Delroy Fischer v. United States Appellant’s Petition for Rehearing En Banc in the United States Court of Appeals for the Eighth Circuit

Michael Harless Firearms Law, U. S. Court of Appeals, Eighth Circuit

Today our firm filed appellant’s petition for rehearing en banc in the case of Delroy Fischer v. United States of America in the United States Court of Appeals for the Eighth Circuit.

Appellant, Delroy Fischer, was indicted under 18 U.S.C. § 922(g)(9)1 for possession of a firearm after having been convicted of a misdemeanor crime of domestic violence. Our petition argues that Fischer, and Amerson before it, were wrongly decided and the Fischer panel decision conflicts with two of the Eighth Circuit’s prior opinions and with the U.S. Supreme Court’s decision in United States v. Hayes. Read More

Gun Owners Foundation Amicus Brief in United States v. Stanko

Michael Harless Constitutional Law, U. S. Court of Appeals, Eighth Circuit

Mr. Rudolph Stanko was convicted of possession of a firearm and ammunition in violation of 18 U.S.C. Section 922(g)(1), which prohibits any person from possessing a firearm or ammunition if that person has been convicted of certain types of crimes punishable by imprisonment for a term exceeding one year.  According to the statutory definition, the predicate crime cannot be any federal or state offense “pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices.” Read More