First post-Heller gun-control case

[Rex B]

From the Volock Conspiraacy, a Libertarian legal blog.

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The First (?) Post-Heller Case Holding a Gun Control Law Unconstitutional:

http://volokh.com/archives/archive_2009 ... 1231712651" onclick="window.open(this.href);return false;

That's [1]U.S. v. Arzberger. The gun control law is the part of [2]18
U.S.C. ? 3142(c)(1)(B) that requires that when someone is charged with
possessing child pornography (among other crimes) and is freed on
bail, he be ordered not to possess any firearm. Here's the discussion
by Magistrate Judge James C. Francis IV of the Southern District of
New York:

A year ago, I might well have taken for granted the authority of
Congress to require that a person charged with a crime be
prohibited from possessing a firearm as a condition of pretrial
release.... [But, given D.C. v. Heller, t]o the extent ... that the
Second Amendment creates an individual right to possess a firearm
unrelated to any military purpose, it also establishes a
protectible liberty interest [for Due Process Clause purposes].
And, although the Supreme Court has indicated that this privilege
may be withdrawn from some groups of persons such as convicted
felons, there is no basis for categorically depriving persons who
are merely accused of certain crimes of the right to legal
possession of a firearm.