Basic education, please

[GuyW]

Quote: Originally Posted by joeyriv
"It sure did, People Vs. Clark in 1996. Seriously too bad about your friend, just 4 years later he might have been okay."

He should talk to an attorney (unless I'm all wet, which may well be the case...).

As I understand it, when a court decides a case, if it doesn't say, the law used to be xx, but now we say it's yy", but rather says, "the law means zz", it means that the law ALWAYS had meant zz.

Attorneys here, please set me straight....as post-Heller, this could be a significant issue for lots of people who were convicted SOLELY on a gun rap that was based ultimately on the 9th Circuit's unConstitutional pronouncements about the 2nd Am.

[RomanDad]

Quote: Originally Posted by joeyriv
"It sure did, People Vs. Clark in 1996. Seriously too bad about your friend, just 4 years later he might have been okay."

He should talk to an attorney (unless I'm all wet, which may well be the case...).

As I understand it, when a court decides a case, if it doesn't say, the law used to be xx, but now we say it's yy", but rather says, "the law means zz", it means that the law ALWAYS had meant zz.

Attorneys here, please set me straight....as post-Heller, this could be a significant issue for lots of people who were convicted SOLELY on a gun rap that was based ultimately on the 9th Circuit's unConstitutional pronouncements about the 2nd Am.


Im not sure what the quote is referring to, but I THINK I know what the question is.

Lets take an easier issue- "People who have been convicted of violating the DC gun ban", which is the specific issue before the Court. Guessing right now what the decision will mean for specific laws in other states is impossible without reading the opinion... And even after we have it there may still be a question as to whether it applies or not to a particular case... Other courts may need to decide that.

Lets for brevity's sake just assume they rule the DC ban is unconstitutional.

Generally, the doors of the jail dont swing open on their own. Folks who have been convicted of the DC gun ban would have to file a motion to set aside their convictions/arrests based on the unconstitutionality of the law, and I suspect if Heller rules that way, one of the first things that will happen is the D.C. prosecutors office and courts will be flooded with just such requests.