Heller Applied in State v. Skoien

In United States v. Steven Skoien, No. 08-3770 (Nov. 18, 2009 7th Cir. 2009) the US Court of Appeals for the 7th Circuit vacated the conviction of Steven Skoien for unlawfully possessing a firearm while under a disability in violation of the federal statute 18 U.S.C. § 922(g)(9).

Mr. Skoien had previously been convicted of misdemeanor domestic violence. He was caught hunting with his father's 12 gauge shotgun, after it was discovered that he had obtained a hunting license.

He appealed his conviction in the district court. In reversing and remanding the case, the Court of Appeals gave the government the opportunity for a hearing on a single issue:

The government has the burden of establishing a reasonable fit between its important interest in reducing domestic gun violence and the means chosen to advance that interest-- § 922(g)(9)’s total disarmament of domestic-violence misdemeanants.

If the government meets that burden, the conviction will be automatically reinstated.

NRA, are you listening? The government must prove that there is a reasonable basis for banning all gun possession for life when someone is convicted of misdemeanor domestic violence. Of any severity. This could be an important case for gun rights.