Background
A grand jury indicted Kyle Thomas Smith for possession of a firearm in violation of 18 U.S.C. Section nine hundred twenty-two G one. Smith moved to dismiss the indictment under the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen. The district court denied the motion. Smith pled guilty but preserved his right to appeal the denial of his motion to dismiss. The district court sentenced him to thirty months of imprisonment and three years of supervised release.
The court’s reasoning
The court noted that prior decisions in Vincent v. Garland and Rocky Mountain Gun Owners v. Polis established that the Second Amendment does not render Section nine hundred twenty-two G one unconstitutional. The court found that Supreme Court and Tenth Circuit precedent foreclosed the defendant’s as-applied challenge. The court concluded that the defendant’s 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 challenges based on recent Supreme Court Second Amendment jurisprudence.