Background
Defendant Laura Gema Carroll appealed her conviction for possessing a firearm as a felon under Section nine hundred twenty-two subsection g one of Title eighteen of the United States Code. She had pleaded guilty but reserved her right to appeal a ruling on her Second Amendment challenge, arguing that the statute was unconstitutional as applied to her because her prior felonies were nonviolent. The district court had previously denied her motion to dismiss the indictment.
The court’s reasoning
The panel determined unanimously to decide the case on the briefs without oral argument. The court noted that the defendant conceded the argument she raised was bound by precedent. The court cited United States versus McCane and United States versus Bondi, stating that the Second Amendment does not prevent the application of the federal felon-in-possession statute to nonviolent offenders.
What it means going forward
The decision reinforces the Tenth Circuit’s position that nonviolent offenders remain subject to federal prohibitions on firearm possession under Section nine hundred twenty-two subsection g one.
Podcast (federal-narrative-summaries): Play in new window | Download