These issues are discussed in the law review article Public Safety or Bills of Attainder?, which raises several questions that need to be addressed:

1. Is it constitutional to prosecute as a crime the possession of anything?
2. Is it constitutional to base a criminal prosecution on being a person for which there was only
     a. A judicial proceeding in the courts of a different sovereign that did not argue or decide to disable the right to keep and bear arms?
     b. An administrative determination on an issue not related to firearms?
3. Is it due process to disable the right to keep and bear arms when an order doing that is not contained in the final sentencing order, and the disablement was never argued in trial or sentencing?

Being “dangerous” is not a crime. The only lawful basis for disabling rights is conviction of a crime in a trial in which that disablement is argued and the need for it proved. Tacking it on as some afterthought is a violation of the Fifth Amendment Due Process Clause.

If someone violates a state order disabling the RKBA, then it is up to the court issuing the order to prosecute for contumacy, not the Union government.

Does anyone have contact information for Chester or his attorney?
-- Jon

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Constitution Society               http://constitution.org
2900 W Anderson Ln C-200-322              Austin, TX 78757
512/299-5001                   jon.rol...@constitution.org
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