9 Circuit Decision Sets the Analytical Framework for Second Amendment Challenges

9 Circuit Decision Sets the Analytical Framework for Second Amendment Challenges CalGunLaws.com San Diego, CA --(Ammoland.com)- On November 18th 2013, the Ninth Circuit Court of Appeal ruled on a case that seems to finally answer the question that so many other cases have been raising: what standard of review should apply when considering Second Amendment cases? In United States v. Chovan, the defendant sought to overturn a criminal conviction under the federal law barring those convicted of misdemeanor domestic violence from possessing firearms. The criminal defendant argued that by permanently depriving him of the right to bear arms based on a misdemeanor conviction (rather than a felony), the law unconstitutionally infringes on the Second Amendment. The Court upheld the defendant’s conviction, finding there was no Second Amendment violation. The decision on the specific law challenged in the Chovan case certainly affects many individuals who are in a similar situation, but the Ninth Circuit’s opinion also has broader implications for all Second Amendment challenges. At long last, the court has articulated a framework for analyzing Second Amendment challenges in general. When considering constitutional challenges, courts must often determine what “standard of review” to apply in evaluating whether the challenged law is constitutional. Not all laws warrant the same degree of scrutiny by courts.



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