Another case has surfaced in the Supreme Court.
No. 10-1474
Edmund Chein v. State of California
Petition was filed on June 3rd, 2011. On Sep 15th, a response was requested, which was due yesterday (Oct. 17th).
Supreme Court Docket is
here. The petition is
here.
Quote:
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The question presented is whether a state court can impose a categorical weapons ban – forbidding use, possession and even ownership of a firearm – as a condition of probation for a nonviolent misdemeanor offense without engaging in any level of constitutional means-end scrutiny of the restriction on the Second Amendment right.
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Dr. Chein's attorney,
Tarik S. Adlai, goes into detail on how the circuits are split in applying scrutiny (in 2A cases), in an attempt to further his clients case.
Quote:
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Petitioner Edmund Chein’s case presents a good vehicle for resolving this issue. A 59 year old medical doctor with no prior criminal record, Dr. Chein was convicted of misdemeanor vandalism after he used a folding pocket knife to deflate the tires of an automobile that had repeatedly trespassed on his property, before calling for the assistance of the authorities. When sentencing him to a three-year term of probation, the California trial court imposed a categorical ban forbidding Dr. Chein to “own, use or possess any dangerous or deadly weapons, including any firearms” during the term of probation for his nonviolent misdemeanor offense. App. 3a, 8a. As the owner of several handguns kept for self-defense – as well as irreplaceable rare, antique or collectible firearms – Dr. Chein is being deprived of his Second Amendment right to keep and bear arms for self-defense and other lawful purposes while this condition remains in effect.
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