re: #89 Backwoods_Sleuth

The Feb. 2 ruling by U.S. District Judge Danny Reeves resulted in the dismissal of a charge against Sherman Combs of Cynthia for being a “prohibited person” in possession of a firearm - a .357 Magnum revolver - after a protective order was issued to his wife last June in Harrison County.

Reeve said the federal statute violates the Second Amendment, which says the “right of the people to keep and bear arms shall not be infringed.”

He also cited a U.S. Supreme Court decision issued last year in which the court said a gun control law can only stand if it “aligns with the nation’s historical tradition of firearm regulation.”

The government argued that gun rights traditionally have been extended only to “law-abiding citizens,” but Reeves rejected that argument.

For now, the decision is only binding in the Eastern District of Kentucky, where Reeves sits but can be cited anywhere. (In Western Kentucky, on Feb. 7 a Mayfield man was sentenced to one year in prison for violating the same statute.)

Combs’ lawyer, Thomas Lyons, said he and his client were pleased with the decision.

He acknowledged it could increase the risk of harm for domestic violence victims but said “protection of constitutional rights often has societal costs.”

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