Background
Joseph Charles Riddle was indicted on counts of being a felon in possession of ammunition and a firearm. He moved to dismiss the indictment, arguing the statute violated the Second Amendment under Bruen and Rahimi. The district court denied the motion, and Riddle pleaded guilty while reserving his constitutional arguments for appeal. He was sentenced to eighteen months in prison followed by three years of supervised release.
The court’s reasoning
The panel determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. The court noted that United States v. McCane held that Section 922 Subsection g Paragraph 1 does not violate the Second Amendment. The court has since upheld McCane, even after Bruen and Rahimi, as seen in Vincent v. Bondi. The court explained that it does not matter whether the predicate felony was violent or nonviolent. The Supreme Court denied certiorari in Vincent on March 2, 2026. Therefore, because Vincent and McCane remain binding precedent, the court must affirm the district court’s judgment.
What it means going forward
The decision reaffirms that the Tenth Circuit is bound by its prior precedent upholding Section 922 Subsection g Paragraph 1 against Second Amendment challenges, regardless of whether the underlying felony was violent or nonviolent.
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