Archive | 922(g)

Thursday, March 9th, 2017

The Dismantling of the Holder Memo Begins

It looks like the work of dismantling the progress made under the Holder memo has begun.

Attorney General Jeff Sessions has issued a memo directing US Attorneys to work with local law enforcement to identify the ‘criminals’ in their districts who are driving violent crime and prosecute them federally using all available tools. You can read the memo here. An additional memo on charging decisions in all criminal cases will follow.…


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Categories: 922(g), 924(c), Hobbs Act, RICO

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Tuesday, September 13th, 2016

Third Circuit Upheld Two As-Applied Challenges to 18. U.S.C. 922(g)(1)

Last week, the Third Circuit, sitting en banc, upheld two as-applied challenges to 18 U.S.C. 922(g)(1), holding that it was unconstitutional as applied to individuals who have not previously been convicted of a felony involving violence.  You can read the decision in Binderup v. Attorney General, 14-4550, 14-4549, here.

The Court itself described the opinion as “fractured,” and helpfully included a Section IV with instructions for applying the case to future as-applied challenges to 922(g)(1).  The Court explained that the steps to an as-applied challenge are governed by the Third Circuit decision in United States v. Marzarella, 614 F.3d 85 (3d Cir. 2010).  A person challenging the constitutionality of 18 U.S.C. 922(g)(1) must first demonstrate that the law burdens conduct protected by the Second Amendment.  To do so, the challenger must prove that he was not previously convicted of a serious crime.  Evidence ofthe challenger’s rehabilitation or likelihood of …

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Categories: 922(g)

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