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U.S. v. KNIGHT

Criminal No. 07-127-P-H.

574 F.Supp.2d 224 (2008)

UNITED STATES of America v. Karl KNIGHT, Defendant.

United States District Court, D. Maine.

September 4, 2008.

Attorney(s) appearing for the Case

Darcie N. McElwee, Office of the U.S. Attorney, District of Maine, Portland, ME, for United States of America.

John Paul DeGrinney, DeGrinney Law Offices, Portland, ME, for Defendant.

DECISION AND ORDER ON DEFEDANT'S MOTION TO DISMISS INDICTMENT

D. BROCK HORNBY, District Judge.

The issue here is whether the recent Supreme Court decision in District of Columbia v. Heller, ___ U.S. ___, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), affects question 12.h on ATF Form 4473, the question that asks a firearms purchaser, "Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner...

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