Convictions under DC's ban can be challenged retroactively

[lockman]

D.C.‘s Highest Court Allows Second Amendment Challenges to Long-Ago Convictions for Violating D.C. Handgun Ban

Eugene Volokh • January 6, 2011 8:05 pm

 

Magnus v. U.S., decided today by the D.C. Court of Appeals — essentially the D.C. equivalent of a state supreme court — concludes that a defendant who pled guilty in 1996 to violating D.C. handgun ban can now have that plea set aside given D.C. v. Heller, assuming his conduct was indeed protected by the Second Amendment (and didn’t, for instance, involve the possession of a gun to facilitate an illegal drug transaction). “A conviction for conduct that is not criminal, but is instead constitutionally protected, is the ultimate miscarriage of justice,” and a defendant can therefore ask to have it set aside (via a petition for coram nobis relief) even many years later.

 

http://volokh.com/

[sirflyguy]

D.C.‘s Highest Court Allows Second Amendment Challenges to Long-Ago Convictions for Violating D.C. Handgun Ban

Eugene Volokh • January 6, 2011 8:05 pm

 

Magnus v. U.S., decided today by the D.C. Court of Appeals — essentially the D.C. equivalent of a state supreme court — concludes that a defendant who pled guilty in 1996 to violating D.C. handgun ban can now have that plea set aside given D.C. v. Heller, assuming his conduct was indeed protected by the Second Amendment (and didn’t, for instance, involve the possession of a gun to facilitate an illegal drug transaction). “A conviction for conduct that is not criminal, but is instead constitutionally protected, is the ultimate miscarriage of justice,” and a defendant can therefore ask to have it set aside (via a petition for coram nobis relief) even many years later.

 

http://volokh.com/

This is good news. It is a sad thing that that which was and is plainly allowed in the Constitution became felonious conduct.

[Sigma]

this is the type of rulings that we need to make politicians, district atty, and judges think before they act

[mstrat]

this is the type of rulings that we need to make politicians, district atty, and judges think before they act

 

Unfortunately, the only thing that they hear is dollars and cents.

 

It might be a good thing if we see some successful suits against the feds by people who rotted away in prison for what should have been lawful actions.