Stimmel v. Sessions

Stimmel tried to purchase a firearm at a Walmart store in 2002. The store rejected Stimmel’s offer because a mandatory national background check revealed that he had been convicted of misdemeanor domestic violence in 1997. Stimmel has not been convicted of another crime. Federal law prohibits domestic violence misdemeanants from possessing firearms, 18 U.S.C. 922(g)(9). He unsuccessfully appealed to the Federal Bureau of Investigation and challenged the law in district court. The Sixth Circuit affirmed the dismissal of his complaint. The law survives intermediate scrutiny and does not unconstitutionally burden Stimmel’s Second Amendment rights. The court noted “the growing consensus of our sister circuits that have unanimously upheld the constitutionality of the domestic violence misdemeanant restriction to firearms possession.” The record contains sufficient evidence to reasonably conclude that disarming domestic violence misdemeanants is substantially related to the government’s compelling interest of preventing gun violence and, particularly, domestic gun violence. View "Stimmel v. Sessions" on Justia Law