Second Amendment As Bar To Arming Enhancement
July 1st, 2014
The United States Supreme Court has held that the Second Amendment guarantees an individual’s right to bear arms. (District of Columbia v. Heller (2008) 554 U.S. 570.) Although the court articulated an exception for felons, the defense position is that this exception does not apply to armed enhancements. The Second Amendment’s protection of the right to bear arms should apply to preclude enhancements for merely being armed, as opposed to actually using a weapon in the commission of the offense.
Tags: CC 3115, CC 3117, CC 3130, CC 3132, Firearms