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by KLB
Tue Feb 05, 2019 11:04 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Unconstitutional to deny 2nd Amendment rights for remote, misdemeanor violation of Vehicle Code
Replies: 1
Views: 763

Unconstitutional to deny 2nd Amendment rights for remote, misdemeanor violation of Vehicle Code

A federal district judge in Pennsylvania has found it unconstitutional for a plaintiff's Second Amendment rights to have been denied because he was convicted of a misdemeanor violation of the Pennsylvania Vehicle Code in 1998.
Applying intermediate scrutiny, which requires a substantial fit between the means and the ends, Judge Robreno found that “even when viewed in the light most favorable to the Government, § 922(g)(1), as applied to Miller, does not survive intermediate scrutiny because the Government has failed to demonstrate a substantial fit between disarming Miller and protecting the community from crime.”

https://blog.princelaw.com/2019/02/04/f ... itutional/

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