On 09/21/2011 06:44 PM, Jamie Fraser-Paige wrote:
I believe that continuing
the long-standing prohibition against allowing convicted felons
and the mentally ill from possessing, purchasing and whatever of
firearms is prudent.
But unconstitutional by original understanding. See Public Safety or
Bills of Attainder? — University of West Los Angeles Law
Review, Vol. 34, 2002.
I don't think it violates
my understanding of the thinking of the founders nor that it is
constitutionally prohibited.
It is a bill of attainder to impose a penalty that is not part of a
judicial sentencing order upon conviction of a crime. It is not
enough that a statute may allow a certain penalty if that penalty is
not explicit in the order. Also, there is no authority in the
Commerce or Necessary and Proper clauses to do it as a regulation of
commerce. See Unnecessary
and Improper.
-- JOn
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