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.


  1. If a felon can legally possess a firearm at home, now you have to catch him with it away from home . . . sorry Ray, a felony conviction is a picture of the heart . . . if he wants to defend his home let him buy some steel doors, dead bolts and a cross bow.

  2. Ridgway:
    Thanks for the comment. I like your phrase "picture of the heart." However, there are probably many folks with felony convictions for crimes that do not demonstrate a bad heart. Perhaps I could go with no exception for the home if the person has been convicted of a felony involving violence or threatened violence.