Felons in Possession: Rejecting the Third Circuit and its Application of Bruen

Abstract

The Supreme Court’s 2022 decision striking down a New York public carry law has triggered widespread legal challenges to gun regulations across the United States. Among the most contested statutes is 18 U.S.C. § 922(g)(1), the federal felon-in-possession law, a crucial tool for the Department of Justice in restricting firearm access. Recent rulings from the Third and Eighth Circuits have resulted in a legal split regarding the constitutionality of this provision, raising uncertainty about its future enforceability. This note examines the historical and legal foundations of § 922(g)(1), the implications of New York State Rifle & Pistol Association v. Bruen, and the evolving judicial landscape surrounding Second Amendment rights. Ultimately, a close analysis of Supreme Court precedent suggests that § 922(g)(1) will likely withstand constitutional scrutiny despite recent challenges