The Knox Update
From the Firearms Coalition
An End to the Lautenberg Amendment?
By Jeff Knox
(Manassas, VA, January 7, 2009) The Federal Court of Appeals for the 7th Circuit recently declared that the infamous Lautenberg Amendment, barring possession of firearms from anyone ever convicted of a misdemeanor crime of domestic violence, is a violation of Second Amendment rights.
That’s good news, but don’t fire up the band just yet. The actual conclusion of the 7
th Circuit panel was not that
Lautenberg violates the Second Amendment, but that prosecutors had failed to effectively argue that it does not. Rather than declaring the law unconstitutional and throwing the case out, the court reversed the guilty verdict and sent the case back to the lower court to give federal prosecutors another chance to build a case. Included in the decision are rather detailed instructions explaining what arguments the prosecution needs to make if they wish to prevail. Like a child’s game, the court said, “You forgot to say ‘Mother may I’ so try it again.” If prosecutors carefully apply the lessons laid out in the 7
th Circuit’s order, the case should result in another conviction that would then be upheld on appeal, but even that isn’t assured because the court didn’t only provide instructions to the prosecution, they also dropped a hint or two for the defense.