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Guns

Third Circuit Holds Felon Defending Property Lacks Second Amendment

Late one night a Pittsburgh man—a felon on probation—and his girlfriend see shadowy figures breaking into her car behind their house. Girlfriend gets out her handgun she keeps in a safe, hands it to the man, and takes her three kids out of the house and to safety. Man then confronts the figures, who flee, but while fleeing he fires shots and hits one in the thigh. Man dutifully calls his probation officer and admits to this—for which he's charged with being a felon "in possession" and sentenced to 84 months imprisonment. Second Amendment violation?

Real-Time Crime Index Available Online

AH Datalytics has launched a “Real-Time” crime index, (RTCI), online. (access index). AH Datalytics launched the real-time crime index in an effort to “aid in the need for a faster understanding and visualization of national, state, and local crime trends.” AH Datalytics acknowledges certain crime data is under-reported to police and agencies can fail to provide complete or accurate information.

En Banc Third Circuit To Consider Whether Nonviolent Felons Lose Second Amendment Rights

Pennsylvania man convicted of making false statements to obtain food stamps challenged a federal law that prevented him from buying a hunting rifle, saying it violated his Second Amendment rights. Third Circuit panel: Based on history and tradition, we conclude that "the people" constitutionally entitled to bear arms are the "law-abiding, responsible citizens," so it excludes those who have demonstrated disregard for the rule of law through the commission of violent or non-violent felony and felony-equivalent offenses.

DC Circuit Vacates Conviction Based on Illegal Seizure

Group of folks were smoking pot outside a Washington, D.C. apartment building. Officer stops and sees one guy back away and raise his hands. Cop: "Just making sure there's no guns, that's it." Show me your waistband. Guy: "No. I'm cool" and shows waistband. Cop: Noticing some bulges, says "lift your shirt again" and nodded at another cop who just arrived to approach guy. Man: Runs away, throws gun in bushes, is arrest and charged with felon in possession. Guy: that was an illegal seizure! District court: No, it wasn't!

Fifth Circuit Vacates Conviction For People Who Possess Guns And Use Marijuana

Title 18 U.S.C. § 922(g)(3) bans gun possession by anyone "who is an unlawful user of or addicted to any controlled substance." Man is pulled over for driving without a license plate. Officers, one of whom is DEA, find guns and marihuana cigarette butts. He's sentenced to nearly four years in prison (and three years of supervised release) for being an "unlawful user" of a controlled substance while possessing a gun. Fifth Circuit: Conviction reversed. The gov't didn't show he was high at the time he was stopped.

Federal Court Egregious Delay Even Has Dead Guy's Criminal Case On The Docket

Given the stakes involved, a judge’s criminal docket should always be a top priority.

According to a team of investigative journalists and attorneys, a Cincinnati federal judge neglected criminal cases for so long that he has a dead person on his docket, and just now ruling on inmate COVID release petitions filed in 2020.