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Eighth Circuit (gleefully?) rejects Second Amendment challenge to § 922(g)(3)

By Douglas A. Berman

The Eighth Circuit today in US v. Seay, No. 09-2778 (8th Cir. Sept. 8, 2010) (available here), rejects yet again a federal defendant's effort extend the reach of the Supreme Court's Second Amendment work in Heller.  That fact alone is not especially notable, but I could not help but notice that the panel seems almost gleeful to reject a Second Amendment claim.  The Seay opinion works hard to dodge an appeal waiver in order to address the Second Amendment merits, and then it has this to say (with lots and lots of cites omitted): Following Heller, many defendants have argued that 18 U.S.C. § 922(g), or some subsection thereof, violates the Second Amendment. To date, none have succeeded.  For example, we have upheld the constitutionality of § 922(g)(1) (felon in possession)...continue to full post

Full post as published by Sentencing Law and Policy on September 08, 2010 (boomark / email).