United States of America v. Alexander Jon Ogilvie

Salt Lake City, Utah criminal defense lawyer represented the Defendant charged with illegal receipt of a firearm by a person under indictment, in violation of 18 U.S.C. § 922(n).



After the October 2022 shooting, a federal grand jury returned an indictment against Ogilvie, charging him with illegal receipt of a firearm by a person under indictment, in violation of 18 U.S.C. § 922(n). The federal indictment alleged that he had willfully received the Taurus handgun while indicted in Utah for the felony offense of possessing a dangerous weapon by a restricted person.



The Second Amendment protects "an individual right to keep and bear arms.” Dist. of Columbia v. Heller, 554 U.S. 570, 595 (2008). "Like most rights, the right secured by the Second Amendment is not unlimited.” Id. at 626. The Supreme Court has cautioned that the Second Amendment does not amount to "a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” Id. Instead, the Court has endorsed firearm regulations that restrict conduct unprotected by the Second Amendment. See, e.g., id. at 626–27 ("[N]othing in [Heller] should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons Appellate Case: 24-4089 Document: 41-1

6 and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”); United States v. Rahimi, 602 U.S. 680, 684–85, 700 (2024) (holding that § 922(g)(8), which bars gun ownership for individuals under domestic-violence restraining orders, is facially constitutional). These acceptable restrictions underscore the Court's refrain that the Second Amendment protects the rights of "law-abiding” citizens. See, e.g., Heller, 554 U.S. at 635; Bruen, 597 U.S. at 9

Affirmed