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View Full Version : Win In Conley v. United States


sholling
09-27-2013, 6:36 AM
This looks like an interesting case. Not a pure 2A case but a case that impacts the 2nd Amendment.

http://www.dccourts.gov/internet/documents/11-CF-589.pdf
In 2009, the Council of the District of Columbia enacted a statute, D.C. Code 22-2511 (2012 Repl.), making it a felony offense for a person to be present in a motor vehicle if the person knows that the vehicle contains a firearm (“PMVCF”), even if the person has no connection to or control over the weapon and is not involved in any wrongdoing whatsoever. This is the first appeal of a PMVCF conviction to come before this court. Appellant Antwaun Conley, joined by the Public Defender Service as amicus curiae, contends that the law is unconstitutional and that the trial court plainly erred in allowing the jury to convict him of this crime.

Mulay El Raisuli
09-27-2013, 7:55 AM
This looks like an interesting case. Not a pure 2A case but a case that impacts the 2nd Amendment.

http://www.dccourts.gov/internet/documents/11-CF-589.pdf


Looks like Ezell is good for a lot of things.


The Raisuli

Kharn
09-27-2013, 6:00 PM
I think this was a better passage from the opinion:
The fundamental constitutional vice of 22 - 2511 is that it criminalizes entirely innocent behavior — merely remaining in the vicinity of a firearm in a vehicle, which the average citizen would not suppose to be wrongful (let alone felonious) — without requiring the government to prove that the defendant had notice of any legal duty to behave otherwise.This is a defect that we cannot cure by interpreting the statutory language. Accordingly, we are obliged to hold that 22 -2511 is unconstitutional on its face and that appellant‟s conviction for violating that statute must be reversed

This was from DC's equivalent of a supreme court, so SCOTUS will take notice of it. MD prohibits handguns in vehicles without a carry permit, when now every next door neighbor (IIRC) says that is not kosher.