July 6, 2026·4:24-CR-00276-SEH-1·Panel Decision·Joel M. Carson III·By James Taylor
The Tenth Circuit affirmed the conviction of a felon for possessing a firearm. The court held that existing precedent forecloses the defendant's constitutional challenge to the federal statute.
A grand jury indicted the defendant for possession of a firearm in violation of federal law prohibiting felons from owning guns. The defendant moved to dismiss the indictment based on the Supreme Court’s decision in Bruen. The district court denied the motion, and the defendant pled guilty while preserving his right to appeal the denial.
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 the federal felon-in-possession statute unconstitutional. The court found that Supreme Court and Tenth Circuit precedent foreclosed the defendant’s as-applied challenge.
What it means going forward
The ruling reinforces the constitutionality of federal felon-in-possession laws within the Tenth Circuit and confirms that challenges based on recent Supreme Court jurisprudence are foreclosed by existing circuit precedent.
