2nd Amendment-Untruthful Answer

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7^th Circuit Court of Appeals

Case Name: United States of America v. John Holden

Case No.: 22-3160

Officials: Easterbrook, Wood, and Pryor, Circuit Judges.

Focus: 2^nd Amendment-Untruthful Answer

When John Holden sought to buy a firearm in August 2021, he had to complete ATF Form 4473. Among the questions was whether he was then “under indictment or information” for any crime punishable by imprisonment for a year or more. He answered “no,” but that answer was false. Holden had been accused of battering a public safety official, in violation of Ind. Code §35-42-2-1(c)(1), (e)(2).

Defendant entered a guilty plea, but then sought to withdraw his plea, arguing that 18 U.S.C. 922(n), which makes it a crime to purchase or receive a firearm while under indictment for a felony, violates the Second Amendment. The district court granted Defendant’s motion and dismissed the indictment. The government appealed. On appeal, the Seventh Circuit reversed. Defendant was not charged under 18 U.S.C. 922(n). The government is permitted to enact a law that penalizes providing an untruthful answer, which is the question the court was presented with. Whether Section 922(n) violates the Second Amendment remains unresolved.

Reversed.

Decided 06/16/23

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