Analysis of the character of the Second Amendment right has recently burgeoned. No reason is offered for imposing the heavier disability on the lighter offense. The government's brief argues that a special focus on domestic violence as compared to other misdemeanors is rational, and we agree. The defect is the neglect of more severe crimes of domestic violence, about which the government says nothing. A conceivable justification comes to mind.
Most states appear to bar convicted felons from possessing guns.
See, e.g., Cal. North Carolina Stat. Wis- consin Stat. The problem is that the states' laws are neither sufficiently consistent, nor sufficiently severe, to make this a rational approach. New Hampshire, for example, requires three felo- nies for the prohibition to attach.