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Notre Dame Law School

2018

Criminal Law

Binderup

Articles 1 - 1 of 1

Full-Text Articles in Law

18 U.S.C. § 922(G)(1) Under Attack: The Case For As-Applied Challenges To The Felon-In-Possession Ban, Kari Lorentson Mar 2018

18 U.S.C. § 922(G)(1) Under Attack: The Case For As-Applied Challenges To The Felon-In-Possession Ban, Kari Lorentson

Notre Dame Law Review

Part I of this Note outlines the relevant statutory scheme governing the felon-in-possession ban, along with its applicable exceptions. Part II surveys landmark Supreme Court precedent related to the Second Amendment— namely, District of Columbia v. Heller and McDonald v. City of Chicago. In Part III, this Note conducts an overview of the current circuit split percolating in the courts of appeals. Part IV presents a rationale and justification for permitting judicial review of as-applied challenges to § 922(g)(1). Finally, Part V provides a critique of the Binderup analysis and puts forth an alternative standard to analyze similar cases.