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Tennessee appellate panel hears challenge to ban on gun possession by convicted drug felons
Summary
In oral arguments, defense counsel said Tennessee's law permanently disarming convicted drug felons violates the Second Amendment under Bruen and Heller; the state urged deference, citing historical traditions and statutory remedies including expungement and the Restoration of Rights Act.
A Tennessee appellate panel heard arguments over whether a statute that bars people convicted of drug felonies from possessing firearms violates the Second Amendment.
Defense counsel argued the statute cannot survive the test set by New York State Rifle & Pistol Association v. Bruen and said the court must ask whether the government can point to historical analogues permitting permanent disarmament of people like the defendant. “The law as it exists ... just says if you've ever been convicted of a drug felony, you're not allowed to keep or bear arms,” defense counsel said, urging the court to reverse and dismiss the indictment.
The defense emphasized three legal problems with Tennessee's…
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