United States First Circuit

District court's denial of defendant's motion to dismiss the indictment is affirmed, where: 1) the Lautenberg Amendment to the Gun Control Act of 1968 makes it unlawful for any person who has been convicted in any court of a misdemeanor crime of domestic violence, to possess in or affecting commerce, any firearm or ammunition; 2) the statute on its face, its legislative history and this court's precedent do not distinguish between "violent" or "non-violent" misdemeanor convictions when they involve the kind of conviction at issue here; 3) defendant's due process claims fail; and 4) defendant's 2nd Amendment challenge fails because a sufficient nexus exists here between the important government interest and the disqualification of domestic violence misdemeanants.

Appellate Information

• Decided 01/18/2013
• Published 01/18/2013

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel