Unconstitutional to deny 2nd Amendment rights for remote, misdemeanor violation of Vehicle Code
Posted: Tue Feb 05, 2019 11:04 am
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.
https://blog.princelaw.com/2019/02/04/f ... itutional/
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/