One (of many?) post-Heller motion to dismiss felon in possession federal indictment

A friend of the blog sent me a copy of a notable motion to dismiss a federal criminal indictment for felon in possession based on Heller. The motion is pretty straight-forward (and can be downloaded below), and the heart of the claim is simply stated in the motion:

Heller is the foundation for Barton’s request to dismiss the indictment because, as it is applied, Section 922(g) is unconstitutional.

What led to Barton’s indictment was the search of his home.  The search was conducted after the obtainment of a search warrant. Found inside and taken from Barton’s home were seven (7) pistols, three (3) shotguns, five (5) rifles and 44 pieces of a particular type of ammunition.

It is Barton’s position that he has the Second Amendment right to possess those items in his home and any prosecution based upon those items would violate his constitutional rights under the Second Amendment.

Download barton_motion_to_dismiss.pdf

Details about the defendant’s criminal history or what prompter the search of his home do not appear in the motion.  Still, whatever the defendant’s personal particulars, this kind of motion should present some conceptual challenge for anyone who takes seriously all of the Heller majority’s assertions about “the inherent right of self-defense [being] central to the Second Amendment right” and the right’s unique importance in “the home, where the need for defense of self, family, and property is most acute.” 

I wonder if any of the many amici support Mr. Heller in the Supreme Court will likewise show an interest in supporting Mr. Barton in federal district court.  (As supporters of ACLU are often heard to say, it is easy to support the rights of people you like, but it takes a serious commitment to rights to support the rights of people you may not like.)