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Criminal Law

: Sentencing Law and Policy

Heller's impact on felon-in-possession crimes finally starting to generate attention

By Douglas A. Berman

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As regular readers know, I have been blogging about the possible impact of the Second Amendment on federal felon-in-possession crimes and sentencing since the Supreme Court first granted cert in Heller.  Now, thanks to a terrific concurrence by Judge Tymkovich (discussed here) about Heller and the 922(g)(1) felon-in-possession law in US v. McCane, No. 08-6325 (10th Cir. July 28, 2009) (available here), this issue is finally starting to get some broader attention.  Specifically, in this post at SCOTUSblog, Lyle Denniston responds to Judge Tymkovich's opinion and asks "Did Heller say too much?". Similarly, in this post at The Volokh Conspiracy, Eugene Volokh comments thoughtfully on Judge Tymkovich's opinion.  Here is hoping that other big bloggers and also the media start engaging with this issue more thoughtfully and dynamically...continue to full post

Full post as published by Sentencing Law and Policy on July 30, 2009 (boomark / email).

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