Jefferson Schrader v. Eric Holder, Jr.
403 U.S. App. D.C. 284
| D.C. Cir. | 2013Background
- Schrader, a 64-year-old veteran, was convicted in Maryland in 1968 of common-law misdemeanor assault and battery, with no jail time imposed.
- He is barred for life from firearm possession under 18 U.S.C. § 922(g)(1) due to a prior conviction.
- § 921(a)(20)(B) exempts state misdemeanors punishable by two years or less, while the statute’s punishment is for those “punishable by imprisonment for a term exceeding one year.”
- The district court dismissed for failure to state a claim; plaintiffs argued § 922(g)(1) does not apply to uncodified common-law misdemeanors and that applying it to Schrader violates the Second Amendment.
- Congress lacked funds to operate § 925(c) relief, making relief under that provision inoperative; plaintiffs sought removal of Schrader’s record and invalidation of § 922(g)(1) as applied to common-law misdemeanants.
- The court of appeals affirmed, upholding the district court’s dismissal and rejecting both statutory and constitutional challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §922(g)(1) applies to common-law misdemeanants as a class | Schrader argues common-law offenses lack statutory punishment criteria and thus fall outside §922(g)(1) | §922(g)(1) covers crimes punishable by more than one year, including uncodified common-law offenses | Yes, §922(g)(1) applies to common-law misdemeanants as a class |
| Whether §921(a)(20)(B)’s misdemeanor exception excludes common-law misdemeanors | Uncodified common-law offenses are not punishable by any fixed statutory maximum and thus should fit the misdemeanor exception | Common-law misdemeanors are punishable by more than two years and fall outside the exception | Common-law offenses are punishable and not barred by the misdemeanor exception |
| Whether applying §922(g)(1) to common-law misdemeanants passes Second Amendment intermediate scrutiny | Disarming a class of non-law-abiding individuals violates the Second Amendment | Disarming common-law misdemeanants serves an important governmental objective and fits intermediate scrutiny | Passes intermediate scrutiny; statute constitutional as applied to the class |
| Whether the district court's and government’s proceedings on Schrader individually are properly before the court | As-applied challenge to Schrader was raised; relief sought is broader | Plaintiffs framed issues as a class challenge; no properly raised as-applied challenge | Court declines to decide Schrader specifically; affirms dismissal for the class-claims; leaves as-applied questions for another case |
Key Cases Cited
- United States v. Coleman, 158 F.3d 199 (4th Cir. 1998) (defines ‘punishable’ by maximum potential punishment, including common law)
- United States v. Horodner, 993 F.2d 191 (9th Cir. 1993) (discusses punishment under §922(g)(1) for common-law offenses)
- Logan v. United States, 552 U.S. 23 (U.S. 2007) (summarizes §925(c) relief and funding limitations)
- United States v. Bean, 537 U.S. 71 (U.S. 2002) (limits on congressional funding for §925(c) relief)
- Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (recognizes right to keep and bear arms is not unlimited; presumes lawful restrictions)