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Ninth Circuit panel rejects Second Amendment challenge to federal felon-in-possession crime

By Douglas A. Berman

The Ninth Circuit has a little ruling today that rejects a Second Amendment challenge to the federal felon-in-possession prohibition in light of Heller. The ruling in US v. Vongxay, No. 09-10072 (9th Cir. Feb. 9, 2010) (available here), gets started this way: Defendant-Appellant Peter Vongxay appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He challenges his conviction on three grounds. First, he argues that § 922(g)(1) violates the Second Amendment.  Next, he asserts that § 922(g)(1) violates his right to equal protection under the Due Process Clause of the Fifth Amendment.  Finally, he claims that the arresting officer?s search violated his Fourth Amendment right to be free from unreasonable searches and seizures...continue to full post

Full post as published by Sentencing Law and Policy on February 09, 2010 (boomark / email).