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Cato Podcast

SCOTUS Curbs the Armed Career Criminal Act

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 8 July 2015

⏱️ 8 minutes

🧾️ Download transcript

Summary

Asking federal judges to decide what past felonious "conduct" presents an immediate risk of harm to others is a bridge too far, according the U.S. Supreme Court. Mary Price of Families Against Mandatory Minimums comments.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Wednesday, July 8th, 2015.

0:07.0

I'm Caleb Brown.

0:08.4

Anton and Scalia's recent opinions scaling back the power of the Armed Career Criminal Act may impact hundreds or thousands

0:15.1

of federal inmates.

0:16.6

Mary Price is the General Counsel of Families Against Mandatory Minimums.

0:20.9

She explains the importance of the case of Johnson v. United States.

0:26.7

Under federal law, a person with a felony conviction, a prior felony conviction, is not permitted

0:32.1

to possess a firearm or ammunition.

0:35.2

If one is convicted of possessing a firearm or ammunition, they're subject to a statutory

0:41.8

maximum of 10 years in federal prison.

0:44.8

That 10-year statutory maximum is transformed into a 15-year mandatory minimum.

0:50.8

If the felon has three prior felonies, either serious drug offenses or violent felonies.

0:59.4

And the question that was presented to the court this time again on the fifth occasion is what is a

1:05.9

violent felony under federal law?

1:08.3

And that's a really it's such an interesting question it should be very clear

1:12.4

to people what people what constitutes a violent felony.

1:17.0

So what were the choices that judges have been asked to make when it comes to making this determination?

1:26.0

That's a great question.

1:28.0

The federal statute that we're talking about is called the Armed Career Criminal Act,

1:31.0

and it starts out actually really well in defining the answer to that question.

1:35.6

Here's what it says.

1:36.8

It says that a violent felony is one that has an, as an element, the use of physical force.

...

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