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"Why Can?t Martha Stewart Have a Gun?"

By Douglas A. Berman

The title of this post is the title of a new article by C. Kevin Marshall that will appear the Spring 2009 issue of the Harvard Journal of Law and Public Policy.  A helpful reader sent me a copy of the article, perhaps after noticing this post I wrote way back in January 2008 questioning the justification for asserting that Martha Stewart and Scooter Libby and other non-violent felons are completely and forever excluded from the Second Amendment's protection.  I have secured permission to post this new article, which starts this way: In 2004, domestic diva Martha Stewart was convicted of obstruction of justice, making false statements, and two counts of conspiracy in connection with dubious stock transactions.  Although sentenced to only five months in jail plus a period of supervised release, she risked a much harsher punishment...continue to full post

Full post as published by Sentencing Law and Policy on March 17, 2009 (boomark / email).