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United States Supreme Court Facts of the Case

Free Essay Sample «United States Supreme Court Facts of the Case»

1. The accused (Lewis) was a convicted felon 2. Lewis was not allowed own or have a gun 3. Lewis knowingly received and possessed a specified firearm 4. The firearm had allegedly been shipped in interstate commerce 5. Lewis was arrested, and later charged for violating 18 U.S.C. App. § 1202 when he received and possessed a gun illegally Statute: The U.S Congress had declared that any person who is or was a felon, mentally incompetent, veterans who had been discharged from service under a dishonorable state, former citizens who have relinquished their citizenship, and aliens who are in America illegally, and who possesses or receives or transports any firearm shall be imprisoned for less than two years, or fined less then $10,000, or both. Legal Issue: Does the congress have powers to proscribe the possession of a firearm by a person who has been convicted of felony, without the validation of his or her prior conviction. Procedure: In January 1977, Lewis was arrested in Virginia for being in possession of a gun illegally. Lewis waived a jury, and as a result was given a bench trial at the Court of Appeals.. Holding and Decision: The court reaffirmed the position that was crafted in U.S. Vs. Miller that it was not right for someone to bear or keep a gun that doesn’t have any relationship with the efficiency or preservation of a well regulated militia. In its ruling, the court held that then restrictions did not infringe on any constitutional protected rights. Rationale: going by the court’s decision, it is evident that the ruling was closely related o that of U.S. Vs. Miller. However, the ruling appears to culminate from a long train of bad precedents and poor arguments that led members of the court into confusion and tangles of sophistry that could have otherwise been avoided by referring to constitutional basics.

Free Essay Sample «United States Supreme Court Facts of the Case»

 

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