Frank Van Der Hule v. Eric Holder, Jr.

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 der hule is barred by federal law from possessing a firearm and that such ban does not violate his Second Amendment rights. We affirm the judgment of the district court.

I

In December 1983, Frank Van der hule pled guilty to sexual assault and four counts of sexual intercourse without consent in Montana. He was sentenced to 25 years’ imprisonment and completed his sentence in 1996. At the completion of his sentence, Montana law automatically restored to Van der hule his civil rights. See Mont. Const, art. II, § 28(2) (“Full rights are restored by termination of state supervision for any offense against the…