5th Circuit Post-Bruen: A New Path to Overturn Non-Violent Gun Convictions

May 16, 2026 • Criminal Defense • By Arman Miri, Partner

Since the U.S. Supreme Court’s landmark decision in New York State Rifle & Pistol Association v. Bruen (2022), federal courts across the country have been forced to re-examine firearm-related convictions. The 5th Circuit Court of Appeals — which includes Mississippi — has been particularly active in this area.

What the 5th Circuit Is Doing

In recent months, the 5th Circuit has shown increasing willingness to overturn convictions for non-violent firearm possession, especially in cases involving:

The court is applying the Bruen test more rigorously, requiring the government to prove that modern firearm restrictions are consistent with the nation’s historical tradition of firearm regulation.

Why This Matters in Mississippi

Mississippi has a large number of individuals with older felony convictions — many of them non-violent — who are currently prohibited from possessing firearms. For some, these convictions date back decades.

The 5th Circuit’s evolving jurisprudence is creating new opportunities for relief through:

Important: Not every non-violent gun conviction will be overturned. Success depends heavily on the specific facts of the case, the nature of the prior conviction, and how the government responds.

What You Should Do

If you or a loved one has a non-violent felony conviction and is facing federal firearm charges, or if you are currently prohibited from possessing a firearm, this is an area worth exploring immediately.

The legal landscape is shifting rapidly. Early action can make a significant difference in the outcome of your case.

How We Can Help

At Lowrey, Fortner, & Miri P.A., our criminal defense team closely monitors developments in the 5th Circuit and Supreme Court. We have experience handling complex federal firearm cases and post-conviction relief matters.

Contact us today for a confidential consultation to discuss whether your situation may be affected by these recent legal developments.

This article is for informational purposes only and does not constitute legal advice. Firearm laws are complex and constantly evolving. Speak with an experienced attorney about your specific situation.

Call (601) 582-5015