Policy & Ethicssecond amendmentfirearms lawconstitutional law
Court Upholds Firearm Ban For Fugitives
5.3
Judge James Bredar of the U.S. District Court for Maryland, in U.S. v. LaSota decided today, denied a facial and as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(2), which prohibits fugitives from possessing firearms. The court held the statute survives Bruen step two, finding historical analogues for status-based disarmament and rejecting individualized dangerousness requirements.
Key Points
- 1Rejects facial and as-applied Second Amendment challenge to 18 U.S.C. §922(g)(2) in U.S. v. LaSota
- 2Affirms historical analogues permit status-based disarmament, satisfying Bruen step two under Fourth Circuit precedents
- 3Precludes individualized dangerousness inquiries for fugitives under §922(g)(2), limiting viable as-applied defenses in this circuit
Scoring Rationale
Authoritative district-court ruling clarifies statutory scope, but limited novelty and jurisdictional scope constrain broader national impact.
Sources
Public references used for this report.
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