United States v. Kelley
6:24-cr-00154
| E.D. Okla. | Mar 4, 2025Background
- Jimmy Dale Kelley was indicted for being a felon in possession of a firearm and ammunition, violating 18 U.S.C. §§ 922(g)(1) and 924(a)(8).
- Kelley’s prior felony conviction was for simple possession of methamphetamine, a nonviolent offense.
- Kelley filed a motion to dismiss, arguing that the lifetime firearm ban under § 922(g)(1) is unconstitutional as applied to him because his predicate offense is nonviolent.
- Kelley relied on a recent Supreme Court case (Bruen) that changed the framework for analyzing Second Amendment challenges, requiring historical analogues for firearms regulations.
- Subsequent appellate and Supreme Court decisions (Bruen, Rahimi, Vincent) have shaped the analysis of felon-in-possession statutes under the Second Amendment.
- The court reviewed the Tenth Circuit’s adherence to prior precedent upholding § 922(g)(1) as constitutional for both violent and nonviolent felons.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Constitutionality of § 922(g)(1) as-applied | Law is valid under established precedent | Nonviolent felons should not be permanently barred | Law is constitutional even as applied to nonviolent |
| Requirement for historical analogue | Historical tradition supports felon disarmament | No tradition for lifetime ban on nonviolent felons | Sufficient historical analogues exist |
| Applicability after Supreme Court decisions | Precedent (McCane) remains binding | Bruen and Rahimi require reevaluation | McCane still controls; ban is constitutional |
| Dismissal of indictment | Indictment valid under law | Indictment fails to state an offense | Motion to dismiss is denied |
Key Cases Cited
- United States v. Salerno, 481 U.S. 739 (Facial constitutional challenges test if a law is invalid in all circumstances)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (Set new framework for Second Amendment analyses, requiring historical analogues)
- United States v. Supreme Ct. of N.M., 839 F.3d 888 (Describes as-applied vs. facial constitutional challenges)
- United States v. Rahimi, 602 U.S. 680 (Upholds disarmament of dangerous individuals consistent with Second Amendment)