United States Ninth Circuit

The district court's denial of defendant's motion to dismiss an indictment charging him with violating 18 U.S.C. 922(g)(9) which prohibits persons convicted of domestic violence misdemeanors from possessing firearms for life is affirmed, where: 1) defendant's 1996 misdemeanor domestic violence conviction did not divest him of civil rights because it did not divest him of the right to vote, the right to serve on a jury, or the right to hold public office, and he therefore cannot qualify for the "civil rights restored" exception to section 922(g)(9); 2) the civil rights restored exception does not violate the Equal Protection Clause; and 3) intermediate scrutiny applies to defendant's Second Amendment claim, and section 922(g)(9) is constitutional on its face and as applied to the defendant.

Appellate Information

• Decided 11/18/2013
• Published 11/18/2013

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel