…This case, United States v. Litsson Antonio Perez-Gallan, involves a Second Amendment challenge to 18 U.S.C. Section 922(g)(8)(C)(ii), a federal law prohibiting firearm possession by individuals subject to certain domestic violence protective orders.
In May of 2022, Mr. Perez-Gallan was arrested for a domestic violence misdemeanor in Kentucky, leading to a state court order prohibiting firearm possession. In June, he was stopped near a U.S. border checkpoint while driving a tractor-trailer, where agents discovered a firearm he kept for self-defense, resulting in arrest and federal charges under Section 922(g)(8).
The entire case revolves around the fact that “The record does not reflect that he received notice of the proceeding or its subject matter, including that his firearm rights could be affected,” according to the U.S. District Court decision in 2025 granting the order to dismiss. “The question then is not whether a hearing occurred but whether that hearing satisfied Section 922(g)(8)(A)’s requirements of actual notice and a meaningful opportunity to participate.” …