24-11250
11th Cir.Sep 2, 2025Background:
- Terry Gammage was convicted under 18 U.S.C. § 922(g)(1) for possessing a firearm and ammunition as a convicted felon.
- Gammage challenged the statute as unconstitutional under the Commerce Clause and the Second Amendment.
- He stipulated that the firearm and ammunition traveled in interstate commerce and acknowledged that precedent foreclosed his Commerce Clause challenge.
- The government moved for summary affirmance, arguing Eleventh Circuit precedent bars both constitutional challenges.
- The panel analyzed binding circuit precedent (United States v. McAllister and United States v. Rozier), recent Supreme Court decisions (Heller, Bruen, Rahimi), and the court’s subsequent decision in Dubois confirming Rozier remains binding.
- The court concluded the government’s position was clearly right as a matter of law and granted summary affirmance, affirming the conviction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Commerce Clause: validity of § 922(g)(1) | § 922(g)(1) exceeds Congress’s Commerce Clause power | Binding precedent (McAllister) upholds § 922(g)(1); Gammage conceded interstate nexus | Affirmed; § 922(g)(1) valid under Commerce Clause (McAllister) |
| Second Amendment: felon-possession ban under § 922(g)(1) | Ban violates Second Amendment | Binding circuit precedent (Rozier, as reaffirmed by Dubois) permits felon-dispossession restrictions; Supreme Court decisions don’t clearly overrule Rozier | Affirmed; § 922(g)(1) survives Second Amendment challenge under controlling precedent |
Key Cases Cited
- United States v. McAllister, 77 F.3d 387 (11th Cir. 1996) (upheld § 922(g)(1) under Commerce Clause)
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognized individual right to bear arms but preserved longstanding prohibitions, including felon bans)
- United States v. Rozier, 598 F.3d 768 (11th Cir. 2010) (held felon-possession ban consistent with Second Amendment)
- United States v. White, 593 F.3d 1199 (11th Cir. 2010) (discussed Heller’s treatment of presumptively lawful prohibitions)
- N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022) (adopted history-and-tradition test for Second Amendment challenges)
- United States v. Rahimi, 602 U.S. 680 (2024) (applied Bruen framework and upheld firearms prohibition for those under domestic-violence restraining orders)
- United States v. Dubois, 139 F.4th 887 (11th Cir. 2023) (confirmed Rozier remains binding in the circuit)
- Groendyke Transp., Inc. v. Davis, 406 F.2d 1158 (5th Cir. 1969) (standard for summary disposition when outcome is clear as a matter of law)