Opinion
8:22-po-00390-GLS
02-21-2023
UNITED STATES OF AMERICA v. RICHARD B. OLESZCZUK, Defendant
MEMORANDUM OPINION AND ORDER
The Honorable Gina L. Simms, United States Magistrate Judge
On October 18, 2021, the Defendant was charged by citation with a single count of possession of a firearm at the National Institutes of Health (“NIH”) in violation of 45 C.F.R. § 3.42(g). (ECF No. 1).
Pending before this Court is the Defendant's oral motion to dismiss the charge on Second Amendment grounds (“Motion to Dismiss”), citing New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (2022). The Defendant made the oral Motion to Dismiss on October 18, 2022, and has not supplemented the oral Motion to Dismiss with any briefing. On December 28, 2022, the Government has filed a “Notice of Authority” in opposition of the Motion to Dismiss. (ECF No. 31).
On January 9, 2023, in both United States of America v. Robertson, GLS-22-0867 (D. Md.), and United States of America v. Power, GLS-20-0331 (D. Md.), this Court issued memorandum opinions denying motions to dismiss related to the same types of Second Amendment challenges as the Defendant advances here. The Court, having reviewed this case, adopts its rulings in Robertson and Power, and holds that 45 C.F.R. § 3.42(g) does not violate the Second Amendment for the reasons set forth in the Robertson and Power memorandum opinions. Accordingly, the Defendant's Motion to Dismiss is DENIED.