U.S. v. Arzberger decided in favor of 2nd amendment
Posted: Mon Jan 12, 2009 2:37 pm
Federal law requires defendants who are charged with possession of child pornography to divest themselves of firearms, as a condition of bail.
One Jason Arzberger was so charged. He appealed the judge's bail order, and a U.S. Magistrate in the Southern District of New York declared the portion of the federal law that prohibits defendants from possessing firearms unconstitutional on a 2nd amendment basis.
I think this is not even a binding ruling for the district where it was decided (yet), but it is precedent.
For a better explanation, see the Volokh Conspiracy: http://volokh.com/archives/archive_2009 ... 1231712651" onclick="window.open(this.href);return false;
- Jim
One Jason Arzberger was so charged. He appealed the judge's bail order, and a U.S. Magistrate in the Southern District of New York declared the portion of the federal law that prohibits defendants from possessing firearms unconstitutional on a 2nd amendment basis.
I think this is not even a binding ruling for the district where it was decided (yet), but it is precedent.
For a better explanation, see the Volokh Conspiracy: http://volokh.com/archives/archive_2009 ... 1231712651" onclick="window.open(this.href);return false;
- Jim