United States v. Brad Wayne Young

We consider the conditions under which federal criminal law prohibits an individual from possessing a firearm if he is the subject of a state domestic violence restraining order.

I

City of Union Gap, Washington, police arrested Brad Young, the defendant-appellee, on December 29, 2004, based on his violation of a Washington state Domestic Violence No Contact (“DVNC”) order. Police searched Young and located a .22 caliber pistol in his pocket. After having been read his Miranda rights, Young admitted that the gun was his.

It is a federal offense for those against whom a domestic violence restraining order has been issued “after a hearing of which such person received actual notice, and at which such person had an opportunity to participate,” to possess a firearm. 18 U.S.C. § 922 (g)(8)(A). Young was indicted by an Eastern District of Washington federal grand jury two weeks after his Union Gap arrest and was later tried for possessing a firearm in violation of § 922(g)(8).

A

Because § 922(g)(8) only applies to certain restraining orders and significant interplay between state and federal court proceedings is involved, we review the facts relating to the issuance in state court…