Saturday, June 6, 2009

Second Amendment Not Enforceable Against the States and so Firearm Possession by Ineligible Statute is not Unconstitutional.

image State v. Turnbull, Minn.Ct.App., 6/2/2009.  Minnesota joins the legal battle that is shaping up after last term's District of Columbia v. Heller, 128 S.Ct. 2783 (2008), which held that the Second Amendment conferred an individual right to keep and bear arms.  The Court of Appeals joins the side that has declined to extend Heller to the states.

The Ninth Circuit has reached the opposite conclusion, Nordyke v. King, (07-15763), but this case is procedurally further behind than a couple of other cases.  The Eleventh Circuit agrees with Minnesota, United States v. Rozier, (11th Cir. 3/4/10), available here.

If you want to follow this litigation, a good place to start is here, and here

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