IS SELF DEFENSE A DEFENSE?

Sometimes the law is fascinating. Browsing the Volokh Conspiracy I came across a strange one.

The Michigan Supreme Court was called upon to reverse a felons conviction for gun possession because he was in a self defense situation. The case is The People of Michigan vs Dupree.

Quoting the linked decision: “In this criminal case, we hold that the traditional common law affirmative defense of self-defense may be interposed to a charge of being a felon in possession of a firearm, MCL 750.224f. Defendant temporarily possessed a firearm in violation of the felon-in-possession statute but introduced evidence at trial supporting the theory that his violation was justified because he acted in self-defense.”

While the entire decision is quite interesting, it is beyond the scope of this blog. It is sufficient to note that actual self defense overrides the ban on gun possession by felons. In Michigan only, for the time being.

Stranger

About Stranger

Born early in FDR's first term to a former Buick worker and his Tsitsista wife. A long time wage slave, now a small businessman, with many and varied interests.
This entry was posted in CASE LAW. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>