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 6.6.2
Site Design by Sekimori

« Study of Australian 1996 gun law | Main | Bush Administration flip-flop? »

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.

· prohibitted persons

1 Comment | Leave a comment

Deborah A Allen | December 31, 2006 6:57 PM | Reply

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.

Leave a comment