AHM
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WaPo: Volokh Conspiracy: By Eugene Volokh July 14[, 2016] Second Amendment protects former soldier who had been psychiatrically committed 10 years ago, when he was 15
It's interesting on the face of it. But wait, there's more:
It's a case in the Federal district court for PA, but I wonder if it could have indirect applicability to Mass.
The Feds insist that getting misdafelonies (e.g., DUI) scrubbed by the Mass FLRB doesn't restore gun rights because voting rights were never lost, and so aren't being restored.
It's not the first time that district court has done us a service in PA. Too bad that's not directly applicable in the First Circuit (New England). But if the same arguments fail here, it at least creates a circuit split and a path to SCOTUS.
It's interesting on the face of it. But wait, there's more:
It's a case in the Federal district court for PA, but I wonder if it could have indirect applicability to Mass.
Federal law allows state decisions to lift state gun disabilities to also have the effect of lifting federal gun disabilities, but only if the states adhere to federally prescribed standards for dealing with such matters. But the court concluded that Pennsylvania law doesn’t adhere to those standards, so the federal statutory disability was still in effect as to Yox. The question then was whether Yox had a Second Amendment right that trumped this federal prohibition.
The Feds insist that getting misdafelonies (e.g., DUI) scrubbed by the Mass FLRB doesn't restore gun rights because voting rights were never lost, and so aren't being restored.
It's not the first time that district court has done us a service in PA. Too bad that's not directly applicable in the First Circuit (New England). But if the same arguments fail here, it at least creates a circuit split and a path to SCOTUS.
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