2nd Amendment Challenge to Felon in Possession of Gun Rejected

Aug. 23, 2023, 9:35 PM UTC

The federal statute criminalizing the possession of a firearm after a felony conviction doesn’t violate the Second Amendment, the Southern District of New York ruled.

Jonathan Davila, who was indicted on one count of possession of a firearm after a felony conviction, argued that the law is unconstitutional because there is no “tradition of distinctly similar founding-era regulations.”

The argument fails because a ruling of the US Court of Appeals for the Second Circuit that the law is constitutional is still good precedent, Judge Jed S. Rakoff for the US District Court for the Southern District of New York ruled ...

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