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.
By Dr. Ray Kessler, who is, incidentally, a retired Prof. of Criminal Justice, former defense attorney and prosecutor is your host. I am also a part-time instructor in Criminal Justice at Richland College, an outstanding, 2-year institution in Dallas, TX. https://richlandcollege.edu/ Note that I do NOT select which ads run on the blog.
Showing posts with label U.S. v. Castleman. Show all posts
Showing posts with label U.S. v. Castleman. Show all posts
Thursday, October 03, 2013
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