United States v. Jimenez

Summary

The Second Circuit upheld 18 U.S.C. § 922(g)(6), which prohibits firearm and ammunition possession by persons dishonorably discharged from the military, as applied to a defendant convicted of felony-equivalent conduct by court-martial. Assuming Second Amendment protection, the court held that such individuals are not "law-abiding and responsible" citizens at the Amendment's core, and the statute withstands intermediate scrutiny because it is substantially related to the important government interest in public safety. The court declined to address facial challenges or hypothetical applications, finding the statute constitutional as applied.

Holdings

1. The statute does not violate the Second Amendment. Jimenez is not among the 'law-abiding and responsible' citizens whose interests in possessing firearms are at the core of the Second Amendment, and the statute withstands intermediate scrutiny.

Questions Presented

1. Whether Jimenez's prosecution and conviction for possessing ammunition after being dishonorably discharged from the military violates the Second Amendment.

Disposition

affirmed