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“What’S Brewin’ With Bruen?” Why, And How, We Must Permit Certain Felons To Possess Firearms, Samuel Roos

Dickinson Law Review (2017-Present)

In the summer of 2022, the U.S. Supreme Court decided New York Rifle & Pistol Association v. Bruen, outlining a new test for the constitutionality of statutes regulating firearm possession. The result has been chaos. In less than a year, U.S.C. § 922(n) and § 922(g)(8), which criminalize possession by specific people involved in the criminal justice system, have been held unconstitutional. Challenges to other federal firearm regulations are flooding the courts.

Notably, § 922(g)(1), which criminalizes possession of a firearm by any person with a felony in their criminal history, has been vigorously challenged. Few courts have yet …