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Challenge to felon in possession turned back
Posted by David Hardy · 28 December 2006 08:37 PM
There's a discussion of a 6th Circuit case, rejecting a challenge to prohibited person prosections as "selective prosecution" based on race, over at the Volokh Conspiracy
The debate reflects a problem that often occurs: (1) if you allow a challenge to be made, and discovery to be obtained, based on little evidence, you'll spend a lot of time sorting out those challenges and (2) if you require the defendant to come up with the evidence without discovery, odds are no challenge will ever be made. Courts in that situation tend to go with (2). Maybe I'm cynical, but the fact that (2) entails less work for the judiciary may play a role.
20 years ago I shot a man in the fist he had raised to me, in my home. He was dead drunk and threatening me after I had completed rehab on a broken neck! I have never purchased a firearm but have participated in target practices, trap shoots and just walkin' the dog with guns that did not belong to me. I was raped, battered, robbed, stalked and verbally beaten down and the troopers took 24 hrs to come when I called in after the rape. I fought back and my neck was broken. It took them nearly 17 years to find the guy and he had shot and killed 2 people by then.