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· 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 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.