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· 9/15/1930

Breslin v. National Surety Co.

Citations

  • 114 F.2d 65
  • 1930 U.S. App. LEXIS 2242

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that 18 U.S.C.A. § 922(g)(9) preempts state law on issue of whether a person convicted of a \misdemeanor crime of domestic violence\ may possess a weapon
  • offering an informed discussion not only of the standing issue but also of some of the amendment's possible applications
  • relying on New York in determining that a private litigant had standing to assert a Tenth Amendment claim
  • dealing with 922(g)(9) prohibiting those convicted of misdemeanor crimes of domestic violence from possessing firearms
  • collecting cases holding that Second Amendment protects collective, rather than individual, right to bear arms
  • Section 922(g)(9) passes the rational-basis test

Source: CourtListener parenthetical corpus (CC0).

Judges: Buffington, Davis, Johnson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.