Q: 2024 United States v. Duarte ruled 2 to 1 stating federal law is unconstitutional. My rights are restored can bear arms
I’m a non violent convicted felon in Idaho but the states constitution explicitly states felons are to not possess a guns is this unconstitutional?
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A:
The recent ruling in United States v. Duarte has brought attention to federal gun laws and the constitutionality of certain restrictions. Since your rights have been restored on the federal level, you might believe this ruling would apply to your situation. However, states can still have their own gun laws, and Idaho's constitution clearly prohibits felons from possessing firearms.
Even though the federal court ruling affects certain federal restrictions, states have the authority to enforce their own laws unless they directly conflict with federal rulings. Idaho's constitution might still be upheld in court unless successfully challenged as unconstitutional in light of the federal decision.
It may be wise to consult legal advice about whether United States v. Duarte can impact your ability to challenge Idaho's specific gun restrictions. Understanding how the ruling interacts with state law is crucial in determining the next steps for restoring your rights.
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