Thursday, October 03, 2013

Supreme Court to hear federal gun control law case

The U.S. Supreme Court will be hearing the case of U.S. v. Castleman during its upcoming term which starts next month.  The issue in the case is
whether  Castleman's "Tennessee conviction for misdemeanor domestic assault by intentionally or knowingly causing bodily injury to the mother of his child qualifies as a conviction for a “misdemeanor crime of domestic violence” under 18 U.S.C. § 922(g)(9)." Castleman was convicted of possessing a firearm while being a person who had been convicted of a "misdemeanor crime of domestic violence."  Unfortunately, it does not appear that this is a Second Amendment case.  The Court desperately needs to clarify the scope of the Second Amendment right.  Many lower courts have refused to read Second Amendment rights beyond possession in the home.  The Court needs to make clear that, as per the language of the Second Amendment ("keep and BEAR") protects at least some forms of carrying ("bearing") and extends beyond the home.

1 comment:

  1. " ...the right of the people to keep and bear arms, shall not be infringed." can't be any clearer. This said, concealed carry licenses and quick background checks on gun purchases are reasonable preventive measures to block individuals, who have proven to be a public threat, from obtaining firearms.