United States v. Chapman, No. 10-5071 (4th Cir. 2012)
Annotate this CaseDefendant appealed his conviction of one count of violating 18 U.S.C. 922(g)(8), which prohibited a person who was subject to a domestic violence protection order issued under certain specified circumstances from, inter alia, possessing a firearm or ammunition in or affecting interstate commerce. The court concluded that intermediate scrutiny was the appropriate standard of scrutiny for defendant and similarly situated persons. The court held that section 922(g)(8)(A)-(B) and (C)(ii), as applied to defendant, satisfied the intermediate scrutiny standard in analyzing his Second Amendment challenge to such a statute where the government had carried its burden of establishing a reasonable fit between the substantial government objective of reducing domestic gun violence and keeping firearms out of the hands of persons who were currently subject to court order. Therefore, the court affirmed the judgment of the district court.
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