Thursday, March 4, 2010
Court upholds 922(g) against constitutional challenge
In United States v. Rozier, the Court rejected a challenge that 18 U.S.C. §922(g) unconstitutionally infringed on Rozier's Second Amendment right to keep and bear arms. Analyzing Heller, the Court noted that the conduct fell within the longstanding prohibitions of possession of firearms by felons, and as a felon, Rozier fell within a prohibited class. The fact that he may have possessed a firearm in his home for self-defense was irrelevant. The Court also upheld Heller's ACCA sentence, reminding the reader that Almendarez-Torres remained good law.