US v. Chester, 09-4084

Conviction of defendant for illegal possession of a firearm vacated

US v. Chester, 09-4084, concerned a challenge to a conviction of defendant for illegal possession of a firearm under 18 U.S.C. section 922(g)(9).  In vacating the conviction, the court remanded the case in concluding that, in light of District of Columbia v. Heller, 128 S. Ct. 2783 (2008), it cannot be concluded on the record that the government has carried its burden of establishing a reasonable fit between the important object of reducing domestic gun violence and section 922(g)(9)'s permanent disarmament of all domestic violence misdemeanants.

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• Read the Fourth Circuit's Full Decision in US v. Chester, 09-4084