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August 6, 2010, 10:55 AM | #1 |
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Seventh Circuit Rejects As-Applied Challenge to Felon-in-Possession Charge on 2A
The Sentencing Law and Policy Blog covers the U. S. vs. Williams decision.
The decision is probably no surprise given the en banc opinion in Skoien; but Sentencing Law and Policy noted that Page 16 of the decision contained a suggestion that the 7th Circuit might look differently at a non-violent felon who was charged with felon in possession. Also of interest was that retired Justice Sandra Day O'Connor was a part of the three judge panel (although she did not write the decision). Last edited by Bartholomew Roberts; August 6, 2010 at 12:51 PM. Reason: Fix links |
August 6, 2010, 11:47 AM | #2 |
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Your links are messed up.
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August 6, 2010, 11:51 AM | #3 |
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I would have been surprised if the Court had ruled in the felon's favor.
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August 9, 2010, 04:01 PM | #4 | ||
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So, Skoien doesn't apply here because it considered the question of a misdemeanant, not a felon. However, the court still hears its echoes:
Quote:
In this case, the government's claim that a law is effective in keeping guns out of the hands like Mr. Williams pretty much constitutes a "strong showing." This certainly isn't the kind of test case I want for § 922(g)(1), but lest we worry that the court is handing ammunition to the other side, they acknowledge the fact that a more suitable challenge may grow legs in the future: Quote:
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August 9, 2010, 04:10 PM | #5 |
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It strikes me that the panel opinion really didn't try too hard to reconcile the en banc decision in Skoien with their own comments regarding non-violent felons. Skoien certainly didn't seem to be a defendant on the lines of Williams; but the court seems to feel that both prohibitions are constitutional.
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August 9, 2010, 05:15 PM | #6 | |
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Quote:
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August 9, 2010, 06:40 PM | #7 |
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felons
I was watching A you tube of Alan Gura discusing the heller desision, He made brief mention of too many crimes being elevated to felony status (creating lifelong restrictions and hardships). I don't believe he was talking about violent crimes though.
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August 9, 2010, 07:50 PM | #8 |
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Yep. The problem is this case and this plaintiff. Williams is a rather unpleasant man, and not too bright. I wouldn't want him owning guns, either.
A better case will be made by someone who is denied on the grounds of a non-violent felony. Imagine someone convicted of check fraud in 1978 who's lived a lawful life since, for example. Once the penalties have been paid, and the person has rehabilitated, then they should be able to have their rights restored.
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August 10, 2010, 07:14 AM | #9 |
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In Indiana if one has a non felony conviction as a minor that would have been a felony if they had been an adult one can qualify for an Indiana permit but not pass the instant background check at point of purchass. As I recall there are a couple of states that have simmilar laws.
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August 10, 2010, 01:05 PM | #10 | |
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Quote:
Other posters in other threads have chronicled examples of people sitting in their cars outside of Starbucks being arrested for felony theft of services because they were using Starbucks Wi-Fi signal without going into the store.
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