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Another notable Second Amendment claim rebuffed by another federal judge

By Douglas A. Berman

As detailed in this local report, which is headlined "Federal judge orders BB-gun toting woman to serve sentence," the now-familiar pattern of lower federal courts refusing to give broad application to the Supreme Court's recognizition of individual Second Amendment rights is continuing.  Here are the specifics this time around: A federal judge Tuesday refused to delay a jail sentence any longer for a Santa Cruz Mountains woman who has been fighting to overturn her misdemeanor gun-brandishing conviction with an argument that her Second Amendment rights have been violated. In a nine-page order, U.S. District Judge Phyllis Hamilton found that Stanford-educated medical doctor Barbara Saldinger is unlikely to prevail in her legal battle and that she should begin serving her 60-day jail sentence immediately...continue to full post

Full post as published by Sentencing Law and Policy on August 25, 2010 (boomark / email).