1. THE "SCOURGE" OF ARMED CHECK FRAUD: A CONSTITUTIONAL FRAMEWORK FOR PROHIBITED POSSESSOR LAWS.
- Author
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Giancana, Jeffrey
- Subjects
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GUN laws , *DISTRICT of Columbia v. Heller , *MCDONALD v. City of Chicago , *CIVIL rights , *RACKETEERING - Abstract
Prohibited possessor statutes have been a part of American law for decades. Put simply, these laws prohibit any person who has been convicted of a felony from possessing a firearm, a prohibition that lasts for the felon's entire life. The Supreme Court's modern Second Amendment jurisprudence has held that the right to possess a firearm is a fundamental individual right. In light of this new paradigm, the constitutionality of such broad prohibitions must be called into question--despite the eagerness of courts across the country to dismiss such challenges by pointing to a single line in Heller. This Note challenges the constitutionality of modern prohibited possessor laws and asserts that these laws are unconstitutionally overbroad. It then proposes a constitutional framework for analyzing laws that ban firearm possession by felons. [ABSTRACT FROM AUTHOR]
- Published
- 2018
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