ruling (per Judge Easterbrook) in US v. Jackson, No. 07-3849 (7th Cir. Feb. 18, 2009) (available here): The Court said in Heller that the Constitution entitles citizens to keep and bear arms for the purpose of lawful self-protection, not for all self-protection.  Jackson was distributing illegal drugs (cocaine and unlicensed dextromethorphan hydrobromide tablets) out of his home.  The Constitution does not give anyone the right to be armed while committing a felony, or even to have guns in the next room for emergency use should suppliers, customers, or the police threaten a dealer?s stash...continue to full post

Full post as published by Sentencing Law and Policy on February 18, 2009 (boomark / email).