http://briefcase8.com/2008/07/02/so-what-to-do-with-heller/ Case analysis with an attitude Wed, 28 Jul 2010 15:43:42 +0000 http://wordpress.org/?v=2.9.1 hourly 1 http://briefcase8.com/2008/07/02/so-what-to-do-with-heller/comment-page-1/#comment-42442 toby troyer Mon, 24 Nov 2008 21:27:08 +0000 http://briefcase8.com/2008/07/02/so-what-to-do-with-heller/#comment-42442 girlfriend stole guns to buy oxycotin or heroin not sure witch but should she be charged with manditory ohio gun specs charges girlfriend stole guns to buy oxycotin or heroin not sure witch but should she be charged with manditory ohio gun specs charges

]]> http://briefcase8.com/2008/07/02/so-what-to-do-with-heller/comment-page-1/#comment-41719 The Briefcase » Friday Roundup Fri, 24 Oct 2008 10:50:23 +0000 http://briefcase8.com/2008/07/02/so-what-to-do-with-heller/#comment-41719 [...] The Post-Heller landscape.  I’d written a number of posts (here and here) suggesting that the Supreme Court’s decision last June in District of Columbia v. Heller could have some major ramifications on criminal law.  My argument was that the Court, by establishing a fundamental right to bear arms, had opened the door to claims that weapons disability laws, and even gun specifications, in some cases weren’t based on a sufficient showing of a compelling governmental interest to pass constitutional muster.  [...] [...] The Post-Heller landscape.  I’d written a number of posts (here and here) suggesting that the Supreme Court’s decision last June in District of Columbia v. Heller could have some major ramifications on criminal law.  My argument was that the Court, by establishing a fundamental right to bear arms, had opened the door to claims that weapons disability laws, and even gun specifications, in some cases weren’t based on a sufficient showing of a compelling governmental interest to pass constitutional muster.  [...]

]]> http://briefcase8.com/2008/07/02/so-what-to-do-with-heller/comment-page-1/#comment-38936 The Briefcase » Friday Roundup Fri, 18 Jul 2008 10:36:26 +0000 http://briefcase8.com/2008/07/02/so-what-to-do-with-heller/#comment-38936 [...] More on Heller.  Many commentators, yours truly included, have suggested that the Court’s decision in Heller raises some questions about the validity of some gun laws, like those prohibiting possession by ex-felons, or even, in certain cases, the 1-year firearm specification under Ohio law.  Former Solicitor General Ted Olson chimed in with his opinion that “the Court might decide there are some classes of felons that ought to be treated differently from other classes of felons” in an interview in this article.  And Prof. Berman points to some other questions, like whether a defendant who’s pleading to a felony needs to be advised that he’s giving up his constitutional right to have a gun. [...] [...] More on Heller.  Many commentators, yours truly included, have suggested that the Court’s decision in Heller raises some questions about the validity of some gun laws, like those prohibiting possession by ex-felons, or even, in certain cases, the 1-year firearm specification under Ohio law.  Former Solicitor General Ted Olson chimed in with his opinion that “the Court might decide there are some classes of felons that ought to be treated differently from other classes of felons” in an interview in this article.  And Prof. Berman points to some other questions, like whether a defendant who’s pleading to a felony needs to be advised that he’s giving up his constitutional right to have a gun. [...]

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