The US Supreme Court declined to consider restoring the gun rights of people convicted of nonviolent felonies, turning away an appeal from a Utah woman convicted 18 years ago of trying to pass a bad check at a grocery store.
The rebuff came at the urging of the Trump administration. US Solicitor General
The Monday morning rejection came 30 minutes before the court began hearing
The appeal spurned by the court sought to narrow the federal law that bars gun possession by anyone convicted of a felony. Melynda Vincent said the law can’t constitutionally be applied to people whose criminal pasts don’t involve violence.
“Our historical tradition of firearms regulation does not permit the federal government to permanently disarm someone based solely on the fact of a prior nonviolent criminal conviction,” Vincent argued. She says she wants a firearm for protection and to go hunting with her children.
In ruling against Vincent, the Denver-based 10th US Circuit Court of Appeals pointed to a passage in the 2008 Supreme Court
Other federal appeals courts have taken a different position, saying the Second Amendment protects at least nondangerous convicted felons.
Sauer, the Trump administration’s top Supreme Court lawyer, said Vincent would have a “strong case for relief” if she applied to have her gun rights restored through the new Justice Department program. But he said the availability of that process “dooms the Second Amendment challenge.”
The Justice Department program “provides a more workable process for restoring firearms rights than would a court-administered regime of as-applied challenges,” Sauer said.
Vincent countered that the Justice Department program would give government officials the type of discretion the Supreme Court has previously said is problematic. The court in 2022
The Supreme Court’s docket is already heavy with gun cases. The justices are separately
The Supreme Court separately rejected an appeal by Christian Lamont Thompson, who was charged with illegally possessing a firearm after two prior felony convictions for attempted distribution of cocaine. Like Vincent, he sought to argue that the federal felon-in-possession law couldn’t constitutionally be applied to him.
The case is Vincent v. Bondi, 24-1155.
(Describes Monday argument in third paragraph.)
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