California Court Upholds Ban by Violent Misdemeanants

The rationale sounds pretty weak to me:

While broad restrictions might be judged under a stricter standard, Margulies wrote, Heller makes clear that courts will continue to apply rational-basis review to laws barring possession by “disqualified” persons, including misdemeanants and those on pretrial release.

What if the misdemeanor was non-violent? Does rational-basis apply to prohibitions on people convicted of say, reckless driving? Speeding? Spitting on the sidewalk? This seems to be a very broad reading of Heller, which only mentioned felons.

7 thoughts on “California Court Upholds Ban by Violent Misdemeanants”

  1. He’s got the appeal basis laid out from two directions. I particularly like using Equal Protection arguments since they take the hot button of “2nd Amendment” off the table and force the inclusion of data from neighboring, less-restrictive jurisdictions.

  2. He does, but right or wrong he does not present as a sympathetic plaintiff-petitioner before the court. Does that mean he should not have his rights exonerated? No. But his appeal does run the risk of creating bad precedent. It’s a lose-lose situation either way – either he gives up an appeal or he sets a bad precedent, assuming he loses again.

    I think this question will ultimately be before SCOTUS in the next 5 years, perhaps sooner. There are other efforts ongoing in California to challenge the 10 year misdemeanor ban, with proper screening of plaintiffs. Either way, I hope this gets resolved to our benefit.

  3. Rational basis legislation is the death knell for any individual right. The basis does not have to be factual, just stated as a reason for the infringement of a right.

  4. I don’t particularly care for the police-power-favoring rational basis test, but to say it’s the death knell of anything is a bit premature.

    At least I think the plaintiffs in Cleburne v. Cleburne Living Center, Plyler v. Doe and Romer v. Evans might disagree. ;-)

  5. “There is science, logic, reason; there is thought verified by experience.
    And then there is California.”
    -Edward Abbey

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