Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

The likely state criminal litigation impact of McDonald and state applications of the Second Amendment

By Douglas A. Berman

Even before having a chance to skim the Supreme Court's important McDonald ruling concerning the application of the Second Amendment to the states, I can already predict one of its likely (and most consequential?) impacts:  lots of state court litigation over state criminal laws concerning the possession and use of firearms.  As regular readers of this blog know, the vast majority of persons who have sought to expand and extend the Supreme Court?s landmark Second Amendment ruling in Heller in the last two years have not been folks like Otis McDonald, the lead plaintiff in the case decided by the Supreme Court today.  Rather, the most common Second Amendment litigant has been a federal defendant charged with some form of gun possession crime...continue to full post

Full post as published by Sentencing Law and Policy on June 28, 2010 (boomark / email).