436 F. App'x 725
8th Cir.2011Background
- Tyrone Brown was convicted by jury of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
- Police found a loaded 9mm pistol under Brown's bedroom mattress during a November 2009 search warrant execution; Brown was hiding in a closet when arrested.
- Brown had a stipulated prior felony conviction, and he argued the conviction violated his Second Amendment right to keep and bear arms.
- The district court denied Brown's motion for judgment of acquittal; the jury convicted him and the court sentenced him to 77 months, at the bottom of the guideline range.
- Brown renewed his Second Amendment challenge on appeal, which the court reviews de novo, upholding the felon-in-possession statute against facial challenges and rejecting as-applied challenges.
- The court affirmed the district court's judgment, concluding Brown's asserted self-defense motive did not save his possession under § 922(g)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 922(g)(1) violates the Second Amendment as applied to Brown. | Brown: gun for self-defense; quintessential right protected by Supreme Court cases. | Statute withstands facial and as-applied challenges; history and protections are consistent with limits on felons. | No; statute valid as applied and facially. |
Key Cases Cited
- United States v. Joos, 638 F.3d 581 (8th Cir. 2011) (upholds felon-in-possession statute against facial challenge)
- United States v. Barton, 633 F.3d 168 (3d Cir. 2011) (as-applied challenges require distinguishing personal background from historical prohibitions)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (recognizes Second Amendment right to keep and bear arms; rejects casting doubt on felon-in-possession statutes)
- Heller v. District of Columbia, 554 U.S. 570 (2008) (fundamental nature of handgun for self-defense)
- Seay, 620 F.3d 919 (8th Cir. 2010) (de novo review for constitutional challenges to statute)