Fourth Circuit orders Second Amendment hearing to assess constitutionality of Â§ 922(g)(9)
US v. Chester
US v. Chester
Some analysis at The Volokh Conspiracy..The sole issue presented in this appeal is whether William Samuel Chesterâ€™s conviction for illegal possession of a firearm under 18 U.S.C. Â§ 922(g)(9) abridges his right to keep and bear arms under the Second Amendment in light of District of Columbia v. Heller, 128 S. Ct. 2783 (2008). We vacate the decision below and remand for further proceedings....
We cannot conclude on this record that the government has carried its burden of establishing a reasonable fit between the important object of reducing domestic gun violence and Â§ 922(g)(9)â€™s permanent disarmament of all domestic violence misdemeanants. The government has offered numerous plausible reasons why the disarmament of domestic violence misdemeanants is substantially related to an important government goal; however, it has not attempted to offer sufficient evidence to establish a substantial relationship between Â§ 922(g)(9) and an important governmental goal. Having established the appropriate standard of review, we think it best to remand this case to afford the government an opportunity to shoulder its burden and Chester an opportunity to respond. Both sides should have an opportunity to present their evidence and their arguments to the district court in the first instance.