9.08.2009

A Local Second Amendment Case Rises

It's time to refocus on U.S. v. Dorosan, a Second Amendment case from Gretna, Louisiana that arose just before the Heller decision last summer (the magistrate judge waited to incorporate the high court's ruling - here's his opinion).

The appeal from a later district court's ruling in the matter will be heard by the United States Court of Appeals for the Fifth Circuit here in New Orleans in October:

MONDAY, OCTOBER 5, 2009 - COURT CONVENES AT 9:00 A.M.

*No. 08-31197. United States of America vs. Clarence Paul Dorosan, Appellant.

I noted the case just after it came down at the magistrate level (having spoken to the magistrate's clerk), and I hope to attend oral arguments down at the John Minor Wisdom Federal Courthouse on Camp Street.

With the question of incorporation of the Second Amendment still up in the air post-Heller, I think the case is worth paying attention to at this stage of the game, especially to see how the Fifth Circuit treats the issue. I would hypothesize that the Fifth Circuit would find for incorporation of the right.

There's presently a circuit split as to whether the Second Amendment right to bear arms elucidated in Heller is to be applied against the states (meaning state governments, like the District of Columbia and federal government after Heller, can't deprive individuals of the right to bear arms).