The Third Circuit rejected the defendant’s claim that 18 U.S.C. ยง 922(g)(8) was an unconstitutional violation of his Second Amendment rights. The defendant was convicted of the charge because he was subject to a state-level protective order that required him to surrender his firearms. Following the standard set forth in United States v. Marzzarella, the Third Circuit held that the defendant’s as-applied challenge failed. The Third Circuit also found harmless error in several other claims, including the failure of the District Court to instruct the jury consistently with the mens rea requirements established in Rehaif v. United States.
