Constitutional Law

10th Circuit on DV cases and Heller

Dave Kopel has the story. They reversed, 2-1, the district judge who allowed a defendant to raise, as a defense to prohibited possessor status due to a misdemeanor DV conviction, that he posed no danger.

I do find it interesting that there have been several prohibited possessor cases that have gone for the prosecution, but by 2-1s. Not long ago that would have been unthinkable -- a 3-0 would have been a sure thing.

Full post as published by Of Arms and the Law on August 14, 2009 (boomark / email).