United States v. Staten
2011 U.S. App. LEXIS 24079
| 4th Cir. | 2011Background
- Staten was convicted of three misdemeanor domestic violence offenses before April 7, 2009, and his wife reported a domestic disturbance with three firearms in the home.
- Staten was indicted for unlawful possession of three firearms by a person with a DV misdemeanor conviction, in violation of § 922(g)(9).
- Staten moved to dismiss the indictment as unconstitutional under the Second Amendment; district court denied the motion.
- Staten pled guilty conditionally to § 922(g)(9) with a stipulation of facts stating the DV convictions, lack of firearm restoration, and possession of ammunition.
- The district court sentenced Staten to nine-and-a-half months’ imprisonment and three years of supervised release; Staten appealed arguing the statute is unconstitutional as applied.
- The Fourth Circuit reviews Staten’s as-applied Second Amendment challenge de novo and follows the two-part Chester II framework: historical scope and intermediate scrutiny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review for as-applied challenge | Staten supports strict scrutiny | Government argues intermediate scrutiny | Intermediate scrutiny controls |
| Presumptive lawfulness under Heller | § 922(g)(9) is not presumptively lawful | § 922(g)(9) is presumptively lawful under Heller | Rejected; not presumptively lawful |
| Whether § 922(g)(9) survives intermediate scrutiny | Statute fails to fit government objective | Statute reasonably fits reducing domestic gun violence | § 922(g)(9) satisfies intermediate scrutiny; affirmed |
| Reasonable fit between § 922(g)(9) and reducing domestic violence | Record insufficient to show substantial relation | Empirical social-science evidence supports fit | Evidence demonstrates a reasonable fit; statute sustained |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (right to keep and bear arms is an individual right with limits)
- Chester v. United States, 628 F.3d 673 (4th Cir. 2010) (two-part Chester II framework for as-applied challenges; intermediate scrutiny adopted)
- United States v. Skoien, 614 F.3d 638 (7th Cir. 2010) (en banc; supports substantial relation between statute and governmental objective)
- Masciandaro v. Keefe, 638 F.3d 458 (4th Cir. 2011) (intermediate scrutiny requires reasonable fit, not perfection)
- Booker v. United States, 644 F.3d 12 (1st Cir. 2011) (recognizes substantial relation between disarming domestic violators and preventing gun violence)