US v. Skoien, No. 08-3770

Conviction of defendant for possessing a firearm after having been convicted of a misdemeanor crime of domestic violence in violation of 18 U.S.C. section 922(g)(9) is vacated and remanded where: 1) on the facts of the case, the intermediate scrutiny applies; and 2) the government has done almost nothing to discharge the burden of establishing a reasonable fit between the statute's means and its end.   

Read US v. Skoien, No. 08-3770

Appellate Information

Appeal from the United States District Court for the Western District of Wisconsin

Decided November 18, 2009

Judges

Before:   Bauer, Sykes, and Tinder, Circuit Judges

Opinion by Sykes, Circuit Judge