UNITED STATES SUPREME COURT DENIES YET ANOTHER PETITION SEEKING REVIEW OF SECOND AMENDMENT ISSUES

On February 21, 2012, the United States Supreme Court denied yet another petition for a writ of certiorari in a case seeking review of Second Amendment issues. The Court declined to take review of United States v. Booker , 644 F.3d 12 (1st Cir. 2011), cert. denied , No. 11-6765, 2012 WL 538441 (U.S. Feb. 21, 2012). Booker involved a challenge to federal law prohibiting gun possession by persons convicted of misdemeanor domestic violence.  In his petition, Mr. Booker’s lawyers sought review of the First Circuit Court of Appeal’s decision upholding his conviction under 18 U.S.C. § 922(g)(9) for possession of firearms when he had a prior misdemeanor conviction for domestic violence. The First Circuit upheld Booker’s conviction on the grounds that: 1) an offense with a mens rea of recklessness may qualify as a “misdemeanor crime of domestic violence” under section 922(g)(9); and 2) section 922(g)(9) was a permissible and reasonable regulation of firearm use that did not violate the Second Amendment.

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UNITED STATES SUPREME COURT DENIES YET ANOTHER PETITION SEEKING REVIEW OF SECOND AMENDMENT ISSUES

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