Jennings

I. BACKGROUND

On or about April 9, 1985, Jennings was charged in San Bernardino County, California with assault by means likely to produce great bodily injury in violation of California Penal JENNINGS v. MUKASEY 16571 Code section 245(a). The information alleged that Jennings inflicted great bodily injury on his former wife. On October 17, 1985, as part of a plea agreement, Jennings pled nolo con- tendere to a misdemeanor violation of California Penal Code section 245(a), assault with force likely to produce great bod- ily injury.1 Jennings was sentenced to 90 days in jail and 24 months supervised probation.

In 1996, Congress amended the Gun Control Act (“GCA”), making it unlawful for any person convicted of an MCDV to “ship or transport in interstate or foreign commerce, or pos- sess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” 18 U.S.C. § 922(g)(9). The ATF is required to deny a federal firearm license to anyone subject to the prohibitions of 18 U.S.C. § 922(g)(9), or to any company controlled by such a person. 18 U.S.C. §…