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 6.8.7
Site Design by Sekimori

« Another 2A case awaiting cert vote | Main | Supreme Court vacates and remands remaining 2A cases »

Another pending case

Posted by David Hardy · 28 June 2022 04:54 PM

Jones v. Hendrix. Petitioner was convicted of being a felon in possession 22 years ago, and took and lost a habeas petition to challenge that. Under legislation limiting habeas relief, he could only take a second petition for specified grounds, including a change in constitutional interpretation.

He brought a second habeas petition, after the Supreme Court ruled in 2019 that, in a felon in possession case, the government must prove that the defendant knew he possessed a gun, and also knew that he'd been convicted of a crime punishable by more than a year's imprisonment. So is there some way around the fact that the statute only allows a second petition based on a new *constitutional* interpretation, and says nothing about a new interpretation of statute?

Latest event: the Attorney General declined to argue the government's position (they can do that if they jump thru some hoops) and the Court appointed ("invited," but when the Supreme Court invites you, you do not decline) a private attorney to argue it.

Leave a comment