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Noting the Second Amendment dogs that did not bark in Hayes

By Douglas A. Berman

Now available via SSRN is this effective little piece of student scholarship commenting on the Supreme Court's work last month in US v. Hayes upholding a gun possession conviction for a misdemeanant.  The piece is is titled "To Heller and Back: Why Many Second Amendment Questions Remain Unanswered After United States v. Hayes," and here is the abstract: In District of Columbia v. Heller, the U.S. Supreme Court held that the Second Amendment protects an individual right to possess firearms.  More recently, in United States v. Hayes, the Supreme Court upheld a federal statute which criminalizes the possession of firearms by persons previously convicted of misdemeanor domestic violence offenses.  This essay argues that the Hayes decision cannot be squared with the individual right to keep and bear arms enunciated in Heller...continue to full post

Full post as published by Sentencing Law and Policy on March 29, 2009 (boomark / email).