United States v. Boyd, No. 19-2989 (3d Cir. 2021)
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An Oklahoma court ordered Boyd to stay away from his ex-wife and his son, surrender his firearms, and undergo a mental health evaluation. After his arrest in Pennsylvania with a loaded handgun, Boyd was convicted of possessing a firearm while subject to a domestic violence protective order, 18 U.S.C. 922(g)(8).
The Third Circuit affirmed. After Boyd’s trial, the Supreme Court issued “Rehaif,” requiring that the government show both that a defendant was subject to a qualifying protective order at the time he possessed a gun and that he knew about the protective order. The district court had not instructed the jury on this knowledge element, but the error was harmless, given the overwhelming evidence of Boyd’s knowledge, including his own admissions in a letter to the court. The admission into evidence of statements that Boyd made about harming the Trump family did not contribute to the verdict, leaving any error harmless. Statements in the prosecution’s closing argument that accused the defense of “misleading” the jury, were also harmless given the context, jury instructions, and weight of the evidence.
Section 922(g)(8) does not violate the Second Amendment as applied to Boyd and others whose protective orders were issued without an explicit finding that they pose a credible threat to their intimate partners or their children. The application of section 922(g)(8) survives heightened scrutiny; the statute is substantially related to the goal of reducing domestic violence, an indisputably important state interest.
The court issued a subsequent related opinion or order on August 17, 2021.
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