U.S. District Court finds Some Felons
Have Second Amendment Rights

Dean Weingarten. May 7th, 2018
Original Source

On 26 April, 2018, the United States District Court for the Southern District of Illinois held that some felons have the right to keep and bear arms. Larry Hatfield was a perfect test case. From reason.com, Hatfield v. Session (formerly Hatfield v. Lynch)

Plaintiff Larry Edward Hatfield wants to keep a gun in his home for self-defense. But the Government bans him from doing so, because 28 years ago, Hatfield lied on some forms that he sent to the Railroad Retirement Board: a felony in violation of 18 U.S.C. § 1001(a). Hatfield later pled guilty to one count of violating the statute, an offense for which he received no prison time and a meager amount in restitution fees pursuant to a formal plea agreement with the Government.

Now, Hatfield brings this as-applied challenge to 18 U.S.C. § 922(g)(1)–the statute that bans him from owning a gun–on the grounds that it violates his Second Amendment rights. Hatfield embeds his argument in United States v. Williams, 616 F.3d 685 , 692 (7th Cir. 2010), which instructed that "[the Supreme Court's decision in D.C. v. Heller, 554 U.S. 570 (2008)] referred to felon disarmament bans only as 'presumptively lawful,' which, by implication, means that there must exist the possibility that the ban could be unconstitutional in the face of an as-applied challenge." If there is any case that rebuts that presumption, it is this one. So for the following reasons, the Court GRANTS summary judgment in favor of Plaintiff Larry E. Hatfield.......   .......

The word "felony" covers far too many "crimes" and there is a lot of blurring between what should be minor infringements and the real crimes that actually deserve incarceration. Prisons are overflowing and many inmates are serving time for sometimes ridiculously petty offences that have zero violence factor - many of these cases should not have to permanently by default loose their 2A rights.

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