Topic
Every decision we've filed under Firearms.
The Ninth Circuit affirmed a felon-in-possession sentence, holding that the Sentencing Commission's commentary defining a large capacity magazine warrants judicial deference. The court ruled that the term is ambiguous and the Commission's interpretation of over fifteen rounds is reasonable.
The Ninth Circuit affirmed Gail Manney's conviction for making false statements on a federal firearm purchase form, ruling that the Second Amendment does not protect the act of lying to a dealer. The court further held that such misrepresentations are legally material regardless of whether the actual purchaser is legally eligible to own a gun.
The Ninth Circuit affirmed John Howald's convictions for a federal hate crime and firearm discharge, rejecting his constitutional challenges to the statute's Commerce Clause reach. The court further held that an attempt to kill under the Hate Crimes Prevention Act constitutes a crime of violence, satisfying the elements required for the firearm enhancement.