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Date: 06-14-2024
Case Style:
Case Number: 24-1039
Judge: Harris L. Hartz
Court: United States Court of Appeals for the Tenth Circuit on appeal from the District of Colorado (Denver County)
Plaintiff's Attorney:
Defendant's Attorney: United States Attorney's office in Denver
Description:
Denver, Colorado civil rights lawyer represented the Plaintiff who sued seeking a declaratory judgment that 21 U.S. 922(g) is unconstitutional.
n 2010 Michael Lawrence was convicted of three nonviolent felonies in
Colorado state court: attempting to influence a public servant, forging an instrument
that affects a legal right, and offering a false instrument for recording. In 2023 Page 2
Mr. Lawrence attempted to purchase a gun at a sporting goods store in Colorado; but,
after learning of his felony convictions, the store declined to sell him the gun.
Mr. Lawrence then filed suit against United States Attorney General Merrick
Garland; the Director of the Federal Bureau of Alcohol, Tobacco, Firearms and
Explosives, Steven Dettelbach; and Colorado Attorney General Phil Weiser. He
asserted that 18 U.S.C. § 922(g)(1) and Colo. Rev. Stat. § 18-12-108 are
unconstitutional under the Second Amendment and the Supreme Court’s decision in
NY State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), as applied to
persons like him whose felony convictions were for nonviolent offenses. As relief, he
sought a declaration to that effect, an injunction prohibiting the defendants from
enforcing the two statutes against him, and attorney fees. He later filed a motion for a
preliminary injunction.
Outcome: Dismissal affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: