Federal law prohibits nine categories of persons from receipt and possession of a firearm. As the Supreme Court continues to develop its Second Amendment jurisprudence, which ones of those types are most significant in regard to representativeness and numerosity?
Felons in possession of firearms have been the leading type of prosecution under the federal Gun Control Act since its enactment in 1968. There were 7,454 such convictions in 2021.
The ban on felon possession is found in 18 U.S.C. § 922(g), which also includes eight other categories of prohibited persons – all of which pale into insignificance compared to the felon ban. One of the more minor categories is a person subject to a domestic restraining order. While the feds aren’t too good at posting current data, in the years 2013 to 2017, there were 26,717 such convictions based on felon status, and only 121 for restraining order status. The proportions can’t be much different today.
Given that disparity, why is Attorney General Merrick Garland so keen in having the Supreme Court decide whether the restraining order folks, instead of the felons, are protected by the Second Amendment? The felon issue is ubiquitous, and not just because of the sheer numbers. It involves not only the violent felony vs. non-violent felony issue, but also whether any limits exist in this day-and-age in which almost anything can be a felony. Why has Martha Stewart forfeited her right to have a gun for self-defense?
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