Defendant Joseph Frederick Johnson was charged by a federal grand jury with two counts of being a felon in possession of a firearm and ammunition, violating 18 U.S.C. § 922(g)(1). The government alleged that Johnson's 2015 Colorado state conviction for marijuana cultivation served as the predicate felony. Johnson moved to dismiss the indictment, arguing that the statute violated the Second Amendment as applied to him because his prior conviction was not a violent felony and did not render him dangerous. The district court denied the motion. Johnson subsequently pleaded guilty to both counts but reserved his right to appeal the denial of the motion to dismiss. He was sentenced to 366 days in prison and appealed to the Tenth Circuit.
The Tenth Circuit panel affirmed the district court's decision based on the doctrine of stare decisis and the specific constraints placed on appellate panels. The court noted that its prior decision in Vincent v. Bondi, 127 F.4th 1263 (10th Cir. 2025), explicitly upheld the constitutionality of 18 U.S.C. § 922(g)(1) against Second Amendment objections for any individual convicted of a prior felony, including non-violent offenders. The court also cited United States v. Warner, 131 F.4th 1137 (10th Cir. 2025), confirming that Vincent governs challenges from non-violent felony offenders despite a shifting legal landscape. Crucially, the panel explained that it lacks the authority to overrule the judgment of a prior panel. As the court stated, one Tenth Circuit panel cannot overrule the judgment of a prior Tenth Circuit panel absent a Tenth Circuit en banc decision or a contrary Supreme Court ruling. Because Vincent v. Bondi remains controlling precedent, the panel was compelled to reject Johnson's constitutional argument and affirm the denial of his motion to dismiss.
The decision affirms Johnson's conviction and sentence, leaving the constitutionality of 18 U.S.C. § 922(g)(1) as applied to non-violent felons intact within the Tenth Circuit. The ruling does not resolve the underlying constitutional question but rather closes the door on it for this specific panel. The practical effect is that Johnson must serve his sentence, though the order notes he has preserved his right to seek en banc review from the full Tenth Circuit or petition the Supreme Court for a writ of certiorari. Until such higher review occurs, the precedent set in Vincent v. Bondi continues to control.
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