Tello v. United States of America

On August 30, 2023, in the U.S. District Court for the Western District of Texas, Defendant Daniel Tello filed a motion to dismiss the federal indictment charging him with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). Tello, whose predicate offense was a non-violent felony, argued that under the Supreme Court's 2022 Bruen decision, the statute was unconstitutional as applied to him. He contended there was no historical tradition of disarming individuals convicted of non-violent, non-dangerous felonies. The government opposed the motion, asserting that the disarmament of felons is consistent with the nation's historical tradition of firearm regulation. The case involved analyzing post-Bruen challenges to felon-in-possession laws.

No final judgment found in available records regarding the August 30, 2023 motion. Post-Bruen challenges to § 922(g)(1) have yielded conflicting rulings across federal courts, with some upholding the statute and others declaring it unconstitutional in specific as-applied contexts.

Whether 18 U.S.C. § 922(g)(1), which prohibits felons from possessing firearms, violates the Second Amendment as applied to a defendant whose predicate felony conviction was non-violent and did not involve dangerous conduct, in light of the new historical tradition test established by New York State Rifle & Pistol Association v. Bruen (2022).

The case represents the substantial legal uncertainty created by Bruen for longstanding federal firearm prohibitions. It has intensified the national debate on gun control, with potential implications for millions of non-violent felons seeking restoration of firearm rights and significant consequences for federal criminal justice policy.