DC court allows 2A challenge to prior handgun possession (in DC) conviction

[pdm]

Volokh Conspiracy link

Magnus v. U.S., decided today, concludes that a defendant who pled guilty in 1996 to violating D.C. handgun ban can now have that plea set aside given D.C. v. Heller, assuming his conduct was indeed protected by the Second Amendment

 

[terraformer]

This is very surprising. The current judicial dogma on things like this is that all pre challenge convictions are valid in order to not throw the system into upheaval. This will be interesting.

 

[pdm]

I was surprised to see it too. But maybe because the right to possess was found to be fundamental in Heller, things changed.

 

[terraformer]

I was surprised to see it too. But maybe because the right to possess was found to be fundamental in Heller, things changed.

I know of nothing that supports that. But then again, most violations of 1A rights don't carry the penalties that 2A ones do and those convicted of mostly innocuous charges never care. Believe me, I have the popcorn out for this and am enjoying the show. I have been working on ways of addressing this issue in MA and I tell you, this being picked up and carried to SCOTUS will give us huge leverage to work on this issue here.

 

[pdm]

It would be very persuasive precedent.