630 F.Supp.3d 841
W.D. Tex.2022Background:
- Defendant Jeroswaski Wayne Collette was arrested in June 2022 after threats at a tow lot; officers found two handguns at his residence and verified a prior felony conviction.
- He was charged under 18 U.S.C. § 922(g)(1) (possession of a firearm by a person convicted of a crime punishable by >1 year).
- Collette moved to dismiss the indictment on facial and as‑applied Second Amendment grounds after Bruen; the Government did not file a response and Collette was convicted by a jury before the court resolved the motion.
- The court applied Bruen: (1) determine whether the Second Amendment’s plain text covers the conduct (possession) and, if so, (2) ask whether the regulation is consistent with the Nation’s historical tradition of firearm regulation.
- The court concluded the plain text covers possession and conducted a historical/analogical inquiry, examining early statutory history (FFA 1938; 1961 and 1968 amendments) and constitutional analogues excluding groups from other "the people" rights (voting, assembly).
- Holding: the court found sufficient historical tradition and analogies to uphold § 922(g)(1) facially and as applied to Collette and denied the motion to dismiss.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Second Amendment’s plain text covers possessing a firearm | Possession is encompassed by "keep and bear arms" (government position) | Collette acknowledges Bruen covers possession but contends the historical inquiry defeats the ban | Court: Yes—possession falls within the Amendment’s plain text (Heller/Bruen) |
| Whether § 922(g)(1) is consistent with the Nation’s historical tradition of firearm regulation | Statute aligns with longstanding tradition of excluding dangerous persons/felons from rights of "the people" | Collette: history does not support a categorical status‑based felon ban | Court: Historical analogies (voting/assembly exclusions, post‑ratification statutes) support § 922(g)(1); statute constitutional facially and as applied; motion denied |
Key Cases Cited
- D.C. v. Heller, 554 U.S. 570 (recognizes individual right to possess handgun in the home)
- N.Y. State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 S. Ct. 2111 (adopts historical‑tradition test for firearm regulations)
- De Jonge v. Oregon, 299 U.S. 353 (assembly right protected but subject to limits against incitement/violence)
- Brandenburg v. Ohio, 395 U.S. 444 (speech/assembly may be restricted when directed to inciting imminent lawless action)
- Kanter v. Barr, 919 F.3d 437 (7th Cir.) (analysis of historical evidence regarding felon disarmament)
- United States v. Portillo-Munoz, 643 F.3d 437 (5th Cir.) (holds certain categories, like undocumented immigrants, fall outside "the people")
- Coffin v. United States, 156 U.S. 432 (emphasizes importance of procedural protections and presumption of innocence)