742 F.Supp.3d 840
C.D. Ill.2024Background
- Tywan M. Stringer, a convicted felon, was indicted for possessing a firearm in violation of 18 U.S.C. § 922(g)(1).
- Stringer moved to dismiss the indictment, arguing that § 922(g)(1) is unconstitutional as applied to him after the Supreme Court’s decision in New York State Rifle & Pistol Ass'n, Inc. v. Bruen.
- The government opposed the motion, defending § 922(g)(1)’s constitutionality under the new Second Amendment framework announced in Bruen.
- The court reviewed whether the statute is consistent with the Nation’s historical tradition of firearm regulation, as required by Bruen.
- The court assumed, without deciding, that felons fall within the scope of "the people" as used in the Second Amendment and proceeded to the historical analysis.
Issues
| Issue | Stringer's Argument | Government's Argument | Held |
|---|---|---|---|
| Constitutionality of § 922(g)(1) after Bruen | § 922(g)(1) violates the Second Amendment as applied | Statute is consistent with Nation's historical firearm regulation | Statute is constitutional; motion to dismiss denied |
| Scope of "the people" in Second Amendment | Felons are included in "the people" | Felons are excluded as they are not part of the political community | Assumed felons are included, but not decided |
| Historical tradition of disarmament | No analogous historical prohibition for all felons | History supports disarmament of those deemed dangerous/untrustworthy | Historical tradition supports categorical ban |
| Individual assessment vs. categorical bans | Categorical bans unconstitutional post-Bruen | Categorical bans supported by historical/dispossession tradition | Categorical bans permissible under history |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (established individual Second Amendment right, noted laws prohibiting felons from possessing firearms are "presumptively lawful")
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (applied Second Amendment to states, reaffirmed Heller’s dicta on longstanding prohibitions)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022) (established text-and-history approach for Second Amendment)
- United States v. Kanter, 919 F.3d 437 (7th Cir. 2019) (addressed means-ends scrutiny and historical scope of Second Amendment for felons)
- United States v. Yancey, 621 F.3d 681 (7th Cir. 2010) (endorsed disarmament of "unvirtuous citizens" such as felons)
- United States v. Meza-Rodriguez, 798 F.3d 664 (7th Cir. 2015) (held "the people" in Second Amendment includes some non-citizens)
- Atkinson v. Garland, 70 F.4th 1018 (7th Cir. 2023) (Bruen requires fresh text-and-history analysis for § 922(g)(1))