United States v. Chester
847 F. Supp. 2d 902
S.D.W. Va2012Background
- Defendant Chester was convicted in state court of domestic battery and assault in 2005, based on a 2004 domestic incident with his daughter Meghan.
- In 2007, deputies found a loaded shotgun and a pistol at Chester’s home; he admitted ownership of both weapons.
- Chester was indicted under 18 U.S.C. § 922(g)(9) for possessing firearms after a misdemeanor domestic violence conviction and pleaded guilty while preserving a Second Amendment challenge on appeal.
- The Fourth Circuit previously directed the district court to develop an evidentiary record and apply a two-step framework under Heller for evaluating § 922(g)(9) challenges.
- Following an evidentiary hearing and supplemental briefing, the district court held § 922(g)(9) constitutional as applied to Chester, applying intermediate scrutiny with a “reasonable fit” standard.
- The court acknowledged the statute may be somewhat over-inclusive but found a reasonable fit between the regulation and the government objective of reducing domestic violence gun violence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 922(g)(9) burdens conduct within the Second Amendment | Chester challenged as applied rights; high risk of misapplication to misdemeanants | Statute targets dangerous domestic violence offenders and aligns with Heller | Yes, burden is within Second Amendment scope and subject to intermediate scrutiny |
| Whether the government demonstrated a reasonable fit between § 922(g)(9) and a substantial objective | Evidence insufficient to show a reasonable fit; over-inclusive or speculative | Empirical and historical data show gun involvement increases violence in domestic cases | Yes, there is a reasonable fit between the statute and reducing domestic gun violence |
| Whether § 922(g)(9) is constitutional as applied to Chester | As-applied challenge preserved; defendant should not be barred for life without individualized risk | Diminished protection appropriate for violent misdemeanants; home self-defense considerations | Constitutional as applied to Chester |
| Whether Chester may mount an overbreadth challenge | Rules allow overbreadth challenges beyond as-applied scope | Masciandaro forecloses broad overbreadth challenge in this context | Overbreadth challenge foreclosed; as-applied upholding affirmed |
Key Cases Cited
- United States v. Chester, 628 F.3d 673 (4th Cir.2010) (establishes two-step framework for Second Amendment challenges)
- United States v. Staten, 666 F.3d 154 (4th Cir.2011) (recognizes a reasonable-fit standard under intermediate scrutiny)
- United States v. Carter, 669 F.3d 411 (4th Cir.2012) (confirms Chester two-step approach; discusses fit and evidence requirements)
- United States v. Booker, 644 F.3d 12 (1st Cir.2011) (supports use of empirical evidence to show fit; discusses Lautenberg context)
- United States v. Skoien, 614 F.3d 638 (7th Cir.2010) (en banc; discusses limits and scope of § 922(g)(9) as a gun ban for violent domestic offenders)
- United States v. Mahin, 668 F.3d 119 (4th Cir.2012) (cites growing circuit consensus upholding § 922(g)(9) as applied)