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Yet another federal sentence prompting Second Amendment questions

By Douglas A. Berman

I continue to see new Second Amendment questions in federal cases in light of Justice Kennedy's suggestion during the Heller oral argument that the Second Amendment may protect the right of homeowners to have a gun in their house for self-protection.  Consider, for example, a curious (and troublesome) new ruling from the Eighth Circuit in US v. Cole, No. 07-2593 (8th Cir. May 15, 2008) (available here). The Eighth Circuit opinion is Cole is a bit opaque in affirming the sentences of a husband and wife convicted federal gun crimes.  Here is what is clear: "Robert Cole and Linda Gilbert, husband and wife, were convicted of possessing an unregistered firearm, [and] Mr. Cole was also convicted of being a felon and a drug user in possession of firearms...continue to full post

Full post as published by Sentencing Law and Policy on May 15, 2008 (boomark / email).