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THE "SCOURGE" OF ARMED CHECK FRAUD: A CONSTITUTIONAL FRAMEWORK FOR PROHIBITED POSSESSOR LAWS.
- Source :
-
University of Michigan Journal of Law Reform . 2018, Vol. 51 Issue 2, p409-435. 27p. - Publication Year :
- 2018
-
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]
Details
- Language :
- English
- ISSN :
- 00331546
- Volume :
- 51
- Issue :
- 2
- Database :
- Academic Search Index
- Journal :
- University of Michigan Journal of Law Reform
- Publication Type :
- Academic Journal
- Accession number :
- 128583765
- Full Text :
- https://doi.org/10.36646/mjlr.51.2.scourge