United States v. FELICIANO, 2:24-cr-00061

Daniel Feliciano was indicted on multiple federal charges, including being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
Feliciano previously was convicted of aggravated assault, a violent felony, more than twenty years ago.
He was also charged with drug trafficking offenses, including conspiracy to distribute cocaine and possession of firearms in furtherance of drug trafficking.
Feliciano filed a motion to dismiss the felon-in-possession charge (Count Six), arguing it was unconstitutional as applied to him based on recent Second Amendment case law developments.
The Government opposed the motion, and the District Court reviewed the motion on the pleadings, accepting the indictment's factual allegations as true.
The Court focused its analysis on whether Feliciano’s conduct falls within the protected scope of the Second Amendment after recent Supreme Court and Third Circuit decisions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of § 922(g)(1) as applied	Feliciano’s conduct—including violent felony and drug trafficking—places him outside Second Amendment protections.	Application of § 922(g)(1) to a non-recent, non-drug felony (aggravated assault) is unconstitutional as to him.	Motion denied; Defendant’s conduct (violent felony, drug trafficking) is not protected by 2A.

District of Columbia v. Heller, 554 U.S. 570 (2008) (establishes an individual right to keep and bear arms, subject to limitations)
McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporates the Second Amendment right against the states)
New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) (extends Second Amendment protections to public carry for self-defense)
United States v. Rahimi, 602 U.S. 680 (2024) (upholds firearm bans for those subject to restraining orders with findings of dangerousness)