I am recalling the case of Steven Paul Gomez. He was being held in a California jail, on State charges, when he was notified that he had been acquitted of the charges that brought him there. He was already on parole from previous felony convictions. He told his fellow inmates of his good fortune, and one of them, Imran Mir, who was being held on charges of participating in an international drug conspiracy, asked him if he would do a job for him upon his release. Mr. Mir would give to Mr. Gomez $10,000, or half a kilo of heroine, per witness, upon learning of the death of the witness at the hands of Mr. Gomez.

Mr. Gomez "played along" with the scheme, reporting to a custom agent of the US government. He worked with the government for about three months, after being promised protection, helping to establish evidence against Mr. Mir, who had forwarded $1000 to Mr. Gomez in down payment for the work. When the government obtained sufficient evidence against Mr. Mir, Mr. Gomez was paid $2500, and told that his work with them was completed. The government, then, filed an indictment against Mr. Mir, charging him with "five counts of solicitation to commit murder." Failing to protect Mr. Gomez, he was named in the indictment as a witness to the solicitation.

Soon after the filing of the indictment, and Mr. Gomez' release from custody, he received threats upon his life. He went for help to the government, the Sacramento County Sheriff, churches, his parole agent, and even told his story to the newspaper. Nobody would help him. He "then started running for his life. He would stay at a friend's house for a while, getting rides from people he trusted. At other times, he lived on the streets, sleeping in parks during the day, walking around at night and riding buses for hours." Mr. Gomez, fearing for the safety of himself, and his family, obtained a 12 gauge shotgun, which had been stored at a friends house.

Government, realizing that the services of Mr. Gomez would be again needed, proceeded, with subpoena, to find Mr. Gomez. He was found with the shotgun and later arrested and charged with "two counts of being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1): one for the shotgun, the other for the shells in it." Mr. Gomez was found guilty in the federal district court. He appealed the decision.

Judge Kozinski, delivering the opinion of the 9th Circuit Court of Appeals, begins his opinion with the statement: "This case gives fresh meaning to the phrase, "I'm from the government and I'm here to help you."" He ordered: "We therefore vacate Gomez's conviction and remand with directions that the district court release him immediately". The basis for the opinion of the court relied upon previous cases, and law review articles, noting: "We do not believe that Congress intended to make exfelons helpless targets for assassins."; also: "The Second Amendment embodies the right to defend oneself and one's home against physical attack."; and: "Second Amendment guarantees right to means of self-defense". It was noted that in modern society, there is a tendency to give up the right of armed self defense to organized police protection; but that such a move is dubious when it is realized that "the organs of government charged with providing that protection are unwilling or unable to do so."