Federal 7th Circuit Court
Criminal Court
Second Amendment
Defendant was indicated for violating 18 U.S.C. ยง 922(g)(1), which makes it a crime for a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to possess a firearm in or affecting interstate commerce. The district court dismissed the indictment after concluding the applicable statute was invalid on its face and the U.S. appealed. The Seventh Circuit reversed and remanded, explaining that the various federal courts that have considered Second Amendment jurisprudence have concluded that section 922 (g)(1) cannot be declared facially unconstitutional and that challenges should be reserved for as-applied arguments. (BRENNAN and ST. EVE, concurring)