Thursday, July 26, 2012
GREGORY CHANDLER--FIREARMS LITIGATION
A convergence happened last week. I heard a news broadcast about the mass shootings in Aurora, Colorado while doing some legal research on the Second Amendment. While researching, I came across an intersting case.
In U. S. v. Huet, 2012 WL 19378 the Court held that an indictment for aiding and abetting the possession of a firearm by a convicted felon did not violate the Second Amendment right to bear firearms. The defendant was legally entitled to own the firearm at issue but she lived with a felon. The indictment did not allege that the defendant's possession of the firearm in her home violated the law. Additionally, the defendant's right to keep the firearm in her home did not give her the right to facilitate a felon's possession of the firearm.
The gist of the case is that one's legal conduct may still result in some other crime based on the circumstances.
GREGORY CHANDLER, Attorney at Law
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