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Bill aims to reverse US v. Small
Snowflakes in Hell discovers Diane Feinstein's latest, S.1526. It would overturn the Supreme Court determination, in Small v. US, that foreign law convictions do not count as convictions that bar gun possession under the Gun Control Act.
It does have two exemptions:
1) If the defendant can show the conviction "resulted from a denial of fundamental fairness that would violate due process if committed in the United States." Uh ... what does that mean? Due process PLUS fundamental fairness? Is denial of a jury trial within this, nor not, since after all a judge can be fundamentally fair? And how do you prove that a conviction "resulted from" any such violation? How do you prove a jury wouldn't have convicted, etc.?
2) conduct that would be legal if committed in the US As Snowflakes in Hell points out, that wouldn't cover Francis Gary Powers, convicted by the Soviets of espionage (which is an offense here), nor others who were similarly charged. And how about our POWs, often charged with "war crimes"?
Comments
What about countries (or states for that matter) where law is based on the Napoleonic system? If you are not innocent until guilty (as with systems based on English common law) is that a lack of fundamental fairness?
Posted by: bullbore at August 4, 2009 03:22 PM
Of course, we always come back to the "reasonable" part of the Second Amendment as all the lawyers want to claim.
I still don't see any grant of authority for reasonable guns laws and under our paradigm of government if it ain't delegated, the government don't got it. The idea that the government can have reasonable restrictions come from the old world idea of government, the styles of which were repudiated by those who left the old world to found this new one. Regardless of state and local laws, the federal system withholds all powers not specifically granted (See Amdt 10).
Tiocfaidh ar la!
Posted by: fwb at August 4, 2009 05:04 PM
If the Supreme Court continues to take the 2nd Amendment seriously, I wonder if this one could be ruled unconstitutional also. Seems like you would be deprived of a fundamental right without due process if there is no procedure to look into whether your foreign felony is a disqualifier in the US.
Posted by: bombloader at August 4, 2009 11:00 PM
It's simple: Feinstein needs to KMA, eff off and die. Then the world would be a happier and better place.
Posted by: Bill at August 5, 2009 08:24 AM
Where does Kennedy come down on "recognizing international precedent"?
Posted by: Jim D. at August 5, 2009 06:58 PM