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Key words Expired License.
A conviction under the old national park gun ban upheld by 4th Circuit Fourth Circuit Upholds Old National Park Gun Ban
The full opinion can be read here: U.S. v. Masciandaro, No. 09-4839 (4th Cir CA, March 24, 2011)The United States Court of Appeals for the 4th circuit has upheld a conviction of a person found in a National Park with a handgun. The person was sleeping in his car and had an expired Virgina concealed carry permit.
The court held that laws and regulations impacting on firearms ownership and possession should be reviewed under either a struct scrutiny standard or an “intermediate scrutiny” standard, depending on whether the incident under review involves the core fundamental right to posses a firearm for self-defense in the home, the less protected right to posses a firearm for self-defense out side the home.
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Key words Expired License.
???Originally Posted by Nightmare45
If his CC had not been expired, do you think the court would held that strict scrutiny standard applies, and that the regulation would fail that standard?
I don't get that impression from the opinion.
He wasn't prosecuted for an illegal weapon. He was only cited with a violation of the regulation prohibiting possession of a weapon in a national park.
The first paragraph states he was arrested before the law was changed but tried after. I'm not a lawyer but I would think the date of his arrest would be the problem.When he was arrested a CWP expired or not was worthless in a National Park. Right or wrong that was the law at that time.
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Correct, but he challenged the law as a violation of the 2nd amendment, both facially and as applied to himself.
The importance of the case is the court's "sliding standard of review." Instead of picking either strict scrutiny or intermediate scrutiny as the standard of review, the court adopted a situational standard of review, a lot like that suggested by Eugene Volokh, whose law review article on the subject the court cited several times.
Like I said "I'm not a lawyer".
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The Anti Sheepdog
If I understand correctly you are right. You are tried by the law as it exists at the time of your arrest
Flip 'em the bird and die like a VIKING
You are cordially invited to join us at gunrightsmedia.com where all the cool kids hang out http://www.gunrightsmedia.com/
Just like you can't be tried for an ex post facto law. But if you get lucky, you might get away with the after the fact law change.
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