United States v. Staten, No. 10-5318
Decided Dec. 5, 2011
Mark Staten challenged his conviction under section 922(g)(9) of the United States Code, which prohibits a person who has been convicted of a misdemeanor crime of domestic violence from possessing, shipping, or receiving a firearm in or affecting interstate commerce, as violating the Second Amendment as applied to him. The Fourth Circuit Court of Appeals affirmed the district court’s judgment, holding that the government carried its burden under the intermediate scrutiny standard required to uphold the statute. The objective of reducing gun domestic violence is reasonably related to the text of the statute. Therefore, section 922(g)(9) survives the intermediate scrutiny standard and the district court’s judgment was affirmed.
-Sara I. Salehi