Thursday, October 03, 2013

Supreme Court to hear a Lautenberg Amendment Case

The Supreme Court has agreed to hear U.S. v. Castleman, a Tennessee case involving the Lautenberg amendment that deprives individuals of second amendment rights if convicted of a misdemeanor crime of domestic violence.

James Alvin Castleman plead guilty to a crime of domestic assault in 2001, then in 2008 he was found in possession of firearms and convicted of illegal possession of firearms under the Lautenberg amendment.

A federal judge said that the Tennessee law did not meet the requirements of the federal law for domestic violence, and dismissed the charges.  The Sixth Circuit, on appeal, upheld the findings of the District Court for the Western District of Tennessee.   The Department of Justice, under Eric Holder, is appealing the decision of the Sixth Circuit to the Supreme Court.

Scotusblog reports:
Justice Elena Kagan is not participating in this case.
A similar case in Wisconsin has resulted in the only appeal to a refusal to grant a concealed carry permit since the State passed its concealed carry reform in 2011.

 There does not appear to be any reference to second amendment rights in the appeal.

©2013 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

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