Exercising independent review, the federal district court found Ellman's claim to be meritorious. This is an effectively unmeetable standard. Vigilante Justice is No Justice Law abiding gun owners like Ellman have much to fear by the withdrawal of habeas protection. Increasingly, state officials like the ones seeking to dictate Ellman's fate will be charged with policing weapons violations, and the politically sensitive state judiciary will effectively hold the sole keys to the prison cell. While one may well believe states' rights should be strengthened vis a vis the federal government, the primacy of individual rights over the rights of any government entity is the most fundamental premise of our constitutional Republic.
Vigilante justice is no justice.
It is far better that the writ of habeas corpus be misused on occasion by incarcerated felons than that the laws be misused by a government of unchecked power against a people who do not have the essential protections accorded by our Constitution and inherent in the concept of freedom.