SocialSecurity SecondAmendment
Is the criminal prohibition on the receipt of a firearm by a person under felony indictment (18 U.S.C. § 922(n)) constitutional under the Second Amendment in light of the new standard for Second Amendment cases announced in New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (June 23, 2022)?
QUESTIONS PRESENTED Question 1: Is the criminal prohibition on the receipt of a firearm by a person under felony indictment (18 U.S.C. § 922(n)) constitutional under the Second Amendment in light of the new standard for Second Amendment cases announced in New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (June 23, 2022)? Question 2: Are persons under felony indictment not considered part of “the people” as referenced in and protected by the Second Amendment? Question 3: Must an alleged false statement by a defendant charged in 18 U.S.C. § 922(a)(6) be “material to the lawfulness of the sale or other disposition of” the firearm in order to be held criminally liable under the statute or is it enough, as held by the appellate panel in this case, that the alleged false statement only to have “a natural tendency to influence, or be capable of influencing, the decision of the decision-making body to which it was addressed”? 2 Parties to Case 1. John Holden 2. United States of America List of All Prior Proceedings 1. United States of America v. John Holden, No. 3:22-CR-30-RLM (U.S. District Court, Northern District of Indiana). Judgment dated October 31, 2022. 2. United States of America v. John Holden, No. 22-3160 (U.S. Court of Appeals for the Seventh Circuit). Original opinion dated June 16, 2023. Petition for Rehearing En Banc denied July 14, 2023. 3