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Keywords

statuteappealtrialmotionwillregulationfelony

statutewillregulation

Related Cases

Alexander v. United States, 686 F.Supp.3d 608

Facts

John Willis Alexander pled guilty to illegal receipt of a firearm while under indictment, which stemmed from suspicious purchases reported by a Michigan firearm retailer. At the time of these purchases, he was under indictment for two state felony charges. Despite being prohibited from possessing firearms due to his bond conditions, Alexander made multiple purchases of firearms and ammunition, leading to federal charges under 18 U.S.C. § 922(n). The court sentenced him to 42 months imprisonment, which was affirmed by the Sixth Circuit.

John Willis Alexander pled guilty to Receipt of a Firearm by a Person Under Indictment. The § 922(n) charge arose from a Michigan firearm retailer's report of three suspicious purchases in December 2020 and January 2021.

Issue

Is the statute criminalizing the receipt of a firearm by a person under indictment unconstitutional under the Second Amendment, both facially and as applied?

Rule

The Second Amendment protects an individual's right to keep and bear arms, and any regulation must be consistent with the historical tradition of firearm regulation in the United States.

The Second Amendment to the United States Constitution provides '[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.'

Analysis

The court determined that Alexander's conduct of receiving a firearm was covered by the Second Amendment's plain text, thus presumptively protected. However, it also found that the statute under which he was charged fit within the historical tradition of firearm regulation, making it constitutional. The court noted that the government had to demonstrate that the regulation was consistent with historical traditions, which it did by drawing parallels to historical laws regarding pretrial detention and restrictions on individuals deemed dangerous.

The Court agrees with the majority of the other counts. The Second Amendment states that 'the right of the people to keep and bear Arms, shall not be infringed.' U.S. Const. amend. II. (emphasis added). In Heller, the Supreme Court clarified that there is a 'strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.'

Conclusion

The court denied Alexander's motion to vacate his sentence, holding that the statute was constitutional both facially and as applied. The court granted a certificate of appealability due to the unique circumstances of the case.

The Court concludes that Movant, although a felon indictee, is presumptively the type of person protected by the Second Amendment. Second, Movant's conduct – receiving a firearm – is covered by the Second Amendment's plain text.

Who won?

The government prevailed in the case, as the court upheld the constitutionality of the statute under which Alexander was convicted, finding it consistent with historical firearm regulations.

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