United States v. Raheem Morrissette
24-10353
11th Cir.Nov 7, 2024Background
- Raheem Morrissette, a convicted felon, was stopped by police for a traffic violation; a search revealed marijuana and a pistol in his vehicle.
- He was charged with violating 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms.
- Morrissette moved to dismiss the indictment, arguing § 922(g)(1) violated his Second Amendment rights.
- The district court denied his motion; Morrissette pleaded guilty and was sentenced to 57 months in prison.
- On appeal, Morrissette continued to challenge the constitutionality of § 922(g)(1) under the Second Amendment.
Issues
| Issue | Morrissette's Argument | Government's Argument | Held |
|---|---|---|---|
| Constitutionality of § 922(g)(1) felon ban | Statute violates the Second Amendment, on its face and as-applied | Statute is longstanding/presumptively lawful, foreclosed by precedent | Statute is constitutional; challenge foreclosed by precedent |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognized individual right to bear arms but deemed felon-in-possession bans presumptively lawful)
- United States v. Rozier, 598 F.3d 768 (11th Cir. 2010) (upheld § 922(g)(1) as not offending the Second Amendment)
- N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) (set test for evaluating constitutionality of gun laws under the Second Amendment)
- United States v. Dubois, 94 F.4th 1284 (11th Cir. 2024) (Bruen did not abrogate Rozier; felon ban challenge foreclosed)
- United States v. Rahimi, 144 S. Ct. 1889 (2024) (reaffirmed § 922(g)(1) felon-in-possession ban as presumptively lawful)
