Case Information: Stimmel v. Sessions, No. 15-4196 (Sixth Circuit brief filed Mar. 31, 2017).
At Issue: This case involves an as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(9), the federal law prohibiting firearm possession by people convicted of domestic violence misdemeanors. The plaintiff filed a lawsuit arguing that because he has only one conviction for domestic abuse, and the conviction is a number of years old, it is unconstitutional to subject him to the § 922(g)(9) prohibition. The district court dismissed plaintiff’s constitutional challenge, and the case is now on appeal before the U.S. Court of Appeals for the Sixth Circuit.
The Law Center’s Brief: Our brief argues that the district court properly dismissed plaintiff’s constitutional challenge, because people convicted of domestic violence crimes are serious lawbreakers who fall outside the scope of the Second Amendment as historically understood. Further, we argue that even if § 922(g)(9) implicates the Second Amendment, the wealth of evidence demonstrating a clear link between domestic abuse and firearm violence justifies prohibiting domestic violence misdemeanants from possessing guns.