According to court filings, the 41-year-old’s lawyers requested for the charge, possession of a firearm and ammunition by a felon in interstate commerce, be reviewed in light of another federal court’s review of the count based on recent precedent-setting decisions tied to gun ownership.
The review dismissed the “felon in possession” charge against another defendant in California, citing a recent Ninth Circuit Court of Appeals decision, United States v. Duarte, that found stripping a non-violent felon of their right to own a gun as unconstitutional.
The court came to the holding in Duarte based on the Supreme Court’s interpretation of the Second Amendment in the case New York State Rife & Pistol Ass’n v. Bruen, which conferred the right to “all Americans” with little exception.
According to the high court, the government could only disarm people when there is a more direct history of violence, as was seen in the domestic violence-related firearm case earlier this year, United States v. Rahimi.
