United States v. GRAVES
2:22-cr-00247
| W.D. Pa. | Jun 29, 2025Background
- Defendant Paul Lyn Graves was charged with being a felon in possession of ammunition under 18 U.S.C. § 922(g)(1).
- Graves challenged the constitutionality of § 922(g)(1) both facially and as-applied.
- The underlying conviction was for first-degree misdemeanor assault in Pennsylvania, specifically an assault against a child under 12, with a maximum sentence of five years.
- Graves argued his prior conviction was a mere "simple assault misdemeanor"; however, the court noted this offense is classified as a serious, first-degree misdemeanor in Pennsylvania.
- The motion in question was to dismiss Count IV of the indictment, based on his arguments relating to the Second Amendment and the nature of his prior conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Facial validity of § 922(g)(1) | Statute is constitutional under binding precedent | Statute is invalid in all applications | Facial challenge to statute denied |
| As-applied validity (Second Amendment) | Defendant is dangerous based on past conduct | His assault conviction should not bar firearm rights | As-applied challenge denied; conviction shows dangerousness |
Key Cases Cited
- Range v. A.G., 124 F.4th 218 (3d Cir. 2024) (upheld constitutionality of firearm bans for dangerous individuals)
- U.S. v. Jackson, 138 F.4th 1244 (10th Cir. 2025) (violence against family supports disarmament under the Second Amendment)
- U.S. v. Gailes, 118 F.4th 822 (6th Cir. 2024) (domestic violence convictions implicate dangerousness and gun rights)