United States v. Elkins

OPINION AND ORDER

JAMES P. JONES, District Judge.

In this criminal case, the defendant has moved to dismiss the Indictment on the grounds that the prosecution against him violates the Second Amendment. For the reasons that follow, I will deny the defendant’s motion.

I

The defendant, Jimmy Scott Elkins, is charged in a one-count Indictment with possessing firearms while subject to a domestic protective order, in violation of 18 U.S.C.A. § 922(g)(8) (West 2000). He has moved to dismiss the Indictment on constitutional grounds, arguing that criminal prosecution under the statute violates his Second…