View Full Version : Federal District Court rules 2nd Amendment is protected liberty interest under 5th

Bartholomew Roberts
January 13, 2009, 04:51 PM
A magistrate judge for the Southern District of New York has found 18 U.S.C. ยง 3142(c)(1)(B) unconstitutional. This law requires that someone who is charged with possession of child pornography be required to surrender all firearms without any hearing in order to be eligible for bail.

The judge ruled that as a fundamental liberty interest, the Second Amendment right to keep and bear arms cannot be removed without due process, which means a defendant must receive a hearing before he can be deprived of his right to bear arms during the trial.

You can read more about U. S. vs. Arzberger (http://www.volokh.com/files/arzberger.pdf) at the Volokh Conspiracy (http://volokh.com/archives/archive_2009_01_11-2009_01_17.shtml#1231712651) (and there are quite a few tidbits of recent analysis on Heller in addition to this particular story as well).

January 13, 2009, 04:58 PM
Wow, cool Thread, Bart. I'll have to check out the links later. Thanks for posting them!

Gary L. Griffiths
January 13, 2009, 08:52 PM
As always, Bartholomew Roberts posts some great material.

A quick reading of Arzberger seems to indicate that the Lautenberg Amendment may be on the short road to the dustbin of history. :cool:

January 13, 2009, 10:39 PM
Its a ruling from a magistrate and has no precendential effect...but interesting

WildbutwhatwillthedistrictcourtsayAlaska TM

January 13, 2009, 11:32 PM
Wild is right, but as always, lawyers can still cite it.

Al Norris
January 14, 2009, 12:06 AM
Violation of Due Process... It may only be a magistrate court. But big things are built from small starts.