National Barry Michaels U.S. Senate Nevada 2018 - Challenges Federal Gun Control Act

[Joe Link]

LAS VEGAS, NEVADA, UNITED STATES, August 9, 2017 /EINPresswire.com/ -- Barry Michaels is running for U.S. Senate in Nevada but is unable to possess a firearm in his home for self-defense because he's a felon and federal law prohibits all felons from possessing a firearm, even those with non-violent convictions.

Michaels decided to challenge this law in federal court and on July 27th his attorney Michael E. Zapin filed their Opening Brief with the 9th Circuit Court of Appeals. He alleges a provision of the Federal Gun Control Act as applied to him and millions of other similarly situated law-abiding citizens, violate their constitutional right under the Second Amendment, "the right of the people to keep and bear arms, shall not be infringed."

Michaels alleges that the statute's original purpose was to protect the public from violent offenders. He believes that the statute is too broad as written and should have been narrowly tailored to meet the government's compelling interest to keep guns out of the hands of those most likely to use it in the commission of a crime..

"There is no justification for applying the statute to non-violent felons that have been law-abiding for more than five years, since there is no data to suggest that they are any more dangerous or any more likely to commit a violent crime, or any crime for that matter, than any other law-abiding citizen, Michael argues. In fact, Michael's believes that non-violent felons that have "walked the straight and narrow" for at least five years, are probably less likely than an average citizen to commit a crime, as a result of lessons learned from having been incarcerated.

Since completing his sentence, Michaels returned to school and graduated from the University of Nevada, Las Vegas, with a Bachelor's degree in Political Science and a Master's in Public Administration. He has over fifty years of business experience and continues to be involved in several businesses including Avatar Airlines, an ultra low-fare national airline in the startup phase.

http://www.einnews.com/pr_news/3950...evada-2018-challenges-federal-gun-control-act

Read More

 

[WALawyer]

Not entirely accurate, felonies for "antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices" do not prohibit firearm possession. 18 USC 921(a)(20)(A).

 

[Slobray]

Good luck Barry, you're gonna need it.

Even if he gets a couple Constitutionalist Justices to rule in his favor, the partisan activists on the 9th Circus bench would never allow a pro-gun ruling to stand. Especially a ruling that might permit someone the privilege of gun ownership, let alone a convicted felon.


Ray