Circuit split · criminal law

Whether 18 U.S.C. § 922(g)(8) requires the government to prove the underlying restraining order was valid

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

United States v. Young458 F3D 998
Ninth Circuit Court of Appeals · August 17, 2006
“We note at the outset that there is a Circuit split as to whether § 922(g)(8) requires proof of a valid restraining order.” — Acknowledges a circuit split
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The provision at issue

“(a) It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign …”

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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

Declined to follow · 5th Cir.United States v. Hicks389 F.3d 514
Declined to follow · 5th Cir.United States v. Emerson270 F.3d 203
On the other side · 7th Cir.Wilson159 F.3d 289
“Young argues that the Sixth Circuit has also followed Wilson in United States v.” — United States v. Young, acknowledging the split
Discussed · 6th Cir.United States v. Calor340 F.3d 428
“Calor did not endorse the Seventh Circuit’s view that the defendant could challenge the constitutionality of the state court proceedings in federal court.” — United States v. Young, acknowledging the split

What the split turns on

Statutes:: 18 U.S.C. § 922(g)(8) ·; 21 U.S.C. § 851(c)(2)

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.