Legal Opinion

Gurten v. Sessions

District Court, E.D. Pennsylvania

Decided January 3, 2018No. CIVIL ACTION NO. 17–1841PublishedCited by 5 opinions

1Opinion of the CourtKearney, District Judge

After evaluating credibility of conflicting trial testimony, we today address a citizen's Second Amendment right to possess a gun after he pleaded guilty to possessing an unlicensed handgun, possessing the same unlicensed handgun in public in Philadelphia, and simple assault in connection with a November 7, 2005 physical assault of his girlfriend concerning temporary custody of their two children. The evidence adduced during our non-jury trial confirms the citizen engaged in violence including at least hitting her during the assault. The legal issue is whether Congress' prohibition on…

2Cases cited13 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. United States v. MarzzarellaCourt of Appeals for the Third Circuit · 2010
  3. United States v. SkoienCourt of Appeals for the Seventh Circuit · 2010
  4. Daniel Binderup v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2016
  5. Commonwealth v. BavusaSupreme Court of Pennsylvania · 2003

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. BrooksDistrict Court, W.D. Pennsylvania · 2018
  2. Miller v. SessionsDistrict Court, E.D. Pennsylvania · 2019
  3. Williams v. BarrDistrict Court, E.D. Pennsylvania · 2019
  4. Folajtar v. BarrDistrict Court, E.D. Pennsylvania · 2019
  5. Suarez v. EvanchickDistrict Court, M.D. Pennsylvania · 2024

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