United States v. Diontai Moore
111 F.4th 266
| 3rd Cir. | 2024Background
- Diontai Moore, a federal felon, was on supervised release after previous convictions for drug distribution and possession of a firearm by a felon.
- While on supervised release, Moore possessed and fired a handgun during a home intrusion, striking one of the intruders.
- Moore was charged and pleaded guilty to violating 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.
- Moore challenged the conviction on Second Amendment grounds, arguing that § 922(g)(1) was unconstitutional as applied to him while on supervised release, particularly when used for home self-defense.
- The District Court upheld the conviction; Moore appealed to the Third Circuit, raising a question of first impression for the court regarding Second Amendment rights during supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Second Amendment protect a felon on supervised release's right to possess a firearm? | Moore argued he retains Second Amendment rights, especially at home for self-defense, while on supervised release. | Government argued historical tradition allows temporary disarmament during sentence supervision. | No, convict on supervised release may be disarmed under history/tradition. |
| Whether historical analogues justify § 922(g)(1) as applied to supervised releasees. | Moore contended supervised release is unlike 18th-century forfeiture/disarmament laws. | Government pointed to founding-era forfeiture laws that temporarily disarmed convicts. | Founding-era laws justify disarming convicts on supervised release. |
| Is self-defense in one's home a special case for Second Amendment protection for supervised releasees? | Moore claimed home self-defense is core Second Amendment conduct. | Government countered that prisoners and releasees do not gain full rights at home. | No special exemption; supervised releasees may be disarmed in the home. |
| May as-applied facts beyond the indictment be considered in constitutional analysis? | Moore argued only the indictment's facts are relevant for as-applied challenges. | Government argued all relevant circumstances (including supervised release status) count. | All relevant facts are considered; status as releasee supports application. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (recognizing core Second Amendment right to possess firearms in the home)
- N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (establishes the historical tradition test for gun regulations)
- United States v. Rahimi, 144 S. Ct. 1889 (upholding disarmament laws grounded in historical tradition)
