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Friday, June 26, 2015

Supreme Court rules for gun rights advocates in modified shotgun case

In a victory for gun rights advocates, the Supreme Court ruled that possession of a modified shotgun is not considered a violent felony under federal law.

The court ruled 8-1 on Friday that an increased sentence for such a gun owner violates due process.

The plaintiff, Samuel Johnson, pleaded guilty to being a felon in possession of a firearm. The government sought a longer sentence under the Armed Career Criminal Act, which imposes an increased prison term for people with three prior convictions of a violent felony.

The federal government had argued that Johnson's prior conviction for possessing a short-barreled shotgun was a violent felony. The government won, and a 15-year sentence was imposed for Johnson.

The justices found that the law's residual clause was vague, especially surrounding whether the gun possession was a violent crime.

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