United States Fourth Circuit

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US v. Pruess, 11-5127

In challenge to the constitutionality of defendant's conviction for possession of ammunition as a convicted felon where defendant is a non-violent felon, judgment is affirmed where: 1) a presumptively lawful regulation does not violate the Second Amendment unless, as applied, it proscribes conduct falling within the category of law-abiding responsible citizens using arms in defense of hearth and home; 2) here, defendant cannot rebut the presumption of lawfulness of the felon-in-possession prohibition as applied to him; 3) application of the felon-in-possession prohibition to allegedly non-violent felons like defendant does not violate the Second Amendment; and 4) defendant's equal protection claims fails where there is a plainly rational relation between the felon-in-possession prohibition as applied to a collector of dangerous, often stolen weapons and explosives who has repeatedly and flagrantly ignored the laws of the United States, like defendant, and the legitimate government interest in public safety.

Appellate Information

  • Decided 12/31/2012
  • Published 12/31/2012

Judges

  • MOTZ

Court

  • United States Fourth Circuit

Counsel

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