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Old 11-24-2009, 9:13 AM
Mulay El Raisuli's Avatar
Mulay El Raisuli Mulay El Raisuli is offline
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Originally Posted by 7x57 View Post
Isn't this essentially a question of level of scrutiny? Perhaps I don't know enough to guess, but it seems that the issue is whether the state can show that your conviction constitutes the kind of evidence of state interest sufficient for interfering with the right, and also the appropriate level of review. I'm guessing the level of review would be less than whatever it is for a law-abiding citizen, but anything above rational basis would eliminate the worst of these disarmament laws.

I'm basing that on a half-remembered case I saw on Volokh where a judge said that disarmament without review or appeal for someone merely charged with a crime unrelated to violence (possession of kiddie porn, I think) wasn't sufficient. It sounded like the judge was saying that under any reasonable post-Heller level of review, the law was too arbitrary and too unconnnected to the crime to pass.

This game of reverse-engineering the law without sufficient knowledge is kinda fun.


It wasn't just at Volokh. The matter was discussed here on CalGuns back in January:

I haven't heard of anything on it since then though.

The Raisuli
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