Constitutional Law

Bill aims to reverse US v. Small

Snowflakes in Hell discovers Diane Feinstein's latest, S.1526. It would overturn the Supreme Court determination, in Small v. US, that foreign law convictions do not count as convictions that bar gun possession under the Gun Control Act.

It does have two exemptions:

1) If the defendant can show the conviction "resulted from a denial of fundamental fairness that would violate due process if committed in the United States." Uh ... what does that mean? Due process PLUS fundamental fairness? Is denial of a jury trial within this, nor not, since after all a judge can be fundamentally fair? And how do you prove that a conviction "resulted from" any such violation? How do you prove a jury wouldn't have convicted, etc.?

2) conduct that would be legal if committed in the US As Snowflakes in Hell points out, that wouldn't cover Francis Gary Powers, convicted by the Soviets of espionage (which is an offense here), nor others who were similarly charged. And how about our POWs, often charged with "war crimes"?

Full post as published by Of Arms and the Law on August 04, 2009 (boomark / email).