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- Title
THE "SCOURGE" OF ARMED CHECK FRAUD: A CONSTITUTIONAL FRAMEWORK FOR PROHIBITED POSSESSOR LAWS.
- Authors
Giancana, Jeffrey
- Abstract
Prohibited possessor statutes have been a part of American law for decades. Put simply, these laws prohibit any person who has been convicted of a felony from possessing a firearm, a prohibition that lasts for the felon's entire life. The Supreme Court's modern Second Amendment jurisprudence has held that the right to possess a firearm is a fundamental individual right. In light of this new paradigm, the constitutionality of such broad prohibitions must be called into question--despite the eagerness of courts across the country to dismiss such challenges by pointing to a single line in Heller. This Note challenges the constitutionality of modern prohibited possessor laws and asserts that these laws are unconstitutionally overbroad. It then proposes a constitutional framework for analyzing laws that ban firearm possession by felons.
- Subjects
UNITED States; GUN laws; UNITED States. Constitution. 2nd Amendment; DISTRICT of Columbia v. Heller; MCDONALD v. City of Chicago; CIVIL rights; RACKETEERING
- Publication
University of Michigan Journal of Law Reform, 2018, Vol 51, Issue 2, p409
- ISSN
0033-1546
- Publication type
Article
- DOI
10.36646/mjlr.51.2.scourge