View Single Post
Old 09-08-2019, 05:44 PM
DrDeth is offline
Charter Member
Join Date: Mar 2001
Location: San Jose
Posts: 43,310
Originally Posted by Hamlet View Post
Again, as Stevens pointed out: "Since our decision in Miller, hundreds of judges have relied on the view of the Amendment we endorsed there;2 we ourselves affirmed it in 1980. See Lewis v. United States, 445 U. S. 55 , n. 8 (1980).3 " Simply saying it isn't precedent doesn't make it true.
I didnt say it wasnt precedent, read my post again.

And stevens was writing the dissenting, i.e. the losing opinion.

And here;s what the cite ruled:"
Held: Even though petitioner's extant prior state court felony conviction may be subject to collateral attack under Gideon v. Wainwright, 372 U. S. 335, it could properly be used as a predicate for his subsequent conviction for possession of a firearm in violation of 1202(a)(1) of Title VII of the Omnibus Crime Control and Safe Streets Act of 1968. Pp. 445 U. S. 60-68.

(a) The plain meaning of 1202(a)(1)'s sweeping language proscribing the possession of firearms by any person who "has been convicted by a court of the United States or of a State . . . of a felony," is that the fact of a felony conviction imposes firearm disability until the conviction is vacated or the felon is relieved of his disability by some affirmative action.

No one is arguing that Heller or Miller or any dec allows a felon to own a gun, in fact Heller specifically says otherwise.