Van der hule v. Holder

Plaintiff appealed the district court's holding that he was prohibited by federal law from possessing or receiving a firearm by virtue of his restriction on obtaining a Montana concealed weapon permit and that plaintiff, because of his prior felony conviction, had no federal constitutional right to possess a firearm. The court held that Montana's prohibition on plaintiff's obtaining a permit to carry a concealed weapon is a sufficient restriction of his firearm rights to trigger the "unless clause" of 18 U.S.C. 921(a)(20). Accordingly, plaintiff is forbidden to receive or possess a firearm under federal law and that ban does not violate his Second Amendment rights. Accordingly, the court affirmed the judgment of the district court. View "Van der hule v. Holder" on Justia Law