People v. Deroche
299 Mich. App. 301
| Mich. Ct. App. | 2013Background
- Two officers investigated a verbal altercation; defendant was reportedly intoxicated and at large in woods.
- Two hours later, officers learned from Hamlin that defendant was inside a home with a gun; Hamlin did not see the gun.
- The mother-in-law claimed she possessed and hid the gun in the house, with the clip nearby.
- Officers found the gun in the laundry room; defendant was upstairs and eventually arrested for possession while intoxicated.
- District court suppressed the charge, ruling lack of actual possession and considering Second Amendment concerns; circuit court affirmed dismissal on Fourth Amendment grounds; court later addressed only Second Amendment issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCL 750.237 as applied to defendant violates the Second Amendment | People argues statute is a presumptively lawful regulation under applicable standards | Defendant contends statute infringes the home-right under the Second Amendment as applied | Unconstitutional as applied to defendant |
Key Cases Cited
- Dist. of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (establishes core Second Amendment protection of home defense with weapons)
- Heller footnote on presumptively lawful regulations, — (—) (acknowledges examples of permissible regulations; not exhaustive)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (applies Second Amendment to states via Fourteenth Amendment)
- United States v. Marzzarella, 614 F.3d 85 (3d Cir. 2010) (establishes two-step approach and intermediate scrutiny framework)
- Greeno v. Peters, 679 F.3d 510 (6th Cir. 2012) (applies Greeno test to second-prong scrutiny)