United States District Court, District of Alaska (2022)
In United States v. Delpriore, 2022 WL 17490771 (D. Alaska Oct. 4, 2022), the district court held
that prohibitions on the possession of firearms by felons continue to be valid after the Supreme
Court’s ruling in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022).
(Delpriore, 2022 WL 17490771 at *3). Felony defendant Delpriore filed a motion to dismiss a
charge under a federal felon in possession statute, arguing that the statute burdened his right to
keep and bear arms under the Second Amendment. (Id. at *1). The district court reasoned that
although Bruen altered the Second Amendment analytical framework, Bruen did not indicate a
change to the Supreme Court’s earlier decisions holding that Second Amendment protections do
not extend to felons. (Id. at *2). As such, the district court denied the motion to dismiss and held
that prohibitions on the possession of firearms by felons do not violate the Second Amendment.
(Id. at *3).