United States of America v. Glen Prince

In the
United States Court of Appeals
For the Seventh Circuit
____________________
No. 23-3155
U NITED S TATES OF A MERICA,
Plaintiff-Appellant,
v.
GLEN PRINCE,
Defendant-Appellee.
____________________
Appeal from the United States District Court for the
Northern District of Illinois, Eastern Division.
No. 22 CR 240 — Robert W. Gettleman, Judge.
____________________
A RGUED DECEMBER 11, 2024 — DECIDED A PRIL 2, 2026
____________________
Before BRENNAN , Chief Judge, and EASTERBROOK and S T.
EVE, Circuit Judges.
EASTERBROOK, Circuit Judge. A federal statute, 18 U.S.C.
§922(g)(1), makes it a crime for any person “who has been
convicted in any court of, a crime punishable by imprison-
ment for a term exceeding one year” to possess a firearm in or
affecting interstate commerce. An indictment charged Glen
Prince with violating this statute, but a district court dis-
missed the indictment after concluding that §922(g)(1) is

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2 No. 23-3155
invalid “on its face”—that is, in every possible application—
under the Second Amendment to the Constitution. 700 F.
Supp. 3d 663 (N.D. Ill. 2023). The United States has appealed.
District of Columbia v. Heller, 554 U.S. 570 (2008), held that
the Second Amendment creates personal rights. The Court
pointedly added that “longstanding prohibitions on the pos-
session of firearms by felons” are valid. Id. at 626, 635. When
extending Heller to the states, the Court in McDonald v. Chi-
cago, 561 U.S. 742, 786 (2010) (lead opinion), reassured readers
that all of the reservations and provisos in Heller retain valid-
ity. In a more recent Second Amendment decision, New York
State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022),
Justices Alito and Kavanaugh, whose votes were essential to
the majority, wrote separately to say that Bruen did not
change anything about Heller. See 597 U.S. at 72 (Alito, J., con-
curring) (“Our holding decides nothing about who may law-
fully possess a firearm or the requirements that must be met
to buy a gun. Nor does it decide anything about the kinds of
weapons that people may possess. Nor have we disturbed an-
ything that we said in Heller or [McDonald] about restrictions
that may be imposed on the possession or carrying of guns.”);
id. at 80–81 (Kavanaugh, J., joined by the Chief Justice, con-
curring) (endorsing the statement in Heller about the propri-
ety of denying firearms to felons). And in the Court’s most
recent Second Amendment decision, United States v. Rahimi,
602 U.S. 680 (2024), the Justices held that people who have
been adjudicated as dangerous, as by the issuance of a protec-
tive order, may be disarmed. The existence of a felony convic-
tion is another plausible indicator of danger.
None of the Supreme Court’s decisions expressly ad-
dresses the validity of §922(g)(1), and it is chancy for an

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No. 23-3155 3
inferior court to take dicta (such as the statements in Heller) as
the equivalent of holdings. Bruen changed Heller’s approach
to be more historical, and Rahimi recast Bruen to be more risk-
centric (after observing that American history evinces this em-
phasis on danger). Given the current state of the law, repre-
sented by Rahimi, it is difficult to conclude that §922(g)(1) can-
not be applied to anyone, even a person with a string of con-
victions suggesting grave danger. Say, multiple convictions
for murder committed using explosives or machine guns.
Here’s another, from Fields v. Gilley, 121 F.4th 598, 600 (7th Cir.
2024): “In 2001, Fields was in federal custody, on the charge
of being a felon in possession of a firearm, when he bribed a
correctional officer with a $5,000 payment in return for a key
to the detention center’s fire escape. He used that key to es-
cape, and over the course of several days, he engaged in vio-
lent crimes including the murder of his ex-girlfriend and the
carjacking of another woman at gunpoint, all with the use of
a firearm.”
At oral argument counsel for Prince was clear that he was
not contending that §922(g)(1) is invalid as applied to his cli-
ent. That is understandable. Prince has prior convictions for
armed robbery and aggravated battery. His most recent crim-
inal activity (leading to this prosecution under §922(g)(1)) in-
volved accosting passengers on public transport with a fire-
arm and demanding that they hand over their valuables.
When Prince was arrested, on the platform of another public
transit station, which displays signs that guns are forbidden
there, see Schoenthal v. Raoul, 150 F.4th 889 (7th Cir. 2025), he
had a loaded semi-automatic weapon in his waistband. It
would not be possible to argue with a straight face that fire-
arms are harmless in Prince’s hands. That’s why he chose to
make a facial attack. He and his counsel have had, and used,

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4 No. 23-3155
every opportunity to marshal the historical evidence relevant
to this subject after Bruen. See Atkinson v. Garland, 70 F.4th
1018 (7th Cir. 2023).
Judges of federal courts across the country have disagreed
about the implications of Bruen and Rahimi for prosecutions
under many subsections of §922(g). The Justices have under
advisement a dispute about the scope and validity of
§922(g)(3), which prohibits firearms possession by someone
“who is an unlawful user of or addicted to any controlled sub-
stance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802))”. United Sates v. Hemani, No. 24–1234 (ar-
gued March 2, 2026). Some courts have held that some felony
convictions, such as food-stamp fraud, are so unlikely to im-
ply danger that particular applications of §922(g)(1) are inva-
lid. E.g., Range v. Attorney General, 124 F.4th 218 (3d Cir. 2024)
(en banc). But the one thing on which all courts of appeals that
have addressed the question after Bruen agree is that
§922(g)(1) is valid in many applications and cannot be de-
clared unconstitutional “on its face.”
For a sampling, see Zherka v. Bondi, 140 F.4th 68, 74–75, 91–
93 (2d Cir. 2025); United States v. Canada, 123 F.4th 159, 161–62
(4th Cir. 2024); United States v. Kimble, 142 F.4th 308, 314–17
(5th Cir. 2025); United States v. Williams, 113 F.4th 637, 657–61
(6th Cir. 2024); United States v. Cunningham, 114 F.4th 671, 675
(8th Cir. 2024); United States v. Duarte, 137 F.4th 743, 755–61
(9th Cir. 2025) (en banc); Vincent v. Bondi, 127 F.4th 1263, 1264–
66 (10th Cir. 2025); United States v. Dubois, 139 F.4th 887, 892–
94 (11th Cir. 2025). There are many others.
It is tempting to explicate the reasoning of these decisions
and show why Bruen allows (if Rahimi does not compel) the
conclusion that §922(g)(1) has at least some constitutional

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No. 23-3155 5
applications. But the fact that a given question is unsettled in
this circuit need not induce us to be an echo chamber. “It has
all been said before, but not by us”—followed by exegesis—
is a poor excuse for burdening the reader. It is enough to cite
the decisions we have mentioned, plus United States v. Watson,
No. 24-2432 (7th Cir.), which is being released contemporane-
ously. Watson and the decisions in other circuits say all that is
necessary.
As in Watson, we reserve decision on as-applied challenges
by persons whose felony convictions do not suggest that fire-
arms would be dangerous in their hands. Some courts of ap-
peals allow such challenges; some do not; in this circuit the
issue is open. For a person such as Prince, however, once the
general validity of §922(g)(1) has been established, there is
nothing more to say.
R EVERSED AND R EMANDED

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