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Seems to me this one cuts both ways. If, owing to state sentencing guidelines, a person could not possibly have been sentenced to a year and day in prison for a crime, then that should be the bar. This is a case of the state sawing on the wrong side of the branch, it just took a while for them to hit the ground.

I'm all for applying Federal gun laws to felons stupid enough to be caught with a gun but, they really have to be felons, not just prosecutorial make-believe felons.
 
read closely and you will see why he was released.

Apparently a federal law changed which changed the punishment of his original crime whatever that may be. in other words his original crime was no longer considered a felony, so being a felon in possession was no longer applicable since he was no longer a felon.
 
read closely and you will see why he was released.

Apparently a federal law changed which changed the punishment of his original crime whatever that may be. in other words his original crime was no longer considered a felony, so being a felon in possession was no longer applicable since he was no longer a felon.
You are correct. The issue that I have is the fact that there is such a concern about legal gun ownership as of late. Even if the guys felony charge was overturned, he had shown a willingness to ignore laws regarding the possession of firearms by a felon before said charge was overturned.
This man has shown that as far as gun laws are concerned, the people who are negatively affected are law abiding firearms owners. Criminals don't follow them.
 
Not saying the guy is any paragon of virtue but, if he's not a felon, he shouldn't be treated like one.

Technicality is the key ingredient in the secret sauce of the legal system. This technicality is so egregious even the 9th circuit spotted it. I wouldn't count on them being as adroit when it suits us.
 
Florida Case -

  • Opa-Locka, Fla. 911 caller reports man trying to get through window of a neighbor's house. Officers respond, see man matching the caller's description, point guns at him, handcuff him, pat him down, reach into his pocket, and find a single bullet. Eleventh Circuit (2018): The police were allowed to pat the man down to find a weapon, but they crossed the constitutional line when they reached into his pocket to get the bullet. Eleventh Circuit (en banc, by a 7–5 vote): No, no. His conviction for being a felon in possession of ammunition (and pistols discovered nearby) is affirmed. Judge Jordan, dissenting: The majority fails to adequately grapple with the man's originalist arguments. (More on that from Josh Blackman.)
 

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