United States v. Carrero Fraguada, 635 F.Supp.3d 1210

In 2015 Carrero pleaded guilty to two Utah felonies (distribution of a controlled substance) and was sentenced to 1–15 years.
On December 20, 2021, police found a loaded Remington .45 on Carrero during a felony stop of a stolen vehicle.
On February 2, 2022, a federal grand jury indicted Carrero under 18 U.S.C. § 922(g)(1) (felon in possession of a firearm and ammunition).
Carrero moved to dismiss Count 1, arguing the Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen invalidates § 922(g)(1) under the Second Amendment.
The government responded that Bruen requires a historical-tradition analysis and that historical analogues sustain felon-dispossession laws; the court also considered Tenth Circuit precedent.
The court held Bruen’s test applies, found the Second Amendment text covers Carrero’s conduct, ruled felons fall within “the people,” concluded the government met its historical-analogue burden, and denied the motion to dismiss.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 922(g)(1) is facially unconstitutional under Bruen	U.S.: § 922(g)(1) is consistent with the Nation’s historical tradition and therefore constitutional	Carrero: Bruen’s historical-textual test invalidates § 922(g)(1) as inconsistent with the Second Amendment	Denied; § 922(g)(1) survives Bruen and is constitutional on its face
Whether felons are within “the people” protected by the Second Amendment	U.S.: contended felons may be outside the protected class (limited reading)	Carrero: felons are part of “the people” and thus protected by the Amendment’s text	Court rejected a narrow reading; felons fall within “the people,” but historical tradition justifies the prohibition
Whether Bruen abrogated controlling Tenth Circuit precedent upholding § 922(g)	U.S.: Bruen is consistent with Heller/McCane and did not overthrow existing precedent	Carrero: Bruen’s new framework undermines prior upholding of § 922(g)(1)	Court held Bruen did not negate McCane; bound by Tenth Circuit precedent and found no change in constitutional status

New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 S. Ct. 2111 (establishes historical-tradition/textual test for Second Amendment challenges)
District of Columbia v. Heller, 554 U.S. 570 (recognizes individual right to bear arms; notes longstanding prohibitions on felons remain valid)
McDonald v. City of Chicago, 561 U.S. 742 (incorporates Second Amendment against the states; part of Bruen’s doctrinal background)
United States v. McCane, 573 F.3d 1037 (10th Cir.) (upheld constitutionality of § 922(g) pre-Bruen; binding Tenth Circuit precedent)
Burlington N. & Santa Fe Ry. Co. v. Burton, 270 F.3d 942 (10th Cir. 2001) (federal courts must follow controlling Tenth Circuit precedent)
Konigsberg v. State Bar of California, 366 U.S. 36 (supports presumption principles quoted in Bruen)