Frank Van Der Hule v. Eric Holder, Jr.

OPINION

BYBEE, Circuit Judge:

In this case we address two issues: (1) Whether Frank Van der hule, who is prohibited under Montana law from receiving a concealed weapons permit, is therefore prohibited under 18 U.S.C. § 922(g)(1) from possessing any firearms, see Caron v. United States, 524 U.S. 308, 118 S.Ct. 2007, 141 L.Ed.2d 303 (1998); and (2) assuming he is barred by federal law, whether such restriction violates Van der hule’s rights under the Second Amendment to the U.S. Constitution, see Dist. of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). We hold that Van…