United States v. Bogle
717 F.3d 281
| 2d Cir. | 2013Background
- United States charged Bogle with possessing a firearm and body armor as a felon.
- Bogle challenges 18 U.S.C. § 922(g)(1) as unconstitutional under the Second Amendment.
- District court convicted Bogle; the defense appeals, arguing Second Amendment violation.
- Court acknowledges this is a precedential issue not yet decided by the Second Circuit.
- Court reiterates Heller and McDonald noting felon prohibitions are longstanding and constitutionally permissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 922(g)(1) violate the Second Amendment? | Bogle contends felon disarmament violates the Amendment. | Government argues longstanding felon prohibitions are constitutional. | No, § 922(g)(1) constitutional. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (recognizes longstanding firearm prohibitions for felons)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (confirms incorporation of the Second Amendment)
- United States v. Moore, 666 F.3d 313 (4th Cir. 2012) (circuit upholds § 922(g)(1) against challenge)
- United States v. Barton, 633 F.3d 168 (3d Cir. 2011) (circuit upholds felon firearm restriction)
- United States v. Joos, 638 F.3d 581 (8th Cir. 2011) (felon-in-possession ruling affirmed)