Description: Muskogee, Oklahoma criminal defense lawyer represented the Defendant charged with being a felon in possession of a firearm and eluding a peace officer in Indian County.

The Defendant moved to dismiss the firearm offense on the ground that § 922(g)(1) is facially
unconstitutional under the Second Amendment.

On appeal, Mr. Graves renews his argument that § 922(g)(1) is facially unconstitutional under the Second Amendment, citing New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), and United States v. Rahimi, 602 U.S. 680 (2024).
Our precedent forecloses this argument. We rejected a constitutional challenge to § 922(g)(1) in United States v. McCane, 573 F.3d 1037 (10th Cir. 2009). And while Mr. Graves’s case was pending on appeal, we decided that McCane remains good law after Bruen and Rahimi. See Vincent v. Bondi, 127 F.4th 1263, 1265-66 (10th Cir. 2025).

Defendant's motion to dismissed denited.

Defendant was found guilty and was sentenced to 48 months in prison.

Outcome: Affirmed on appeal.

Plaintiff's Experts:

Defendant's Experts:

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