The Supreme Court’s avoidance of a pivotal Second Amendment challenge leaves the door open for uncertainty regarding federal gun restrictions for felons. The case derives from an appeal by Lorenzo Peirre. The debate surrounding Second Amendment laws continues.
Supreme Court’s Non-Intervention
The Supreme Court decided not to review a challenge aimed at a federal law that prevents felons from owning firearms. This stems from a case involving Lorenzo Garod Pierre, who appealed a decision by the U.S. Court of Appeals for the 11th Circuit. By not providing explicit reasoning in vacating the 11th Circuit’s ruling, the Supreme Court signaled potential shifts in interpreting Second Amendment rights in cases concerning felons.
Lorenzo Garod Pierre’s appeal questioned whether his charge for violating Section 922(g)(1), which prohibits firearm possession following a felony conviction, breached constitutional rights. He argued for unconstitutionality based on precedence from the New York State Rifle and Pistol Association v. Bruen decision. However, both the district court and the 11th Circuit upheld the charge, referencing binding precedent.
ICYMI📣
The Supreme Court got it WRONG today in their decision on US vs. Rahimi.
This decision will undoubtedly harm people who have committed no crimes and as Justice Thomas said, "In the interest of ensuring the Government can regulate one subset of society, today’s decision… pic.twitter.com/fNjBVOdlAB
— Gun Owners of America (@GunOwners) June 21, 2024
The framework of United States v. Rahimi
In the wake of this decision, the Supreme Court directed that the case be re-evaluated under the United States v. Rahimi framework. In Rahimi, the court upheld a law preventing individuals with domestic violence restraining orders from possessing firearms, indicating it does not infringe upon Second Amendment rights. This guidance has now been applied to Pierre’s case, introducing a standard for considering constitutional challenges involving felons.
The Supreme Court’s decision reveals widespread judicial uncertainty over gun rights for individuals with felony records. The 11th Circuit maintains a categorical disqualification of felons from Second Amendment privileges. In contrast, circuits like the Seventh and Ninth permit individual as-applied challenges, reflecting significant variances in judicial interpretation.
FPC announced today that it has filed a brief with the Supreme Court in United States v. Rahimi, which challenges the constitutionality of 18 U.S.C. § 922(g)(8), the federal law prohibiting firearms possession by those subject to civil protection orders. https://t.co/lV9hWzq4MO
— Firearms Policy Coalition (@gunpolicy) October 5, 2023
Impacts and Future Observations
U.S. Solicitor General Elizabeth Prelogar suggested a review by the 11th Circuit under Rahimi’s opinions, spotlighting Pierre’s case amidst similar scenarios previously remanded by the Supreme Court. However, no response was gathered from Pierre’s attorney or the U.S. Department of Justice.
This maneuver reiterates the evolving discourse surrounding Second Amendment interpretations, where federal courts diverge on recognizing conditional firearm possession rights for felons. Such legal challenges continue reshaping legislative contours, reflecting overarching constitutional debates.
