A rare (and tentative) partial dissent from the nearly unanimous judicial view that the Second Amendment does not at all protect gun possession by felons, in U.S. v. Abner, 2009 WL 103172 (M.D. Ala. Jan. 14) (Myron H. Thompson, J.):
Upon consideration of the report and recommendation of the United States Magistrate Judge (doc. no. 31) and the objections filed by defendant Theophilus Quinton Abner (doc. no. 32), and after an independent and de novo review of the record, it is ORDERED as follows:
(1) Defendant Theophilus Quinton Abner’s objections (doc. no. 32) are overruled.
(2) The recommendation of the United States Magistrate Judge (doc. no. 31) is adopted as to its result.
* * *
The court adds the following comments:
Abner argues that 18 U.S.C.