View Single Post
Old January 15, 2012, 12:30 AM   #3
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,524
This was a good decision that may well affect other cases, now at the docket.

Although the right established in Heller is a qualified right, the right to possess arms (among those not properly disqualified) is no longer something that can be withdrawn by government on a permanent and irrevocable basis without due process. Ordinarily, to work a permanent or prolonged loss of a constitutional liberty or property interest, an adjudicatory hearing, including a right to offer and test evidence if facts are in dispute, is required.
Even Prof. Volokh thinks this is the correct way to interpret the 2A.
Al Norris is offline  
Page generated in 0.04358 seconds with 7 queries