The U.S. Attorney’s Office has responded to a motion to dismiss firearms charges against a convicted felon, rejecting claims by the defendant’s attorney that laws banning gun possession by felons are unconstitutional.
firearms charges against a convicted felon, rejecting claims by the defendant’s attorney that laws banning gun possession by felons are unconstitutional.
Gray argued that prior rulings by the U.S. Supreme Court and the 11th U.S. Circuit of Appeals allow restrictions on gun possession by felons. He pointed the 2008 District of Columbia v. Heller decision, which recognized that the Second Amendment guarantees an individual right to gun ownership. Jackson challenged the original indictment on grounds that police improperly relied on the city’s gunshot-detection system, ShotSpotter. Chief U.S. District Judge Jeffrey BeaverstockThe U.S. Attorney’s Office, in its response coted a trail of legal precedents dating to English common law, which forms the basis of American law. The English Declaration of Rights specifically excluded Catholics, for instance, according to the response.
Gray cited five examples of gun laws from the early 19th century and the 1700s that did restrict groups considered dangerous or disloyal – including Massachusetts and Pennsylvania statutes from the year of the Declaration of Independence in 1776 A 1777 Virginia statute excluding from militia service “imported servants” and others refusing to take an oath. According to the Duke center, that applied to “Felons, Foreigners and Others Deemed Dangerous By the State.”An 1813 Illinois law prohibiting citizens form providing guns to American Indians.
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