United States of America v. Gregory Stump

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-4431
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GREGORY STUMP,
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia, at
Clarksburg. Thomas S. Kleeh, Chief District Judge. (1:21-cr-00037-TSK-MJA-1)
Submitted: November 19, 2024 Decided: November 21, 2024
Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ON BRIEF: L. Richard Walker, First Assistant Public Defender, OFFICE OF THE
FEDERAL PUBLIC DEFENDER, Clarksburg, West Virginia, for Appellant. William
Ihlenfeld, United States Attorney, Zelda E. Wesley, Assistant United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Clarksburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Gregory Stump appeals his conviction for possession of a firearm with an
obliterated serial number, in violation of 26 U.S.C. §§ 5842, 5861(h), 5871. He argues that
his conviction is infirm following New York State Rifle & Pistol Ass’n, Inc. v. Bruen, which
held that a firearm regulation is valid under the Second Amendment only if it “is consistent
with this Nation’s historical tradition of firearm regulation.” 597 U.S. 1, 17 (2022).
We recently considered a similar argument in United States v. Price, 111 F.4th 392
(4th Cir. 2024) (en banc). There, we rejected a Second Amendment challenge to 18 U.S.C.
§ 922(k), which, like 26 U.S.C. § 5681(h), prohibits the possession of a firearm with an
obliterated serial number. Id. at 396-97, 408. Price, we conclude, clearly forecloses
Stump’s challenge to the validity of his conviction.
Accordingly, we affirm Stump’s criminal judgment. We dispense with oral
argument because the facts and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional process.
AFFIRMED

-- 2 of 2 --