10th Circuit rules defendant wrongly convicted for gun possession

10th Circuit rules defendant wrongly convicted for gun possession

The Denver-based federal appeals court ruled last week that a man sentenced to 48 months in prison for being a felon in possession of a firearm was not, in fact, prohibited from having a gun.

Newsletter: Another Domestic Violence Restraining Order Gun Ban Ruled Constitutional

This week, we saw the other category of domestic violence restraining orders that result in a gun ban upheld by a federal appeals court. Building on the Supreme Court’s work in US v. Rahimi, the Tenth Circuit affirmed that all domestic violence restraining orders can be justifiably employed by the government to strip somebody of their gun rights. It ruled there was effectively no difference in… Source

Criminal Practice - Second Amendment – Felon in Possession

The trial court did not err in rejecting Defendant’s as-applied challenge under Article I, Section 30 of the North Carolina Constitution. Thus, the trial court did not err in holding Section 14-415.1 does not violate the U.S. or North Carolina Constitutions, either facially or as applied to Defendant. There was no error at trial and