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Bartholomew Roberts · January 13, 2009, 04:51 PM

A magistrate judge for the Southern District of New York has found 18 U.S.C. § 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 at the Volokh Conspiracy (and there are quite a few tidbits of recent analysis on Heller in addition to this particular story as well).

January 13, 2009, 04:51 PM	#1
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Federal District Court rules 2nd Amendment is protected liberty interest under 5th A magistrate judge for the Southern District of New York has found 18 U.S.C. § 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 at the Volokh Conspiracy (and there are quite a few tidbits of recent analysis on Heller in addition to this particular story as well).