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HARLEY v. WILKINSON

No. 19-1632.

988 F.3d 766 (2021)

Robert Timothy HARLEY, Plaintiff-Appellant, v. Robert M. WILKINSON, Acting Attorney General of the United States; Regina Lombardo, Acting Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 22, 2021.

Attorney(s) appearing for the Case

ARGUED: Marvin David Miller , LAW OFFICE OF MARVIN D. MILLER, Alexandria, Virginia, for Appellant. Thais-Lyn Trayer , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Joseph H. Hunt , Assistant Attorney General, Mark B. Stern , Patrick G. Nemeroff , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; G. Zachary Terwilliger , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees.

Affirmed by published opinion. Judge Keenan wrote the majority opinion, in which Judge Wynn joined. Judge Wynn wrote a concurring opinion. Judge Richardson wrote a dissenting opinion.

In 1993, Robert Harley (Harley) was convicted of misdemeanor assault and battery of a family member, in violation of Virginia Code § 18.2-57.2. As a result of this conviction, he is prohibited for life under 18 U.S.C. § 922(g)(9) from possessing a firearm unless he obtains a pardon or an expungement...

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