United States v. Chovan, No. 11-50107 (9th Cir. 2013)Annotate this Case
Defendant appealed the district court's denial of his motion to dismiss an indictment against him for violation of 18 U.S.C. 922(g)(9), which prohibits persons convicted of domestic violence misdemeanors from possessing firearms for life. Applying United States v. Brailey, the court concluded that defendant's domestic violence conviction did not divest him of "core" civil rights and he could not qualify for the civil rights restored exception to section 922(g)(9). The court rejected defendant's argument that the civil rights restored exception violated the Equal Protection Clause for the same reasons the court articulated in United States v. Hancock. Like the First, Fourth, and Seventh Circuits, the court applied intermediate scrutiny to section 922(g)(9) and held that it was constitutional on its face and as applied to defendant. Accordingly, the court affirmed the judgment of the district court.