Opinion
23-cr-20394
07-10-2024
UNITED STATES OF AMERICA, Plaintiff, v. ISAAC YOUNG, Defendant.
ORDER DENYING DEFENDANT'S MOTION TO DISMISS (ECF NO. 26)
Sean F. Cox, U.S. District Judge.
Defendant Isaac Young was indicted for possessing a firearm as a felon in violation of 18 U.S.C. § 922(g)(1) and he now moves the Court to dismiss that indictment. (ECF No. 36). Young argues that § 922(g)(1) is unconstitutional under the Second Amendment on its face and as applied to him. Young concedes that Sixth Circuit precedent forecloses his argument. See, e.g., United States v. Carey, 602 F.3d 738, 741 (6th Cir. 2010). However, Young concludes that such precedents were implicitly overruled by New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), and that § 922(g)(1) cannot now survive judicial scrutiny.
Young's motion was fully briefed and the Court rules on it without oral argument.
Although the Sixth Circuit has not yet addressed the issue Young raises, this Court and several federal courts of appeals have held that Bruen did not abrogate pre-Bruen precedent holding that § 922(g)(1) is per se constitutional. See, e.g., United States v. Nelson, 680 F.Supp.3d 827, 832-35 (E.D. Mich. 2023); United States v. Jackson, 69 F.4th 495, 501-06 (8th Cir. 2023); Vincent v. Garland, 80 F.4th 1197 (10th Cir. 2023); United States v. Gay, 98 F.4th 843 (7th Cir. 2024); United States v. Dubois, 94 F.4th 1284, 1291-93 (11th Cir. 2024). Young fails to persuade the Court that it should depart from this conclusion.
IT IS HEREBY ORDERED that Young's “Motion to Dismiss” (ECF No. 26) is DENIED.
IT IS SO ORDERED.
I hereby certify that on July 10, 2024, the document above was served on counsel and/or the parties of record via electronic means and/or First Class Mail.