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THE "SCOURGE" OF ARMED CHECK FRAUD: A CONSTITUTIONAL FRAMEWORK FOR PROHIBITED POSSESSOR LAWS.

Authors :
Giancana, Jeffrey
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