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Reason
Reason
Politics
Eugene Volokh

THE TRUTH ABOUT: Four eighth circuit judges argue that felons don t categorically lose second amendment rights | History Defined

The opinion is today's dissent from denial of rehearing en banc in U.S. v. Jackson (8th Cir.), written by Judge David Stras, joined by Judges Ralph Erickson, Steven Grasz, and Jonathan Kobes:

By cutting off as-applied challenges to the federal felon-in-possession statute, Jackson and Cunningham [two recent Eighth Circuit panel opinions] give "second-class" treatment to the Second Amendment. Even worse, they create a group of second-class citizens: felons who, for the rest of their lives, cannot touch a firearm, no matter the crime they committed or how long ago it happened. I dissent from the decision to deny rehearing en banc.

There's a lot of historical analysis in the opinion, but here's a short excerpt:

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