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

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

Since Bruen, the 5th Circuit has sustained Second Amendment challenges to some federal gun statutes while rejecting others. The clearest defense wins have come in cases involving:

• Simple possession by unlawful drug users under 18 U.S.C. § 922(g)(3), which the court has held unconstitutional as applied to certain non-violent defendants
• Prosecutions where the government cannot tie the modern restriction to a historical tradition of firearm regulation

The court is applying the Bruen test rigorously, requiring the government to prove that modern firearm restrictions are consistent with the nation’s historical tradition of firearm regulation. At the same time, the 5th Circuit has so far upheld the federal felon-in-possession statute, 18 U.S.C. § 922(g)(1), against most challenges, including some brought by people with non-violent priors. As-applied challenges continue, and several cases are seeking U.S. Supreme Court review.

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.

For some defendants, the 5th Circuit’s evolving jurisprudence may open opportunities for relief through:

• Direct appeals
• 28 U.S.C. § 2255 motions
• Petitions for writ of coram nobis

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.