United States Seventh Circuit

Defendant's conviction for possessing a firearm after having been convicted of a misdemeanor crime of domestic violence in violation of 18 U.S.C. section 922(g)(9) is vacated and remanded where: 1) intermediate scrutiny applies to defendant's Second Amendment challenge to the section 922(g)(9) prosecution; and 2) the government has done almost nothing to discharge the burden of establishing a reasonable fit between the statute's means and its end.

Appellate Information

• Argued 04/06/2009
• Decided 11/18/2009
• Published 11/18/2009

Judges

• SYKES, Circuit Judge., Before BAUER, SYKES, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Timothy M. O'Shea (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Michael W. Lieberman (argued), Assistant Federal Public Defender, Federal Defender Services, Madison, WI, for Defendant-Appellant.