I have to hand it to Alan Gura, this looks like a brilliant way to attack the issue of people who have been prohibited from exercising their Second Amendment rights due to a misdemeanor conviction. The courts will be looking at, and issuing opinions and dicta on the issue without the baggage of a domestic violence conviction hanging like a black cloud over the case. Gura is very good at picking clients, and this guy couldn’t honestly look any better and still make a case.
He got a misdemeanor simple assault as a serviceman in the US Navy while stationed in Annapolis as a young man. He went on to serve in Vietnam and was honorably discharged. He has not been in trouble with the law since. But since Maryland did not set a maximum sentence for the crime, it is disabling under federal law. I had no idea, to be honest, this circumstance even existed.
Good news. For every one of these good cases (that has a high probability of setting good case law), there are probably going to be 20 or 30 other bad cases …
But that’s the nature of the game.
Sebastian … I don’t think the first sentence communicates what you want it to.
Nit-pick alert:
Ummm, Alan Gura is attacking people?
Does that first line actually say what you meant it to say?
Hahaha… I forgot a few words in there it looks like. Fixed.
It’s a baby step, but a step in the right direction nonetheless.