Legal Research

Felons Claim Right To Own Firearms

By David Badertscher, PLL

Source: Crime and Justice News, July 21, 2008.

"Twice convicted of felonies, James Francis Barton Jr. faces charges of violating a federal law barring felons from owning guns after police found seven pistols, three shotguns and five rifles at his home south of Pittsburgh. As a defense, Barton and several other defendants in federal gun cases argue that last month's Supreme Court ruling allows them to keep loaded handguns at home for self-defense, reports the Associated Press. 'Felons, such as Barton, have the need and the right to protect themselves and their families by keeping firearms in their home,' says David Chontos, Barton's lawyer."

"Defense lawyers say the high court's decision means federal laws designed to keep guns out of the hands of people convicted of felonies and crimes of domestic violence are unconstitutional as long as the weapons are needed for self-defense. So far, federal judges uniformly have agreed these restrictions are unchanged by the Supreme Court's landmark interpretation of the Second Amendment. People on both sides of the gun control issue say they expect numerous attacks against local, state and federal laws based on the high court's 5-4 ruling that struck down the District of Columbia's ban on handguns".

Associated Press/Newsday

Full post as published by New York Supreme Court Criminal Term Library on July 21, 2008 (boomark / email).