United States Fourth Circuit

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Hamilton v. Pallozzi, 16-1222

In an as-applied Second Amendment challenge to Maryland's firearms regulatory scheme, arguing that the scheme is unconstitutional as applied to plaintiff, a convicted felon in Virginia who has had his civil rights restored by the Governor of Virginia and his firearms rights restored by the Virginia courts, the district court's dismissal of his complaint for failure to state a claim is affirmed where: 1) a state law felon cannot pass the first step of the Chester inquiry when bringing an as-applied challenge to a law disarming felons, unless that person has received a pardon or the law forming the basis of conviction has been declared unconstitutional or otherwise unlawful; and 2) evidence of rehabilitation, the likelihood of recidivism, and the passage of time may not be considered at the first step of the Chester inquiry, and as a result, plaintiff fails at step one of the Chester analysis.

Appellate Information

  • Decided
  • Published 2017/02/16




  • United States Fourth Circuit


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