Explore The NRA Universe Of Websites

APPEARS IN News

Tenth Circuit Sidesteps Bruen with Nonviolent Felon Ruling

Monday, February 24, 2025

Tenth Circuit Sidesteps Bruen with Nonviolent Felon Ruling

As NRA-ILA pointed out last week, the U.S. Supreme Court’s landmark ruling in New York State Rifle & Pistol Association v. Bruen (2022) has prompted a long-overdue reappraisal of the federal law as it pertains to who can be barred from possessing firearms consistent with the Second Amendment. Unfortunately, it hasn’t been all wins for liberty. Some federal courts have continued to uphold firearm prohibitions that have no relationship to America’s historical tradition.

On February 11, the U.S. Court of Appeals for the Tenth Circuit rejected a challenge to the 18 U.S.C. 922(g)(1) federal lifetime prohibition on nonviolent felons possessing firearms.

The case involved Melynda Vincent, a Utah woman who was convicted of federal “bank fraud” in 2008. Noting the particulars, Courthouse News explained, “Vincent wrote a fraudulent check for $498.12 at a grocery store in 2008 when she was homeless and fighting off a drug addiction. She … pleaded guilty and was sentenced to probation without imprisonment.”

In the almost two decades since her conviction, Vincent has turned her life around. An earlier court document noted, “Since the time of her offense Vincent graduated from a drug treatment program, earned an undergraduate degree and two graduate degrees.” Moreover, Courthouse News explained, “Today she is a social worker who runs her own practice and works with the Utah Harm Reduction Coalition.” Any proponents of criminal justice reform more concerned with reintegration than doctrinaire anti-gun politics should find the Vincent’s case compelling.

In ruling against Vincent, the Tenth Circuit cited the circuit’s own precedent from the case U.S. v. McCane (2009) which upheld the broad 18 USC 922(g)(1) prohibition. Of course, that case was decided before Bruen explicitly commanded that the courts look to the text, history, and tradition to determine if a given regulation “is consistent with the Nation’s historical tradition of firearm regulation.”

The Tenth Circuit declared that since the U.S. Supreme Court’s decisions after McCane did not “indisputably and pellucidly” abrogate their earlier ruling there was no need to rigorously re-examine circuit precedent or engage in the type of analysis Bruen commanded.

While this result was a reminder that some judges continue to ignore the Supreme Court’s repeated admonition that the Second Amendment is not a second class right, there is reason to be optimistic that there could be a coming shift on this issue.

In September, NRA filed an amicus brief in the Ninth Circuit case U.S. v. Duarte, a challenge to the federal lifetime prohibition on firearms possession by nonviolent felons. The brief explained,

America’s historical tradition of firearm regulation allows for the disarmament of dangerous persons—disaffected persons posing a threat to the government and persons with a proven proclivity for violence. But there is no historical tradition of disarming peaceable citizens. Rather,  peaceable citizens—including nonviolent felons and other unvirtuous  persons—were expressly permitted and often required to keep and bear  arms.

Section 922(g)(1) therefore violates the Second Amendment as applied to nonviolent offenders.

Moreover, there are indications that some very prominent jurists are sympathetic to this understanding.

U.S. Supreme Court Justice Neil Gorsuch has repeatedly expressed his dissatisfaction with the widening scope of conduct now classified as felonious and how this deviates from the historical tradition.

The 2021 Supreme Court case Lange v. California involved the question of whether, under the Fourth Amendment, a law enforcement officer may always pursue an individual suspected of having committed a misdemeanor into a home without obtaining a warrant. The Court held that such a categorical exemption to the warrant requirement was impermissible.

During oral arguments there was much discussion on how to treat misdemeanor versus felony conduct in such circumstances. Understanding the creeping expansion of the definition of felony, Gorsuch defended broad Fourth Amendment protections, noting,

we live in a world in which everything has been criminalized. And some professors have even opined that there’s not an American alive who hasn’t committed a felony in some – under some state law.

Gorsuch went on to explain,

what qualified as a felony at common law was -- were very few crimes and they were all punished by the death penalty usually, and today pretty much again anything or everything can be called a felony.

In 2019 U.S. Supreme Court Justice Amy Coney Barrett, then a judge on U.S. Court of Appeals for the Seventh Circuit, suggested that firearm possession prohibitions should be tied to dangerousness while dissenting in the case Kanter v. Barr. The case involved the Second Amendment rights of an individual with a felony mail fraud conviction stemming from the almost comically nonviolent crime of selling Medicare non-compliant therapeutic shoe inserts.

Taking issue with the categorical ban on felons possessing firearms, Barrett explained,

History is consistent with common sense: it demonstrates that legislatures have the power to prohibit dangerous people from possessing guns. But that power extends only to people who are dangerous. Founding-era legislatures did not strip felons of the right to bear arms simply because of their status as felons.

Despite this latest setback in the Tenth Circuit, gun owners should be encouraged by much of the federal judiciary’s renewed interest in protecting Second Amendment rights post-Bruen.

TRENDING NOW
Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

News  

Monday, August 31, 2026

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

The anti-gun programs and policies of the Biden-Harris administration have been falling like dominoes, lately.

Redditors Embarrass Virginia Assembly’s Chief Gun Banner

News  

Tuesday, September 8, 2026

Redditors Embarrass Virginia Assembly’s Chief Gun Banner

In late August, Virginia State Delegate Dan Helmer (D-10), who represents a portion of the Northern Virginia D.C. suburb of Fairfax County, took to Reddit for an “ask me anything” (AMA) question and answer session.

NRA Files Amicus Brief in Supreme Court “Assault Weapons” Cases

Saturday, September 5, 2026

NRA Files Amicus Brief in Supreme Court “Assault Weapons” Cases

The National Rifle Association, alongside the Independence Institute and the American Suppressor Association, filed an amicus brief on Friday in the consolidated cases Viramontes v. Cook County and Grant v. Higgins, which challenge the "assault weapons” bans ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

News  

Monday, August 31, 2026

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

On August 12, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) sent a letter to U.S. House Committee on Science, Space and Technology Chairman Brian Babin (R-Texas) reiterating what gun rights ...

Virginia Case Shows Gun Control is Aimed at Decent Citizens, Not Criminals

News  

Tuesday, September 8, 2026

Virginia Case Shows Gun Control is Aimed at Decent Citizens, Not Criminals

Economics has a concept called “revealed preference.” The gist is that a person’s observed actions reveal more about their preferences than what a person might profess to favor. 

Promise to Practice: Federal Firearm Rights Restoration is Now a Reality

News  

Tuesday, September 8, 2026

Promise to Practice: Federal Firearm Rights Restoration is Now a Reality

The federal government’s promise to provide a pathway to restore firearm rights is no longer merely a commitment on paper. 

Australia Remains Committed to Eliminating Guns from the Law-Abiding

News  

Monday, August 31, 2026

Australia Remains Committed to Eliminating Guns from the Law-Abiding

It’s been a long time since Australia had relatively sensible gun laws.  While national regulations did not really come into play until the 1990s, the states and territories began imposing severe restrictions on lawful gun owners ...

Unhealthy Exposure: Gun Ban Advocates Allergic to Defensive Gun Use

News  

Tuesday, September 8, 2026

Unhealthy Exposure: Gun Ban Advocates Allergic to Defensive Gun Use

One of the narratives invented by gun control activists and their political allies to try to make their agenda more palatable to the general public has been to recast gun crime as a “public health ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.