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Updates on post-Heller Second Amendment litigation

By Douglas A. Berman

As regular readers will recall, I predicted lots and lots of lower court litigation driven by federal criminal defendants in the wake of the Supreme Court's Heller Second Amendment ruling.  Eugene Volokh has been doing an effective job keeping up with much of this litigation, and here are a few of his more recent posts discussing various lower court Second Amendment rulings: Mistake of Fact About Whether You're a Felon = Defense to Felon-in-Possession Statute (with Second Amendment in a Supporting Role) Strict Liability, Constitutional Rights, Guns, Speech, Abortion, and Underage Sex Another Post-Heller Second Amendment Decision Another Thinly Reasoned District Court Response to D.C. v. Heller In his review of all this litigation, Eugene rightly notes in nearly all post-Heller cases, lower courts have rejected (often with sloppy reasoning) efforts by criminal defendants to apply Heller and the Second Amendment in a way that would help gun owners...continue to full post

Full post as published by Sentencing Law and Policy on August 12, 2008 (boomark / email).