Another firearms case to SCOTUS

[Garys]

From Fox News. They didn't cite the actual case name, but I'm sure someone here knows it.

 

[Garden12]

I'm pretty sure it's the Castleman case. If a domestic violence misdemeanor charge should disbar someone from owing a gun. It was in the news because it was argued this week, but it was filed awhile ago.

http://www.scotusblog.com/case-files/cases/united-states-v-castleman/

 

[Palladin]

http://thinkprogress.org/justice/20...ic-violence-conviction-barred-gun-possession/

 

[Garys]

Well, that's a complex case. Even if SCOTUS doesn't over turn his PP status, he's still likely to be in trouble for selling guns and his wife might be on the hook for making straw purchases. Think Progress pretty obviously has it's panties in a wad, but for all the wrong reasons. As usual.

 

[LoginName]

From Fox News. They didn't cite the actual case name, but I'm sure someone here knows it.

Well, that's a complex case. Even if SCOTUS doesn't over turn his PP status, he's still likely to be in trouble for selling guns and his wife might be on the hook for making straw purchases. Think Progress pretty obviously has it's panties in a wad, but for all the wrong reasons. As usual.

I don't know any of the details (other than what's been posted here so far), but I really hope the SCOTUS declines this case.

Cases involving questionable/criminal behavior litigants, and the 2nd amendment are not the wisest thing to put on the table.

There was a very good reason why the CATO institute and Alan Gurara carefully chose to vet cases of law abiding individuals with a clean record in Parker v. DC (later, Heller v. DC).

And... we barely won that one.

 

[Knuckle Dragger]

It is Castleman. All the antis have filed amici briefs, no one on our side has. I don't think of this as a 2A case. It's more of a wonkish legal question case.

Here's a transcript of oral arguments, which I'm about to make my bedtime reading for the evening.

 

[Rob Boudrie]

A lower federal court overturned (or refused to convict, not sure which) on a felon in possession charge because the misdemeanor domestic violence charge did not involve any violence. If he wins, it will require that domestic charges be classified as violent or non-violent (although that will not stop MA from classifying them all as violent for the purposes of the MA PP statute).

The only impact on MA residents will be on a person who has a non-violent domestic misdemeanor - if the defendant wins, it means such a person could only be convicted on state charges if in possession.

 

[Knuckle Dragger]

A lower federal court overturned (or refused to convict, not sure which) on a felon in possession charge because the misdemeanor domestic violence charge did not involve any violence. If he wins, it will require that domestic charges be classified as violent or non-violent (although that will not stop MA from classifying them all as violent for the purposes of the MA PP statute).

The only impact on MA residents will be on a person who has a non-violent domestic misdemeanor - if the defendant wins, it means such a person could only be convicted on state charges if in possession.

This district court dismissed the charge and the circuit upheld the dismissal. If the court had initially returned a not guilty verdict the government would not have been able to appeal the verdict.