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Seventh Circuit rejects Second Amendment arguments against § 922(g)(3)

By Douglas A. Berman

Today through its decision in US v. Yancey, No. 09-1138 (7th Cir. Sept. 3, 2010) (available here), a Seventh Circuit panel provides yet another example of the disinclination of lower courts to extend the reach or applicability of the Supreme Court's Second Amendment work in Heller. Here is the start and end of the per curiam Yancey opinion: Matthew Yancey pleaded guilty to possessing a firearm as an unlawful user of marijuana but reserved the right to argue on appeal that the offense of conviction, 18 U.S.C. § 922(g)(3), violates the Second Amendment as interpreted in District of Columbia v. Heller, 128 S. Ct. 2783 (2008).  We conclude that the statute is constitutional and affirm Yancey?s conviction.... In sum, we find that Congress acted within constitutional bounds by prohibiting illegal drug users from firearm possession because it is substantially related to the important governmental interest in preventing violent crime...continue to full post

Full post as published by Sentencing Law and Policy on September 03, 2010 (boomark / email).