United States of America v. Eric Lamario Mitchell

Cheyenne, Wyoming criminal defense lawyer represented the Defendant charged with felony possession of a firearm.



In November 2023, a federal grand jury charged Mr. Mitchell with two counts

of being a felon in possession of a firearm. He moved to dismiss the charges,

contending that § 922(g)(1) was unconstitutional under the Second Amendment in

light of New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1 (2022). He

acknowledged, however, that this court had already rejected that argument. See

Vincent v. Garland, 80 F.4th 1197, 1201-02 (10th Cir. 2023) (holding that Bruen did

not abrogate the Tenth Circuit's previous case law upholding the constitutionality of

§ 922(g)(1)).



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The Second Amendment to the United States Constitution protects the right of individuals to keep and bear arms. It was ratified in 1791 as part of the Bill of Rights. The text reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." According to the Ronald Reagan Presidential Library (.gov).

Key aspects of the Second Amendment:



Individual vs. Collective Right:



The Supreme Court has affirmed that the Second Amendment protects an individual's right to possess firearms, but the scope and extent of this right are still debated.



Historical Context:



The amendment's origins are rooted in the English tradition of the right to bear arms and the need for a well-regulated militia for self-defense against tyranny.

"Well Regulated Militia":



This phrase has been interpreted in different ways, with some arguing it limits the right to those serving in a militia, while others contend it acknowledges the importance of a well-regulated militia while still protecting individual gun ownership.



Limitations and Regulation:



The Supreme Court has acknowledged that the right to bear arms is not unlimited and can be subject to certain restrictions, such as those related to dangerous and unusual weapons, or those deemed necessary for public safety.

Ongoing Debate:



The Second Amendment remains a subject of intense debate, with ongoing discussions about gun control measures, the extent of individual rights, and the role of the government in regulating firearm.



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The Second Amendment does not contain the word "except."

Affirmed