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Criminal Law

: Sentencing Law and Policy

Different rhetoric about individual gun rights

By Douglas A. Berman

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This AP reports that "Barack Obama said Friday that the country must do 'whatever it takes' to eradicate gun violence following a campus shooting in his home state, but he believes in an individual's right to bear arms":  "I think there is an individual right to bear arms, but it's subject to commonsense regulation" like background checks, he said during a news conference. Meanwhile, I am pleased to report that at least one lawyer has built on some of my musings about the potential for Second Amendment arguments in felon-in-possession cases.  This lawyer's motion to dismiss such a case based on the Second Amendment can be downloaded below, and here are snippets:The rights contained in the Second Amendment are ?preferred rights? because, first and foremost, they are inextricably intertwined with the right of self-defense...continue to full post

Full post as published by Sentencing Law and Policy on February 15, 2008 (boomark / email).

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