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What's going to happen to those convicted under DC gun ban now that the supreme court struck down the law?
Do they get their records expunged or will they get some kind of compensation for the extra time they spent in jail. I mean after all the state had no right to put these people in jail so what's going to happen to now?
But even if they were convicted of another crime and were also charged under this unconstitutional law and served even one day more than should have under the other crime they can make the argument that the state owes them. It’s not like the law was repealed the court basically said they can’t legally do that. So the people who were convicted under this law, even if there were other charges, were doing something legal and should have never been convicted or sent to jail or paid fines, court cost, lawyer fee etc.
7 Answers
- Anonymous1 decade agoFavorite Answer
Dunno, gonna have to see how it plays out. There have already been several lawsuits filed since the decision. Have to wait and see.
- GaspodeLv 71 decade ago
Well, DC isn't a state, though they wish they were.
If there are any in prison for violating the false law, their fate will depend on the opinions of judges, but mainly, unless they have the resources to keep lawyers in court (in opposition to lawyers on salary that are usually lacking useful work anyhow), they will simply be outlasted by the system.
Chances are that their sentences will have been served by the time they could get them reversed. Their best bet is to wait until they are out, then run for office.
- GreshnabLv 71 decade ago
i can't find any evidence that anyone was actually convicted under that law...
if someone had been. then yes the case would eventually be thrown out and record expunged but the person would have to go through major hoops to make it happen... i have seen some discussions where they are comparing this to a CHANGE in the law.. however that doesn't apply.. in this case the law itself was non-constitutional so any convictions under that law are null and void.
- jurydocLv 71 decade ago
The ONLY ones who will have any argument to make are those convicted solely of possession in the household, since that is what the ban covered. Doubt there are too many of those.
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- HugoLv 71 decade ago
jurydoc is correct.
Those people convicted solely of possession will have grounds to sue for relief. I don't know DC code, but their records won't necessairily be expunged but their convictions will be vacated. And no, they will not receive any compensation unless they can prove government misconduct led to their conviction.
- 1 decade ago
No, they will be charged for breaking the law as it was stated on the date of their conviction.
- 1 decade ago
no. they broke the law, while it was still illegal. just because it's legal now, doesn't change the fact that they broke the law.
there's a term for it in criminal law...i forgot though.
