Scholarly Repository @ Campbell University School of Law
Abstract
A discussion of how the Second Amendment, as interpreted by Heller, protects certain persons, including felons and formerly mentally ill persons seeking restoration of their right to arms and persons subjected to searches under the Fourth Amendment. Special attention will be given to felon dispossession cases such as Binderup v. Attorney General (Third Circuit) and Hamilton v. Pallozzi (Fourth Circuit), to the Sixth Circuit’s decision in Tyler v. Hillsdale County Sheriff’s Department on the restoration of firearm rights to the formerly mentally ill, and to the Fourth Circuit’s en banc decision in United States v. Robinson that held that even lawfully-armed persons are per se “dangerous” and can be subjected to a Terry frisk
