United States v. Anthony J. Paolello Anthony J. Paolello

How courts have described this case

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

• noting that “several courts have limited the breadth of the justification defense ... in the section 922 context in order to achieve the statute’s purposes,” and approving this “restrictive approach”
• recognizing a justification defense applies to violations of 18 U.S.C. § 922(g)(1) even though the statute does not explicitly provide it
• recognizing defense where, during bar altercation, defendant knocked gun from attacker’s hand to prevent him from shooting defendant’s stepson and then picked up gun from floor to prevent attacker from retrieving it
• explaining that if the defendant ran from the police, then he “had an opportunity to dispose of the gun . . . earlier than he did”
• holding justification defense available when defendant knocked a gun out of an attacker’s hand, ran away with the gun, and then dropped it when police ordered him to stop
• recognizing defense where, during bar altercation, defendant knocked gun from attacker's hand to prevent him from shooting third person and then picked up the gun from the floor to prevent attacker from retrieving it

Source: CourtListener parenthetical corpus (CC0).