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Criminal Law

: Sentencing Law and Policy

Do all felons even forfeit their property rights when guns are involved?

By Douglas A. Berman

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Regular readers know that I am intrigued by the post-Heller jurisprudence which suggests that all felons (and even some misdemeanants) forfeit forever their Second Amendment right to armed self-defense in the home simply by virtue of a conviction.  Now I see from this intriguing new post at Volokh, which is headlined "The Second Amendment and the Takings Clause," that the feds and some courts seem to believe that felons (and presumably also some misdemeanants) forfeit forever their property rights in any gun simply by virtue of a conviction.  Here is the start of the Eugene Volokh's post noting a recent ruling on this topic: Felons can?t lawfully possess guns ? does it mean they can?t even arrange for their sale, and that the court may just order them destroyed? That seems to have been the government?s view in United States v...continue to full post

Full post as published by Sentencing Law and Policy on April 15, 2010 (boomark / email).

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