View Single Post
Old October 18, 2010, 01:39 PM   #4
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,276
Quote:
Originally Posted by vranasaurus
The GCA excludes misdemeanors punishable by two years or less.
Nope. The actual wording under 18 U.S.C. § 922(g)(1):
Quote:
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
The law does not use the terms, misdemeanor or felony. The law is applied, based upon the maximum length of possible sentencing.

As I said, under current interpretation (by the feds), any State that changes its maximum penalty for a misdemeanor to one year and one day (or more) will place anyone convicted of said misdemeanor (at any time previous to such an enactment), into the prohibited persons category.

Stripping a person of a fundamental constitutional right is in fact, a punishment. Before McDonald, we could quibble about the legal meaning of ex post facto. Post McDonald, it is most certainly changing the punishment for an act committed prior to the legislated Act.

That is precisely what the State of MD did. Should this law be upheld, it is what any State legislature might do in the future.
__________________
National listings of the Current 2A Cases.
Al Norris is offline  
 
Page generated in 0.05985 seconds with 7 queries