Friday, the Michigan Supreme Court handed down an interesting case — People v. Dupree on this. The case is not novel, and my sense is that the defense is generally recognized: Just as what would otherwise be the crime of murder, attempted murder, battery, and the like might be justified if done in defense against an imminent threat, so a felon’s taking possession of a gun is justified if done in defense against an imminent threat. (The defense does not apply to a felon’s arming himself against a possible threat of attack at some indefinite future time.) ...Read the court's opinion here.
Tuesday, August 3, 2010
[MI] State Supreme Court rules self-defense is defense against charge of felon-in-possession
From Prof. Eugene Volokh: