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But it is not constitutional to legislatively disable the RKBA
for persons convicted of a violent felony, which is what 18 USC 922
does. The disablement needs to be explicit in the sentencing order, as
part of the penalty, and the need for it separately proved to the
jury, beyond a reasonable doubt, apart from the main offense. It is
also unconstitutional for the national congress to legislate criminal
prosecution of a person whose RKBA has been disabled by a state court
order (just as it would be for a disablement by the court of a foreign
country). The violation would be contumacy -- violation of the state
court order, if the violation occurs in that state. See my law review
article Public
Safety or Bills of Attainder? Joseph E. Olson wrote:
-- Jon ------------------------------------------------------------------- Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757 512/299-5001 www.constitution.org [email protected] ------------------------------------------------------------------- |
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