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Fascinating little expungement ruling concerning Second Amendment rights from the Sixth Circuit

By Douglas A. Berman

The Sixth Circuit has a fascinating little ruling today concerning expungement and gun rights today in US v. Carey, No. 09-3399 (6th Cir. Apr. 19, 2010) (available here).  Here is the heart of the defendant's argument in Carey as explained by the panel: Carey argues that the Second Amendment to the United States Constitution gives him a fundamental right to possess or carry a firearm, and that the denial of his expungement motion for his valid conviction denied him this fundamental right, resulting in a violation of his Equal Protection and Due Process rights under the Fifth Amendment.  Essentially, Carey contends that, because expungement of his conviction would allow him to regain his Second Amendment rights, a court?s denial of expungement infringes upon his fundamental right...continue to full post

Full post as published by Sentencing Law and Policy on April 19, 2010 (boomark / email).