Summary
finding that Bruen “did not change the regulatory framework that prohibits felons from possessing firearms” and that “the Eleventh Circuit has previously rejected a Second Amendment challenge to 922(g) in [Rozier]”
Summary of this case from United States v. IsaacOpinion
1:22-00111-KD-MU
11-17-2022
UNITED STATES OF AMERICA, Plaintiff v. CHRISTOPHER WAYNE MITCHELL Defendant.
ORDER
KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE
This matter is before the Court on Defendant Mitchell's Motion to Dismiss (Doc. 26) and the Government's Response (Doc. 37).
As explained in the United States brief and adopted as the Court's reasoning (Doc. 37, pp. 3-12), by reaffirming and adhering to its reasoning in D.C. v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008) and McDonald v. City of Chicago, Ill., 561 U.S. 742, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010) the Supreme Court in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 213 L.Ed.2d 387, 142 S.Ct. 2111 (2022) did not change the regulatory framework that prohibits felons from possessing firearms. Moreover, the Eleventh Circuit has previously rejected a Second Amendment challenge to 922(g)(1) in United States v. Rozier, 598 F.3d 768 (11th Cir. 2010). Accordingly, Mitchell's Motion to Dismiss (Doc. 26) is DENIED.
DONE and ORDERED