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Article • April 28, 2014 • from P&J April, 2014
U.S. v. Castleman, No. 12-1371 (U.S. Supreme Court) (572 U.S. 157; 134 S.Ct. 1405) (March 26, 2014) (Justice Sotomayor) by Federal law prohibits the possession of firearms by anyone convicted of “a misdemeanor crime of violence.” (18 U.S.C. § 922(g)(9).) The narrow issue addressed by the Court in this case …
Article • December 1, 2012
U.S. v. Chapman, No. 10-5071 (4th Cir.) (666 F.3d 220) (January 4, 2012) (Judge Clyde H. Hamilton) by In the 01/10/11 issue of P&J, we noted that, in U.S. v. Chester, 628 F.3d 673 (4th Cir. Dec. 30, 2010), the Fourth Circuit had discussed at length the constitutional validity of …
Article • January 10, 2011 • from P&J January, 2011
U.S. v. Chester, No. 09-4084 (4th Cir.) (628 F.3d 673) (December 30, 2010) (Judge William B. Jr. Traxler) by Here, after one of the most detailed analyses to date of the constitutional validity of 18 U.S.C. § 922(g)(9) in the aftermath of District of Columbia v. Heller, the Court remanded …
Article • July 26, 2010 • from P&J July, 2010
U.S. v. Skoien, No. 08-3770 (7th Cir.) (614 F.3d 638) (July 13, 2010) (Judge Frank H. Easterbrook) by Steven Skoien had two prior convictions for misdemeanor crimes of domestic violence. While he was on probation for the second of those convictions, he was found in possession of some guns. He …
Article • January 25, 2010 • from P&J January, 2010
U.S. v. White, No. 08-16010 (11th Cir.) (593 F.3d 1199) (January 11, 2010) (Judge Eugene E. Jr. Siler) by In this case, the Eleventh Circuit rejected a Second Amendment challenge to a Federal conviction for possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, …
Article • November 1, 2009 • from P&J November, 2009
U.S. v. Skoien, No. 08-3770 (7th Cir.) (587 F.3d 803) (November 18, 2009) (Judge Diane S. Sykes) by Here the Court upheld a Second Amendment challenge to a conviction for possession of a gun by a domestic violence misdemeanant under 18 U.S.C. § 922(g)(9) on the grounds that the Government …
Article • January 1, 2009 • from P&J January, 2009
U.S. v. Hayes, No. 07-608 (U.S. Supreme Court) (555 U.S. 415; 129 S.Ct. 1079) (February 24, 2009) (Justice Ginsburg) by In 1996, Congress amended the Federal Gun Control Act (“FGCA”) by enacting 18 U.S.C. § 922(g)(9), which expanded the list of persons prohibited from possessing firearms to include persons convicted …
Article • July 1, 2008 • from P&J July, 2008
U.S. v. Booker, No. CR-08-19-B-W (D.Me.) (557 F.Supp.2d 153) (August 11, 2008) (Judge John A. Jr. Woodcock) by In its recent historic decision in District of Columbia v. Heller, 128 S.Ct. 2783, 2797 (2008), the Supreme Court held for the first time that the Second Amendment guarantees “the individual right …