Archive | Bruen

Friday, June 30th, 2023

Section 922(g)(1) Held Unconstitutional As Applied to a Murderer

Section 922(g)(1) of Title 18 bars anyone ever convicted of any felony from ever possessing a gun.

Judge Carlton Reeves of the Southern District of Mississippi just dismissed an indictment charging a violation of § 922(g)(1).  He ruled that, in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), section 922(g)(1) is unconstitutional as applied to Jessie Bullock, a man with felony convictions for “aggravated assault and manslaughter.”  United States v. Bullock, ___ F. Supp. 3d ___, 2023 WL 4232309, at *2 (S.D. Miss. June 28, 2023).

As the judge noted, “Bruen articulated a new legal standard applicable to all Second Amendment challenges.”  Id. at *29.  Namely: “[W]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.  To justify its regulation, . . . the government must demonstrate that the regulation is consistent …

Posted by
Categories: 922(g), Bruen

Posted By
Categories: 922(g), Bruen

Continue Reading