On Nov 24, 2005, at 12:02 PM, Guy Smith wrote:
Have there been any recorded incidents of jurors using jury
nullification to
acquit someone on a gun law violation, based on the juror(s) belief
that the
law was unconstitutional?
You're asking for a tall order.
Since nullification offends many judges, and since jurors like Laura
Kriho have been persecuted on suspicion of exercising it, most
nullifying jurors choose not to make their choice public. Therefore,
"records" would be few and far between.
Also, it is logical to presume that the result of most nullification
exercises is a hung jury, not an outright acquittal.
The closest recorded incident I can recall to what you are asking for
would be the action of the original district judge in Miller v. US, who
twice "nullified" NFA 34 as being in conflict with the Second
Amendment.
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