Thursday, July 07, 2016

US v. Phillips, No. 14-10448 (7-6-16)(Bybee with Kozinski; Christen concurring). The defendant argues that under the 2nd Amendment, and with a fundamental right to bear arms, there should not be a complete bar to possess firearms for all felonies, especially for defendant's prior of misprison of a felony. His misprison, defendant argues, is a nonviolent and passive felony. The 9th rules against defendant, holding that "misprison" is not exactly passive (although nonviolent), and that it is deeply rooted in common law.  The 9th takes the opportunity to muse whether there should be a categorical bar to all felonies, but under Heller and 9th precedent, US v. Vongxay, 594 F.3d 1111 (9th Cir. 2010), this is foreclosed. Christen concurs, stating that under precedent, further discussion of the nature of felonies is not necessary.

Although a loss, kudos to AFPD Doug Beevers of Cal E (Sacramento) for raising the issue. This is something to press.

The decision is here:


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