United States v. Jimenez, No. 17-287 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed defendant's conviction of possession of ammunition after having been dishonorably discharged from the military, in violation of 18 U.S.C. 922(g)(6). The court held that defendant's conviction under section 922(g)(6) did not violate the Second Amendment because, even assuming without deciding that plaintiff can claim any Second Amendment protections, those protections did not preclude his conviction. The court held that those who, like defendant, have been found guilty of felony‐equivalent conduct by a military tribunal are not
among those "law‐abiding and responsible" persons whose interests in possessing firearms are at the Amendment's core; although defendant's interests were outside the core protections of the Second Amendment, it was burdened substantially and intermediate scrutiny was applicable in his case; and section 922(g)(6) was substantially related to the government's interest of maintaining public safety. The court noted that there was no reason to think that defendant was more likely to handle a gun responsibly just because his conviction for dealing drugs and stolen military equipment (including firearms) occurred in a military tribunal rather than in state or federal court.