Constitutional Law

Interesting ruling

US v. Huet, W.D. Pa. Defendant's live-in boyfriend plead out to felon in possession, and she was charged with aiding and abetting that possession. The court dismisses the indictment because there was no allegation or evidence that she aided or abetted other than by herself lawfully owning a firearm.

Then the court discusses Heller and McDonald, and concludes the indictment would violate the Second Amendment as well: "Were this Court to permit this Indictment to go forward, the Court would be countenancing the total elimination of the right of a sane, non-felonious citizen to possess a firearm, in her home, simply because her paramour is a felon, and not because of some affirmative act taken by the citizen. Under any level of scrutiny, said Indictment as to Huet is a substantial, if not unfettered, infringement on her Second Amendment right to keep arms."

Via the Volokh Conspiracy, which has interesting discussions in the comments.

Full post as published by Of Arms and the Law on November 25, 2010 (boomark / email).