Credit: Nomad_Soul – stock.adobe.com. Tenth Circuit Confirms Constitutionality of Ban on Felons' Firearm Possession in Wake of 'Bruen'
After considering the Supreme Court's new test on the scope of the Second Amendment right to possess firearms, the Tenth Circuit reaffirmed its longstanding precedent upholding the constitutionality of a federal statutory ban on convicted felons' possession of firearms, even for nonviolent felons.
October 06, 2023 at 01:11 PM
5 minute read
After considering the U.S. Supreme Court's new test on the scope of the Second Amendment right to possess firearms, announced in N.Y. State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), the U.S. Court of Appeals for the Tenth Circuit reaffirmed its longstanding precedent upholding the constitutionality of a federal statutory ban on convicted felons' possession of firearms, even for nonviolent felons. Vincent v. Garland, 2023 U.S. App. LEXIS 24554, at *1-2 (10th Cir. Sep. 15, 2023).
A Nonviolent Convicted Felon Challenged the Ban
Melynda Vincent, who was convicted of a nonviolent felony (bank fraud), challenged the federal ban on possession of firearms by convicted felons established by the Gun Control Act of 1968, 18 U.S.C. § 922(g)(1), arguing that it violates the Second Amendment rights of nonviolent felons like herself.
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