Legal Opinion

Miller v. Sessions

District Court, E.D. Pennsylvania

Decided February 4, 2019No. CIVIL ACTION NO. 17-2627PublishedCited by 2 opinions

1Opinion of the Court

EDUARDO C. ROBRENO, District Judge.

I. INTRODUCTION

This action is about one citizen's individual Second Amendment right to keep and bear arms. The citizen wishes to purchase and possess a firearm. The Government contends that under 18 U.S.C. § 922(g)(1), the citizen is permanently banned from possessing a firearm because of a 1998 misdemeanor conviction under the Pennsylvania Vehicle Code. The citizen challenges the federal statute as unconstitutional as applied to him. The citizen wins.

II. BACKGROUND

Plaintiff Daniel F. Miller is a citizen of the United States who wishes to "purchase, possess…

2Cases cited35 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Elrod v. BurnsSupreme Court of the United States · 1976
  4. Berger v. United StatesSupreme Court of the United States · 1935
  5. District of Columbia v. HellerSupreme Court of the United States · 2008

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3Cited by2 opinions

  1. Williams v. BarrDistrict Court, E.D. Pennsylvania · 2019
  2. Suarez v. EvanchickDistrict Court, M.D. Pennsylvania · 2024

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