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Another Supreme Court Case - Lautenberg |
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Tuesday, 25 March 2008 |
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A new case, U.S. v. Hayes (07-608), has been granted cert. Randy Edward Hayes was charged in 1995 under a violation of the Lautenberg Amendment. The question presented is not within the bounds of the Second Amendment. But, Sentencing Law and Policy believes an individual rights decision in Heller could expand this case. Check out SCOTUS takes new gun case ... is this a Heller tea leaf?. I have a question for those more knowledgeable than I. Firearms prohibition comes in where you are convicted of a crime and could be sentenced to more than one year. Is Lautenberg the only disabling factor where a lessor possible sentence gets you to prohibited status? Update: Detail from Court Takes Firearms Possession Case Last year, Hayes convinced the 4th U.S. Circuit Court of Appeals in Richmond, Va., to dismiss the indictment against him. The appeals court ruled in Hayes' favor because the language of the state law on battery in the 1994 case did not contain specific wording about a domestic relationship between the offender and the victim.
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