Background
Demetrius White was convicted of felony domestic violence in 2014 and 2016 for punching his girlfriend. He also has three misdemeanor domestic violence convictions and one misdemeanor conviction for aggravated assault. In March 2024, White posted a video on Facebook showing two firearms in his waistband. Law enforcement later searched his residence with his consent and found a handgun matching the video. A federal grand jury indicted him for being a felon in possession of a firearm under 18 U.S.C. Section 922(g)(1). White moved to dismiss the indictment, arguing the statute violated the Second Amendment as applied to him. The district court denied the motion.
The court’s reasoning
The Second Amendment provides a presumptive right to bear arms, but that right is not absolute. Congress may disarm people it believes are dangerous so long as members of that class have an opportunity to show they are not. Under the framework from United States v. Williams, a defendant challenging Section 922(g)(1) as applied must demonstrate that he is not dangerous. White argued the district court should have made individualized factual determinations regarding his dangerousness, but the burden is on White to prove he is not dangerous, not on the court. The court noted that White has two felony domestic violence convictions, three misdemeanor domestic violence convictions, and a misdemeanor conviction for aggravated assault. Applying the reasoning from United States v. Gailes, which classified a defendant with three misdemeanor domestic violence convictions as a serial perpetrator, the court found White had not met his burden to show he does not present a danger to society or specific individuals.
But it is White’s burden to prove that he is not dangerous, not the court’s job to prove that he is.
United States v. Williams, 113 F.4th 637, 662 (6th Cir. 2024)
What it means going forward
The decision reinforces that individuals with significant domestic violence convictions bear the burden of proving they are not dangerous to challenge felon-in-possession statutes under the Second Amendment.
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