Opinion
Criminal Action No. 5:08-CR-12 (HL).
August 11, 2008
ORDER
Defendant is charged in a one count Indictment (Doc. 1) with possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). Before the Court is Defendant's Motion to Dismiss Indictment (Doc. 55) in which Defendant seeks dismissal on the ground that the recent Supreme Court decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), renders the felon in possession statute unconstitutional. In Heller the Supreme Court issued its landmark ruling on the scope of the Second Amendment's right to bear arms, holding that the right is individual, not collective. Id. In reaching its holding, the Court expressly stated that "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons. . . ." Id. at 2816. Thus, contrary to Defendant's argument, the Supreme Court's decision inHeller does not draw into the question the constitutionality of the felon in possession statute. Not only did the majority in make it clear that its decision did not affect the constitutional validity of the felon in possession statute, but all courts that have considered the issue since the Heller decision have reached the same conclusion as this court: the felon in possession statute does not violate the Second Amendment. See e.g., United States v. Gilbert, 2008 WL 2740453, at *2 (9th Cir. July 15, 2008); United States v. Robinson, No. 07-CR-202, 2008 WL 2937742 (E.D. Wis. July 23, 2008). Accordingly, Defendant's Motion to Dismiss is denied.