Federal Appeals Court Rules Against Single Mom Seeking Gun Rights Due to 2008 Felony Conviction

A federal appeals court ruled on Tuesday that a single mother and social worker cannot legally obtain a firearm due to her 2008 felony conviction for writing a fraudulent check.

Melynda Vincent, who has since turned her life around, was convicted of federal bank fraud after writing a bad check for $498.12 at a grocery store while she was homeless and struggling with methamphetamine addiction. She pleaded guilty and was sentenced to probation. Since then, she has graduated from a drug treatment program, earned a college degree and two graduate degrees, become a social worker, and founded the Utah Harm Reduction Coalition, a substance abuse treatment center.

Despite her rehabilitation, Vincent remains barred from gun ownership under both federal and Utah state law due to her past felony. She initially filed a lawsuit in 2020 to restore her gun rights, but her case was dismissed in October 2021. Following the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen, Vincent appealed, arguing that her case should be reconsidered under the new precedent.

However, the 10th Circuit Court of Appeals upheld the district court’s decision in September 2023 and reaffirmed the ruling in June 2024, citing the Supreme Court’s recent 8-1 decision in United States v. Rahimi. In Rahimi, Chief Justice John Roberts clarified that some lower courts had “misunderstood the methodology” of previous Second Amendment cases and reaffirmed restrictions on firearm possession for domestic abusers.

Vincent then appealed to the U.S. Supreme Court, which vacated the 10th Circuit’s ruling and ordered the appellate court to review her case again in light of Rahimi. The panel reviewing her case included:
• Judge Robert Bacharach (appointed by Barack Obama)
• Senior Judge Paul Joseph Kelly, Jr. (appointed by George H.W. Bush)
• Judge Joel Carson (appointed by Donald Trump)

The decision reinforces strict federal firearm laws for convicted felons, even those who have rehabilitated their lives. Vincent’s case could set a precedent for similar legal battles in the future.