What Happened?

A federal law that bars people with felony convictions from owning guns is headed toward a potential Supreme Court showdown. The Justice Department has asked the nation's highest court to take up *United States v. Hembree*, a case that could decide whether that ban holds up under the Constitution, at least for people convicted of nonviolent crimes like drug possession.

The case grew out of a ruling by the Fifth U.S. Circuit Court of Appeals, which covers Texas, Louisiana, and Mississippi. That court found the federal felon gun ban, written into federal law as 18 U.S.C. Section 922(g)(1), unconstitutional as applied to a defendant convicted of methamphetamine possession, a nonviolent felony.

Why Does it Matter to Me?

Federal law currently makes it a crime for anyone with a felony conviction to possess a firearm, regardless of whether the crime involved violence. If the Supreme Court takes the case and sides with the Fifth Circuit, courts could be required to evaluate gun bans on a case-by-case basis, potentially restoring gun rights for some people convicted of nonviolent felonies.

That affects a large number of Americans. Felony convictions cover a wide range of offenses, and many involve no violence at all.

Both Sides, Now

The legal disagreement runs deep. Federal appeals courts are currently split:

  • The Fourth, Eighth, Tenth, and Eleventh Circuits uphold the felon gun ban across the board
  • The Third, Fifth, Sixth, and D.C. Circuits allow courts to examine whether the ban applies unconstitutionally to specific defendants, particularly those with nonviolent records
  • The Ninth Circuit has also found the ban unconstitutional as applied to certain defendants

The split traces back to the Supreme Court's 2022 ruling in *New York State Rifle and Pistol Association, Inc. v. Bruen*, which set a new standard requiring gun laws to be rooted in the nation's historical tradition of firearms regulation. Supporters of the ban argue that tradition clearly supports disarming people convicted of serious crimes. Opponents argue that history does not support a lifetime gun ban for someone who, say, was caught with drugs.

Earlier this year, the Supreme Court struck down a separate law, 18 U.S.C. Section 922(g)(3), which banned gun possession by unlawful drug users, in *United States v. Hemani*. The Court found insufficient historical support for that provision. Importantly, the Court in that ruling repeated its earlier statement that the felon gun ban should not be read as constitutionally suspect, leaving the question in *Hembree* formally unresolved.

The Justice Department, under the Trump administration, is now pressing the Court to settle the matter. Congress retains the power to rewrite the law at any time, regardless of what the Court decides.

What Happens Next?

The Supreme Court has not yet agreed to hear *Hembree*, but it took a notable step by asking the defendant to respond to the Justice Department's petition, rather than simply turning it away. That procedural move, analyzed in a Congressional Research Service report, suggests the justices are considering the case seriously. If the Court agrees to hear it, a ruling would follow in a future term. If the Court declines, the circuit split remains unresolved and lower courts continue to reach different outcomes depending on where a defendant lives.

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