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Criminal Law

: Sentencing Law and Policy

Has there been a single pro-gun-rights rulings in lower courts since Heller?

By Douglas A. Berman

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Today I came across promotions for two new books that both appear to be celebrating the Supreme Court's Second Amendment ruling in Heller: The Heller Case: Gun Rights Affirmed and Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment.  I then recalled this post yesterday from Eugene Volokh reporting on yet another lower court opinion rejecting an effort by an individual to assert gun rights based on Heller.  Putting all this together, I am wondering if I am the only one that has noticed and been seriously troubled by the fact that there apparently has not yet been a single notable lower court ruling that protects gun rights in the wake of Heller. As the title of this post suggests, it is possible that I have missed a pro-gun-rights Second Amendment ruling from a lower court in the four months since Heller came down...continue to full post

Full post as published by Sentencing Law and Policy on October 08, 2008 (boomark / email).

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