Constitutional Law,
9th U.S. Circuit Court of Appeals
Dec. 3, 2024
En banc 9th Circuit panel to hear nonviolent felon gun possession case
Assistant Federal Public Defender Sonam A.H. Henderson challenged the conviction on the grounds that the "felon-in-possession" law does not prevent nonviolent felons from keeping and bearing arms under the U.S. Supreme Court's "history and tradition" Second Amendment test.
One of the most charged federal offenses is a provision of the Gun Control Act of 1968 which makes it a felony for convicts to possess a firearm if they have been sentenced to more than a year in prison.
Next week, a 9th U.S. Circuit Court of Appeals en banc panel will consider whether that law is constitutional as applied to a nonviolent felon.
The case could have major implications for the Second Amendment and criminal law. U.S. v. Duarte, 22-50048 (9th Circ., ...
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