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4th Cir ruling on felons' possession in self-defense
It's under discussion over at the Volokh Conspiracy.
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I read the opinion and I agree - based on the facts as stated there, it sounds like Mr. Mooney pretty well got shafted. I think Judge Niemeyer was hinting pretty heavily that he was of the opinion that even if they did go to trial, the gov. would likely lose. Here's hoping they don't re-try the guy (can't believe I'm rooting for the felon, but these facts are pretty unusual).
Not all felons are equal, but 922(g) treats them all the same. Lots of non-violent crimes are felonies which might result in no jail time for a first conviction. But there is no rehabilitation possible for purposes of possessing a firearm, except a full pardon. If the Second Amendment recognizes an individual right it would seem to me that a lifetime denial of that right for one mistake that was non-violent and with no possibility of redemption is draconian, and perhaps unconstitutional.
Of course, we don't know Mr. Mooney's prior record.
I read this case and it renewed my faith in the law. Well, at least somewhat. Remembering how proud I was when I became a lawyer 30 years ago, and how much that pride has been assaulted ever since, this case picked up my spirit. Sound reasoning and wisdom. That's what judges are supposed to do.