Court Finds Convicted Felons have Second Amendment Rights

AmmoLand ^ | May 14, 2024 | Dean Weingarten

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On May 9, 2024, a three-judge panel of the United States Court of Appeals for the Ninth Circuit published a split decision vacating the conviction of Steven Duarte for violating 18 U.S.C. § 922(g)(1).

18 U.S.C. § 922(g)(1) makes it a crime for any person to possess a firearm if he has been convicted of an offense “punishable by imprisonment for a term exceeding one year.” Steven Duarte, who has five prior non-violent state criminal convictions—all punishable for more than a year—was charged and convicted under § 922(g)(1) after police saw him toss a handgun out of the window of a moving car. Duarte now challenges the constitutionality of his conviction. He argues that, under the Supreme Court’s recent decision in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), § 922(g)(1) violates the Second Amendment as applied to him, a non-violent offender who has served his time in prison and reentered society. We agree.

Judge Carlos T. Bea wrote the opinion. Judge Lawrence VanDyke concurred. Judge M. Smith, Jr. dissented.

Steve Duarte had been previously convicted of five non-violent crimes in California. Under California law, each offense could result in a prison term of more than one year, making them felonies according to federal law. The five convictions were for the following:

1. Vandalism
2. Felon in possession of a firearm (The vandalism conviction is the precursor felony)
3. Possession of a Controlled Substance
4. Evading a Police Officer
5. Evading a Police Officer

Given the history of the Court of Appeals for the Ninth Circuit, it is almost certain the government of California will ask for an en banc review of this case. En banc is likely to be granted.

En banc may be put on hold pending the Supreme Court decision in the Rahimi case, due in June.

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then they will make us all felons and strip us of our rights...

Kinda like they are doing now.