Dorrance, III v. United States Attorney General
1:25-cv-00040
| D. Wyo. | Jul 22, 2025Background
- John T. Dorrance III, born in the U.S., renounced his U.S. citizenship in 1993 and is now an Irish citizen residing in the Bahamas but regularly visits the U.S.
- He owns property, maintains investments, makes charitable contributions, and holds hunting licenses in Wyoming and Texas.
- Federal law (18 U.S.C. § 922(g)(7)) prohibits those who have renounced U.S. citizenship from possessing firearms, regardless of lawful presence or other factors.
- Dorrance filed suit claiming this prohibition violated his rights under the Second Amendment and Equal Protection via the Fifth Amendment, also seeking relief under the Declaratory Judgment Act.
- The Department of Justice (Bondi) moved to dismiss under Rule 12(b)(6), arguing the claims were legally insufficient and that Dorrance effectively forfeited his Second Amendment rights by renouncing U.S. citizenship.
- The court granted the motion to dismiss, finding for the government.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second Amendment: firearm ban for renouncers | Statute is unconstitutional as applied; Second Amendment protects him | Ban is consistent with tradition; renouncers forfeit these rights | Ban is constitutional; aligns with historical firearm regulation and allegiance traditions |
| Fifth Amendment: Equal Protection | Statute treats him worse than similarly situated aliens (hunters) | Renouncers are distinct from aliens who never were citizens | Dorrance not similarly situated; no equal protection violation |
| Scope of "the people" under the Second Amendment | "The people" includes at least some noncitizens/former citizens | Second Amendment covers only citizens, not those who renounce | Assumed arguendo but not decided; still upholds constitutionality |
| Declaratory Judgment Act | Sought declaration the statute is unconstitutional | No cognizable claim; relief not warranted | Claim fails as underlying constitutional claims fail |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for pleadings under Rule 12(b)(6))
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (establishes plausibility standard for dismissal)
- District of Columbia v. Heller, 554 U.S. 570 (individual right to keep and bear arms under Second Amendment)
- New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1 (test for constitutionality of gun regulations under Second Amendment)
- United States v. Verdugo-Urquidez, 494 U.S. 259 (defines "the people" in the Bill of Rights)
- Ross v. Moffitt, 417 U.S. 600 (explains standard for "similarly situated" in equal protection)
- Nordlinger v. Hahn, 505 U.S. 1 (citation for equal protection; similarly situated individuals)