United States Ninth Circuit

Judgment in favor of the Attorney General of the United States in an action for declaratory relief brought by plaintiff, a former felon whose civil rights were automatically restored under Montana law, seeking approval of a proposed firearm purchase, is affirmed, where: 1) Montana's prohibition on plaintiff's obtaining a permit to carry a concealed weapon is a sufficient restriction of his firearm rights to trigger the "unless clause" of 18 U.S.C. section 921(a)(20); and 2) plaintiff is forbidden to receive or possess a firearm under federal law, and that ban does not violate his Second Amendment rights.

Appellate Information

• Decided 07/16/2014
• Published 07/16/2014

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel