United States v. Bena, No. 10-2834 (8th Cir. 2011)Annotate this Case
Defendant pleaded guilty to unlawful possession of firearms while subject to a court order of protection, in violation of 18 U.S.C. 922(g)(8), after he allegedly assaulted his wife. On appeal, defendant argued that section 922(g)(8) violated the Second, Fifth, and Sixth Amendments. The court held that the Second Amendment did not include the type of regulatory measure here where section 922(g)(8) was focused on a threat presented by a specific category of presumptively dangerous individuals. The court also held that defendant's claims under the Fifth and Sixth Amendments were impermissible collateral attacks on the predicate no-contact order.
Court Description: Criminal case - Criminal law. 18 U.S.C. Sec. 928(g)(8), which criminalizes the possession of firearms while subject to a court order of protection, does not violate the Second, Fifth and Sixth Amendments.