Arrested prior to the change of regulations, but tried & convicted after the change went into effect. 4th Circuit says 1) "rules is rules" and upholds conviction; 2) "We don't want to be the ones that get blamed for what happens with guns outside the home".
I have to agree weith #1, but #2 is just too much!
http://pacer.ca4.uscourts.gov/opinion.pdf/094839.P.pdf
Read David Hardy's commentary here http://armsandthelaw.com/
In other words, gun owners cannot be trusted not to have shootouts in the streets and parking lots and checkout aisles and National Parks.
The rules of this forum and common decency prevent me from properly expressing my thoughts.
stay safe.
I have to agree weith #1, but #2 is just too much!
http://pacer.ca4.uscourts.gov/opinion.pdf/094839.P.pdf
Read David Hardy's commentary here http://armsandthelaw.com/
The court first decides that the prosecution survives the change to park regulations, and then considers the Second Amendment, with the judges splitting. The majority opinion, you could call it, just concludes that application of Heller outside the home is unsettled: a "considerable degree of uncertainty remains as to the scope of that right beyond the home and the standards for determining whether and how the right can be burdened by governmental regulation." It applies intermediate scrutiny, and upholds the statute.
Judge Niemeyer separately concludes that the right extends outside the home -- otherwise the Heller opinion wouldn't have had to talk about "sensitive places."
Judges Wilkinson and Duffy write separately, arguing that extending Heller outside the home should be left to the Supreme Court: "This is serious business. We do not wish to be even minutely responsible for some unspeakably tragic act of mayhem because in the peace of our judicial chambers we miscalculated as to Second Amendment rights. It is not far-fetched to think the Heller Court wished to leave open the possibility that such a danger would rise exponentially as one moved the right from the home to the public square. If ever there was an occasion for restraint, this would seem to be it. emphasis added "
In other words, gun owners cannot be trusted not to have shootouts in the streets and parking lots and checkout aisles and National Parks.
The rules of this forum and common decency prevent me from properly expressing my thoughts.
stay safe.