http://volokh.com/2010/12/27/second-ame ... nt-felons/Although I join the majority in full [in, among other things, rejecting the defendantâ€™s Second Amendment argument on the strength of Vongxay â€"EV], were I not bound by United States v. Vongxay, 594 F.3d 1111 (9th Cir.2010), I would examine whether, notwithstanding the Supreme Courtâ€™s dicta in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 2816â€"17 (2008), the government has a substantial interest in limiting a non-violent felonâ€™s constitutional right to bear arms. . . .
Indeed, other than felon disenfranchisement laws, which are grounded in Â§ 2 of the Fourteenth Amendment, see Richardson v. Ramirez, 418 U.S. 24, 54 (1974), I can think of no other constitutional disability that applies only to a â€œcertain category of persons ... [who] may be excluded from ever exercising the right.â€ Skoien, 614 F.3d at 650 (Sykes, J., dissenting).