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10th Circuit on DV cases and Heller
Posted by David Hardy · 13 August 2009 10:44 PM
Dave Kopel has the story. They reversed, 2-1, the district judge who allowed a defendant to raise, as a defense to prohibited possessor status due to a misdemeanor DV conviction, that he posed no danger.
I do find it interesting that there have been several prohibited possessor cases that have gone for the prosecution, but by 2-1s. Not long ago that would have been unthinkable -- a 3-0 would have been a sure thing.
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