Vincent v. Garland, et al., No. 21-4121 (10th Cir. 2023)Annotate this Case
Roughly 50 years ago, Congress banned the possession of firearms by convicted felons. After Congress enacted this ban, the U.S. Supreme Court held that the Second Amendment guaranteed a personal right to possess firearms. Based on the Court’s language, the Tenth Circuit Court of Appeals upheld the constitutionality of the ban on convicted felons’ possession of firearms. The Supreme Court recently created a new test for the scope of the right to possess firearms. Based on the Supreme Court’s creation of a new test, plaintiff-appellant Melynda Vincent challenged the constitutionality of the ban when applied to individuals convicted of nonviolent felonies. To resolve this challenge, the Tenth Circuit had to consider whether the Supreme Court’s new test overruled Tenth Circuit precedent. The appellate court concluded that its precedent was not overruled.