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Criminal Law

: Sentencing Law and Policy

Even the NRA, while urging Second Amendment strict scrutiny, thinks Martha Stewart and Lewis Libby have no gun rights

By Douglas A. Berman

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SCOTUSblog here has links to a large bunch of amicus briefs filed in the Supreme Court's Heller Second Amendment case.  Though perhaps other supporters of gun rights do not sell out felons, I was especially interested to see that the National Rifle Association's brief, which describes the NRA as "America?s foremost defender of Second Amendment rights" readily concedes that "laws barring [any gun] ownership by convicted felons" would pass its proposed Second Amendment test. As I have highlighted in prior posts, there are lots and lots of folks with felony convictions ? such as Martha Stewart and Lewis Libby ? who might want and need to have a gun for self-protection.  Nevertheless, while the NRA claims to be the foremost defender of the "human, civil, and constitutional rights of the individual to keep and bear arms in a free society," the NRA is still content (and even seems eager) to concede that once convicted of any kind of felony, any and every person loses forever these "human, civil, and constitutional rights...continue to full post

Full post as published by Sentencing Law and Policy on February 08, 2008 (boomark / email).

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