In US v. Scroggins, No. 08-10966, a defendant appealed his conviction for possession of a firearm by a convicted felon claiming “that the government obtained evidence necessary to his conviction in violation of the Fourth Amendment and that his conviction is unconstitutional in light of the Second Amendment.”

Furthermore, the Second Amendment argument fell short as “…those arguments are foreclosed by our circuit’s existing precedent. Prior to Heller, this circuit had already recognized an individual right to bear arms, and had determined that criminal prohibitions on felons (violent or nonviolent) possessing firearms did not violate that right….Dicta in Heller states that the opinion should not “be taken to cast doubt on long-standing prohibitions on possession of firearms by felons,” 128 S. Ct. at 2816-17, and we have reaffirmed our prior jurisprudence on this point since Heller was decided.”

  • Full Text of US v. Scroggins, No. 08-10966

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