What Happened?
Whether the federal ban on gun possession by felons can be applied to a person convicted of a nonviolent felony may depend on which federal appeals court circuit hears the case. Six circuits uphold the law in every case and four say it may be unconstitutional for such defendants. The Congressional Research Service analyzed the federal felon gun ban and found that federal appeals courts are split on whether it is constitutional.
The current federal law bars anyone convicted of a felony from possessing a firearm, with a felony conviction as the sole trigger.
Why Does it Matter to Me?
Where you live can determine whether a federal prosecutor can charge you under the felon gun ban if your prior conviction was nonviolent. The Fifth Circuit takes a case-by-case approach, upholding the law for people convicted of inherently violent offenses but striking it down where the prior felony was methamphetamine possession or failure to pay child support.
The U.S. Court of Appeals for the Third Circuit ruled the ban could not be applied to a man whose felony was making false statements to obtain food-stamp assistance, and the U.S. Court of Appeals for the Fifth Circuit reached the same conclusion for a defendant whose felony was failure to pay child support.
Congress now faces a choice: amend the law to align with one of the circuit positions, or leave further resolution to the courts.
Both Sides, Now
The Supreme Court's 2008 ruling in *District of Columbia v. Heller* called felon-disarmament rules "presumptively lawful," and its 2024 ruling in *United States v. Rahimi* quoted that language while rejecting a facial challenge to a separate gun law.
Opponents argue the ban violates the Second Amendment when applied to people whose convictions were nonviolent and do not show they pose a danger, a position the Third Circuit adopted for a food-stamp fraud conviction and the Fifth Circuit adopted for a failure-to-pay-child-support conviction.
The Supreme Court denied the Justice Department's petition for review in *United States v. Hembree* on Oct. 5, leaving the split intact. Congress holds the power to rewrite the law but has not acted, according to the CRS report.
What Happens Next?
The Fifth Circuit is scheduled to hear *United States v. Squire* before its full bench in January 2027, where it will consider whether the felon gun ban is consistent with Congress's power to regulate commerce between states. The rehearing could produce a new ruling on whether the felon-in-possession law is valid on its face.
Congress retains authority to amend the law, with options ranging from writing one circuit's approach into the statute to taking no action at all. The Supreme Court could also accept a future petition, since the denial in *Hembree* does not prevent it from doing so.
---
AllCiv makes it easy to stay politically informed and involved.
---
Spot something wrong? Report an issue with this article