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Another (too?) brief opinion rejecting misdemeanant's Second Amendment claim

By Douglas A. Berman

A helpful reader sent me a copy of the latest lower court ruling that declares that the constitutional right recognized by the Supreme Court in Heller is categorically unavailable to another group of individuals.  The decision this time comes in US v. Skoien, No. 08-rc-19-bbw (W.D. Wis. Aug. 27, 2008) (available for download below).  Here are some key passages from the opinion: Defendant Steven M. Skoien has moved to dismiss the indictment against him on the ground that 18 U.S.C. § 922(g)(9) violates the Second Amendment to the Constitution of the United States. Defendant is charged in a one-count indictment with possessing three firearms after having been convicted of a misdemeanor crime of violence, in violation of § 922(g)(9).....continue to full post

Full post as published by Sentencing Law and Policy on August 28, 2008 (boomark / email).