Because of Heller Decision, D.C. Man Will Appeal 1996 Gun Conviction

[friendly_iconoclast]

http://www.washingtoncitypaper.com/blogs/citydesk/2011/01/07/because-of-heller-decision-d-c-man-will-appeal-1996-gun-conviction/

Because of Heller Decision, D.C. Man Will Appeal 1996 Gun Conviction

Advocates will be happy to know that despite the fact he's already served his time, Dave Magnus may just get off.

Back in December 1996, he ran afoul of the law when police discovered two guns in his Petworth home. But in 2008, things started to look different: the Supreme Court ruling on District of Columbia v. Heller found fault with the city's stringent ban on firearms, pointing out that the Second Amendment protected the "right of persons to keep and bear arms for lawful purposes." So now, Magnus' arrest might not count.

According to court papers, in March 1996, D.C. police executed a search warrant on 814 Decatur St. NW. Inside, they found some incriminating evidence: One pound of marijuana, $9,900 in cash, and two loaded handguns. They also found Magnus.

Magnus was renting a room in the home. At some point during the police search, he made a bold move, admitting the guns were his. Although he said at the time that the marijuana wasn't his, Magnus' typed and signed confession linked him to the drugs, albeit in an extremely fishy way. It also gave some background as to how and why he obtained his firearms.....

More discussion here:

Highest Court in D.C. Allows Second Amendment Challenges to Long-Ago Convictions for Violating D.C. Handgun Ban


http://volokh.com/2011/01/06/highest-court-in-d-c-allows-second-amendment-challenges-to-long-ago-convictions-for-violating-d-c-handgun-ban/

The actual decision here (in *.pdf format):

http://www.dcappeals.gov/dccourts/appeals/pdf/09-CO-1312+_MTD.PDF