Fourth Circuit considers Second Amendment argument from man arrested near CIA headquarters

A man arrested outside the CIA headquarters in 2025 argues the federal government violated his Second Amendment rights.RICHMOND, Va. (CN) — An attorney told Fourth Circuit panel Wednesday the federal government violated the Second Amendment rights of their client, who was arrested and indicted after firing several gunshots outside of the CIA’s headquarters last year.The federal appellate court panel heard oral arguments Wednesday for Robert Scofield’s attempt to dismiss an indictment stemming from a March 2025 gun-related charge in Fairfax County. Scofield is asking the appeals court to send the case back to a federal district court.Scofield was charged with transporting a firearm and ammunition in “interstate commerce while knowingly under federal indictment,” according to the federal district court’s ruling.Prior to traveling to Virginia, Scofield had been indicted in Oregon in February 2025 on a charge of being a felon in possession of a firearm. Shortly after the Oregon indictment, Scofield shipped a disassembled gun from Washington state to a Washington D.C. hostel, where he received and reassembled the gun, prosecutors say.After buying ammunition in Maryland, prosecutors say Scofield went to the CIA headquarters, where he fired four rounds onto the agency’s grounds. An hours-long standoff with police ensued before Scofield eventually surrendered.Sam Mancina, an assistant federal public defender, said the law used to indict Scofield in Virginia shouldn’t apply to his situation.“My client’s indictment is still a non-violent offense. It’s just a mere possession offense,” Mancina told the judges Wednesday. “It’s under Oregon law, felony and possession, and that law applies to anyone who owns or possesses a firearm, including antique firearms.”U.S. Circuit Judge Jay Richardson, a Donald Trump appointee, raised questions about Scofield firing the gun.“Those are the allegations,” Mancina said. “But the offense that he was charged [with] is being in felony possession.”Scofield’s defense has repeatedly cited a Supreme Court involving Ali Danial Hemani, a Texas man who was indicted in 2022 on charges of breaking a federal law that keeps illegal drug users from possessing a gun.Although Hemani admitted to being a regular marijuana user, he fought the charges by invoking his Second Amendment rights. The Supreme Court ruled earlier this year that his prosecution was unconstitutional, and Justice Neil Gorsuch questioned whether marijuana use could be considered as dangerous as the use of other illegal drugs.Richardson, however, said the details provided in the Hemani case raises questions about whether that situation was similar to Scofield’s.“The court is not looking at a generic description. They’re actually saying he smokes marijuana. He smokes it a couple times a week,” the judge said. “They’re sort of looking at the specific conduct of Hemani, which seems to suggest we have to look at the specific conduct here. The specific conduct here is he’s in a parking lot and he’s firing his gun. It doesn’t hit anybody, thankfully, but that doesn’t feel like a sort of happy-go-lucky story."“When we start looking at his particular conduct, I don’t know, seems like you got a difficult story," the judge added.Assistant U.S. Attorney Reed Sawyers also questioned whether the Hemani case fully and correctly addressed the danger question.The panel was rounded out by U.S. Circuit judge Bruce King, a Bill Clinton appointee, and Senior U.S. Circuit Judge Henry Floyd, a Barack Obama appointee.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads