United States Third Circuit
Binderup v. Attorney General US, 14-4549
In two as-applied Second Amendment challenges to 18 U.S.C. section 922(g)(1), which generally prohibits the possession of firearms by any person convicted in any court of a 'crime punishable by imprisonment for a term exceeding one year,' and which will determine how a criminal law offender may rebut the presumption that he lacks Second Amendment rights: 1) a majority of the Court concludes that US v. Marzzarella (3d Cir. 2010), whose two-step test is reaffirmed, drives the analysis; and 2) a separate majority holds that the two as-applied challenges succeed.
- Published 2016/09/07
- United States Third Circuit