U.S. Court of Appeals for the Fifth Circuit in New Orleans. Photo: Mike Scarcella/ALMDOJ Asks 5th Circuit to Publish Opinion Upholding Gun Ban for Felon
In its motion for publication, the federal government stated that giving the ruling precedential effect would help judges resolve other cases challenging the constitutionality of the federal ban on felon gun possession where the underlying predicate offenses are manslaughter and aggravated assault.
November 26, 2024 at 06:45 PM
4 minute read
What You Need to Know
- 5th Circuit asked to publish an unpublished per curiam on felon-in-possession law.
- DOJ says precedential opinion would help resolve other similar challenges to the statute.
- Circuits disagree on constitutionality of the ban as applied to people with non-violent felony convictions.
The federal government wasted little time in pressing the U.S. Court of Appeals for the Fifth Circuit to publish its Monday ruling that a convicted felon did not have a Second Amendment right to possess a gun.
The U.S. Department of Justice filed a motion—also on Monday—asking Judges Edith Jones, Don Willett and Kurt Engelhardt to publish the unpublished per curiam decision that revived felon-in-possession charges against James Bullock, who was convicted in 1994 for aggravated assault and manslaughter.
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