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Imagining post-Heller federal felon-in-possession litigation

By Douglas A. Berman

I want to unpack a little more fully the basis for my post-Heller argument post, titled "Get ready for a Second Amendment rumble, defense attorneys."  That post was largely inspired by the fact that, as Lyle Denniston puts it here, expected Heller swing voter "Justice Anthony M. Kennedy emerged as a fervent defender of the right of domestic self-defense."  As I suggested here yesterday, the impact of Heller on federal felon-in-possession prosecutions could be significant if an enforceable Second Amendment right is conceptually premised on a robust right of domestic self-defense. To explicate my instincts here, consider how this op-ed from Robert Levy, a catalyst for the Heller litigation, concludes: At root, the Heller case is simple...continue to full post

Full post as published by Sentencing Law and Policy on March 18, 2008 (boomark / email).