the 1968 omnibus crime control bill was perhaps the greatest affront to the 2nd Amendment that American legal history has ever known. In that bill, congress cut a wide swath of people not being worthy of enjoying the constitutional right to keep and bear arms. Among those unworthy individuals are convicted felons, unlawful users of controlled substances, persons subject to restraining orders, and others. The 1996 Lautenberg added further injury to that insult, it made persons convicted of crimes of domestic violence ineligible to possess firearms.
Thankfully, the legal landscape began to change dramatically in 2008. That was when in Heller vs. District of Colombia the supreme court ruled that the government cannot ban people from possessing firearms outright. Several cases since have made clear that the modern supreme court actually gives a damn about the 2nd amendment.
Several cases over the past decade have re-emphasized that the modern court will protect the 2nd Amendment rights of Citizens. There has never been a more exciting time to litigate the 2nd amendment.
If you have been charged with a gun crime you’ve never had so many defenses as you do now against this government overreach. While there is still not an extensive body of law defining the parameters in the 2nd Amendment it is clear today that those parameters are much broader than they once were. Federal courts are frequently telling the federal and state governments that they must respect the 2nd Amendment.
Until Very Recently your own realistic defense in a gun case was grounded in your 4th Amendment right against search and seizure. For the first time in our lifetimes, we now have defenses based upon the 2nd amendment that has a realistic chance of working. Chad Moody went to law school because he was frustrated that state and federal courts were wholly ignoring the 2nd Amendment. The fact that you can now litigate your 2nd Amendment case makes it more likely that you will not have to litigate your 2nd Amendment case unless you want to. There is an old saying that God made men and Sam Colt made men equal. If you would like to discuss how to fight for your right to protect yourself, your family, and equality call Chad Moody.
Old West Adage