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129 F.4th 361
6th Cir.
2025
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Background

  • Raymon Risner was indicted on several charges, including conspiracy to distribute methamphetamine and firearm offenses based on his involvement in drug trafficking activities in Kentucky between January and November 2022.
  • A video and evidence obtained from Risner's home connected him to both methamphetamine sales and a firearm.
  • Risner filed a motion to dismiss the firearm-related charges (felon-in-possession under § 922(g)(1) and possession in furtherance of drug trafficking under § 924(c)(1)(A)), arguing these statutes violate the Second Amendment as interpreted in New York State Rifle & Pistol Ass’n v. Bruen.
  • The district court denied Risner’s motion; he later pleaded guilty to the conspiracy and firearm-in-furtherance counts as part of a deal allowing him to appeal the adverse constitutional ruling.
  • On appeal, his challenge was limited by the plea agreement to facial, not as-applied, constitutional challenges to the statutes.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Constitutionality of § 922(g)(1) Felon-in-possession statute violates Second Amendment after Bruen Statute is facially constitutional; charge dismissed anyway Risner lacks standing; challenge rejected
Constitutionality of § 924(c)(1)(A) Statute is ahistorical and inconsistent with Second Amendment protections Statute fits deeply rooted tradition of disarming criminals Statute is constitutional on its face

Key Cases Cited

  • District of Columbia v. Heller, 554 U.S. 570 (recognizes individual right to bear arms but not unlimited; limitation for unlawful purposes)
  • New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 ( Second Amendment analysis focuses on text and historical tradition)
  • United States v. Rahimi, 602 U.S. 680 (historical tradition permits disarming dangerous individuals)
  • United States v. Salerno, 481 U.S. 739 (sets high bar for facial constitutional challenges)
  • United States v. Greeno, 679 F.3d 510 (historical precedent for limiting firearms in context of criminal activity)
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Case Details

Case Name: United States v. Raymon Doug Risner
Court Name: Court of Appeals for the Sixth Circuit
Date Published: Feb 21, 2025
Citations: 129 F.4th 361; 24-5394
Docket Number: 24-5394
Court Abbreviation: 6th Cir.
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    United States v. Raymon Doug Risner, 129 F.4th 361