· 1/11/2013
Jefferson Schrader v. Eric Holder, Jr.
Citations
- 403 U.S. App. D.C. 284
- 704 F.3d 980
- 2013 WL 135246
- 2013 U.S. App. LEXIS 730
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “other courts of appeal have uniformly rejected the argument that the actual sentence imposed is controlling for purposes of triggering the federal firearms ban”
- observing that veteran convicted 40 years previously who received no jail time and had no later encounters with law enforcement might be able to succeed with as-applied challenge
- observing that veteran convicted 40 years previously who received no jail time and had no later encounters with law enforcement might be able to succeed with as-applied challenge
- noting that “the commonsense meaning of the term ‘punishable’” in a federal firearms ban “refers to any punishment capable of being imposed, not necessarily a punishment specified by statute”
- noting that the federal firearms ban “remain[s] vulnerable” to an as-applied, second amendment challenge brought by a misdemeanant who has become a “ ‘law-abiding, responsible citizen[ ]’ ” (quoting District of Columbia v. Heller, 554 U.S. 570, 635 (2008)
- indicating willingness to consider an as-applied Second Amendment challenge to § 922(g)(1) but concluding it had not been raised properly
Source: CourtListener parenthetical corpus (CC0).
Judges: Tatel, Williams, Randolph
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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