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