Supreme Court allows stiff gun sentencing to continue
Second Amendment or no Second Amendment, count on the Supreme Court to continue permitting legislation allowing stiff mandatory minimum sentences for possessing guns in relation to enumerated felonies. Yesterday, the Court unanimously held that the highest gun mandatory minimum specified for a Defendant’s conduct in 18 U.S.C. §924(c) generally applies. Abbott v. U.S. , ___ U.S. ___ (Nov. 15, 2010).
Do not even expect the Supreme Court to consider such cases worthy of a Second Amendment discussion. Nowhere in Abbott (not that Abbott) is the Second Amendment even whispered.
Where I practice criminal defense, gun and drug possession are defined as knowledge, dominion and control. If one is in a room with drugs or weapons — even if hidden under a mattress — the person is still at risk of being prosecuted and convicted for such contraband. Caveat emptor about whom you hang out with.