US vs Skoien decision in

[mack]

http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=08-3770_004.pdf


Intermediate scrutiny for a fundamental right - lifetime ban for a misdemeanor okay - the court comes up with the evidence to support/make the governments case - the court dismisses as dicta all parts of Heller decision except reasonable restrictions. Lovely. Since I believe this is the circuit and the judges who will hear the lawsuits over the new Chicago gun laws it looks like they will be held constitutional and have to be appealed to the USSC again - if they will grant cert.

Seventh Circuit - rules 2nd applys only to keeping a hangun in the home subject to reasonable restrictions as determined by legislation.

 

[bushmaster1313]

Major bummer

As they say, tough cases make bad law.

 

[General Geoff]

Lovely.

It is lovely, since now the supreme court gets to slap them down again. I can't imagine that the whole misdemeanor being grounds for a lifetime revocation of a fundamental right will stand.

 

[Cosmoline]

That's the Seventh Circuit, which is not noted for being left wing. The subtext I read from the case is that this was the wrong defendant to make the challenge under the wrong law. We need a defendant who was convicted once under a modern DV statute with all its typical overreaching.

 

[wishin]

This is a stretch:

The belief underpinning §922(g)(9) is that people who
have been convicted of violence once—toward a spouse,
child, or domestic partner, no less—are likely to use
violence again. That’s the justification for keeping
firearms out of their hands, for guns are about five
times more deadly than knives, given that an attack with
some kind of weapon has occurred.

 

[mack]

For some more possible insight into the damage to the RKBA done by this decision see the analysis here:


http://joshblackman.com/blog/?p=4861


http://joshblackman.com/blog/?p=4869

Also discussion on Volokh Conspiracy legal blog

Basically the 7th circuit seems to have adopted the view of the minority in Heller and McDonald and applied a balance test just like Justice Breyer wanted and as was explicitly rejected by the Majority in their rulings. This essentially sets a precendent that could justify almost all gun control laws.