Thursday, March 10, 2011
Recent 2nd Amend. decision
No rights are absolute and the Second Amendment is not absolute. In a generally sensible Second Amendment decision, the 3rd Circuit held that the Second Amendment does not give convicted felons a right to possess firearms and ammunition. This defendant had 7 pistols, five rifles, three shotguns and relevant ammo. I generally agree with the decision, except that, as in Texas law, I would make an exception for the defendant’s home. However, I would limit that exception for felons to some limit on the number and type of weapons as the right involves defensive use of firearms in the home.