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Court Hears Challenge to Felon‑in‑Possession Conviction Based on 2009 DUI; Preservation and Bruen Analysis Central
Summary
The Court considered whether a conviction for possession by a restricted person (based on a 2009 felony DUI) is constitutional under post‑Bruen Second Amendment tests and whether the claim was preserved below.
The Utah Court of Appeals heard arguments on whether a possession‑by‑a‑restricted‑person conviction tied to a 2009 felony DUI violates the Second Amendment under the framework that has emerged since New York State Rifle & Pistol Assn. v. Bruen.
Benjamin Miller, counsel for appellant Michael Caldwell, urged the panel to treat the case as an as‑applied challenge to disarmament based on a nonviolent felony. Miller said Bruen requires historical‑tradition analogues and argued felony DUI lacks an historical analogue that would support lifelong deprivation of arms. He told the court that categorical treatment of all felons is overbroad and highlighted circuit decisions that have found particular felonies not analogous to historical regulations.
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