Summary
This Second Circuit opinion addresses the constitutionality of 18 U.S.C. § 922(g)(9), which prohibits individuals convicted of misdemeanor crimes of domestic violence from possessing firearms, under the Second Amendment following recent Supreme Court precedent. The court holds that the statute aligns with historical traditions of firearm regulation and is therefore constitutional both facially and as applied. The court also dismisses the defendant’s sentencing challenges as moot due to his completed prison term and agrees with the government that its cross-appeal regarding sentencing guidelines is foreclosed by binding circuit authority.
Topics
Practice areas
Questions Presented
- Whether 18 U.S.C. §922(g)(9) violates the Second Amendment.
- Whether Simmons' sentencing challenges are moot.
- Whether Simmons' 2013 conviction for criminal possession of a controlled substance is a "controlled substance offense" under U.S.S.G. §2K2.1(a)(4)(A).
Holdings
- The court held that §922(g)(9) is constitutional, both facially and as applied to Simmons.
- The court held that Simmons' sentencing challenges are moot because he has completed his prison term and there is no realistic possibility of a reduced supervised‑release term on remand.
- The court held that the 2013 conviction is not a controlled‑substance offense under U.S.S.G. §2K2.1(a)(4)(A), following United States v. Minter.
Key quotations
“We conclude that § 922(g)(9) is constitutional, both facially and as applied to Simmons.”
“Because the record contains no indication that the district court would reduce Simmons’ term of supervision on remand, his sentencing challenges no longer present a live controversy.”
Factual background
After a 2012 domestic‑violence misdemeanor conviction, Simmons was arrested in 2020 with a .380 caliber Kel‑Tec pistol. He pleaded guilty to 18 U.S.C. §922(g)(9) and was sentenced to 48 months imprisonment and three years supervised release. He completed his prison term in February 2024 and remains on supervised release.
Procedural history
Simmons was convicted of a misdemeanor crime of domestic violence in 2012, later pleaded guilty to violating 18 U.S.C. §922(g)(9) for possessing a firearm, and was sentenced to 48 months imprisonment and three years supervised release. Both Simmons and the Government appealed the conviction and sentence; the Government also cross‑appealed the district court’s determination that a 2013 state drug conviction was not a controlled‑substance offense under the Sentencing Guidelines.