Mobile man loses constitutional challenge to gun charge, pleads guilty

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Mobile man loses constitutional challenge to gun charge, pleads guilty
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A Mobile man who twice challenged gun charges leveled against him pleaded guilty Monday in federal court.

of felon-gun law. He argued that such laws were impermissible under the Second Amendment in light of a landmark high court ruling last year invalidating a New York State concealed-carry law.

On Monday, Beaverstock ruled against Jackson, 36, of Mobile. He pointed to a 2010 ruling by the Atlanta-based 11th U.S. Circuit of Appeals and wrote that it “remains binding precedent in this circuit.” Beaverstock quoted a ruling from a 2022 case in the Northern District of Alabama in which the judge wrote that the question was whether that 2010 was still “good law” in light of the Supreme Court’s decision in the New York State case, United States v. Rozier.

“After careful review, the court concludes that it is,” the judge in that case wrote. “Because Rozier has not been clearly overruled or undermined to the point of abrogation, this court is bound by that decision’s holding does not violate the Second Amendment.” Jackson had been set to have a non-jury trial on Monday. Instead, after the judge’s ruling, he pleaded guilty to two counts of being a felon in possession of a firearm. Beaverstock set his sentencing for January. The maximum penalty is 15 years in prison, although under advisory guidelines, the actual punishment likely will be less.

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