Opinion
CRIMINAL 20-341
10-27-2022
UNITED STATES OF AMERICA v. DEAMONTE LAW, Defendant.
ORDER
Cathy Bissoon, United States District Judge.
Defendant's Motion (Doc. 50) to Dismiss his charge under 18 U.S.C. § 922(g)(1), based on New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (Jun. 23, 2022), will be denied. This Court joins the legion of others, from around the country, rejecting constitutional challenges to Section 922(g)(1) under Bruen. The District Court for the Middle District of Pennsylvania, in U.S. v. Minter, 2022 WL 10662252 (M.D. Pa. Oct. 18, 2022), recently provided a concise, but thorough, summary of the appropriate analyses, and it cites many of the other decisions reaching the same conclusion. This Court will not attempt to improve on the reasoning in Minter, and that court's analyses are incorporated by reference.
Although Defendant makes passing reference to an “as applied” challenge, to the extent that one still exists, he has made no effort to demonstrate why one would be appropriate in this case. See Minter at *7 n.9 (holding same under analogous circumstances).
Accordingly, Defendant's Motion (Doc. 50) to Dismiss is DENIED. This case otherwise being trial-ready, and consistent with the previous Final Pretrial Order (Doc. 44), the Court will schedule a two-day jury trial, to commence December 21, 2022 . Contemporaneously herewith, the Court will enter an amended pretrial order resetting the unexpired/remaining deadlines in the original FPTO.
IT IS SO ORDERED.