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Thread: Eugene Volokh discusses IMPORTANT Second Amendment case from the 4th Circuit

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    Eugene Volokh discusses IMPORTANT Second Amendment case from the 4th Circuit

    Big Second Amendment Opinion from the Fourth Circuit, Related to the Ban on Gun Possession by Domestic Violence Misdemeanants

    The opinion is United States v. Chester, just decided today; thanks to Prof. Doug Berman (Sentencing Law & Policy) for the pointer.

    The panel opinion, as I read it, endorses a three-tier level of review, at least for substantial restrictions on gun possession such as the one here (as opposed to milder burdens on gun possession):

    (1) Historically accepted exceptions to gun rights (at least ones accepted as of the Framing, and perhaps some more) are constitutional.

    (2) Substantial restrictions on gun possession that fall within the core of Second Amendment protection, described by the panel as “the right of a law-abiding, responsible citizen to possess and carry a weapon for self-defense” (note the inclusion of carrying, and not just possession in the home, as some courts have said), are probably subject to strict scrutiny.

    (3) Substantial restrictions on gun possession that are neither historically accepted nor applicable to “law-abiding, responsible citizen[s] ... possess[ing] and carry[ing] a weapon for self-defense” are subject to intermediate scrutiny, which calls for factual evaluation of whether the law is “substantially related” to a sufficiently “important government goal.” Since there will almost always be an important government goal to which the government could point — preventing death, injury, and violent crime — the main questions will likely be (a) what sort of factual evidence the government will have to show, and (b) to what extent will courts demand that the evidence specifically justify not just some restrictions but life-long (or very long-term) restrictions.

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    Interesting. I haven't read the link yet, but Item 1 is expected. Item 2 is huge. Item 3 is where probably 99% of the litigation will take place. It's going to be long, ugly, expensive, and will still allow a crazy patchwork of gun laws.

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    I believe that once the sentence is served, the individual should have his/her rights restored. In the case of domestic violence, I believe that the individual needs to have the beat out of them. Once that is served, the individual should be returned to society with a lesson.

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    This is a huge win for Gun Rights. Strict scrutiny (hooray!) except for keeping guns and criminals apart (Intermediate scrutiny).

    The right to carry, not just a right to hide in your home with the gun.

    Not perfect, but clearly more than what we have gotten from any other US Circuit Court.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Possible effect on 'Campus Carry'

    Quote Originally Posted by Thundar View Post
    This is a huge win for Gun Rights. Strict scrutiny (hooray!) except for keeping guns and criminals apart (Intermediate scrutiny).

    The right to carry, not just a right to hide in your home with the gun.

    Not perfect, but clearly more than what we have gotten from any other US Circuit Court.
    If the courts now apply Strict Scrutiny to State college campuses and their obnoxious 'No Weapons' policies, wouldn't most of those policies FAIL?

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    Regular Member Thundar's Avatar
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    Sensitive Places?

    Quote Originally Posted by Repeater View Post
    If the courts now apply Strict Scrutiny to State college campuses and their obnoxious 'No Weapons' policies, wouldn't most of those policies FAIL?
    Besides the level of scrutiny confusion, didn't SCOTUS have a sensitive places exception in their ruling?
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Quote Originally Posted by Thundar View Post
    Besides the level of scrutiny confusion, didn't SCOTUS have a sensitive places exception in their ruling?
    Well, that's disputable.

    As Gun Leaders discusses here, the AG's "henchmen" asserted "Sensitive Places" during the DiGiacinto vs. the Rector and Visitors of George Mason University Oral Arguments in November, but even if the courts allow 'schools' as a so-called 'sensitive place' it seems reasonable to interpret that to mean K-12 schools, not colleges and universities where adults are carrying.

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    Regular Member Thundar's Avatar
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    Quote Originally Posted by Repeater View Post
    Well, that's disputable.

    As Gun Leaders discusses here, the AG's "henchmen" asserted "Sensitive Places" during the DiGiacinto vs. the Rector and Visitors of George Mason University Oral Arguments in November, but even if the courts allow 'schools' as a so-called 'sensitive place' it seems reasonable to interpret that to mean K-12 schools, not colleges and universities where adults are carrying.
    I don't disagree with you at all Repeater, I was just playing devil's advocate.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Quote Originally Posted by Thundar View Post
    I don't disagree with you at all Repeater, I was just playing devil's advocate.
    Oh I realize that; I was showing what the AG attorneys said at Oral Argument.

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