Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.8
Site Design by Sekimori

« Canadian gun registration costs hidden by gov't | Main | Bloomsburg's mayors' conference »

Lautenberg and ex post facto

Posted by David Hardy · 12 May 2006 02:40 PM

Over at Gun Law News there's a debate on whether the Lautenberg amendment (making persons convicted of misdemeanor domestic violence into persons prohibited to possess guns) violates the ban on ex post facto laws.

I think GLN has it right. Lautenberg doesn't violate one arm of ex post facto (you can't criminalize conduct retroactively -- Lautenberg passes muster because to violate it a person must possess a gun after it was enacted) but does violate the other arm, at least for DV offenses commited before Lautenberg was passed (you can't increase punishment, in this case for the DV offense, after the offense was committed).

Not that any court's going to buy the theory. As I recall, they either ignore it, brush it off, or reason by analogy that putting conditions on something like permit or licensing isn't punishment. It might be interesting to bring a case in the Fifth Circuit, tho, since that circuit has recognized that the Second Amendment is an individual right. It's hard to apply reasoning keyed to permitting (government has no duty to license a person, it merely grants a privilege) to a restriction, indeed a complete cutoff, of a constitutional right.

· prohibitted persons

1 Comment | Leave a comment

beerslurpy | May 13, 2006 7:29 PM | Reply

Its an example of a bad legal principle being used to get good results and then being extended to produce bad results once it is entrenched. They let 30 years of prohibited person precedents build up in the circuits before they started to push the boundaries with Lautenberg. It is now hard to get rid of Lautenberg without getting rid of the Felon in Possession laws.

IMO prohibitions on RKBA should be imposed during sentencing, not by the legislature.

Leave a comment