Background
A grand jury indicted Phillip Eugene Wallace, Jr. for possession of a firearm in violation of 18 United States Code Section 922 subsection g paragraph 1. The district court denied his motion to dismiss the indictment under the Supreme Court’s decision in New York State Rifle and Pistol Association, Inc. versus Bruen. Wallace pled guilty but preserved his right to appeal the denial of his motion. The district court sentenced him to thirty months of imprisonment and three years of supervised release.
The court’s reasoning
The Tenth Circuit noted that prior decisions in Vincent versus Garland and subsequent rulings clarified that the Second Amendment does not render Section 922 subsection g paragraph 1 unconstitutional. The court found that Supreme Court and Tenth Circuit precedent foreclosed the defendant’s as-applied challenge. The court concluded that the appeal lacked merit.
What it means going forward
The ruling reaffirms that felons remain prohibited from possessing firearms under federal law within the Tenth Circuit despite Second Amendment challenges.